Terms Used In Virginia Code > Title 10.1 > Subtitle I > Chapter 5 > Article 3 - Soil and Water Conservation Districts.

• Accredited career and technical education postsecondary school: means (i) a privately owned and managed, academic-vocational school, noncollege degree school, postsecondary school, or a vocational school, as defined in § Virginia Code 30-231.01
• Adult: means a person 18 years of age or more. See Virginia Code 1-203
• Advisory Council: means the Electric Vehicle Rebate Program Advisory Council. See Virginia Code 45.2-1726
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved education program: means an educational agency or transition program or services accepted for participation in the Program by the Brown v. See Virginia Code 30-231.01
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Associated facility: means any facility utilized for gas or oil operations in the Commonwealth, other than a well or a well site. See Virginia Code 45.2-1600
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• authority: means a public body and a body corporate and politic organized in accordance with the provisions of Chapter 6 (§ Virginia Code 37.2-100
• Authority: means the Virginia Offshore Wind Development Authority established pursuant to Article 2 (§ Virginia Code 45.2-1800
• Authority: means the Virginia Nuclear Energy Consortium Authority established pursuant to this chapter. See Virginia Code 45.2-2100
• Authority: means the Southwest Virginia Energy Research and Development Authority established pursuant to this article. See Virginia Code 45.2-1717
• Authority: means the Virginia Solar Energy Development and Energy Storage Authority established pursuant to this article. See Virginia Code 45.2-1901
• Autocycle: means a three-wheeled motor vehicle that has a steering wheel and seating that does not require the operator to straddle or sit astride and is manufactured to comply with federal safety requirements for motorcycles. See Virginia Code 46.2-100
• Base price: means the manufacturer's base price for the lowest price trim level of the model and shall not include charges for optional equipment, taxes, title, or registration fees. See Virginia Code 45.2-1726
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basin: means the Roanoke River Basin. See Virginia Code 62.1-69.36
• Beneficial use: means both instream and offstream uses. See Virginia Code 62.1-10
• Bequest: Property gifted by will.
• Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Board: means the Virginia Soil and Water Conservation Board. See Virginia Code 10.1-500
• Board: means the Virginia Gas and Oil Board. See Virginia Code 45.2-1600
• Board: means the State Water Control Board. See Virginia Code 45.2-2000
• Board: means the board of directors of the Authority. See Virginia Code 45.2-2100
• Board: means the Clean Energy Advisory Board created pursuant to § Virginia Code 45.2-1912
• Bond with surety: includes the payment in cash of the full amount of the required bond and, in such case, no surety shall be required. See Virginia Code 1-205
• Chief: means the Chief of the Division of Mines of the Department of Energy. See Virginia Code 45.2-100
• City: includes all cities chartered under the Commonwealth. See Virginia Code 10.1-500
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• Coal claimant: means a person identified as possessing an interest in production royalties when a drilling unit is force-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the coal estate contained within the drilling unit subject to the pooling order or agreement. See Virginia Code 45.2-1600
• Coal mine methane: means methane gas captured and produced from an underground gob area associated with a mined-out coal seam that would otherwise escape into the atmosphere. See Virginia Code 45.2-1717
• Coal operator: means any person who operates or has the right to operate a coal mine. See Virginia Code 45.2-1600
• Coal owner: means any person who owns, leases, mines and produces, or has the right to mine and produce a coal seam. See Virginia Code 45.2-1600
• Coal seam: includes a stratum of less than 20 inches in thickness if it (i) is being commercially worked or (ii) in the judgment of the Department could foreseeably be commercially worked and will require protection if a well is drilled through it. See Virginia Code 45.2-1600
• Coalbed methane gas: means occluded natural gas produced from coalbeds and rock strata associated with it. See Virginia Code 45.2-1600
• Coalbed methane gas well: means a well capable of producing coalbed methane gas. See Virginia Code 45.2-1600
• Coalbed methane gas well operator: means any person who operates or has been designated to operate a coalbed methane gas well. See Virginia Code 45.2-1600
