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Show Chapter 38. PENNSYLVANIA CONTENTS Page 1. Development of Pennsylvania Water Law----------------------------------- 637 2. State Organizational Structure for Water Administration and Control__ 637 2.1 Administration of Water Rights________________________ 637 2.2 Resolution of Water Use Conflicts______________________ 638 2.3 Other Agencies Having Water Resource Responsibilities-------- 638 3. Surface Waters______......_________________________________ 643 3.1 Method of Acquiring Rights___________________________ 643 3.2 Nature and Limit of Rights___________________________ 644 3.3 Changes, Sales, and Transfers__________________________ 646 3.4 Loss of Rights______________________________________ 647 3.5 Storage Waters, Artificial Lakes, and Ponds______________ 647 3.6 Springs____________________________________________ 647 3.7 Diffused Surface Waters______________________________ 648 4. Ground Water______________________________________________ 649 Publications Available--------------------------------------------------------------- 650 DISCUSSION 1. Development of Pennsylvania Water Law Pennsylvania has a diversified agricultural, mining, and manu- facturing economy that-for a humid area-demands use of a rather substantial amount of water. This extensive water use has resulted in more water rights litigation than most Eastern States have ex- perienced. The Pennsylvania court has applied the reasonable use version of the riparian rights doctrine in resolving water right dis- putes over the use of water in surface watercourses; the "common enemy" rule for solving problems dealing with the disposal of dif- fused surface waters; and, so far as ground water is concerned, has distinguished underground streams from percolating ground waters. Riparian principles apply to subterranean streams and a modified "absolute ownership" rule (virtually akin to reasonable use) applies to percolating ground water. So far as legislation is concerned, the State has established a permit system to control water use by public water and power supply agencies, and has a number of statutes designed to protect navigation, to improve water quality, and to conserve and use water in accordance with balanced water planning. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights Pennsylvania has very little State administrative control in the areas of water rights. Riparian water rights and uses are not ad- ministered, but are subject to certain regulations, such as water quality standards and navigational controls. A department of en- vironmental resources was created in 1971 and given certain con- 637 |