GIVING CERTAIN POWERS TO THE DEPARTMENT OF FORESTS AND WATERS
                  Act of Jun. 5, 1947, P.L. 422, No. 195              Cl. 32
                                  AN ACT

     Authorizing the Department of Forests and Waters to provide for
        stream clearance and stream channel rectifications; to
        construct and maintain dams, reservoirs, lakes and other
        works and improvements for impounding flood waters, and
        conserving the water supply of the Commonwealth; and for
        creating additional recreational areas; to acquire by
        purchase, condemnation or otherwise, certain lands for such
        purposes; to construct and maintain flood forecasting and
        warning systems.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of Forests and Waters is hereby
     authorized to dredge and remove flood waste, deposits, flood
     water obstructions, gravel, bars and debris from any river or
     stream or part thereof; to restore or rectify flood damaged or
     destroyed stream channels, 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;
     to construct and maintain dams, lakes and other works and
     improvements, as in the judgment of the department may be
     necessary to impound flood waters and conserve the water supply
     of the Commonwealth; and to provide additional recreational
     areas; and to construct and maintain flood forecasting and
     warning systems.
        Section 2.  The Department of Forests and Waters is hereby
     authorized to make such appropriate surveys and prepare such
     suitable plans as are necessary for the execution of the above
     stated work.
        Section 3.  The Department of Forests and Waters in the
     performance of the work authorized under the provisions of this
     act may, with the approval of the Governor, enter into contracts
     or agreements with any person, corporation or municipality
     covering the lease or purchase of power, shovels, bulldozers and
     other necessary equipment for stream clearance and stream
     channel rectifications, as well as covering the construction,
     repair and maintenance of dams, reservoirs, lakes, the purchase
     and installation of flood forecasting and warning systems, and
     other works and improvements required to carry out the purposes
     of this act.
        Section 4.  The Department of Forests and Waters is hereby
     authorized, subject to the approval of the Governor, to acquire
     by donation, agreement, lease, purchase or condemnation, and to
     own or hold in the name of the Commonwealth, real and personal
     property, rights, lands, easements and rights-of-way necessary
     for the execution of the work authorized by this act.
        Section 5.  The department shall have power to acquire any
     lands, easements, rights-of-way, franchises and other property,
     deemed necessary for the construction of any of its public works
     or improvements provided for in this act by condemnation
     proceedings, and shall have power to enter upon, take possession
     of, and occupy such property deemed necessary for such purposes.
     The proceedings for the condemnation of property and for the
     assessment of damages shall be in accordance with the provisions
     of the act, approved the fifteenth day of July, one thousand
     nine hundred nineteen (Pamphlet Laws 976), entitled "An act to
     authorize the Board of Commissioners of Public Grounds and
     Buildings to acquire property for the Commonwealth by
     proceedings in eminent domain, where the purchase of such
     property has either been authorized by law or determined by the
     Board of Commissioners of Public Grounds and Buildings under
     existing laws, and an appropriation made therefor," its
     amendments and supplements, except that the department shall
     have the right to immediate possession of the property upon
     paying into the court of common pleas of the county wherein the
     property is situated, upon the department's petition to such
     court for leave so to do, the value of the property as
     determined by the department's appraisers: Provided, however,
     That any property owner who believes the amount tendered
     insufficient to fully compensate him may accept the same under
     protest and without prejudice to his right to apply for the
     appointment of a board of view to assess the damages claimed.
     Upon application for the appointment of a board of view the
     court of the proper county, or any law judge thereof in
     vacation, shall appoint three discreet and disinterested free-
     holders of the county as viewers. If the owner, lessee or
     occupier of any of such property shall refuse to remove
     therefrom, or give up possession thereof, the department may
     proceed to obtain possession in the manner now provided by law.
        Section 6.  The Department of Forests and Waters is hereby
     authorized to consult, cooperate, negotiate, and with the
     approval of the Governor, enter into contracts and other
     agreements with the Federal Government, or any appropriate
     agency thereof. The General State Authority, any State or local
     agency, department, board, bureau, commission, or any political
     subdivisions, municipality authority, corporation, association,
     person or persons, for cooperation and assistance in planning,
     constructing, financing, maintaining and operating, any works or
     facilities needed to carry out the purposes of this act:
     Provided, That all work of any character whatsoever performed
     under the authority of this act, except as undertaken by its own
     forces, or other agencies of the Commonwealth, or of the Federal
     Government or any appropriate agency thereof or The General
     State Authority shall be performed under written contract let by
     the Department of Forests and Waters to the lowest responsible
     bidder, after due advertising as provided by law and in
     accordance with plans and specifications prepared by the
     department.
        (6 amended Sept. 29, 1951, P.L.1631, No.424)
        Section 7.  The provisions of this act shall become effective
     immediately upon final enactment.