Virginia Law

A. It shall be unlawful on or after November 9, 2022, for any person to construct a well for nonagricultural irrigation withdrawal purposes greater than 300,000 gallons in any one month in a groundwater management area except in the surficial aquifer, unless the Department of Environmental Quality has determined the quantity or quality of the groundwater in the surficial aquifer, as provided in subsection B of this section, is not adequate to supply the proposed beneficial use.

B. Any person may construct a well for nonagricultural irrigation purposes in a groundwater management area outside of the surficial aquifer if any of the following criteria for the proposed location for surficial water withdrawal are documented to the satisfaction of the department:

1. That a ratio of greater than one surficial well per acre would be required to support the proposed beneficial use water withdrawal volume based on the yield test results from at a minimum of two surficial aquifer test wells, separated by a minimum of 500 feet, unless the Department of Environmental Quality has determined that the separation distance between test wells can be less than 500 feet;

2. That any two surficial aquifer water quality sample tests, analysis, measurements, or monitoring results at the proposed or existing water withdrawal site conducted by a laboratory certified by the Environmental Laboratory Certification Program (§ 2.2-1105 of the Code of Virginia), Certification for Noncommercial Environmental Laboratories (1VAC30-45), or Accreditation for Commercial Environmental Laboratories (1VAC30-46) and collected at least 30 days but no more than 60 days apart, exceeds any of the water quality values as follows:

a. Bicarbonate levels greater than 120 mg/l;

b. Chloride (Cl) levels greater than 70 mg/l;

c. Sodium (Na) levels greater than 70 mg/l;

d. Manganese (Mn) levels greater than 0.2 mg/l;

e. Iron (Fe) levels greater than 5 mg/l; or

f. Electric conductivity greater than 1.5 ds/m.

C. Any person who satisfies the criteria in subsection B of this section may construct a well for nonagricultural irrigation purposes outside of the surficial aquifer but shall be required to apply for an individual permit in accordance with 9VAC25-610-95 B prior for the purposes of withdrawing 300,000 gallons or more of groundwater in any month rather than obtaining coverage under this general permit.