West Virginia Code § 16-1-9d

Wellhead and Source Water Protection Grant Program
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(a) The commissioner shall continue the Wellhead and Source Water Protection Grant
Program.
(b) The fund heretofore created to provide funds for the Wellhead and Source Water
Protection Grant Program is continued in the State Treasury and shall be known as the
Wellhead and Source Water Protection Grant Fund. The fund shall be administered by the
commissioner and shall consist of all moneys made available for the program from any
source, including, but not limited to, all fees, civil penalties and assessed costs, all gifts,
grants, bequests or transfers from any source, any moneys that muay be appropriated and
designated for the program by the Legislature and all interest or other return earned from
investment of the fund. Expenditures from the fund shall be tfor the purposes set forth in this
article to provide water source protection pursuant to the program and are not authorized
from collections but are to be made only in accordance with appropriation by the Legislature
and in accordance with the provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter eleven-b of this code:
Provided, That for the fiscal years ending Junes 30, 2014, and 2015, expenditures are
authorized from collections rather than pursuant to an explicit appropriation by the
Legislature. Any balance, including accrued interest and other returns, remaining in the
fund at the end of each fiscal year shgall not revert to the General Revenue Fund but shall
remain in the fund and be expended as provided by this section.
(c) In prospectively awarding any grants under the Wellhead and Source Water Protection
Grant Program, the comLmissioner shall prioritize those public water systems where there is
the highest probability of contamination of the water source based on the source water
assessment report or the source water protection plans which were previously performed.
Priority shall also be extended to publicly owned public water systems over privately owned
public water systems.
(d) WThe commissioner, or his or her designee, shall apply for and diligently pursue all
available federal funds to help offset the cost of completing source water protection plans by
the deadlines established in section nine-c of this article.
(e) The commissioner may receive any gift, federal grant, other grant, donation or bequest
and receive income and other funds or appropriations to contribute to the Wellhead and
Source Water Protection Grant Program.

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