45.1-361.43 - Operator's right to sample water and quality. - Virginia Statutes

§ 45.1-361.43. Operator's right to sample water and quality.

An operator shall have the right to enter upon surface land at reasonabletimes and in a reasonable manner to obtain samples of water from water wellsthat are (i) located within 750 feet of a proposed or existing gas well and(ii) actually being utilized by the surface owner or occupant for domesticuse. If the surface owner or occupant refuses to allow or causes the operatorto be prevented from sampling any such water well, the operator shallpromptly notify the Department of such refusal or prevention. The Departmentshall maintain a record of such notifications. In the event of such a refusalor prevention, the surface owner shall not be entitled to the remedies setforth in § 45.1-361.44.

(1998, c. 227; 2009, c. 293.)