How does groundwater law regulate inter-basin transfers?

Groundwater law in Virginia regulates inter-basin transfers by setting out certain requirements that must be met before a transfer of water can take place. The Virginia Water Protection and Management Act requires that any inter-basin transfer of water must be approved by the State Water Control Board. The Board will assess the potential impacts of the transfer on the existing water resource and existing uses in the receiving basin. The Board also will consider how the transfer will impact the environment, public health and safety, economic development and public welfare. The Board will also assess the economic feasibility of the transfer, including the cost of replacement water and other costs associated with the transfer. The Board will also consider the potential impact of the transfer on any existing water rights holders in the receiving basin. The Board will consider any existing water rights and the potential for the transfer to increase demand for water in the receiving basin. Finally, the Board may require the applicant to provide proof of adequate financial assurance, such as a bond or other type of financial instrument, to cover any potential costs or damages associated with the transfer. In short, groundwater law in Virginia seeks to protect existing water resources and existing uses in basins that are affected by inter-basin transfers by requiring applicants to meet certain criteria before a transfer of water is allowed.

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