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2018 Op. Va. Att'y Gen. 1 (2018)

handle is hein.sag/sagva0140 and id is 1 raw text is: 

                          COMMONWEALTH of VIRGINIA

                                           Office of the Attorney General
Mark R. Herring                                                                                  202 North Ninth Street
Attorney General                                                                               Richmond, Virginia 23219
                                                                                                    Fax 804-786-1991
                                                                                                Virginia Relay Services

                                                February 15, 2018

       The  Honorable Les R. Adams
       Member,  Virginia House of Delegates
       Post Office Box K
       Chatharn, Virginia 24531

                                                Issues Presented

               You  inquire regarding the general police power authority of Pittsylvania County and the Town of
       Chatham  to prohibit the operation of watercraft powered by internal combustion engines on two privately
       owned   lakes, when these lakes contribute to the public water supply for the both the County and the
       Town. If   such  prohibition is permissible, you ask whether the County and the Town  may   impose
       penalties, either civil or criminal, for violations thereof.


               Your inquiry pertains to two man-made lakes-Cherrystone  and Roaring Fork lakes-which  are
        located northwest of the Town of Chatham  in Pittsylvania County. You  indicate that these lakes are
        privately owned and that the Town obtained the right to construct them on private property by means of
        an easement.   Each lake  adjoins a dam  and connects  to a creek, with both  creeks merging  into
        Cherrystone Creek.' The Town  of Chatham  has operated and maintained these two dams by means of a

           ' The two dams are known as Cherrystone Creek dams 1 and 2A. See USDA, Chatham to hold public meeting
       to discuss rehabilitation projects, GODANRIVER.COM (May 12, 2016), available at http://www.godanriver.com/news
       -11e6-84b7-87b9fele0b49.html. See  also  Cherrystone Lake,  Virginia, GOOGLE   MAPS,   available at
       https://www.google.com/maps/place/Cherrystone+Lake+Rd,+Chatham,+VA+2453 1/@36.8468382,-79.4399016,15
       z/data=!4m5!3m4!1s0x884d559703dbf83f:0x58a7d03175883716!8m2!3d36.8468382!4d-79.4311469 (last visited
       Feb. 12, 2018).

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