

     § 3118.  Water use registration and reporting.
        (a)  Interim registration program.--Pending the adoption of
     regulations for registration and reporting under subsection (b),
     each public water supply agency and each hydropower facility,
     irrespective of the amount of withdrawal, and each person whose
     total withdrawal or withdrawal use from one or more points of
     withdrawal within a watershed operated as a system either
     concurrently or sequentially exceeds an average rate of 10,000
     gallons a day in a 30-day period shall register with the
     department the source, location and amount of withdrawal or use
     or both. Registrations shall be submitted not later than 12
     months after the effective date of this chapter or 30 days
     following the initiation of any such withdrawal or use,
     whichever is later. Registrations shall be submitted on forms as
     prescribed by the department.
        (b)  General rule; requirements for registration and
     reporting.--In order to provide accurate information for water
     resources planning, the department in consultation with the
     Statewide committee shall recommend and the Environmental
     Quality Board shall adopt regulations establishing requirements
     for the registration, periodic reporting and recordkeeping of
     withdrawals in accordance with the following provisions:
            (1)  Each public water supply agency and each hydropower
        facility, irrespective of the amount of withdrawal, and each
        person whose total withdrawal or withdrawal use from one or
        more points of withdrawal within a watershed operated as a
        system either concurrently or sequentially exceeds an average
        rate of 10,000 gallons a day in a 30-day period shall comply
        with recordkeeping and periodic reporting requirements
        established by regulation. Such regulations shall require
        water users subject to the registration requirements of this
        section to monitor, maintain records and submit to the
        department periodic reports regarding the source, location
        and amount of withdrawals or uses or both from surface waters
        and groundwaters, including the amount of consumptive and
        nonconsumptive uses, the locations and amounts of any waters
        returned and discharged and the amounts of water transferred
        between public water supply agencies via interconnections.
        Such regulations shall not require submission of periodic
        reports more frequently than annually. Where alternative
        methods exist to obtain a reasonably accurate evaluation of
        withdrawals or withdrawal uses, consumptive or nonconsumptive
        uses and return flows, such regulations shall allow for use
        of the alternative methods to obtain a reasonable estimate or
        indirect calculation of such in lieu of direct metering or
        measurement. With respect to withdrawal uses, other than
        public water supply agency withdrawals and hydropower
        facilities, involving a withdrawal of less than 50,000
        gallons per day in a 30-day period, the regulations shall
        provide for the use of alternative methods to obtain a
        reasonable estimate or indirect calculation of such in lieu
        of direct metering or measurement.
            (2)  The regulations may provide for the adjustment of or
        variations in registration, recordkeeping or periodic
        reporting requirements for identified classification of user
        or volume of withdrawal if such requirements are not
        necessary to obtain information required to adequately assess
        water uses, monitor demands and otherwise prepare accurate
        and complete regional and State water plans and, if
        applicable, critical area resource plans.
            (3)  The regulations shall include a process under which
        water users may document and register practices or projects
        that they have implemented to reduce water withdrawals or
        consumptive use, promote groundwater recharge or otherwise
        conserve or enhance water supplies for consideration and use
        in providing appropriate recognition and credit during the
        implementation of existing or future water supply programs.
            (4)  To avoid duplication of efforts, regulations
        implementing the periodic reporting requirements of this
        subsection shall provide that the requirements may be
        satisfied by the filing of discharge monitoring reports
        prepared under the Clean Streams Law, water supply reports
        prepared under the Safe Drinking Water Act, water withdrawal
        and use reports prepared and submitted pursuant to
        regulations adopted by the Delaware River Basin Commission
        and Susquehanna River Basin Commission, or other reports
        submitted under other applicable statutes and regulations, to
        the extent that the reports provide the required information.
            (5)  Nothing in this section shall be construed to
        authorize the department or the Environmental Quality Board
        to require metering of homeowner wells.
            (6)  Where a registered withdrawal is terminated or is
        reduced to an amount which over a 12-month period is less
        than the 30-day average threshold amounts requiring
        registration, the person responsible for such withdrawal may
        file a written notice with the department of such termination
        and reduction. After filing such notice, the person shall be
        relieved of further obligations relating to period reporting
        under this section.
            (7)  Persons required to register and report water
        withdrawals or uses under this section shall keep records
        required by regulation for a period of five years and make
        such records available for inspection by the department upon
        request.
            (8)  Registration of a withdrawal or use shall not be
        construed as a determination of a person's water rights or
        approval of a withdrawal or use by any agency of the
        Commonwealth or by a Compact Basin Commission.
        (c)  Confidentiality of information.--Information provided to
     the department under this section shall be subject to the
     provisions of section 3119 (relating to confidential
     information).

        Cross References.  Section 3118 is referred to in section
     3131 of this title.
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Last modified: November 27, 2007