• coastal energy: includes wave or tidal action, currents, offshore winds, thermal differences, and methane hydrates. See Virginia Code 45.2-1715
• Commission: means the Public-Private Partnership Advisory Commission. See Virginia Code 30-278
• Committee: means the Brown v. See Virginia Code 30-231.01
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Community services board: means the public body established pursuant to § Virginia Code 37.2-100
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive agreement: means the same as the term is defined in the Public-Private Education Facilities and Infrastructure Act of 2002 (§ Virginia Code 30-278
• Consortium: means the Virginia Coastal Energy Research Consortium established pursuant to Article 5 (§ Virginia Code 45.2-1700
• Consortium: means the Virginia Nuclear Energy Consortium established by the Authority pursuant to § Virginia Code 45.2-2100
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contracting entity: means any public body as defined in § Virginia Code 45.2-1702
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes towns. See Virginia Code 10.1-500
• Courts of record: means the Supreme Court of Virginia, the Court of Appeals of Virginia, and the circuit courts. See Virginia Code 1-212
• dam: as used in this chapter is intended to include the appurtenant pondage area or any part thereof. See Virginia Code 62.1-84
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a motor vehicle dealer licensed pursuant to Chapter 15 of Title 46. See Virginia Code 45.2-1726
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
• Department: means the Department of Behavioral Health and Developmental Services. See Virginia Code 37.2-900
• Department: means the Department of Conservation and Recreation. See Virginia Code 10.1-100
• DEQ: means the Department of Environmental Quality. See Virginia Code 45.2-1600
• Developer: means any private developer of an energy development project. See Virginia Code 45.2-1717
• Developer: means any private developer of an offshore wind energy project. See Virginia Code 45.2-1803
• Developer: means any private developer of a solar energy project or an energy storage project. See Virginia Code 45.2-1901
• Developmental services: means planned, individualized, and person-centered services and supports provided to individuals with developmental disabilities for the purpose of enabling these individuals to increase their self-determination and independence, obtain employment, participate fully in all aspects of community life, advocate for themselves, and achieve their fullest potential to the greatest extent possible. See Virginia Code 37.2-100
• Devise: To gift property by will.
• Director: means the Director of the Department of Conservation and Recreation. See Virginia Code 10.1-100
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disorder: includes any physical or mental disorder or impairment, whether caused by injury, disease, genetics, or other cause. See Virginia Code 37.2-1100
• District director: means a member of the governing body of a district authorized to serve as a director. See Virginia Code 10.1-500
• Division: means the Division of Renewable Energy and Energy Efficiency of the Department of Energy. See Virginia Code 45.2-1700
• Division: means the Division of Offshore Wind in the Department as established pursuant to § Virginia Code 45.2-1800
• Division: means the Division of Geology and Mineral Resources. See Virginia Code 45.2-107
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Drilling unit: means the acreage on which one gas or oil well may be drilled. See Virginia Code 45.2-1600
• Dual enrollment: means the concurrent enrollment of a scholarship recipient in an adult education program for the high school diploma and a public or private accredited two-year or four-year Virginia institution of higher education. See Virginia Code 30-231.01
• Due notice: means notice published at least twice, with an interval of at least seven days between the two publication dates, in a newspaper or other publication of general circulation within the appropriate area, or if no such publication of general circulation is available, by posting at a reasonable number of conspicuous places within the appropriate area. See Virginia Code 10.1-500
• Educational agency: means any (i) public school in the Commonwealth, (ii) public or private accredited two-year or four-year Virginia institution of higher education that is in compliance with the Southern Association of Colleges and Schools accreditation standards for institutions and academic programs or other national or regional organization or agency recognized by the United States Secretary of Education for accrediting purposes, (iii) high school equivalency preparation program in compliance with Board of Education guidelines, (iv) College-Level Examination Program (CLEP) in compliance with the requirements of the College Board governing college level examination programs, or (v) accredited career and technical education postsecondary school in the Commonwealth, that accepts for admission recipients of the Brown v. See Virginia Code 30-231.01
