PRINTER'S NO. 675
No. 632 Session of 1989
INTRODUCED BY FISHER, MUSTO, REIBMAN, JUBELIRER, WILT, MADIGAN,
SCANLON AND SALVATORE, MARCH 2, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 2, 1989
AN ACT
1 Amending the act of June 24, 1939 (P.L.842, No.365), entitled
2 "An act relating to the acquisition of rights to divert water
3 from rivers, streams, natural lakes, and ponds, or other
4 surface waters within the Commonwealth or partly within and
5 partly without the Commonwealth; defining various words and
6 phrases; vesting in the Water and Power Resources Board
7 certain powers and authorities for the conservation, control
8 and equitable use of the waters within the Commonwealth in
9 the interests of the people of the Commonwealth; making
10 available for public water supply purposes, water rights
11 heretofore or hereafter acquired but not used; providing for
12 hearings by the Water and Power Resources Board and for
13 appeals from its decisions; fixing fees; granting to all
14 public water supply agencies heretofore or hereafter created
15 the right of eminent domain as to waters and the land covered
16 by said waters; repealing all acts or parts of acts
17 inconsistent herewith, including Act No. 109, Pamphlet Laws
18 152, approved April 13, 1905, Act No. 307, Pamphlet Laws 455,
19 approved June 7, 1907, Act No. 64, Pamphlet Laws 258,
20 approved April 8, 1937," further defining "water rights"; and
21 further providing for certain permits.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 1(e) of the act of June 24, 1939
25 (P.L.842, No.365), entitled "An act relating to the acquisition
26 of rights to divert water from rivers, streams, natural lakes,
27 and ponds, or other surface waters within the Commonwealth or
1 partly within and partly without the Commonwealth; defining
2 various words and phrases; vesting in the Water and Power
3 Resources Board certain powers and authorities for the
4 conservation, control and equitable use of the waters within the
5 Commonwealth in the interests of the people of the Commonwealth;
6 making available for public water supply purposes, water rights
7 heretofore or hereafter acquired but not used; providing for
8 hearings by the Water and Power Resources Board and for appeals
9 from its decisions; fixing fees; granting to all public water
10 supply agencies heretofore or hereafter created the right of
11 eminent domain as to waters and the land covered by said waters;
12 repealing all acts or parts of acts inconsistent herewith,
13 including Act No. 109, Pamphlet Laws 152, approved April 13,
14 1905, Act No. 307, Pamphlet Laws 455, approved June 7, 1907, Act
15 No. 64, Pamphlet Laws 258, approved April 8, 1937," is amended
16 to read:
17 Section 1. Definitions.--Hereafter in this act the following
18 words and phrases shall be understood to have the meanings
19 herein set forth, unless a contrary or different meaning be
20 clearly indicated by the context.
21 * * *
22 (e) "Water rights" shall mean the right to take or divert
23 water from any rivers, streams, natural lakes and ponds, or
24 other surface waters within or partly within and partly without
25 the Commonwealth of Pennsylvania, except water rights heretofore
26 or hereafter acquired under the Act of June 14, 1923, Pamphlet
27 Laws, 704. This definition shall not be construed to include
28 rights created between sellers and buyers of water through
29 service connections.
30 Section 2. The act is amended by adding a section to read:
19890S0632B0675 - 2 -
1 Section 11.1. Nothing in this act shall be construed as to
2 make its provisions applicable to the purchase and sale of water
3 by public water supply systems through service connections where
4 the seller has a water rights permit issued under this act. The
5 permit holder shall notify the department of any sales of water
6 through service connections with other public water supply
7 systems and provide a copy of the agreement of sale which shall
8 become part of the permit.
9 Section 3. This act shall take effect in 60 days.
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