Virginia Law

A. Each locality in a regional planning area shall assist its regional planning unit in developing and submitting a single jointly produced regional water supply plan to the department within five years from October 9, 2024. To meet this requirement, local governments must complete the following for use by the regional planning unit:

1. Prepare water source information from its jurisdiction that complies with 9VAC25-780-70.

2. Prepare existing water use information from its jurisdiction that complies with 9VAC25-780-80. This information must include a review of water reporting data provided by the department and supplemented to the extent practicable, with any locally known omissions of water users and service area maps for public water utilities.

3. Prepare existing water resource information from its jurisdiction that complies with 9VAC25-780-90.

4. Prepare a 30-year demand projection of water demand and any alternatives for deficits in meeting this demand from existing sources of supply for its jurisdiction that complies with 9VAC25-780-100.

5. Prepare water demand management information from its jurisdiction that complies with 9VAC25-780-110.

6. Prepare a minimum three-stage drought response and contingency plan for its jurisdiction consistent with local sources of supply and water use patterns that complies with 9VAC25-780-120.

B. In developing a regional water supply plan, regional planning units shall use the following process:

1. Each local government and water authority shall designate a representative and one or more alternates to represent its interests in the regional planning unit by submitting the names and contact information of such individuals to the department by December 8, 2024. Local governments and alternates may jointly represent the local government and any water authority created by the local government. The department will collect and distribute the contact information for the designated representatives and alternates, and a list of the available data for all registered community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, to the members of each respective planning unit. The department shall maintain a current list of designated representatives and alternates and shall make the list publicly available to facilitate coordinated water supply planning.

2. The department will schedule and convene a kickoff meeting for each regional planning unit to provide guidance on the regional water plan development process, requirements, and timelines. The department will provide notice of the kickoff meeting, at a minimum, to (i) each designated representative for the regional planning unit; (ii) any other community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within the respective regional planning area; and (iii) any planning district commission whose territory includes all or part of the regional planning area. A kickoff meeting will be convened by April 7, 2025. On the department's initiative or at the request of any designated representative, the department will schedule a kickoff meeting in preparation for revising a regional water supply plan in accordance with subsections I and J of this section.

3. Subdivisions B 1 and B 2 of this section shall not apply to any regional planning unit in which a planning district commission notifies the department that it will coordinate local government participation in the regional water supply plan development process in accordance with its authority under Chapter 42 (§ 15.2-4200 et seq.) of Title 15.2 of the Code of Virginia. Such notice may be submitted by any planning district commission whose territory includes the entire regional planning area. If the regional planning area embraces the territory of more than one planning district commission, a joint notice may be submitted by or on behalf of all such planning district commissions.

4. Each local government shall make reasonable efforts to consult and coordinate with all community water systems and self-supplied users that utilize more than 300,000 gallons of water in any month, including agricultural, industrial, and power generation users within its jurisdiction during the preparation of regional water supply plans. Regional planning units shall develop a process for other stakeholder participation in the preparation of a regional water supply plan.

5. To the extent practicable, regional water supply plans shall be consistent with the goals of § 62.1-44.38:1 A of the Code of Virginia to (i) ensure that adequate and safe drinking water is available; (ii) encourage and protect all beneficial uses; (iii) encourage and promote alternate water sources, including desalinization; (iv) promote water conservation; and (v) encourage the development of cross-jurisdictional water supply projects.

C. Local governments shall be responsible for collecting and compiling the information from within their locality necessary to comply with these requirements. Any information required to be collected, compiled, or provided by a local government shall be derived from existing, readily available information. Additional studies shall not be required. Information is readily available to a local government if it is (i) in the possession of the local government; (ii) provided by the department; (iii) available from a website or electronic database known to and accessible by the local government in an appropriate format; or (iv) provided by a third party in response to a written request from the local government. The regional water supply plan shall document any known information gaps.