• Electric motor vehicle: includes fuel cell electric vehicles. See Virginia Code 45.2-1726
• Energy conservation measures: means the use of methods and techniques, the application of knowledge, or the installation of devices, including an alteration or betterment of an existing facility, that reduces energy consumption or operating costs and includes:

  1. See Virginia Code 45.2-1702

• Energy cost savings: means a measured reduction in fuel, energy, or operation and maintenance costs created from the implementation of one or more energy conservation measures when compared with an established baseline for previous fuel, energy, or operation and maintenance costs. See Virginia Code 45.2-1702
• Energy development project: means any activity that generates, produces, or stores energy, any energy efficiency system, and any supporting ancillary activities located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities and research, development, commercialization, and deployment activities designated by the Authority to the nonprofit collaborative. See Virginia Code 45.2-1717
• Energy performance-based contract: means a contract for the evaluation, recommendation, and implementation of energy conservation measures that includes, at a minimum:

  1. See Virginia Code 45.2-1702

• Energy storage project: means an energy storage facility located within the Commonwealth and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1901
• Enhanced recovery: means (i) any activity involving injection of any air, gas, water, or other fluid into the productive strata; (ii) the application of pressure, heat, or other means for the reduction of viscosity of the hydrocarbons; or (iii) the supplying of additional motive force other than normal pumping to increase the production of gas or oil from any well or pool. See Virginia Code 45.2-1600
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Evidence of a proceeding or agreement: means written evidence that the coal claimant has (i) filed and has pending a judicial or arbitration proceeding against the gas claimant to determine the ownership of the coalbed methane gas and the right to the funds held in escrow or suspense or (ii) reached an agreement with the gas claimant to apportion the funds between them. See Virginia Code 45.2-1600
• Ex officio: Literally, by virtue of one's office.
• Ex officio: means service by virtue of one's office and includes voting privileges for ex officio members unless otherwise provided. See Virginia Code 1-215
• Exploration activity: means and is limited to the drilling of test holes or stratigraphic or core holes of a depth in excess of 50 feet for the purpose of determining the location, quantity, or quality of uranium ore. See Virginia Code 45.2-2108
• Exploratory well: means any well drilled to (i) find and produce gas or oil in an unproven area, (ii) find a new reservoir in a field previously found to be productive of gas or oil in another reservoir, or (iii) extend the limits of a known gas or oil reservoir. See Virginia Code 45.2-1600
• Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Fiduciary: A trustee, executor, or administrator.
• Field rules: means rules established by order of the Board that define a pool, drilling units, production allowables, or other requirements for gas or oil operations within an identifiable area. See Virginia Code 45.2-1600
• First point of sale: means , for oil, the point at which the oil is (i) sold, exchanged, or transferred for value from one person to another person or (ii) when used by the original owner of the oil, transported off the permitted site and delivered to another facility for use by the original owner. See Virginia Code 45.2-1600
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Fund: means the Electric Vehicle Rebate Program Fund. See Virginia Code 45.2-1726
• Fund: means the Low-to-Moderate Income Solar Loan and Rebate Fund created pursuant to § Virginia Code 45.2-1912
• Gas claimant: means a person who is identified as possessing an interest in production royalties when a drilling unit is forced-pooled or who asserts or possesses a claim to funds that are held in escrow, for a force-pooled coalbed methane gas well, or in suspense, for a voluntarily pooled coalbed methane gas well, by virtue of owning an interest in the gas estate contained within the drilling unit subject to the pooling order or agreement. See Virginia Code 45.2-1600
