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Show 638 PENNSYLVANIA solidated responsibilities relating to water that previously had been exercised by several State agencies. In general, it can be said that the department is now responsible for the management of water re- sources, outdoor recreation, and water pollution control. Since these duties relate to general water resource controls, rather than to ad- ministration of private water rights, they are discussed in section 2.3, infra. 2.2 Resolution of Water Use Conflicts Pennsylvania has no State administrative procedures designed for the express purpose of resolving conflicts between water users. Water use conflicts and disputes have been resolved by the courts. Most cases have involved disputes between individuals over the right to use water or to dispose of excess water, and relief awarded by the court has been by way of injunction to prevent interference with a land- owner's water right, or money damages to compensate for unlawful injury or impairment to water rights or uses. These cases, to the extent appropriate, are discussed in section 3.2, infra, relating to the nature of riparian water rights. 2.3 Other Agencies Having Water Resource Responsibilities Prior to creation of the department of environmental resources in 1971, a number of separate State agencies exercised some water resource responsibilities. Now, however, practically all of the im- portant State programs relating to water resources are within the jurisdiction of the department. Perhaps these responsibilities can best be explained with reference to the particular functions of the De- partment. a. PERMITS FOR PUBLIC WATER AND POWER SUPPLY Legislation was enacted in 1923, and subsequently amended in 1935, to provide for State regulation of water supply for power genera- tion purposes. In 1939, additional legislation was enacted relating to the allocation of water for public water supply. When the depart- ment of environmental resources was organized, it assumed the powers and duties previously exercised by the board of water resources re- lating to the control of water use by public water and power supply agencies under legislation adopted in 1939.1 No water right can be acquired by any public water or hydroelectric supply agency without first obtaining a permit from the department of environmental re- sources.2 An application must be submitted to the department along with information necessary to explain the proposed water use, and the department must grant the permit if it finds that the proposed use (1) is reasonably necessary for the present purposes and future needs of the applicant, (2) will not conflict with the rights of any other public water supply agency, and (3) will not interfere with navigation, jeopardize public safety, or cause substantial injury to the State.8 171 Purdon's Pa. Stat. Ann. Section 510.1 (1967). For convenience, the statutes •will hereafter be cited by volume and section numbers only. 8 32 P.S., sec. 636. 8 32 P.S., sec. 637. |