Water Rights
VERNON ACHENBACH, JR.
Lancaster Farming Staff
HARRISBURG (Dauphin
Co.) Pennsylvania agricultur
alists can expea to eventually have
to make a good case why they
should get water for crops and
livestock.
Abo, all residents can expect to
become more aware of from where
their water cornea, how much
watershed is needed for specific
communities and how much water
an individual can reasonably
expect to use in wet and dry
yews.
One of the four essential
requirements for human survival.
Pennsylvania’s water resources
have never been addressed in any
usable comprehensive or quantita
tive manner for planned use.
However, in light of increasing
occurances of non-potable, unde
sirable, or unreliable tap water
sources, and the lack of clear
guidelines for local and state offi
cials in managing water supplies,
efforts have been underway to
initiate changes in how the state’s
water is managed, possessed and
protected.
At least that's the gist of recom
mendations by the state Joint Legi
slative Air and Water Pollution
Control and Conservation
Committee.
The 18-member committee,
aided by a staff of four, last year
held several public hearings and
reviewed research in an attempt to
understand the effects of the stale's
use of old English law (riparian
law) to determine water rights.
Pennsylvania's water rights
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law* have been summarized as:
Whomever digs the deepest well,
uses the biggest pump and is furth
erest upstream, has the most rights
to the water.
That concept is on the way out
The committee, comprised of a
mix of legislators representing the
various watersheds throughout the
state, has issued a special report of
its findings and recommendations
for use by the state Legislature in
writing new water rights law.
Thoae
cally point to the need for water
rights laws which treat the state’s
water sources as renewable, but
limited, commonwealth property;
not a commodity available on
command by the biggest and
richest
Some of the problems which
exist are centered on the increasing
competition for water, particularly
groundwater, which is almost
completely unprotected from over
use and abuse.
Other potential problems,
though not singled out in the
report, include such things as the
lack of any requirement for new
housing to show that adequate,
potable water supplies exist for
proposed housing.
Currently, in Pennsylvania,
neither local municipal leaders,
nor state regulatory authorities,
can prevent such things as a hous
ing development being built with
out safe drinking water, or even
having enough water.
But in seemingly water-rich
Pennsylvania, the need for regulat
ory control on water either to
provide or deny has not been
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Pennsylvania
widely seen as being needed.
Until now.
Hie committee, in its report,
focused on the need for the state to
create a structure of legal guide
lines which people can use to
ensure the adequate and safe supp
ly of water for a variety of
purposes.
Questions of which agency or
authority would control water allo
cations in times of shortages needs
to be addressed also, according to
the report
btsi-
“Pennsylvania needs to
strengthen its water management
program," according to the
report’s introduction. "The com
mittee’s hearings and subsequent
report indicates that this will
involve complex issues and affect
all the users of water in
Pennsylvania.
"The recommmendations ...
should provide some guidance to
legislator and water managers who
will be working on this essential
program ”
Seven major recommendations
were issued by the committee to
the state legislature.
• The Department of Environ
mental Resources should revise
the State Water Plan for Pennsyl
vania. The department should also
update the plan regularly. The new
State Water Plan should guide
future decisions on the manage
ment and allocation of the state’s
water resources.
•To properly manage the
groundwater resources of Pennsyl
vania. legislation authorizing a
permit and registration program
for groundwater withdrawals
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Needs Much Work
should be considered by die Gen
eral Assembly. The legislation
should also include a water use
priority system and requirements
for identifying areas of the state
with critical water supply
problems.
• The committee believes that
all agricultural interest groups
should participate in the develop
ment of future water resources
management legislation and
programs.
• The committee supports the
inclusion of a comprehensive
drought management plan in any
water resources management
legislation. The committee also
believes that all major water users
in the state should be required to
develop a drought management
plan.
• Water conservation efforts
should be an integral part of Pen
nsylvania's water resources man
agement program. Water conser
vation efforts should include all
users of water, not just the residen
tial sector. And, the committee
supports legislation that would
required the use of water-efficient
plumbing fixtures throughout the
state.
• Groundwater and surface
water in Pennsylvania should be
managed and allocated as one
hydrologic unit Any future legis
lation or regulatory program
should recognize this conjunctive
use approach.
• The General Assembly should
sponsor a “Water Resources Con
ference” to extend the discussion
on water resources management
and help to develop a consensus on
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Lancaster FSnninQ, Saturday, May 1, 1992-A27
issues. The conference would be
an opportunity to discuss legisla
tive and regulatory proposals for
managing Pennsylvania’s water
resources.
That last recommendation has
already occured, in part.
A conference (or informational
meeting) was held April 8 and 9 in
the suite Capitol Building and was
attended by almost 80 people.
Speakers included Dr. Ronald
North, director of the Institute of
Natural Resources, University of
Georgia; George William Sherk, a
lawyer from Washington D.C.
well-versed on existing water
rights laws.
Also speaking were Ray Jay
Davis, a professor of law at Brigh
am Young University Law School
in Utah; and Richard Ilamann,
with the Center for Governmental
Responsibilities, of the College of
Law, University of Florida.
Panel discussions were held
both days.
The first day’s panel discussion
focused on state water resources
management programs and was
conducted by panel members
Robert Miller, deputy director fo
the Maryland Water Resources
Administration; Richard F.
Weeks, deputy executive director
for administration and police of the
Virginia State Water Control
Board; and also, Jim Japs, with the
Minnesota Water Allocation Prog
ram, part of the Minnesota Depart
ment of Natural Resources.
The second panel discussion
focused on water use in
Pennsylvania.
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