D. Regional water supply plans shall contain the following elements:

1. A description of existing water sources in accordance with the requirements of 9VAC25-780-70;

2. A description of existing water use in accordance with the requirements of 9VAC25-780-80;

3. A description of existing water resource conditions in accordance with the requirements of 9VAC25-780-90;

4. An assessment of projected water demand in accordance with the requirements of 9VAC25-780-100;

5. A description of water management actions in accordance with the requirements of 9VAC25-780-110 and 9VAC25-780-120;

6. An identification of water supply risks and regional strategies to address identified risks in accordance with the requirements of 9VAC25-780-125;

7. A statement of need for the regional planning unit in accordance with the requirements of 9VAC25-780-100;

8. An alternatives analysis to address projected deficits in water supplies in accordance with the requirements of 9VAC25-780-100; and

9. A map identifying important elements discussed in the water supply plan that may include existing environmental resources, existing water sources, significant existing water uses, and proposed new sources.

E. Except as provided in subsection F of this section, a draft regional water supply plan shall not be deemed final and eligible for submission to the department until:

1. The public participation process in 9VAC25-780-55 has been completed; and

2. Each of the governing bodies of the local governments in the regional planning area has adopted a resolution authorizing the submission of the plan by the regional planning unit on the local government's behalf and provided a copy of the resolution to the regional planning unit.

F. If a local government fails or refuses to timely adopt the resolution referenced in subsection E of this section, the regional planning unit may provide written notice to the department identifying such local government. The regional planning unit may submit the water supply plan without a local government's authorization 60 days after the notice is provided to the department.

G. Regional water supply plans shall reflect the consensus of the local governments and water authorities in the regional planning unit. The regional planning units shall attempt to resolve any disagreement to produce a consensus. Any disagreements among local governments or water authorities that cannot be resolved through the plan development process shall be documented in the plan.

H. The following documents and supporting materials shall be appended to and submitted with the regional water supply plan for reference.

1. A copy of supporting documents, including any revisions to comprehensive plans, water supply plans, water and sewer plans, and other local ordinances necessary to implement the regional water supply plan;

2. Copies of any drought response and contingency plans required by 9VAC25-780-120;

3. A resolution approving the regional water supply plan from each local government;

4. A copy of all written comments and a response to all written comments received as required by 9VAC25-780-55; and

5. A summary of the processes used to ensure cross-jurisdictional coordinated water resource planning between local governments and to ensure stakeholder consultation, including a list of local governments and stakeholders that participated during the regional water supply plan development, including the process developed in accordance with subdivision B 4 of this section. Copies of any public notices, written comments received, and responses to the comments shall be included. Other correspondence and documentation, such as invitations, meeting agendas, and outreach materials may be included and shall be provided upon request by the department.

I. No later than 180 days before the five-year anniversary of the most recent compliance determination by the board in accordance with 9VAC25-780-140 F, each regional planning unit shall initiate a process to review the regional water supply plan. If this review indicates that circumstances have changed or new information has been made available that impacts one or more local governments within a regional planning unit resulting in substantial changes in current or proposed sources, demands, or water demand deficits or water supply risks that were not considered in the regional water plan, the regional planning unit shall prepare a supplement to the regional water supply plan addressing such circumstances or changed information. The supplement shall be submitted to the department no later than 180 days after the five-year anniversary of the most recent compliance determination. Such circumstances may include changes in demands, availability of anticipated sources, cumulative impacts, in-stream beneficial uses, or other factors. In the case where the review by the regional planning unit indicates that the circumstances have not changed sufficiently to warrant a revision of the water supply plan after five years, the regional planning unit shall notify the department that the information in the existing plan is still the most current available on or before the five-year anniversary of the most recent compliance determination. The actions of each regional planning unit under this subsection shall reflect the consensus of its local governments. A supplement to a regional water supply plan need not be publicly noticed or approved by resolution of the local governments.

J. Notwithstanding subsection I of this section, all regional water supply plans shall be reviewed, revised, and resubmitted to the department every 10 years after the date of last approval in accordance with procedures and requirements set forth in this chapter. Except in regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, no later than 180 days before the 10-year anniversary of the most recent compliance determination by the board, the department shall schedule and convene a kickoff meeting to initiate the planning process for the development of the regional water supply plan. In regional planning areas for which notice has been provided by a planning district commission in accordance with subdivision B 3 of this section, the identified planning district commission shall convene a kickoff meeting no later than 180 days before the 10-year anniversary of the most recent compliance determination and shall invite the department to participate.