• Gas or oil operations: means any (i) activity relating to drilling, redrilling, deepening, stimulating, production, enhanced recovery, converting from one type of a well to another, combining or physically changing to allow the migration of fluid from one formation to another, or plugging or replugging any well; (ii) ground-disturbing activity relating to the development, construction, operation, or abandonment of a gathering pipeline; (iii) development, operation, maintenance, or restoration of any site involved with gas or oil operations; or (iv) work undertaken at a facility used for gas or oil operations. See Virginia Code 45.2-1600
• Gas or oil operator: means any person who operates or has been designated to operate any gas or oil well or gathering pipeline. See Virginia Code 45.2-1600
• Gas or oil owner: means any person who owns, leases, has an interest in, or has the right to explore for, drill, or operate a gas or oil well as principal or lessee. See Virginia Code 45.2-1600
• Gathering pipeline: means a pipeline that is used or intended for use in the transportation of gas or oil from the well to (i) a transmission pipeline regulated by the U. See Virginia Code 45.2-1600
• geophysical operation: means any activity in search of gas or oil that breaks or disturbs the surface of the earth, including road construction or core drilling. See Virginia Code 45.2-1600
• Geophysical operator: means a person who has the right to explore for gas or oil using ground-disturbing geophysical exploration. See Virginia Code 45.2-1600
• Geothermal resource: means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the regulations of the Department. See Virginia Code 45.2-2000
• Geothermal system: means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources. See Virginia Code 45.2-2000
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Gob: means the de-stressed zone associated with any full-seam extraction of coal that extends above and below the mined-out coal seam. See Virginia Code 45.2-1600
• governmental: includes the government of this Commonwealth, the government of the United States, and any of their subdivisions, agencies or instrumentalities. See Virginia Code 10.1-500
• Ground-disturbing: means any changing of land that could result in soil erosion from water or wind and the movement of sediments into state waters, including clearing, grading, excavating, drilling, and transporting and filling of land. See Virginia Code 45.2-1600
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Hampton Roads region: means the same as that term is defined in § Virginia Code 45.2-1800
• High school equivalency preparation program: means a program of preparation and instruction for adults who did not complete high school, and for youth who have been granted permission by the division superintendent of the school in which they are enrolled, to take a high school equivalency examination approved by the Board of Education. See Virginia Code 30-231.01
• in writing: include any representation of words, letters, symbols, numbers, or figures, whether (i) printed or inscribed on a tangible medium or (ii) stored in an electronic or other medium and retrievable in a perceivable form and whether an electronic signature authorized by Virginia Code 1-257
• Incapable of making an informed decision: means unable to understand the nature, extent, or probable consequences of a proposed treatment or unable to make a rational evaluation of the risks and benefits of the proposed treatment as compared with the risks and benefits of alternatives to the treatment. See Virginia Code 37.2-1100
• Includes: means includes, but not limited to. See Virginia Code 1-218
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• individual: means a current direct recipient of public or private mental health, developmental, or substance abuse treatment, rehabilitation, or habilitation services and includes the terms "consumer" "patient" "resident" "recipient" or "client. See Virginia Code 37.2-100
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Injection well: means any well used to inject or otherwise place any substance associated with gas or oil operations into the earth or underground strata for disposal, storage, or enhanced recovery. See Virginia Code 45.2-1600
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means the Virginia Gas and Oil Inspector appointed by the Director pursuant to § Virginia Code 45.2-1600
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• licensed: means a state hospital and a licensed hospital that provides care and treatment for persons with mental illness. See Virginia Code 37.2-100
• Licensed hospital: means a hospital or institution, including a psychiatric unit of a general hospital, that is licensed pursuant to the provisions of this title. See Virginia Code 37.2-100
• Lien: A claim against real or personal property in satisfaction of a debt.
