Virginia Law

A. The board shall review all regional water supply plans to determine compliance with this chapter and consistency with the State Water Resources and Supply Plan. The board will review adopted elements of a regional water supply plan according to review policies adopted by the board. Copies of the adopted regional water supply plan documents and subsequent changes thereto shall be provided to the department.

B. To assist in the review of the regional water supply plans, the board shall provide the Virginia Department of Health and other agencies listed in 9VAC25-780-150 B along with any other agency the board deems appropriate, 90 days to evaluate the regional water supply plans. Comments must be received from the Virginia Department of Health or other agency by the deadline stipulated in the written notification from the board.

C. The board will assess the compliance of submitted regional water supply plans with this chapter. The board shall prepare a tentative statement of findings on whether the regional water supply plan has demonstrated compliance with the following:

1. All elements of a regional water supply plan identified in 9VAC25-780-50 have been submitted;

2. The regional water supply plan was developed through a planning process consistent with this chapter;

3. The results of any evaluation conducted pursuant to subsection G of this section have been appropriately accommodated;

4. The existing sources information complies with 9VAC25-780-70;

5. The existing water use information complies with 9VAC25-780-80;

6. The existing resources information complies with 9VAC25-780-90;

7. The projected water demand is based on an accepted methodology and complies with 9VAC25-780-100;

8. The water demand management information complies with 9VAC25-780-110;

9. The drought response and contingency plan complies with 9VAC25-780-120;

10. The region's water supply risks have been identified and regional strategies to address those risks have been proposed and comply with 9VAC25-780-125;

11. The statement of need complies with 9VAC25-780-100 H;

12. When required, the alternatives analysis complies with 9VAC25-780-100;

13. The regional water supply plan demonstrates sufficient cross-jurisdictional coordination between local governments and consultation with stakeholders during regional water supply plan development in accordance with 9VAC25-780-50; and

14. The regional water supply plan is consistent with 9VAC25-390-20, § 62.1-11 of the Code of Virginia, and Chapter 3.2 (§ 62.1-44.36 et seq.) of Title 62.1 of the Code of Virginia.

D. If the board's tentative decision is to find the regional water supply plan in compliance with subsection C of this section, the board shall provide public notice of its findings pursuant to 9VAC25-780-150.

E. If the tentative decision of the board is to find the regional water supply plan in noncompliance with this chapter, the board shall identify the reason for the finding of noncompliance and the right to an informational proceeding under Article 3 (§ 2.2-4018 et seq.) of Chapter 40 of the Virginia Administrative Process Act.

F. The board shall make a final decision on whether the regional water supply plan is in compliance with this chapter after completing review of the submitted regional water supply plan, any agency comments received, and any public comment received from a public meeting held pursuant to 9VAC25-780-160.

G. In conjunction with the compliance determination made by the board, the state will develop additional information and conduct additional evaluation of local or regional alternatives in order to facilitate continuous planning. This additional information shall be included in the State Water Resources and Supply Plan and made available to localities for use in their planning. This information developed by the department shall include:

1. An estimate of current water withdrawals and use for agriculture, domestic use, and other significant categories of water users;

2. A projection of water withdrawals and use by agriculture, industry, domestic use, and other significant categories of water users;

3. An estimate, for each major river and stream, of the minimum in-stream flows necessary during drought conditions to maintain water quality and avoid permanent damage to fish and wildlife resources and habitat in streams, bays, and estuaries;

4. An evaluation, to the extent practicable, of the ability of existing subsurface and surface waters to meet current and future water uses, including minimum in-stream flows, during drought conditions;

5. An evaluation, in cooperation with the Virginia Department of Health and local water supply managers, of the current and future capability of public water systems to provide adequate quantity and quality of water;

6. An estimate, using a data-driven method that includes multiple reasonable assumptions about supply and demand over varying timeframes, of the risk that each locality and region will experience water supply shortfalls; and

7. An evaluation, to the extent practicable, of hydrologic, environmental, economic, social, legal, and jurisdictional aspects identified.

H. The department may facilitate information sharing and discussion among localities when potential conflicts arise with regard to demands upon a source.

I. A regional water supply plan's information shall be included in the State Water Resource and Supply Plan when determined to be in compliance by the board.