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Plan contents - 27 Pa. Cons. Stat. § 3112Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 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
forseeable 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.
Cross References. Section 3112 is referred to in sections
3102, 3111, 3114, 3115 of this title.
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Last modified: November 27, 2007 |