PRINTER'S NO. 1261
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
992
Session of
2015
INTRODUCED BY DINNIMAN, SEPTEMBER 21, 2015
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 21, 2015
AN ACT
Amending the act of June 24, 1939 (P.L.842, No.365), entitled
"An act relating to the acquisition of rights to divert water
from rivers, streams, natural lakes, and ponds, or other
surface waters within the Commonwealth or partly within and
partly without the Commonwealth; defining various words and
phrases; vesting in the Water and Power Resources Board
certain powers and authorities for the conservation, control
and equitable use of the waters within the Commonwealth in
the interests of the people of the Commonwealth; making
available for public water supply purposes, water rights
heretofore or hereafter acquired but not used; providing for
hearings by the Water and Power Resources Board and for
appeals from its decisions; fixing fees; granting to all
public water supply agencies heretofore or hereafter created
the right of eminent domain as to waters and the land covered
by said waters; repealing all acts or parts of acts
inconsistent herewith, including Act No. 109, Pamphlet Laws
152, approved April 13, 1905, Act No. 307, Pamphlet Laws 455,
approved June 7, 1907, Act No. 64, Pamphlet Laws 258,
approved April 8, 1937," further providing for definitions;
and providing for additional duties of the board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1 of the act of June 24, 1939 (P.L.842,
No.365), referred to as the Water Rights Law, is amended by
adding a definition to read:
Section 1. Definitions.--Hereafter in this act the following
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words and phrases shall be understood to have the meanings
herein set forth, unless a contrary or different meaning be
clearly indicated by the context.
* * *
(f) "Local water resources authority" shall mean a water
resources authority established by a county of the second class
A or a county of the third class under State law that employs
water resource engineers who are certified by the Pennsylvania
Department of Environmental Protection or who meet the same
requirements for certification as established by the department.
Section 2. The act is amended by adding a section to read:
Section 7.1. It shall be the duty of the board to comply
with the following:
1. Give due consideration of the potential impact of the
withdrawal of water from a naturally occurring aquifer on
private water supplies under a proposed permit.
2. Provide notification within forty-eight hours of the
granting of a permit provided to the following:
(i) Local water resource authority for the area affected by
the permit.
(ii) County commissioners for the county affected by the
permit.
(iii) Township supervisors for the township affected by the
permit.
(iv) Legislators for the participating State who represent
the state legislative districts affected by the permit.
3. Give the following:
(i) Deference to an evaluation on the potential adverse
impact of proposed water withdrawal under a proposed permit that
was prepared by a local water resources authority when
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evaluating the potential impact of the proposed water withdrawal
on natural stream flows, ground waters and naturally occurring
aquifers regarding private water supplies.
(ii) The right of first refusal for conducting tests to
evaluate the potential adverse impact of the proposed water
withdrawal under a proposed permit to the local water resources
authority for the area potentially affected by the proposed
water withdrawal, where the board elects to outsource the
performance of such tests to a third party.
A private entity that as a result of water withdrawal from a
naturally occurring aquifer for the purpose of resale causes an
existing water well located within the boundaries of the
naturally occurring aquifer to become dry shall be responsible
for establishing a new water well.
Section 3. This act shall take effect in 60 days.
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