• Locality: means a county, city or town. See Virginia Code 10.1-500
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Log: includes electrical survey records or electrical survey logs. See Virginia Code 45.2-1600
• Maintenance savings: means the operating expenses eliminated and future capital replacement expenditures avoided as a result of new equipment installed or services performed by the performance contractor. See Virginia Code 45.2-1702
• map: means a map, drawing, or print showing the location of a well, mine, or quarry, or other information required under this chapter. See Virginia Code 45.2-1600
• Member: means a member of the Consortium. See Virginia Code 45.2-2100
• Mine: includes all of the land or property of the mining plant, including both the surface and subsurface, that is used in or contributes directly or indirectly to the mining, concentration, or handling of the mineral resources, including all roads. See Virginia Code 45.2-1600
• Mineral: means the same as that term is defined in § Virginia Code 45.2-1600
• Mineral owner: means any person who owns minerals, leases minerals, mines and produces minerals, or has the right to mine and produce minerals and to appropriate such minerals that he produces from it, either for himself or for himself and others. See Virginia Code 45.2-1600
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• natural gas: means all natural gas, whether hydrocarbon, nonhydrocarbon, or any combination or mixture thereof, including hydrocarbons, hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casing head gas, and all other fluids not defined as oil pursuant to this section. See Virginia Code 45.2-1600
• Nonlegislative citizen member: means any natural person who is not a member of the General Assembly of Virginia. See Virginia Code 1-225
• Nonparticipating operator: means a gas or oil owner of a tract that is included in a drilling unit who elects to share in the operation of the well on a carried basis by agreeing to have his proportionate share of the costs allocable to his interest charged against his share of production from the well. See Virginia Code 45.2-1600
• Nonprofit collaborative: means a multi-site nonprofit innovative energy technology testbed established as a collaborative effort of the Department of Energy, the Authority, and the Authority's business partners to support the Authority's purpose through energy technology research, development, commercialization, and deployment. See Virginia Code 45.2-1717
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Offshore wind energy project: means a wind-powered electric energy facility, including tower, turbine, and associated equipment, located off the coast of the Commonwealth beyond the Commonwealth's three-mile jurisdictional limit, and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1803
• Oil: means natural crude oil or petroleum and other hydrocarbons, regardless of gravity, that are produced at the well in liquid form by ordinary production methods and are not the result of condensation of gas after it leaves the underground reservoir. See Virginia Code 45.2-1600
• Orphaned well: means any well abandoned prior to July 1, 1950, or for which no records exist concerning its drilling, plugging, or abandonment. See Virginia Code 45.2-1600
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating dealer: means a dealer who is participating in the Program. See Virginia Code 45.2-1726
• Participating operator: means a gas or oil owner who elects to (i) bear a share of the risks and costs of drilling, completing, equipping, operating, plugging, and abandoning a well on a drilling unit and (ii) receive a share of production from the well equal to the proportion that the acreage in the drilling unit he owns or holds under lease bears to the total acreage of the drilling unit. See Virginia Code 45.2-1600
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance guarantee bond: means the performance bond provided by the energy performance contractor for each year of the energy program in an amount equal to, but no greater than, the guaranteed measured and verifiable annual savings set forth in the program. See Virginia Code 45.2-1702
• Permittee: means any gas, oil, or geophysical operator holding a permit for gas, oil, or geophysical operations issued under authority of this chapter. See Virginia Code 45.2-1600
• Person: means any individual, firm, corporation, partnership, association, or other legal entity. See Virginia Code 45.2-2108
• Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
• Person under a disability: means the same as that term is defined in § Virginia Code 45.2-1600
• Personal property: All property that is not real property.
• Pipeline: means any pipe above or below the ground used or to be used to transport gas or oil. See Virginia Code 45.2-1600
• Plan: means the Virginia Energy Plan prepared pursuant to Article 4 (§ Virginia Code 45.2-1700
• Pool: means an underground accumulation of gas or oil in a single and separate natural reservoir. See Virginia Code 45.2-1600
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Professional degree program: means an accredited graduate level program of study offered by a Virginia institution of higher education that has been accepted for participation in the Program by the Brown v. See Virginia Code 30-231.01
• Program: means the Brown v. See Virginia Code 30-231.01
• Program: means the Electric Vehicle Rebate Program established pursuant to this article. See Virginia Code 45.2-1726
• Program: means the Low-to-Moderate Income Solar Loan and Rebate Pilot Program created pursuant to § Virginia Code 45.2-1912
• Purchase: means the purchase or lease of a new or used electric motor vehicle. See Virginia Code 45.2-1726
• Qualifying project: means the same as that term is defined in the Public-Private Education Facilities and Infrastructure Act of 2002. See Virginia Code 30-278
• Quorum: The number of legislators that must be present to do business.
