PUBLIC UTILITIES - HOLDING OF PERMITS
                 Act of Jun. 14, 1923, P.L. 700, No. 293              Cl. 32
                                  AN ACT

     Authorizing the condemnation and appropriation of lands, waters,
        and other property by public service companies holding
        limited power permits and limited water supply permits
        granted by the Water Supply Commission of Pennsylvania, and
        providing a method for the assessment of damages arising from
        such appropriation.

        Section 1.  Be it enacted, &c., That where used in this act
     singular words shall be construed as including the plural,
     masculine words shall be construed as including the feminine and
     neuter, and the following terms shall have the following
     meanings respectively designated for each:
        The term "commission" means the Water Supply Commission of
     Pennsylvania.
        The term "dam" means a dam, wall, wing wall, wharf,
     embankment, abutment, projection, or similar analogous
     structure, or any other obstruction whatever in, along, across,
     or projection into any stream or body of water wholly or partly
     within, or forming part of the boundary of, this Commonwealth,
     except the tidal waters of the Delaware River and of its
     navigable tributaries.
        The term "dam to develop water power" means a dam for the
     purpose of developing water power only, or a dam for said
     purpose and any other purpose.
        The term "dam to supply water for steam power" means a dam
     for the main purpose of storing, cooling, diverting, and using,
     or any of them, water for steam raising or steam condensation,
     or both, in the generation of electric energy for use in public
     service, which is not a dam to develop water power as
     hereinbefore defined.
        The term "water supply dam" means a dam for the purpose of
     supplying water, which is not a dam to develop water power nor a
     dam to supply water for steam power as hereinbefore defined.
        The term "power dam" includes dams to develop water power and
     dams to supply water for steam power.
        The term "change in stream to develop water power" means any
     change in or diminution of the course, current, or cross-section
     of any stream or body of water for the sole purpose of
     developing water power, or for said purpose and any other
     purpose, whether the dam or other means effecting the change be
     within or without the Commonwealth of Pennsylvania.
        The term "change in stream to supply water for steam power"
     means any such change or diminution for the main purpose of
     storing, cooling, diverting, and using, or any of them, water
     for steam raising or steam condensation, or both, in the
     generation of electric energy for use in public service, which
     is not a change in stream to develop water power as hereinbefore
     defined, whether the dam or other means effecting the change be
     within or without the Commonwealth of Pennsylvania.
        The term "change in stream for water supply" means any such
     change or diminution for the purpose of supplying water, which
     is not a change in stream to develop water power, nor a change
     in stream to supply water for steam power, as hereinbefore
     defined, whether the dam or other means effecting the change be
     within or without the Commonwealth of Pennsylvania.
        The term "change in stream to develop power" includes changes
     in stream to develop water power and changes in stream to supply
     water for steam power.
        The term "power project" means a complete unit of improvement
     or development for the procuring or supply, or both, of water
     power, or the procuring or supply, or both, of light, heat, and
     power, or any of them, by electricity, consisting of a power dam
     or change in stream to develop power, or both, for which a
     limited power permit at any time is being sought or shall have
     been granted, a power house, all water conduits, dams and
     appurtenant works which are a part of said unit, and all
     storage, diverting, or forebay reservoirs directly connected
     therewith, the primary line or lines transmitting power from the
     power house to the point of junction with the distribution
     system or with an interconnected primary transmission system,
     all miscellaneous structures used and useful in connection with
     such unit, or any part thereof, and all water rights, rights of
     way, ditches, dams, reservoirs, lands or interests in lands, the
     use and occupancy of which are necessary or appropriate in the
     construction, maintenance, and operation of such unit.
        The term "water supply project" means a complete unit of
     improvement or development for the procuring or supply, or both,
     of water, which is not a power project as hereinbefore defined,
     consisting of a water supply dam or change in stream for water
     supply, or both, for which a limited water supply permit at any
     time is being sought or shall have been granted, a reservoir,
     the dam and other works appurtenant thereto, and all primary
     water conduits leading immediately therefrom to the point of
     junction with the distribution system or with an interconnected
     primary water conduit, and all water rights, rights of way,
     ditches, dams, reservoirs, and lands or interests in lands, the
     use and occupancy of which is necessary or appropriate in the
     construction, maintenance, and operation of such unit.
        The term "permittee" means the holder of a limited power
     permit or of a limited water supply permit, and his heirs,
     successors, and assigns.
        The term "limited power permit" means a permit for a power
     dam or for a change in stream to develop power, or both,
     hereafter granted by the commission.
        The term "limited water supply permit" means a permit for a
     water supply dam or for a change in stream for water supply
     hereafter granted by the commission.
        Section 2.  Any public service company holding a limited
     power permit or a limited water supply permit, granted on behalf
     of a power project or a water supply project for use in public
     service, shall have the right and power to appropriate and
     condemn, overflow, submerge, occupy, and use any street, road,
     lane, alley, turnpike, highway, bridge, electric railroad, or
     steam railroad, whether publicly or privately owned, which the
     commission shall find to be necessary for the construction,
     maintenance, or operation of the power project or water supply
     project in behalf of which such permit was granted: Provided,
     That such permittee shall cause the same, and all structures of
     other public service companies located thereon, to be
     reconstructed, at his own proper expense, on such location and
     in such manner and to such extent as the commission may require,
     or shall reimburse such other public service company for the
     reasonable cost of such relocation and reconstruction, and such
     permittee may condemn and appropriate property which the
     commission shall find to be necessary for such relocation and
     reconstruction.
        Section 3.  Any public service company holding a limited
     power permit or a limited water supply permit, granted on behalf
     of a power project or a water supply project for use in public
     service, shall have the right and power to condemn and
     appropriate any lands, waters, and other property and rights, as
     to which the said commission, after due notice and public
     hearing, shall have found that the appropriation of the same is
     required by the present and future interests of the Commonwealth
     for the construction, maintenance, or operation of the project
     in behalf of which such permit is granted, and is not
     incompatible with the public interests of the region in the
     vicinity of such project.
        Section 4.  All damages arising from the exercise of the
     right and power of condemnation conferred by section two and
     three of this act shall be ascertained, recovered, and paid as
     provided by the forty-first section of the act, approved April
     twenty-ninth, one thousand eight hundred and seventy-four
     (Pamphlet Laws, seventy-three), and the amendments and
     supplements thereto.
        Section 5.  None of the rights and powers conferred by this
     act shall be so used as to permit the utilization of any system
     of distribution, acquired, constructed, erected, used, or
     operated through the power of condemnation or appropriation
     conferred by this act, to supply, or commence to supply, within
     the limits of any city, borough, township, or district, in
     which, at the time of said commencement or proposed
     commencement, a company incorporated for the supply of light,
     heat, and power, or any of them, to the public by electricity is
     lawfully supplying light, heat, and power by electricity,
     without first securing a certificate of public convenience from
     the Public Service Commission of the Commonwealth of
     Pennsylvania authorizing such use within such limits. Nor shall
     this act be construed as impairing or limiting any right or
     power of eminent domain otherwise conferred by law.