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PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 27. ENVIRONMENTAL RESOURCES
PART III. CONSERVATION AND NATURAL RESOURCES
CHAPTER 31. WATER RESOURCES PLANNING
SUBCHAPTER B. WATER RESOURCES PLANNING
Date:
08/31/2009
Document:
§ 3112. Plan contents
(a) GENERAL RULE.-- The State water plan and regional plan shall include:
(1) An inventory of the surface water resources of each region of this
Commonwealth, including an identification of the boundaries of
significant watersheds and an estimate of the safe yield of such
sources for withdrawal and nonwithdrawal uses during periods of normal
conditions and drought.
(2) An inventory of the groundwater resources of each region of this
Commonwealth, including an identification of aquifers and groundwater
basins and an assessment of their safe yield, prime recharge areas,
recharge capacity, withdrawal limits and relationship to stream base
flows.
(3) An assessment and projection of existing and future nonwithdrawal
use needs and the values of watercourses included within this
Commonwealth or Federal wild and scenic river systems.
(4) An assessment and projection of existing and future withdrawal use
demands.
(5) An identification of potential problems with water availability or
conflicts among water uses and users.
(6) An identification of critical water planning areas comprising any
significant hydrologic unit where existing or future demands exceed or
threaten to exceed the safe yield of available water resources.
(7) An assessment of the current and future capabilities of public
water supply agencies to provide an adequate quantity and quality of
water to their service areas.
(8) An assessment of floodplain and storm water management problems.
(9) An assessment of navigation needs and the means for restoration,
development and improvement of transportation by water.
(10) An assessment of the water resources required to serve areas with
important or unique natural, scenic, environmental or recreational
values of national, regional, local or Statewide significance,
including national and State parks; designated wild, scenic and
recreational rivers; national and State wildlife refuges; and the
habitats of Federal and State endangered or threatened species.
(11) A process for identifying projects and practices that are being or
have been implemented by water users that reduce the amount of water
withdrawal or consumptive use, improve efficiency in water use, provide
for reuse and recycling of water, increase the supply or storage of
water or preserve or increase groundwater recharge and a recommended
process for providing appropriate positive recognition of such projects
or practices in actions, programs, policies, projects or management
activities recommended under paragraph (16).
(12) An identification of practical alternatives for an adequate supply
of water to satisfy existing and future reasonable and beneficial uses,
including improved storage, groundwater recharge and surface water/
groundwater conjunctive management programs.
(13) An assessment of both structural and nonstructural alternatives to
address identified water availability problems, adverse impacts on
water uses or conflicts between water users, including potential
actions to develop additional or alternative supplies, conservation
measures and management techniques.
(14) A review and evaluation of statutes, regulations, policies and
institutional arrangements for the development, conservation,
distribution and emergency management of water resources.
(15) A review and evaluation of water resources management alternatives
and recommended programs, policies, institutional arrangements,
projects and other provisions to meet the water resources needs of each
region and of this Commonwealth.
(16) Proposed methods of implementing various recommended actions,
programs, policies, projects or management activities.
(b) CONSIDERATIONS.-- The State water plan and regional plans shall consider:
(1) The interconnections and relationships between groundwater and
surface water as components of a single hydrologic resource.
(2) Regional water resources needs, objectives and priorities as
identified and evaluated by the regional committee.
(3) Federal, State and interstate water resources policies, plans,
objectives and priorities, including those identified in statutes,
regulations, compacts, interstate agreements or comprehensive plans
adopted by Federal and State agencies and Compact Basin Commissions.
(4) The needs and priorities reflected in comprehensive plans and
zoning ordinances where one of the following conditions is satisfied:
(i) A county adopts a comprehensive plan in accordance with section
301 or 302 of the Municipalities Planning Code and municipalities in
the county have adopted comprehensive plans and zoning ordinances in
accordance with sections 301, 303(d) and 603(j) of the Municipalities
Planning Code.
(ii) Municipalities have adopted a county plan or a multimunicipal
plan under Article XI of the Municipalities Planning Code and the
participating municipalities have conformed their local plans and
ordinances to the county or multimunicipal plan by implementing
cooperative agreements and adopting appropriate resolutions and
ordinances.
