An operator may enter upon surface land at reasonable times and in a reasonable manner to obtain samples of water from any water well that is (i) located within 1,320 feet of a proposed or existing gas well and (ii) actually being utilized by the surface owner or occupant for domestic use. If the surface owner or occupant refuses to allow the operator to sample or causes the operator to be prevented from sampling any such water well, the operator shall promptly notify the Department of such refusal or prevention. The Department shall maintain a record of such notifications. In the event of such a refusal or prevention, the surface owner shall not be entitled to the remedies set forth in § 45.2-1649.
1998, c. 227, § 45.1-361.43; 2009, c. 293; 2017, c. 17; 2021, Sp. Sess. I, c. 387.
Structure Code of Virginia
Title 45.2 - Mines, Minerals, and Energy
Chapter 16 - Virginia Gas and Oil Act
§ 45.2-1601. Regulation of coal surface mining not affected by chapter
§ 45.2-1602. Construction; purposes
§ 45.2-1603. Virginia Gas and Oil Board; membership; compensation
§ 45.2-1604. Duties and responsibilities of the Director; Virginia Gas and Oil Inspector
§ 45.2-1605. Exclusivity of regulation and enforcement
§ 45.2-1607. Expenditure of funds
§ 45.2-1608. Violations; penalties
§ 45.2-1609. Appeals; venue; standing
§ 45.2-1610. Copy of lease to lessor
§ 45.2-1611. Objections by coal owner
§ 45.2-1612. Distance limitations of certain wells
§ 45.2-1613. Meetings of the Board; notice; general powers and duties
§ 45.2-1614. Additional duties and responsibilities of the Board
§ 45.2-1615. Applicability and construction
§ 45.2-1616. Statewide spacing of wells
§ 45.2-1617. Voluntary pooling of interests in drilling units; validity of unit agreements
§ 45.2-1618. Notice of hearing; standing; form of hearing
§ 45.2-1619. Field rules and drilling units for wells; hearings and orders
§ 45.2-1620. Pooling of interests in drilling units
§ 45.2-1621. Coalbed methane gas; ownership
§ 45.2-1622. Pooling of interests for coalbed methane gas wells; conflicting claims to ownership
§ 45.2-1623. Conflicting claims of ownership; arbitration
§ 45.2-1625. Appeals of the Director's decisions; notices; hearings and orders
§ 45.2-1627. Standing when Director or Board fails to act
§ 45.2-1628. Recording of orders
§ 45.2-1629. Duties, responsibilities, and authority of the Director
§ 45.2-1630. Powers, duties, and responsibilities of the Inspector
§ 45.2-1632. Notice of permit applications and permit modification applications required; content
§ 45.2-1633. Bonding and financial security required
§ 45.2-1634. Gas and Oil Plugging and Restoration Fund
§ 45.2-1635. Expiration of permits
§ 45.2-1636. Abandonment or cessation of well or corehole operation; plugging required
§ 45.2-1637. Objections to permits; hearing
§ 45.2-1638. Appeals of Director's decisions to the Board
§ 45.2-1639. Persons required to register; designated agents
§ 45.2-1640. Report of permitted activities and production required; contents
§ 45.2-1641. Developing a gas or oil well as a water well
§ 45.2-1642. Orphaned Well Fund; orphaned wells
§ 45.2-1643. Interference by injection wells with groundwater supply
§ 45.2-1644. Safety in coalbed methane gas, oil, and geophysical operations
§ 45.2-1645. Chesapeake Bay; drilling for gas or oil prohibited
§ 45.2-1646. Tidewater Virginia; drilling for gas or oil prohibited in certain areas
§ 45.2-1647. Hydraulic fracturing; groundwater management area