Pennsylvania Act 1923-186 — FORESTS, WATER RIGHTS

Act text

FORESTS, WATER RIGHTS
                  Act of May 21, 1923, P.L. 290, No. 186              Cl. 32
                                  AN ACT

     Authorizing the Department of Forestry to grant, on terms,
        conditions, and stipulations, rights to occupy and use any
        portions of the State forests for dams, reservoirs, canals,
        pipe lines, and other water conduits, for certain water
        supply purposes; and providing remedies for violations of
        this act, or regulations or orders hereunder, or of such
        terms, conditions, or stipulations; and providing for
        revocation of the grant in certain cases.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Department of Forestry and the Commissioner of
            Forestry by Act 186 of 1923.
        Section 1.  Be it enacted, &c., That the Department of
     Forestry is hereby authorized, in its discretion, to grant the
     right to occupy and use any portions of the State forests for
     use as sites for dams, other water obstructions, reservoirs,
     canals, pipe lines, and other water conduits, for supplying
     water otherwise than for steam condensation. Every such grant
     shall be on such terms, conditions, and stipulations as the
     department shall deem necessary for the protection of the
     present and future interests of the Commonwealth and its people,
     and suitable for affording a reasonable opportunity for a fair
     return on the actual investment, prudently made, on the faith of
     such grant.
        Section 2.  That the Attorney General may, on the request of
     the Water Supply Commission, institute proceedings in any court,
     now or hereafter clothed with jurisdiction in cases in which the
     Commonwealth is a party, for the purpose of revoking, for
     violation of its terms, any permit issued hereunder; or for the
     purpose of remedying or correcting, by injunction, mandamus, or
     other process, any action of commission or omission in violation
     of the provisions of this act or any lawful regulation or order
     promulgated hereunder. The said courts shall have jurisdiction
     over all the above-mentioned proceedings, and shall have power
     to issue and execute all necessary process, and to make and
     enforce all rights, orders, and decrees to compel compliance
     with the law, orders, and regulations of the Commissioner of
     Forestry in respect of any so permitted dam, water obstruction,
     or appurtenant works, and to compel the performance of any
     condition imposed under the provisions of this act. In the event
     a decree revoking a permit is entered, the court is empowered to
     sell the whole or any part of the dam or other water
     obstruction, together with any or all appurtenant works, lands,
     and water rights; to wind up the business of such permittee
     conducted in connection with such dam or water obstruction; to
     distribute the proceeds to the parties entitled to the same; and
     to make and enforce such further orders and decrees as equity
     and justice may require. At such sale or sales the vendee shall
     take the rights and privileges belonging to the permittee, and
     shall perform the duties of such grantee and assume all
     outstanding obligations and liabilities of the grantee which the
     court may deem equitable in the premises.