Water Rights and Water Use for Ponds in Pennsylvania

Key points

• DefinitionA DEP information sheet states that water flowing in defined watercourses is treated under the riparian doctrine: rights arise from owning land underlying or bordering a stream, a riparian right is a right to use water flowing in a stream on riparian land, and no right to divert a specific quantity of water is obtained.

  DEP, "Can I Use Water From This Stream?" Riparian Doctrine Information, items 1-3 [1]
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  Water flowing in defined watercourses is treated under riparian doctrine1. ... Rights arise from ownership of real property underlying or bordering a stream or river. ... A riparian right is the right to use water flowing in a stream on riparian land. No right to divert a specific quantity of water is obtained.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• DefinitionPennsylvania's Water Rights Law (Act 365 of 1939) defines 'water rights' as the right to take or divert water from rivers, streams, natural lakes and ponds, or other surface waters, and its permit requirement for acquiring new water rights or a new source of supply is imposed on a 'public water supply agency' (a corporation, municipal or quasi-municipal body, district or authority vested with power to supply water to the public).

  Act of June 24, 1939, P.L. 842, No. 365 (Water Rights Law), §§ 1(b), 1(e), 6 [2]
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  "Public water supply agency" shall mean any corporation or any municipal or quasi-municipal corporation, district, or authority, ... vested with the power, authority, right, or franchise to supply water to the public ... "Water rights" shall mean the right to take or divert water from any rivers, streams, natural lakes and ponds, or other surface waters ... Any such public water supply agency desiring to acquire new water rights, a new source of water supply, ... shall make application to the board for a permit

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• Size cutoffDEP water-use registration is required for each person whose total withdrawal from a point of withdrawal, or from multiple points of withdrawal operated as a system (concurrently or sequentially) within a watershed, exceeds an average rate of 10,000 gallons per day in any 30-day period. Owners of public water supply agencies and hydropower facilities must also register, with no volume threshold stated for them.

  Applies when: Withdrawals (e.g., pumping from a stream, well or pond for irrigation or pond filling) averaging more than 10,000 gpd over any 30 days 25 Pa. Code § 110.201(1)-(3) [3]
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  The following persons shall register the information specified in § 110.203 (relating to content of registration) with the Department: ... (1) Each owner of a public water supply agency. ... (2) Each owner of a hydropower facility. ... (3) Each person whose total withdrawal from a point of withdrawal, or from multiple points of withdrawal operated as a system either concurrently or sequentially, within a watershed exceeds an average rate of 10,000 gallons per day in any 30-day period.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• DefinitionUnder the Water Resources Planning Act's definitions (27 Pa.C.S. § 3102), 'surface water' expressly includes water in a lake, reservoir, pond, spring or wetland, and diffused surface water, 'whether such body of water is natural or artificial'; 'withdrawal' means removing or taking water from any water resource, whether or not it is returned.

  27 Pa.C.S. § 3102 (definitions of "Surface water" and "Withdrawal") [4]
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  "Surface water." Water on the surface of the earth, including water in a perennial or intermittent watercourse, lake, reservoir, pond, spring, wetland, estuary, swamp or marsh, or diffused surface water, whether such body of water is natural or artificial. ... "Withdrawal." The removal or taking of water from any water resource, whether or not returned to the water resource.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• RequirementDEP's pond FAQ says that a water withdrawal intake in a pond may require a Water Obstruction and Encroachment Permit, and that depending on the amount and purpose of the withdrawal, approvals may be needed from DEP's Safe Drinking Water Program or the applicable river basin commission (SRBC or DRBC); in any case, withdrawals may not be of such rate or volume as to dry up or otherwise degrade the water resource.

  Applies when: Installing an intake to withdraw water from a pond DEP, Introduction to Ponds and Chapter 105 (FAQ: "Do I need a permit for a water withdrawal intake in my pond?") [5]
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  Do I need a permit for a water withdrawal intake in my pond? ... A Water Obstruction and Encroachment Permit may be required. ... In addition, depending on the amount of water proposed to be withdrawn and the purpose of the withdrawal, approvals may be needed from the DEP Safe Drinking Water Program or the applicable river basin commissions, such as the Susquehanna River Basin Commission and the Delaware River Basin Commission. In any case, water withdrawals may not be of such rate or volume so as to dry up a water resource or otherwise degrade the water resource.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementFor an off-stream pond, DEP states that if an intake pipe or channel is proposed to convey water from a watercourse to the pond, a permit may be required for the intake, such as Chapter 105 General Permit 4 (GP-4).

  Applies when: Filling an off-stream pond from a stream via a pipe or channel DEP, Introduction to Ponds and Chapter 105 ("Off-Stream Ponds - Intakes") [5]
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  Intakes - If an intake pipe or channel is proposed to convey water from a watercourse to an off-stream pond, a permit may be required for the intake, such as General Permit 4.

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• DefinitionPennsylvania's Water Resources Planning Act defines a 'basin' as the watershed of one of five major river/hydrologic systems in the Commonwealth: the Delaware River, the Great Lakes, the Ohio River, the Potomac River and the Susquehanna River.

  27 Pa.C.S. § 3102 (definition of "Basin") [4]
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  "Basin." The watershed of one of the following major rivers or hydrologic systems: the Delaware River, the Great Lakes, the Ohio River, the Potomac River and the Susquehanna River.

