Virginia Code

Va. Code Ann. § 62.1-10 (2026)

Definitions

✓ current as of May 2026

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As used in this chapter, the following terms shall have the meanings respectively ascribed to them:

(a) "Water" includes all waters, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction and which affect the public welfare.

(b) "Beneficial use" means both instream and offstream uses. Instream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values. Offstream beneficial uses include, but are not limited to, domestic (including public water supply), agricultural, electric power generation, commercial and industrial uses. Public water supply uses for human consumption shall be considered the highest priority.

Code 1950, § 62-9.1; 1954, c. 330; 1958, c. 413; 1968, c. 659; 1989, c. 410.

Notes of Decisions

Cited in 6 cases, 2001–2012 · leading case: All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005).

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All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005). · cites it 4× “" Under Code § 62.1-10(b), "[i]nstream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values.”

Mattaponi Indian Tribe v. Commonwealth, 601 S.E.2d 667 (Va. Ct. App. 2004). · cites it 4× “” Code § 62.1-44.15:5(F). In this balancing, “[d]omestic and other existing beneficial uses shall be considered the highest priority uses.”

Sinclair v. New Cingular Wireless Pcs, LLC, 727 S.E.2d 40 (Va. 2012). · cites it 2× “1-170(A)(2) (regulations of board of health governing waterworks, water supplies, and pure water "shall be designed to protect the public health and promote the public welfare" including minimum health and " aesthetic standards " for pure water)(emphasis added); Code §…”

All. to Save the Mattaponi v. Commonwealth (Va. 2005). · cites it 4× “” Under Code § 62.1-10(b), “[i]nstream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values.”

All. to Save the Mattaponi v. CW, Dept. of Env't Quality (Va. Ct. App. 2004). · cites it 3× “” Code § 62.1-10(b).10 The statute also requires the SWCB, before issuing a permit, to consult with other state agencies to determine “the need for balancing instream uses with offstream uses.”

Suzanne H. Scheerv CW, State Water Cont.Bd (Va. Ct. App. 2001). · cites it 2× “1 "'Beneficial use'" is defined by Code § 62.1-10 to "mean[] both instream and offstream uses.”

— Va. Code Ann. § 62.1-10(b) — 5 cases

All. v. Com., Dept. of Environ. Quality, 621 S.E.2d 78 (Va. 2005). “" Under Code § 62.1-10(b), "[i]nstream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values.”

Mattaponi Indian Tribe v. Commonwealth, 601 S.E.2d 667 (Va. Ct. App. 2004). “” Code § 62.1-44.15:5(F). In this balancing, “[d]omestic and other existing beneficial uses shall be considered the highest priority uses.”

Sinclair v. New Cingular Wireless Pcs, LLC, 727 S.E.2d 40 (Va. 2012). “1-170(A)(2) (regulations of board of health governing waterworks, water supplies, and pure water "shall be designed to protect the public health and promote the public welfare" including minimum health and " aesthetic standards " for pure water)(emphasis added); Code §…”

All. to Save the Mattaponi v. Commonwealth (Va. 2005). “” Under Code § 62.1-10(b), “[i]nstream beneficial uses include, but are not limited to, the protection of fish and wildlife habitat, maintenance of waste assimilation, recreation, navigation, and cultural and aesthetic values.”

All. to Save the Mattaponi v. CW, Dept. of Env't Quality (Va. Ct. App. 2004). “” Code § 62.1-10(b).10 The statute also requires the SWCB, before issuing a permit, to consult with other state agencies to determine “the need for balancing instream uses with offstream uses.”

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