This webpage provides general information on the Water Allocation permitting process and does not replace any information in the guidance or policies.
The main purpose of the water allocation program is to ensure public water supply agencies have acquired sufficient water rights for present purposes and future needs while balancing protection of surface water resources and minimizing hydrologic alteration impacts during low flow conditions.
The Water Rights Act of 1939 (Act) states that public water supply agencies must obtain a water allocation permit when they withdraw water from a surface water source, or when they purchase water from another public water supply agency that obtains some supplied water from a surface source.
Activities Requiring Permits
Following is the list of public water supply agency activities which require water allocation permits:
- New surface water sources, including the relocation of the intake for existing sources.
- Additional quantity of water.
- Significant changes to the use of the water sources from when application was made.
- Purchase of surface waters from another public water supply agency.
- Change in service area.
Water Allocation Submittal Process
Any public water supply agency desiring to acquire water rights must first submit an application, setting forth such of the following information as may be applicable:
- The surface water from which the supply is proposed to be taken.
- The necessity for such new water rights, new source, or additional quantity.
- The amount of water which it is proposed to acquire for present purposes and future needs.
- The district, municipality, or political subdivision, and the population thereof, requiring the supply and the necessity for such acquisition.
- The plan for development or use of the water, including the capacities of any proposed impounding reservoirs.
- Such other or additional applicable information as the Department may require.
Water Allocation Review Process
After a Water Allocation permit application is submitted it is reviewed by the Bureau of Safe Drinking Water’s Permits Division. The Permits Division ensures that the application is complete. After the division checks for completeness, they begin to review the contents of the application. All questions in the application must be answered. Failure to answer all the questions in the application may result in the return of the application.
Please see the General Policy and Procedure for the Review of Water Allocation Permit for guidance on the Water Allocation permit review process.
Coordination With River Basin Commissions
Coordination of the application review process with the Delaware River Basin Commission (DRBC), the Susquehanna River Basin Commissions (SRBC) and the Great Lakes - St. Lawrence Regional Body is intended to avoid the need for applying to the commissions for approval, as well as the Department for a water allocation permit. Coordination with the river basin commissions is a two-step process. The application is forwarded to the commission upon acceptance. The commission reviews the application for compliance with their regulations and provides comments that are included and addressed by the Department when preparing the water allocation report. Along with their comments, the commission will indicate whether the project is subject to commission approval, depending upon the size and type of water allocation requested. If the project is subject to commission approval, a draft water allocation permit and report are forwarded to the commission for final action prior to issuance of a permit by the Department’s Regional Office.
Useful Links
Below are links that may be useful for water allocation permitting information: