1. A. Variances may be applied for, and alternative measures may be used to:

   1. 1. Prevent undue hardship; and
   2. 2. Ensure equitable distribution of water resources.

2. B. Alternative measures may include, but are not limited to, the following:

   1. 1. Alternative or secondary water source;
   2. 2. Water storage during times of minimum use and high stream flow;
   3. 3. Ponds, pits, ditches and basins when the sole source of water is storm water run-off; and
   4. 4. Vary water withdrawal based on time of day, the season or the stream flow.
3. C. The department must approve all variances and use of alternative measures.

Statutory Authority

§ 62.1-249 of the Code of Virginia.

Historical Notes

Derived from VR680-15-03 § 2.8, eff. June 3, 1992; amended, Virginia Register Volume 39, Issue 5, eff. November 23, 2022.