Who needs a water allocation permit?

Public Water Supply Agencies need water allocation permits. The Water Rights Act of 1939 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. 

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. 

 

What is a public water supply agency?

The 1939 Water Rights Act defines public water supply agency to mean “any corporation or any municipal or quasi-municipal corporation, district, or authority, now existing or hereafter incorporated under the laws of the Commonwealth of Pennsylvania and vested with the power, authority, right, or franchise to supply water to the public in all or part of any municipal or political subdivision of the Commonwealth of Pennsylvania.” 32 P.S. § 631.  This definition includes most community water systems as defined in the Pennsylvania Safe Drinking Water Act, 35 P.S. § 721.1 and regulations 25 Pa. Code § 109.1.

 

What is a public water supply system? 

A public water system (PWS) is a system which provides water to the public for human consumption which has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. The term includes collection, treatment, storage and distribution facilities

under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under control of the operator which are used in connection with the system. The term also includes a system which provides water for bottling or bulk hauling for human consumption. Water for human consumption includes water that is used

for drinking, bathing and showering, cooking, dishwashing or maintaining oral hygiene.

 
 What is a passby flow and a conservation release?

 A passby flow is defined as the flow rate below which a withdraw cannot be allowed. 

A conservation release is defined as releases made from controlled water storage facility to maintain some amount of flow in the stream downstream from the facility. 

Passby flows and conservation release help ensure that aquatic ecosystems are protected (particularly during low flow periods). 

It should be noted that a passby flow or a conservation release may be required even if a public water system did not have one in their previous permit. In an effort to further protect the waters of the Commonwealth, passby flows and conservation releases are now being implemented to ensure year-round support of aquatic ecosystems. 

 

What is a subsidiary water allocation permit?

A subsidiary water allocation permit is a permit issued under the Water Right Act of 1939 to a public water supply agency authorizing the acquisition of water from another public water supply agency through an interconnection.

 

What are Water Rights?

Water rights are the right to take or divert water from any rivers, streams, natural lakes and ponds, or other surface waters within, or partly within and partly without, the Commonwealth of Pennsylvania.