2019 US Virgin Islands Code
Title 12 - Conservation
Chapter 5 - Water Resources Conservation
§ 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 modified when it is found, in accordance with section 156(c) of this title, that the exercise of rights under the permit would imperil the health or welfare of the people of the United States Virgin Islands by endangering, impairing, or destroying available sources of water.

(b) All other applications for beneficial use of water shall be granted unless it is found by the Commissioner that there are not adequate supplies of water available at the source or sources designated in the application to assure continued availability of water from the designated source or sources to the applicant and prior appropriators; provided, that the Commissioner may limit the amount of appropriation authorized by the permit to such amount as he has reason to believe is available and will actually be put to the described beneficial use or uses within three years from the time of issuance of the permit.

(c) All applications for the taking or withdrawal of water from the same source or sources filed within thirty days of one another shall be considered contemporaneous applications. In the event the quantity of water sought to be appropriated by contemporaneous applications exceeds the quantity available for appropriation, the Commissioner is empowered, subject to the provisions of subsection (d) of this section, to grant one or more applications in whole or in part and to deny any or all of the applications in whole or in part; provided, that he shall not refuse to appropriate waters found to be available for appropriation.

(d) The Commissioner shall promulgate rules and regulations generally describing the principles to be applied in carrying out the provisions of this chapter, including the resolution of conflicting contemporaneous applications for appropriation permits and the revocation or modification of appropriation permits pursuant to section 156(c) of this title; provided, that preference shall be given to domestic uses as against other beneficial uses and may be given to renewal applications over new applications.