If, on the report and other evidence, it appears to the court that by granting such leave other riparian owners will be injured, or there are other justifiable reasons for denying the petition, the leave shall not be granted; provided that in no case shall leave be granted if the certified statement from the State Water Control Board filed under § 62.1-109 shows that, in the opinion of such Board, the reduction of pollution will be impaired or made more difficult. If it be granted, the court shall place the applicant under such terms and conditions as shall seem to it right. An appeal shall lie to the Court of Appeals.
Code 1950, § 62-94.8; 1956, c. 632; 1968, c. 659; 1977, c. 26; 1996, c. 573.
Structure Code of Virginia
Title 62.1 - Waters of the State, Ports and Harbors
Chapter 8 - Impoundment of Surface Waters
§ 62.1-105. Impoundment of diffused surface waters
§ 62.1-106. When floodwaters may be captured and stored by riparian owners
§ 62.1-108. Time and place of hearing on petition; parties
§ 62.1-109. Board to examine petition and report to court
§ 62.1-110. Court to hear and determine issues; reference to commissioner
§ 62.1-111. When leave not granted; terms and conditions; appeals
§ 62.1-112. When leave shall expire
§ 62.1-113. Use of bed of watercourse