• Rappahannock River Basin: means that land area designated as the Rappahannock River Basin by the State Water Control Board pursuant to § Virginia Code 62.1-69.25
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Respondent: means the person who is subject of a petition filed under this chapter. See Virginia Code 37.2-900
• Responsible public entity: means a public entity that is an agency or institution of the Commonwealth and that has the power to develop or operate a qualifying project. See Virginia Code 30-278
• Restoration: means all activity required to return a permitted site to other use after gas, oil, or geophysical operations have ended, as approved in the operations plan for the permitted site. See Virginia Code 45.2-1600
• revocation: means that the document or privilege revoked is not subject to renewal or restoration except through reapplication after the expiration of the period of revocation. See Virginia Code 46.2-100
• Rivanna River Basin: means that land area designated as the Rivanna River Basin by the State Water Control Board pursuant to § Virginia Code 62.1-69.45
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the shoulder. See Virginia Code 46.2-100
• Roanoke River Basin: means that land area designated as the Roanoke River Basin by the Virginia State Water Control Board, pursuant to § Virginia Code 62.1-69.36
• Royalty owner: means any owner of gas or oil in place, or owner of gas or oil rights, who is eligible to receive payment based on the production of gas or oil. See Virginia Code 45.2-1600
• School bus: means any motor vehicle, other than a station wagon, automobile, truck, or commercial bus, which is: (i) designed and used primarily for the transportation of pupils to and from public, private or religious schools, or used for the transportation of individuals with mental or physical disabilities to and from a sheltered workshop; (ii) painted yellow and bears the words "School Bus" in black letters of a specified size on front and rear; and (iii) is equipped with warning devices prescribed in § Virginia Code 46.2-100
• Semitrailer: means every vehicle of the trailer type so designed and used in conjunction with a motor vehicle that some part of its own weight and that of its own load rests on or is carried by another vehicle. See Virginia Code 46.2-100
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shared-use path: means a bikeway that is physically separated from motorized vehicular traffic by an open space or barrier and is located either within the highway right-of-way or within a separate right-of-way. See Virginia Code 46.2-100
• Shoulder: means that part of a highway between the portion regularly traveled by vehicular traffic and the lateral curbline or ditch. See Virginia Code 46.2-100
• soil and water conservation district: means a political subdivision of this Commonwealth organized in accordance with the provisions of this chapter. See Virginia Code 10.1-500
• Solar energy project: means an electric generation facility located within the Commonwealth and includes interests in land, improvements, and ancillary facilities. See Virginia Code 45.2-1901
• Southwest Virginia: means the region of the Commonwealth designated as Southwest Virginia in § Virginia Code 45.2-1717
• Special justice: means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § Virginia Code 37.2-100
• State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245
• state agency: means the same as that term is defined in § Virginia Code 1-206
• State waters: means all water, on the surface and under the ground, that is wholly or partially within or bordering the Commonwealth or within its jurisdiction and that affects the public welfare. See Virginia Code 45.2-1600
• Statute: A law passed by a legislature.
• Stimulation: means any action taken by a gas or oil operator to increase the inherent productivity of a gas or oil well, including fracturing, shooting, or acidizing, but excluding (i) cleaning out, bailing, or workover operations and (ii) the use of surface-tension reducing agents, emulsion breakers, paraffin solvents, or other agents that affect the gas or oil being produced, as distinguished from the producing formation. See Virginia Code 45.2-1600
• Storage well: means any well used for the underground storage of gas. See Virginia Code 45.2-1600
• Summons: Another word for subpoena used by the criminal justice system.
