Bill Text: VA SB910 | 2017 | Regular Session | Chaptered
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-Chaptered.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.