PRINTER'S NO. 1262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
993
Session of
2015
INTRODUCED BY DINNIMAN, SEPTEMBER 21, 2015
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 21, 2015
AN ACT
Amending the act of July 7, 1961 (P.L.518, No.268), entitled "An
act to create a regional agency by intergovernmental compact
for the planning, conservation, utilization, development,
management and control of the water and related natural
resources of the Delaware River Basin, for the improvement of
navigation, reduction of flood damage, regulation of water
quality, control of pollution, development of water supply,
hydroelectric energy, fish and wildlife habitat and public
recreational facilities, and other purposes, and defining the
functions, powers and duties of such agency," in short title,
definitions, purpose and limitations, further providing for
definitions; and, in regulation of withdrawals and
diversions, further providing for standards.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1.2 of the act of July 7, 1961 (P.L.518,
No.268), known as the Delaware River Basin Compact, is amended
by adding a definition to read:
Section 1.2. Definitions. For the purposes of this compact,
and of any supplemental or concurring legislation enacted
pursuant thereto, except as may be otherwise required by the
context:
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(f.1) "Local water resources authority" shall mean a water
resources authority established by a county, township, city,
borough or town that employs water resource engineers who are
certified by the participating state or who meet the same
requirements for certification as established by the
participating state.
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Section 2. Section 10.5 of the act is amended to read:
Section 10.5. Standards.
(a) Permits shall be granted, modified or denied as the case
may be so as to avoid such depletion of the natural stream flows
and ground waters in the protected area or in an emergency area
as will adversely affect the comprehensive plan or the just and
equitable interests and rights of other lawful users of the same
source, giving due regard to the need to balance and reconcile
alternative and conflicting uses in the event of an actual or
threatened shortage of water of the quality required.
(b) This section requires the following:
(1) Due consideration of the potential impact of the
withdrawal of water from a naturally occurring aquifer under a
proposed permit shall be conducted.
(2) Notification within forty-eight hours of the granting of
a water withdrawal permit provided to the following by the
agency of the participating state responsible for the permitting
process within the participating state:
(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
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permit.
(iv) Legislators for the participating state who represent
the state legislative districts affected by the permit.
(3) (i) Deference shall be given to an evaluation on the
potential adverse impact of proposed water withdrawal under a
proposed permit that was prepared by the local water resources
authority when evaluating the potential impact of the proposed
water withdrawal on natural stream flows, ground waters and
naturally occurring aquifers.
(ii) The right of first refusal for conducting tests to
evaluate the potential adverse impact of the proposed water
withdrawal under a proposed permit shall be given to the local
water resources authority for the area potentially affected by
the proposed water withdrawal, where either the commission or
the administrative agency for the signatory state or
commonwealth elects to outsource the performance of the tests to
a third party.
(4) A private entity that as a result of water withdrawal
from a naturally occurring aquifer for 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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