15.2-2142 - Certain localities may construct dams across navigable streams; permission from Chief of Engineers, Secretary of Army and State Attorney General; approval of governing body. - Virginia Statutes

§ 15.2-2142. Certain localities may construct dams across navigable streams;permission from Chief of Engineers, Secretary of Army and State AttorneyGeneral; approval of governing body.

Any locality authorized by its charter or by general law to construct a damin connection with its public water supply system and which has securedpermission from the Chief of Engineers and the Secretary of the Army and theauthorization of the Attorney General of Virginia with the consent andapproval of the Governor, may construct such dam in and across the bed of anynavigable river, stream or tributary in this Commonwealth; however, such damshall not be constructed nor any land acquired therefor when the dam would belocated in another locality without the approval of such locality's governingbody. No such approval shall be required when the dam is in the process ofconstruction, the site has been purchased, or plans for its construction werefiled with any appropriate agency of the federal, state, or local governmenton or before July 1, 1976.

In any case in which the approval by such locality's governing body iswithheld, the party seeking such approval may petition the Chief Justice ofthe Supreme Court of Virginia for the convening of a special court, pursuantto §§ 15.2-2135 through 15.2-2141.

(Code 1950, § 15-20.7; 1962, c. 402, § 15.1-37.1; 1975, c. 573; 1976, c. 69;1997, c. 587.)