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Home » US Law » 2019 US Virgin Islands Code » Title 12 - Conservation » Chapter 5 - Water Resources Conservation

§ 151. Declaration of policy

It is hereby declared to be the public policy of the Government of the United States Virgin Islands, in recognition of its sovereign duty to conserve and control its water resources for the benefit of the inhabitants of the United States Virgin Islands, that comprehensive planning and regulation be undertaken for the protection, conservation and […]

§ 152. Definitions

(a) “Department” means the Department of Planning and Natural Resources. (b) “Commissioner” means the Commissioner of Planning and Natural Resources or his authorized representative. (c) “Person” means any individual, firm, partnership, association, corporation, the Government of the United States, the Government of the United States Virgin Islands, or any department, agency, or authority of such […]

§ 153. Appropriation permits

No person shall have the power to take or withdraw water without first obtaining a permit from the Commissioner conferring an appropriation right; provided, that this section shall not apply to any person taking or withdrawing less than 500 gallons per day for beneficial use; and provided, further, that existing users of water may continue […]

§ 154. Terms and conditions of appropriation permits

(a) The Commissioner is hereby empowered and directed to issue regulations governing the form and consent of applications for appropriation permits. (b) The fee for an appropriation permit shall be ten dollars, and the permit shall be valid for a period of ten years or for such other period, not less than two nor more […]

§ 155. Principles governing issuance of permits

(a) Applications for permits embodying vested rights shall be granted in preference to all other applications, except insofar as the Government may choose to condemn such rights under its powers of eminent domain and pay just compensation therefor; provided, that such applications and the permits issued pursuant to such applications may be denied, revoked, or […]

§ 156. Lapse, modification, or revocation of permits

(a) The rights conferred by an appropriation permit shall lapse, and the permit shall become null and void, in the event of nonuse of the appropriation for a period of two consecutive years; provided, that the Commissioner shall have discretion not to apply this subsection to appropriations expressly intended for emergency or standby purposes, rather […]

§ 157. Well driller’s license

(a) No person shall engage in the business of well drilling in the United States Virgin Islands without first obtaining a license from the Commissioner as hereinafter provided. Such licenses are required not only of those who make a regular business of well drilling, but of all who may put down wells for others as […]

§ 158. Well drilling

Except as provided in section 153 of this title, no well shall be drilled in the United States Virgin Islands unless the owner or lessee of the land on which the well is to be drilled shall have obtained an appropriation permit authorizing withdrawal of water by means of such well.

§ 159. Provision of information; right of inspection

(a) All persons taking or withdrawing water in any amount, including persons exempted from the permit requirements of this chapter by virtue of the fact that they are taking or withdrawing less than 500 gallons of water per day, shall be obligated at all times to provide the Commissioner with such information as may be […]

§ 160. Meters to be installed; access to wells

(a) Any person operating a well pursuant to an appropriation permit shall install a meter of a type and in the manner specified by regulations of the Commissioner for the purpose of recording the amount of water drawn from the well. When appropriate, meters may also be required in connection with the withdrawal of water […]

§ 161. Sealing of wells

For the purpose of preventing the contamination of fresh-water aquifers, the owner of a well, upon abandoning or encountering highly mineralized water in any existing or new well test hole, shall immediately notify the Commissioner and shall effectively seal such well or test hole under the supervision of and to the satisfaction of the Commissioner.

§ 162. Wasteful use prohibited

No owner of a well, whether a pumping well or a flowing well, shall discharge from the well or permit the discharge from the well of water that is allowed to run to waste and not put to useful service, except in connection with pumping tests.

§ 164. Penalties

(a) Any person who willfully violates any of the provisions of this chapter or of the rules and regulations promulgated pursuant thereto shall be fined not more than $500 or imprisoned for not more than 6 months, or both. (b) The Commissioner shall, regardless of the criminal provisions of this section, have the power, upon […]

§ 165. Injunctions

In case of noncompliance with the provisions of this chapter or with the terms and conditions of any rule, regulation, license, or permit issued thereunder, the Commissioner, in addition to or in lieu of proceeding under section 164(b) of this title, may notify the Attorney General of such noncompliance. The Attorney General, upon receipt of […]

§ 166. Review

Any person aggrieved by any decision of the Commissioner made pursuant to this chapter may appeal such decision to the Board of Land Use Appeals within 10 days of the decision.