• Superintendent: means the Superintendent of the Department of State Police of the Commonwealth. See Virginia Code 46.2-100
• Surface owner: means any person who is the owner of record of the surface of the land. See Virginia Code 45.2-1600
• suspension: means that the document or privilege suspended has been temporarily withdrawn, but may be reinstated following the period of suspension unless it has expired prior to the end of the period of suspension. See Virginia Code 46.2-100
• sworn: means "affirm" or "affirmed. See Virginia Code 1-250
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July 1, 1971, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 1-254
• Toy vehicle: means any motorized or propellant-driven device that has no manufacturer-issued vehicle identification number that is designed or used to carry any person or persons, on any number of wheels, bearings, glides, blades, runners, or a cushion of air. See Virginia Code 46.2-100
• Tractor truck: means every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the load and weight of the vehicle attached thereto. See Virginia Code 46.2-100
• Traffic infraction: means a violation of law punishable as provided in § Virginia Code 46.2-100
• Trailer: means every vehicle without motive power designed for carrying property or passengers wholly on its own structure and for being drawn by a motor vehicle, including manufactured homes. See Virginia Code 46.2-100
• Training center: means a facility operated by the Department that provides training, habilitation, or other individually focused supports to persons with intellectual disability. See Virginia Code 37.2-100
• Treatment: includes the provision, withholding, or withdrawal of a specific treatment or course of treatment upon a showing that the requirements of subsection G of § Virginia Code 37.2-1100
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Truck: means every motor vehicle designed to transport property on its own structure independent of any other vehicle and having a registered gross weight in excess of 7,500 pounds. See Virginia Code 46.2-100
• United States: includes the 50 states, the District of Columbia the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands and the United States Virgin Islands. See Virginia Code 1-255
• Usable quality water: means groundwater that is used or can be used for a beneficial purpose, including a domestic, livestock, or irrigation use. See Virginia Code 45.2-2108
• Used electric motor vehicle: means a previously owned or leased electric motor vehicle that is more than two years old and not more than seven years old. See Virginia Code 45.2-1726
• Vehicle: means every device in, on or by which any person or property is or may be transported or drawn on a highway, except personal delivery devices and devices moved by human power or used exclusively on stationary rails or tracks. See Virginia Code 46.2-100
• Venue: The geographical location in which a case is tried.
• warehouseman: as used in this chapter means any person, firm or corporation engaged in the business of selling leaf tobacco at auction, for a commission or for any other consideration. See Virginia Code 61.1-53
• 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. See Virginia Code 62.1-10
• Water well: means any well drilled, bored, or dug into the earth for the sole purpose of extracting from it potable, fresh, or usable water for household, domestic, industrial, agricultural, or public use. See Virginia Code 45.2-1600
• Watercraft transporter: means any tractor truck, lowboy, vehicle, or combination, including vehicles or combinations that transport watercraft on their power unit, designed and used exclusively for the transportation of watercraft. See Virginia Code 46.2-100
• waters of the Commonwealth: as used in this chapter shall mean: (a) Any stream or that portion of any stream in this Commonwealth which prior to June 21, 1932, has been declared navigable by any unrepealed statute of this Commonwealth, or (b) any stream or that portion of any stream in this Commonwealth, the bed of which is owned by the Commonwealth, or (c) those parts of streams or other bodies of water in this Commonwealth which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids, compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows or rapids, and also any stream or part thereof in this Commonwealth other than those above mentioned in this subdivision in which the construction of any dam or works as authorized by this chapter would affect the interests of interstate or foreign commerce, or (d) that portion of any river or stream flowing between the high-water mark on the Virginia shore and the low-water mark when such low-water mark constitutes the boundary line between Virginia and another state. See Virginia Code 62.1-81
• Well: means any shaft or hole sunk, drilled, bored, or dug into the earth or into underground strata for the extraction, injection, or placement of any gaseous or liquid substance or any shaft or hole sunk or used in conjunction with such extraction, injection, or placement. See Virginia Code 45.2-1600