(iii) A county adopts a comprehensive plan in accordance with section
301 or 302 of the Municipalities Planning Code and either:
(A) the county has adopted and is administering, in lieu of
municipalities in the county, a county comprehensive plan and
county zoning ordinance in accordance with sections 301, 303(d) and
603(j) of the Municipalities Planning Code; or
(B) the county has adopted a county comprehensive plan in
accordance with section 301 or 302 of the Municipalities Planning
Code which is in effect, in lieu of comprehensive plans adopted by
municipalities in the county, and municipalities in the county have
adopted zoning ordinances generally consistent with such county
comprehensive plan in accordance with sections 303(d) and 603(j) of
the Municipalities Planning Code.
(5) The water quantity and quality necessary to support reasonable and
beneficial uses.
(6) A balancing and encouragement of multiple uses of water resources,
recognizing that all water resources of this Commonwealth are capable
of serving multiple uses and human needs, including multiple uses of
water resources for reasonable and beneficial uses.
(7) The distinctions between short-term and long-term conditions,
impacts, needs and solutions to ensure appropriate and cost-effective
responses to water resources issues.
(8) The benefits and costs and social and environmental impacts of
alternative policies, programs, projects and actions.
(9) Application of the principle of equal and uniform treatment of all
water users that are similarly situated and all users of related
facilities without regard to established political boundaries.
(c) BALANCING OF CONSIDERATIONS.-- In approving, recommending and adopting the State water plan, the Statewide committee and secretary shall provide serious and deliberative consideration to regional priorities, objectives and recommendations expressed by the regional committees, reconcile differences or conflicts among regional plans and assure that the regional plans and State water plan adequately consider and reflect Federal, State and Compact Basin Commission policies, plans, objectives and priorities of national, Statewide or interstate importance.
(d) DESIGNATION OF CRITICAL WATER PLANNING AREAS AND PREPARATION AND APPROVAL OF CRITICAL AREA RESOURCE PLANS.--
(1) Critical water planning areas shall be identified as provided under
subsection (a)(6). A regional committee may, in advance of the formal
adoption of a regional plan or the State water plan and if justified by
evidence developed in the planning process, recommend the designation
of a critical water planning area. Upon such recommendation, the
Statewide committee and secretary may designate the area for the
development of a critical area resource plan for any watershed or
watersheds within a critical water planning area pursuant to this
subsection.
(2) In preparing a critical area resource plan for a critical water
planning area, the regional committee shall establish a critical area
advisory committee. This committee shall be composed of persons
representative of appropriate governmental agencies, agricultural,
public water supply, industrial and other water users in the area,
conservation and environmental organizations and other persons who have
knowledge of, background in or an understanding of water resources
planning and management. The critical area advisory committee shall
evaluate policy, program and management alternatives and advise the
regional committee and department throughout the critical water area
planning process.
(3) For each critical water planning area identified and designated
under this subsection or subsection (a)(6), the regional committee
shall, in consultation with a critical area advisory committee, guide
the development of and recommend to the Statewide committee and
secretary and the department shall draft a critical area resource plan.
The regional committee may recommend to the department the engagement
of county or regional agencies or expert consulting firms to assist in
the process of preparing such a plan.
(4) A critical area resource plan shall be subject to review and
adoption through the same process as a regional plan as provided in
this section and section 3115 (relating to development, adoption,
amendment and periodic review of State water plan). Prior to final
recommendation by the regional committee to the Statewide committee, a
copy of the proposed critical area resource plan shall be submitted to
the official planning agency and governing body of each municipality in
the designated critical water planning area, the appropriate county
planning agency and regional planning agencies for review and comment
as to consistency with other plans and programs affecting the critical
water planning area, and each such agency and governing body shall be
provided 45 days to provide comments.
(5) The critical area resource plans shall include:
(i) An identification of existing and future reasonable and
beneficial uses.
(ii) A water availability evaluation, including a quantitative
assessment of the available water resources and their relationship to
the existing and future reasonable and beneficial uses.
(iii) An identification of the quantity of water available for new or
increased uses of water in the foreseeable future and an
identification of quantities required for future water uses
associated with planned projects or developments.
(iv) An assessment of water quality issues that have a direct and
substantial effect on water resource availability.
(v) A consideration of storm water and floodplain management within
the critical water planning area and their impacts on water quality
and quantity.
(vi) Identification of existing and potential adverse impacts on uses
or conflicts among users or areas of the critical water planning area
and identification of alternatives for avoiding or resolving such
conflicts.
(vii) An identification of practicable supply-side and demand-side
alternatives for assuring an adequate supply of water to satisfy
existing and future reasonable and beneficial uses.
(6) Critical area resource plans shall be construed as a component of
the State water plan and may be implemented voluntarily.
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