PRINTER'S NO. 1804
No. 1283 Session of 1988
INTRODUCED BY FISHER, LOEPER, SALVATORE, MUSTO AND REIBMAN,
FEBRUARY 16, 1988
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 16, 1988
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 providing for the application of the provisions of this act.
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,
1 and ponds, or other surface waters within the Commonwealth or
2 partly within and partly without the Commonwealth; defining
3 various words and phrases; vesting in the Water and Power
4 Resources Board certain powers and authorities for the
5 conservation, control and equitable use of the waters within the
6 Commonwealth in the interests of the people of the Commonwealth;
7 making available for public water supply purposes, water rights
8 heretofore or hereafter acquired but not used; providing for
9 hearings by the Water and Power Resources Board and for appeals
10 from its decisions; fixing fees; granting to all public water
11 supply agencies heretofore or hereafter created the right of
12 eminent domain as to waters and the land covered by said waters;
13 repealing all acts or parts of acts inconsistent herewith,
14 including Act No. 109, Pamphlet Laws 152, approved April 13,
15 1905, Act No. 307, Pamphlet Laws 455, approved June 7, 1907, Act
16 No. 64, Pamphlet Laws 258, approved April 8, 1937," is amended
17 to read:
18 Section 1. Definitions.--Hereafter in this act the following
19 words and phrases shall be understood to have the meanings
20 herein set forth, unless a contrary or different meaning be
21 clearly indicated by the context.
22 * * *
23 (e) "Water rights" shall mean the right to take or divert
24 water from any rivers, streams, natural lakes and ponds, or
25 other surface waters within or partly within and partly without
26 the Commonwealth of Pennsylvania, except water rights heretofore
27 or hereafter acquired under the Act of June 14, 1923, Pamphlet
28 Laws, 704. This definition shall not be construed to include
29 rights created between sellers and buyers of water through
30 service connections.
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1 Section 2. The act is amended by adding a section to read:
2 Section 11.1. Nothing in this act shall be construed as to
3 make its provisions applicable to the purchase and sale of water
4 by public water supply systems through service connections where
5 the seller has a water rights permit issued under this act.
6 Section 3. This act shall take effect in 60 days.
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