27 PA Cons Stat § 3112 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 27 - ENVIRONMENTAL RESOURCES|Chapter 31 - Water Resources Planning|Section 3112 - Plan contents

§ 3112. Plan contents.  (a) General rule.--The State water plan and regional plan shall include:  (1) An inventory of the surface water resources of each region of this Commonwealth, including an identification of the boundaries of significant watersheds and an estimate of the safe yield of such sources for withdrawal and nonwithdrawal uses during periods of normal conditions and drought.  (2) An inventory of the groundwater resources of each region of this Commonwealth, including an identification of aquifers and groundwater basins and an assessment of their safe yield, prime recharge areas, recharge capacity, withdrawal limits and relationship to stream base flows.  (3) An assessment and projection of existing and future nonwithdrawal use needs and the values of watercourses included within this Commonwealth or Federal wild and scenic river systems.  (4) An assessment and projection of existing and future withdrawal use demands.  (5) An identification of potential problems with water availability or conflicts among water uses and users.  (6) An identification of critical water planning areas comprising any significant hydrologic unit where existing or future demands exceed or threaten to exceed the safe yield of available water resources.  (7) An assessment of the current and future capabilities of public water supply agencies to provide an adequate quantity and quality of water to their service areas.  (8) An assessment of floodplain and storm water management problems.  (9) An assessment of navigation needs and the means for restoration, development and improvement of transportation by water.  (10) An assessment of the water resources required to serve areas with important or unique natural, scenic, environmental or recreational values of national, regional, local or Statewide significance, including national and State parks; designated wild, scenic and recreational rivers; national and State wildlife refuges; and the habitats of Federal and State endangered or threatened species.  (11) A process for identifying projects and practices that are being or have been implemented by water users that reduce the amount of water withdrawal or consumptive use, improve efficiency in water use, provide for reuse and recycling of water, increase the supply or storage of water or preserve or increase groundwater recharge and a recommended process for providing appropriate positive recognition of such projects or practices in actions, programs, policies, projects or management activities recommended under paragraph (16).  (12) An identification of practical alternatives for an adequate supply of water to satisfy existing and future reasonable and beneficial uses, including improved storage, groundwater recharge and surface water/groundwater conjunctive management programs.  (13) An assessment of both structural and nonstructural alternatives to address identified water availability problems, adverse impacts on water uses or conflicts between water users, including potential actions to develop additional or alternative supplies, conservation measures and management techniques.  (14) A review and evaluation of statutes, regulations, policies and institutional arrangements for the development, conservation, distribution and emergency management of water resources.  (15) A review and evaluation of water resources management alternatives and recommended programs, policies, institutional arrangements, projects and other provisions to meet the water resources needs of each region and of this Commonwealth.  (16) Proposed methods of implementing various recommended actions, programs, policies, projects or management activities.  (b) Considerations.--The State water plan and regional plans shall consider:  (1) The interconnections and relationships between groundwater and surface water as components of a single hydrologic resource.  (2) Regional water resources needs, objectives and priorities as identified and evaluated by the regional committee.  (3) Federal, State and interstate water resources policies, plans, objectives and priorities, including those identified in statutes, regulations, compacts, interstate agreements or comprehensive plans adopted by Federal and State agencies and Compact Basin Commissions.  (4) The needs and priorities reflected in comprehensive plans and zoning ordinances where one of the following conditions is satisfied:  (i) A county adopts a comprehensive plan in accordance with section 301 or 302 of the Municipalities Planning Code and municipalities in the county have adopted comprehensive plans and zoning ordinances in accordance with sections 301, 303(d) and 603(j) of the Municipalities Planning Code.  (ii) Municipalities have adopted a county plan or a multimunicipal plan under Article XI of the Municipalities Planning Code and the participating municipalities have conformed their local plans and ordinances to the county or multimunicipal plan by implementing cooperative agreements and adopting appropriate resolutions and ordinances.  (iii) A county adopts a comprehensive plan in accordance with section 301 or 302 of the Municipalities Planning Code and either:  (A) the county has adopted and is administering, in lieu of municipalities in the county, a county comprehensive plan and county zoning ordinance in accordance with sections 301, 303(d) and 603(j) of the Municipalities Planning Code; or  (B) the county has adopted a county comprehensive plan in accordance with section 301 or 302 of the Municipalities Planning Code which is in effect, in lieu of comprehensive plans adopted by municipalities in the county, and municipalities in the county have adopted zoning ordinances generally consistent with such county comprehensive plan in accordance with sections 303(d) and 603(j) of the Municipalities Planning Code.  (5) The water quantity and quality necessary to support reasonable and beneficial uses.  (6) A balancing and encouragement of multiple uses of water resources, recognizing that all water resources of this Commonwealth are capable of serving multiple uses and human needs, including multiple uses of water resources for reasonable and beneficial uses.  (7) The distinctions between short-term and long-term conditions, impacts, needs and solutions to ensure appropriate and cost-effective responses to water resources issues.  (8) The benefits and costs and social and environmental impacts of alternative policies, programs, projects and actions.  (9) Application of the principle of equal and uniform treatment of all water users that are similarly situated and all users of related facilities without regard to established political boundaries.  (c) Balancing of considerations.--In approving, recommending and adopting the State water plan, the Statewide committee and secretary shall provide serious and deliberative consideration to regional priorities, objectives and recommendations expressed by the regional committees, reconcile differences or conflicts among regional plans and assure that the regional plans and State water plan adequately consider and reflect Federal, State and Compact Basin Commission policies, plans, objectives and priorities of national, Statewide or interstate importance.  (d) Designation of critical water planning areas and preparation and approval of critical area resource plans.--  (1) Critical water planning areas shall be identified as provided under subsection (a)(6). A regional committee may, in advance of the formal adoption of a regional plan or the State water plan and if justified by evidence developed in the planning process, recommend the designation of a critical water planning area. Upon such recommendation, the Statewide committee and secretary may designate the area for the development of a critical area resource plan for any watershed or watersheds within a critical water planning area pursuant to this subsection.  (2) In preparing a critical area resource plan for a critical water planning area, the regional committee shall establish a critical area advisory committee. This committee shall be composed of persons representative of appropriate governmental agencies, agricultural, public water supply, industrial and other water users in the area, conservation and environmental organizations and other persons who have knowledge of, background in or an understanding of water resources planning and management. The critical area advisory committee shall evaluate policy, program and management alternatives and advise the regional committee and department throughout the critical water area planning process.  (3) For each critical water planning area identified and designated under this subsection or subsection (a)(6), the regional committee shall, in consultation with a critical area advisory committee, guide the development of and recommend to the Statewide committee and secretary, and the department shall draft, a critical area resource plan. The regional committee may recommend to the department the engagement of county or regional agencies or expert consulting firms to assist in the process of preparing such a plan.  (4) A critical area resource plan shall be subject to review and adoption through the same process as a regional plan as provided in this section and section 3115 (relating to development, adoption, amendment and periodic review of State water plan). Prior to final recommendation by the regional committee to the Statewide committee, a copy of the proposed critical area resource plan shall be submitted to the official planning agency and governing body of each municipality in the designated critical water planning area, the appropriate county planning agency and regional planning agencies for review and comment as to consistency with other plans and programs affecting the critical water planning area, and each such agency and governing body shall be provided 45 days to provide comments.  (5) The critical area resource plans shall include:  (i) An identification of existing and future reasonable and beneficial uses.  (ii) A water availability evaluation, including a quantitative assessment of the available water resources and their relationship to the existing and future reasonable and beneficial uses.  (iii) An identification of the quantity of water available for new or increased uses of water in the forseeable future and an identification of quantities required for future water uses associated with planned projects or developments.  (iv) An assessment of water quality issues that have a direct and substantial effect on water resource availability.  (v) A consideration of storm water and floodplain management within the critical water planning area and their impacts on water quality and quantity.  (vi) Identification of existing and potential adverse impacts on uses or conflicts among users or areas of the critical water planning area and identification of alternatives for avoiding or resolving such conflicts.  (vii) An identification of practicable supply-side and demand-side alternatives for assuring an adequate supply of water to satisfy existing and future reasonable and beneficial uses.  (6) Critical area resource plans shall be construed as a component of the State water plan and may be implemented voluntarily.  Cross References. Section 3112 is referred to in sections 3102, 3111, 3114, 3115 of this title.