Code of Virginia

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Code of Virginia
Title 45.2. Mines, Minerals, and Energy
Chapter 16. Virginia Gas and Oil Act
10/16/2021

Article 5. Replacement of Water by Gas Well Operators.

§ 45.2-1648. (Effective October 1, 2021) Operator's right to sample water.

An operator may enter upon surface land at reasonable times and in a reasonable manner to obtain samples of water from any water well that is (i) located within 1,320 feet of a proposed or existing gas well and (ii) actually being utilized by the surface owner or occupant for domestic use. If the surface owner or occupant refuses to allow the operator to sample or causes the operator to be prevented from sampling any such water well, the operator shall promptly notify the Department of such refusal or prevention. The Department shall maintain a record of such notifications. In the event of such a refusal or prevention, the surface owner shall not be entitled to the remedies set forth in § 45.2-1649.

1998, c. 227, § 45.1-361.43; 2009, c. 293; 2017, c. 17; 2021, Sp. Sess. I, c. 387.

§ 45.2-1649. (Effective October 1, 2021) Replacement of water supply.

If any water supply of a surface owner who obtains all or part of his supply of water for domestic use from a water well has been materially affected by contamination or partial or complete interruption proximately resulting from a gas well operation within 1,320 feet of the water well, the operator of such gas well shall promptly provide a replacement water supply that shall be capable of meeting the uses such water supply met prior to the contamination or partial or complete interruption.

1998, c. 227, § 45.1-361.44; 2009, c. 293; 2017, c. 17; 2021, Sp. Sess. I, c. 387.