Current through Register Vol. 41, No. 3, September 23, 2024
A. Each locality in a regional planning area
shall assist its regional planning unit in developing and submitting a single
jointly produced regional water supply plan to the department within five years
from October 9, 2024. To meet this requirement, local governments must complete
the following for use by the regional planning unit:
1. Prepare water source information from its
jurisdiction that complies with
9VAC25-780-70.
2. Prepare existing water use information
from its jurisdiction that complies with
9VAC25-780-80. This information
must include a review of water reporting data provided by the department and
supplemented to the extent practicable, with any locally known omissions of
water users and service area maps for public water utilities.
3. Prepare existing water resource
information from its jurisdiction that complies with
9VAC25-780-90.
4. Prepare a 30-year demand projection of
water demand and any alternatives for deficits in meeting this demand from
existing sources of supply for its jurisdiction that complies with
9VAC25-780-100.
5. Prepare water demand management
information from its jurisdiction that complies with
9VAC25-780-110.
6. Prepare a minimum three-stage drought
response and contingency plan for its jurisdiction consistent with local
sources of supply and water use patterns that complies with
9VAC25-780-120.
B. In developing a regional water supply
plan, regional planning units shall use the following process:
1. Each local government and water authority
shall designate a representative and one or more alternates to represent its
interests in the regional planning unit by submitting the names and contact
information of such individuals to the department by December 8, 2024. Local
governments and alternates may jointly represent the local government and any
water authority created by the local government. The department will collect
and distribute the contact information for the designated representatives and
alternates, and a list of the available data for all registered community water
systems and self-supplied users that utilize more than 300,000 gallons of water
in any month, to the members of each respective planning unit. The department
shall maintain a current list of designated representatives and alternates and
shall make the list publicly available to facilitate coordinated water supply
planning.
2. The department will
schedule and convene a kickoff meeting for each regional planning unit to
provide guidance on the regional water plan development process, requirements,
and timelines. The department will provide notice of the kickoff meeting, at a
minimum, to (i) each designated representative for the regional planning unit;
(ii) any other community water systems and self-supplied users that utilize
more than 300,000 gallons of water in any month, including agricultural,
industrial, and power generation users within the respective regional planning
area; and (iii) any planning district commission whose territory includes all
or part of the regional planning area. A kickoff meeting will be convened by
April 7, 2025. On the department's initiative or at the request of any
designated representative, the department will schedule a kickoff meeting in
preparation for revising a regional water supply plan in accordance with
subsections I and J of this section.
3. Subdivisions B 1 and B 2 of this section
shall not apply to any regional planning unit in which a planning district
commission notifies the department that it will coordinate local government
participation in the regional water supply plan development process in
accordance with its authority under Chapter 42 (§
15.2-4200 et seq.) of Title 15.2
of the Code of Virginia. Such notice may be submitted by any planning district
commission whose territory includes the entire regional planning area. If the
regional planning area embraces the territory of more than one planning
district commission, a joint notice may be submitted by or on behalf of all
such planning district commissions.
4. Each local government shall make
reasonable efforts to consult and coordinate with all community water systems
and self-supplied users that utilize more than 300,000 gallons of water in any
month, including agricultural, industrial, and power generation users within
its jurisdiction during the preparation of regional water supply plans.
Regional planning units shall develop a process for other stakeholder
participation in the preparation of a regional water supply plan.
5. To the extent practicable, regional water
supply plans shall be consistent with the goals of §
62.1-44.38:1A
of the Code of Virginia to (i) ensure that adequate and safe drinking water is
available; (ii) encourage and protect all beneficial uses; (iii) encourage and
promote alternate water sources, including desalinization; (iv) promote water
conservation; and (v) encourage the development of cross-jurisdictional water
supply projects.
C. Local
governments shall be responsible for collecting and compiling the information
from within their locality necessary to comply with these requirements. Any
information required to be collected, compiled, or provided by a local
government shall be derived from existing, readily available information.
Additional studies shall not be required. Information is readily available to a
local government if it is (i) in the possession of the local government; (ii)
provided by the department; (iii) available from a website or electronic
database known to and accessible by the local government in an appropriate
format; or (iv) provided by a third party in response to a written request from
the local government. The regional water supply plan shall document any known
information gaps.
D. Regional water
supply plans shall contain the following elements:
1. A description of existing water sources in
accordance with the requirements of
9VAC25-780-70;
2. A description of existing water use in
accordance with the requirements of
9VAC25-780-80;
3. A description of existing water resource
conditions in accordance with the requirements of
9VAC25-780-90;
4. An assessment of projected water demand in
accordance with the requirements of
9VAC25-780-100;
5. A description of water management actions
in accordance with the requirements of
9VAC25-780-110 and
9VAC25-780-120;
6. An identification of water supply risks
and regional strategies to address identified risks in accordance with the
requirements of 9VAC25-780-125;
7.
