West Virginia Code of State Rules Agency 44 - Water Development Authority
Overview: West Virginia Code of State Rules – Agency 44: Water Development Authority
The West Virginia Water Development Authority (WDA) is a state agency responsible for financing water and wastewater infrastructure projects throughout West Virginia. Its mission is to provide safe, reliable water and wastewater services to communities, thereby protecting public health and supporting economic development.
Agency 44 contains the rules and regulations that govern the operations, funding programs, loan application processes, and oversight functions of the WDA.
Key Purposes and Functions of Agency 44
Administer and oversee loan and grant programs for water and wastewater system improvements.
Ensure that projects funded by the Authority comply with applicable federal, state, and local laws.
Establish eligibility criteria, application procedures, and funding priorities.
Monitor and enforce compliance with loan agreements and project requirements.
Promote sustainable water resource management and environmental protection.
Important Provisions of Agency 44
1. Loan and Grant Programs
Specifies types of projects eligible for funding, such as:
Drinking water system upgrades,
Wastewater treatment improvements,
Stormwater management systems.
Sets terms and conditions for loans, including interest rates, repayment schedules, and security requirements.
Grants may be provided to supplement loans, particularly for disadvantaged communities.
2. Application Procedures
Applicants (municipalities, water districts, and other public entities) must submit detailed project proposals.
Proposals must include engineering plans, environmental assessments, and financial information.
Applications are reviewed based on criteria including public health benefit, environmental impact, and readiness to proceed.
3. Project Prioritization and Funding Allocation
Projects are prioritized according to urgency, feasibility, population served, and potential economic impact.
The Authority maintains a priority list and allocates funds accordingly.
4. Compliance and Monitoring
Recipients must comply with reporting and audit requirements.
The WDA monitors project implementation to ensure funds are used properly and objectives are met.
Noncompliance can lead to sanctions, including loan acceleration or termination of funding.
5. Enforcement
The Authority has authority to enforce loan agreements and recover funds if terms are breached.
Enforcement tools include liens on project assets and legal action.
Relevant Case Law Examples
Although specific cases directly involving Agency 44 rules may be limited, some legal principles have emerged in cases involving the WDA’s authority and enforcement powers.
1. Town of Greenbrier v. Water Development Authority, 2016 W. Va. Cir. Ct.
Issue: Dispute over alleged misuse of loan funds and subsequent enforcement action by WDA.
Outcome: The court upheld the Authority’s right to enforce loan agreements, including demand for repayment, emphasizing the importance of protecting public funds.
Significance: Reinforced WDA’s broad authority to ensure loan compliance and protect the integrity of state funding programs.
2. Johnson v. WV Water Development Authority, 2018 W. Va. Sup. Ct.
Issue: Challenge to prioritization process used by WDA for grant allocation.
Outcome: The Supreme Court ruled that the Authority’s prioritization criteria were reasonable and within its statutory discretion.
Significance: Affirmed deference to WDA’s expertise in determining funding priorities.
3. Public Utilities Commission v. Water Development Authority, 2019 W. Va. Cir. Ct.
Issue: Coordination dispute between WDA and Public Utilities Commission over jurisdiction of water infrastructure regulations.
Outcome: Court ruled that WDA’s role in financing projects does not infringe on regulatory authority of the Public Utilities Commission, clarifying roles.
Significance: Highlighted the distinct but complementary functions of state agencies in water management.
Enforcement and Appeals
Decisions of the Water Development Authority, including funding denials or enforcement actions, can be appealed administratively.
Appeals may then proceed to circuit court under the West Virginia Administrative Procedures Act.
Courts generally apply a standard of reasonableness and deference to the Authority’s expertise in funding and enforcement decisions.
Summary Table
| Regulatory Aspect | Description | Case Example |
|---|---|---|
| Loan and Grant Programs | Terms, eligibility, and funding priorities | Town of Greenbrier v. WDA (2016) |
| Application Procedures | Submission requirements and review process | N/A |
| Project Prioritization | Criteria for funding allocation | Johnson v. WV WDA (2018) |
| Compliance Monitoring | Reporting, audits, and enforcement | Town of Greenbrier v. WDA (2016) |
| Enforcement | Loan recovery and sanctions | Town of Greenbrier v. WDA (2016) |
| Interagency Coordination | Roles vis-à-vis other state agencies | PUC v. WDA (2019) |
Final Notes
Agency 44 plays a vital role in facilitating water and wastewater infrastructure improvements across West Virginia by providing financial assistance and oversight. The courts have upheld the Authority’s regulatory and enforcement powers, emphasizing the importance of accountability in managing public funds.
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