Bill Text: VA SB910 | 2017 | Regular Session | Prefiled
Bill Title: Virginia Oil and Gas Act; sampling and replacing contaminated wells.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-02-17 - Governor: Acts of Assembly Chapter text (CHAP0017) [SB910 Detail]
Download: Virginia-2017-SB910-Prefiled.html
Be it enacted by the General Assembly of Virginia:
1. That §§45.1-361.43 and 45.1-361.44 of the Code of Virginia are amended and reenacted as follows:
§45.1-361.43. Operator's right to sample water and quality.
An operator shall have the right to enter upon surface land at
reasonable times and in a reasonable manner to obtain samples of water from
water wells that are (i) located within 750 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 §45.1-361.44.
§45.1-361.44. Replacement of water supply.
If any water supply of a surface owner who obtains all or part
of his supply of water for domestic use from a water well has been materially
affected by contamination or partial or complete interruption proximately
resulting from a gas well operation within 750 1,320 feet of the water well, the operator of such gas well
shall promptly provide a replacement water supply which shall be capable of
meeting the uses such water supply met prior to the contamination or partial or
complete interruption.