A statement of need for the regional planning unit in accordance with the
requirements of
9VAC25-780-100;
8. An alternatives analysis to address
projected deficits in water supplies in accordance with the requirements of
9VAC25-780-100; and
9. A map identifying important elements
discussed in the water supply plan that may include existing environmental
resources, existing water sources, significant existing water uses, and
proposed new sources.
E.
Except as provided in subsection F of this section, a draft
regional water supply plan shall not be deemed final and eligible for
submission to the department until:
1. The
public participation process in 9VAC25-780-55 has been completed; and
2. Each of the governing bodies of the local
governments in the regional planning area has adopted a resolution authorizing
the submission of the plan by the regional planning unit on the local
government's behalf and provided a copy of the resolution to the regional
planning unit.
F. If a
local government fails or refuses to timely adopt the resolution referenced in
subsection E of this section, the regional planning unit may provide written
notice to the department identifying such local government. The regional
planning unit may submit the water supply plan without a local government's
authorization 60 days after the notice is provided to the department.
G. Regional water supply plans shall reflect
the consensus of the local governments and water authorities in the regional
planning unit. The regional planning units shall attempt to resolve any
disagreement to produce a consensus. Any disagreements among local governments
or water authorities that cannot be resolved through the plan development
process shall be documented in the plan.
H. The following documents and supporting
materials shall be appended to and submitted with the regional water supply
plan for reference.
1. A copy of supporting
documents including any revisions to comprehensive plans, water supply plans,
water and sewer plans, and other local ordinances necessary to implement the
regional water supply plan;
2.
Copies of any drought response and contingency plans required by
9VAC25-780-120;
3. A resolution approving the regional water
supply plan from each local government;
4. A copy of all written comments and a
response to all written comments received as required by 9VAC25-780-55;
and
5. A summary of the processes
used to ensure cross-jurisdictional coordinated water resource planning between
local governments and to ensure stakeholder consultation, including a list of
local governments and stakeholders that participated during the regional water
supply plan development, including the process developed in accordance with
subdivision B 4 of this section. Copies of any public notices, written comments
received, and responses to the comments shall be included. Other correspondence
and documentation, such as invitations, meeting agendas, and outreach materials
may be included and shall be provided upon request by the
department.
I. No later
than 180 days before the five-year anniversary of the most recent compliance
determination by the board in accordance with
9VAC25-780-140 F, each regional
planning unit shall initiate a process to review the regional water supply
plan. If this review indicates that circumstances have changed or new
information has been made available that impacts one or more local governments
within a regional planning unit resulting in substantial changes in current or
proposed sources, demands, or water demand deficits or water supply risks that
were not considered in the regional water plan, the regional planning unit
shall prepare a supplement to the regional water supply plan addressing such
circumstances or changed information. The supplement shall be submitted to the
department no later than 180 days after the five-year anniversary of the most
recent compliance determination. Such circumstances may include changes in
demands, availability of anticipated sources, cumulative impacts, in-stream
beneficial uses, or other factors. In the case where the review by the regional
planning unit indicates that the circumstances have not changed sufficiently to
warrant a revision of the water supply plan after five years, the regional
planning unit shall notify the department that the information in the existing
plan is still the most current available on or before the five-year anniversary
of the most recent compliance determination. The actions of each regional
planning unit under this subsection shall reflect the consensus of its local
governments. A supplement to a regional water supply plan need not be publicly
noticed or approved by resolution of the local governments.
J. Notwithstanding subsection I of this
section, all regional water supply plans shall be reviewed, revised, and
resubmitted to the department every 10 years after the date of last approval in
accordance with procedures and requirements set forth in this chapter. Except
in regional planning areas for which notice has been provided by a planning
district commission in accordance with subdivision B 3 of this section, no
later than 180 days before the 10-year anniversary of the most recent
compliance determination by the board, the department shall schedule and
convene a kickoff meeting to initiate the planning process for the development
of the regional water supply plan. In regional planning areas for which notice
has been provided by a planning district commission in accordance with
subdivision B 3 of this section, the identified planning district commission
shall convene a kickoff meeting no later than 180 days before the 10-year
anniversary of the most recent compliance determination and shall invite the
department to participate.
Statutory Authority: §§
62.1-44.15 and
62.1-44.38:1 of the Code of
Virginia.
