22-13-1 Short title
22-13-2 Declaration of public policy
22-13-3 Definitions
22-13-4 Establishment of natural stream preservation system
22-13-5 Designation of protected streams
22-13-6 General powers and duties of director with respect to protected streams
22-13-7 When permits required; when permits not to be issued
22-13-8 Application for permit; form of application; information required; fees
22-13-9 Procedure for issuance or denial of permit; transfer of permits
22-13-10 Inspections; orders to compel compliance with permits; service of order
22-13-11 Appeal to environmental quality board
22-13-12 Actions to abate nuisances; injunctive relief
22-13-13 Priority of actions
22-13-14 Violations; criminal penalties
22-13-15 Exceptions as to criminal liabilities
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Terms Used In West Virginia Code > Chapter 22 > Article 13 - Natural Streams Preservation Act

  • 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.
  • 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.
  • Board: means the environmental quality board. See West Virginia Code 22-13-3
  • Chief: means the Secretary of the Department of Environmental Protection, or his or her designee, who is also the chief executive officer of an office, division or section within the department. See West Virginia Code 22-1-2
  • 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.
  • Director: means the director of the Division of Environmental Protection or such other person to whom the director has delegated authority or duties pursuant to sections six or eight, article one of this chapter. See West Virginia Code 22-13-3
  • Division: means the Department of Environmental Protection. See West Virginia Code 22-1-2
  • Docket: A log containing brief entries of court proceedings.
  • 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.
  • Free-flowing: means existing or flowing in natural condition without impoundment, by diversion, or flooding of the waterway. See West Virginia Code 22-13-3
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Modification: means the impounding, diverting or flooding of a stream within the natural stream preservation system. See West Virginia Code 22-13-3
  • Modify: means to impound, divert or flood a stream within the natural stream preservation system. See West Virginia Code 22-13-3
  • 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.
  • Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
  • 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.
  • Permit: means a permit required by section seven of this article. See West Virginia Code 22-13-3
  • Protected stream: means any stream designated as such in section five of this article, but does not include tributaries or branches unless specifically designated or described in section five of this article. See West Virginia Code 22-13-3
  • Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-1-2
  • 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.
  • State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
  • Stream: means a flowing body of water or a section or portion thereof, including rivers, streams, creeks, branches or small lakes. See West Virginia Code 22-13-3