16 Pa. Stat. § 1999c

Current through P.A. Acts 2024-18
Section 1999c - Appropriations for reservoirs and water resources
(a) The board of commissioners may borrow, appropriate and expend money for the construction, acquisition by purchase, lease or otherwise, operation and maintenance of dams, reservoirs, wells and other facilities for the utilization of surface, subsurface, and ground water resources and all related structures, appurtenances and equipment necessary for the use of said dams, reservoirs, wells and other facilities, and may acquire by purchase, lease, gift, or the exercise of power of eminent domain, sites for the same: Provided, That the board of commissioners shall obtain a permit from the Department of Environmental Protection whenever such permit is required by law: And provided further, That the board of commissioners shall not acquire by the exercise of power of eminent domain the property of a public utility subject to the jurisdiction of Pennsylvania Public Utility Commission or the Federal Energy Regulatory Commission.
(b) The board of commissioners may enter into agreements for the regulation of withdrawals and diversions of waters from said dams, reservoirs, wells and other facilities, and the sale of the same, subject to approval of State, Federal or interstate agencies which may have primary jurisdiction over water resources. Dams, wells and reservoirs acquired by purchase, lease or otherwise, or constructed by the commissioners may be for the sole purpose of water supply or in conjunction with any other purposes, except the generation of electric energy.
(c) The board of commissioners may enter into contracts or long-range cooperative programs with State, Federal, interstate and local government agencies or public utilities for the development and use of the county's water resources.
(d) It shall be lawful for any county to execute such agreements and contracts as it may deem necessary or advisable with an authority organized by such county to provide, design, acquire, hold, construct, improve, own, lease, as lessor or lessee, maintain and operate dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and ground water resources and all related structures, appurtenances and equipment necessary for the use of the same; also to grant, convey, lease, transfer, encumber, mortgage and pledge to such authority, its dams, reservoirs, wells and related facilities and any improvements and additions thereto; to assign and pledge to such authority rentals, rates and charges charged and collected by it for the use thereof and to assign to such authority its power to collect the same. No such agreement, contract, grant, conveyance, lease, assignment, encumbrance, mortgage or pledge shall be construed to prevent the affected county from thereafter using its tax revenues for the purpose of maintaining, repairing, altering, inspecting or improving such dams, reservoirs, wells and related facilities.

(e) Any county may enter into an agreement and contract for the sale of water to any other municipality, authority or public utility at reasonable and uniform rates to be determined exclusively by it.

16 P.S. § 1999c

Amended by P.L. TBD 2018 No. 154, § 68, eff. 12/24/2018.
1955, Aug. 9, P.L. 323, art. XIX, § 1999c, added 1965, Oct. 21, P.L. 644, § 1. Amended 1971, July 29, P.L. 248, No. 60, § 1.