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Riparian and groundwater rights

DEP's riparian doctrine sheet says a riparian owner may use all the water necessary for domestic use (drinking, bathing, cooking, laundry, livestock watering and other uses essential to the preservation of life and health), and domestic uses have priority when flow is insufficient to maintain all domestic and non-domestic uses. Non-domestic uses on riparian land, such as irrigation, industrial and commercial uses, are subject to the "reasonable use" doctrine, under which use may cause some diminution of streamflow so long as other riparians are not "unreasonably" harmed. The sheet says riparian water rights disputes are resolved through the courts (County Common Pleas). [1]

The same sheet says rights to use water off riparian land may be acquired by public water supply agencies through a DEP surface water allocation permit under the 1939 Water Rights Act. [1]

For percolating groundwater, a February 2006 DEP Office of Chief Counsel presentation says a landowner may withdraw all the groundwater beneath the land for "natural and ordinary" uses on the land, with no liability for a lawful-purpose withdrawal unless malicious or negligent use causes foreseeable harm to a neighbor's use. The same presentation says off-land uses that interfere with other users are unreasonable and unlawful per se, and that the water right is not quantified. [15]

The Water Resources Planning Act says it does not authorize, diminish or expand DEP's existing authority to regulate, control or require permits for the withdrawal or use of water, and that nothing in it, its regulations or the State water plan authorizes DEP to interfere with or impose additional conditions on the use or operation of any existing reservoir or water storage facility. It also says no political subdivision has any power to allocate water resources or to regulate the location, amount, timing, terms or conditions of any water withdrawal by any person. That limit does not affect a municipality's power to adopt and enforce emergency-management ordinances or to regulate land use under the Pennsylvania Municipalities Planning Code or other laws, and municipalities keep authority conferred by other statutes over mandatory connection to and use of available public water supplies and over the prohibition or regulation of withdrawals from particular sources of water that may be contaminated. [4]

• RequirementPer the same DEP sheet, a riparian owner may use all water necessary for domestic use (drinking, bathing, cooking, laundry, livestock watering, and other uses essential to the preservation of life and health), and domestic uses have priority when flow is insufficient to maintain all domestic and non-domestic uses; non-domestic uses such as irrigation, industrial and commercial uses on riparian land are subject to the 'reasonable use' doctrine, which may cause some diminution of streamflow so long as other riparians are not 'unreasonably' harmed. Riparian water rights disputes are resolved through the courts (County Common Pleas).

  Applies when: Use of water from a stream by the owner of land bordering or underlying it DEP, "Can I Use Water From This Stream?" Riparian Doctrine Information, items 7-9 [1]
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  A riparian may use all water necessary for domestic use (drinking, bathing, cooking, laundry, livestock watering, and other uses essential to the preservation of life and health). If there is insufficient flow to maintain all domestic and non-domestic uses, domestic uses have priority. ... Non-domestic uses including irrigation, industrial, and commercial uses on riparian land are subject to the reasonable use doctrine. ... may cause some diminution of streamflow so long as other riparians are not "unreasonably" harmed. ... disputes are resolved through the courts (County Common Pleas).

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementThe DEP sheet states that rights to use water off riparian land may be acquired by public water supply agencies by obtaining a surface water allocation permit from DEP under the 1939 Water Rights Act, and that the nonessential-use prohibitions in 4 Pa. Code Chapter 119 apply to riparian users within a designated drought emergency area.

  DEP, "Can I Use Water From This Stream?" Riparian Doctrine Information, note and item 6 [1]
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  PLEASE NOTE: The nonessential use prohibitions contained in 4 Pa. Code ... Chapter 119 apply to riparian users within the designated drought ... emergency area. ... Rights to use water off riparian land may be acquired by public water supply agencies by ... obtaining a surface water allocation permit from the Department pursuant to the 1939 ... Water Rights Act.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• DefinitionThe same 2006 DEP presentation describes percolating groundwater law: a landowner may withdraw all groundwater beneath the land for 'natural and ordinary' (beneficial) uses on the land under the 'doctrine of reasonable user' (no liability for a lawful-purpose withdrawal unless malicious or negligent use causes foreseeable harm to a neighbor's use), while off-land uses that interfere with other users are unreasonable and unlawful per se, and there is no quantification of the water right.

  Applies when: Pond filled or supplied from a well (percolating groundwater) DEP Office of Chief Counsel, "A Short Review of Pennsylvania Water Law" (Feb. 2006), slides 10-11 [15]
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  Landowner may withdraw all groundwater ... beneath his land ... For “natural and ordinary” uses (“beneficial uses”) ... located on the land ... “Doctrine of reasonable user” – if used for a ... lawful purpose, no liability for withdrawal ... Unless malicious or negligent use and causes ... foreseeable harm to neighbor’s use ... Off-land uses are unreasonable and unlawful ... per se if interfere with other users ... No quantification of water right

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• The Water Resources Planning Act states that it does not authorize, diminish or expand DEP's existing authority to regulate, control or require permits for the withdrawal or use of water, and that nothing in the chapter, its regulations or the State water plan authorizes DEP to interfere with or impose additional conditions upon the use or operation of any existing reservoir or water storage facility.

  27 Pa.C.S. § 3136(a), (a)(2) [4]
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  Nothing contained in this chapter shall be construed to authorize, diminish or expand the existing authority of the department, including the Environmental Quality Board, to regulate, control or require permits for the withdrawal or use of water. ... nothing set forth in this chapter, any regulations adopted under this chapter or in the State water plan shall authorize the department to take any action to: ... Interfere with or impose additional conditions upon the use or operation of any existing reservoir or water storage facility.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• Under the Water Resources Planning Act, no political subdivision has any power to allocate water resources or to regulate the location, amount, timing, terms or conditions of any water withdrawal by any person. This does not affect a municipality's power to adopt and enforce emergency-management ordinances under 35 Pa.C.S. Pt. V or to regulate the use of land under the Pennsylvania Municipalities Planning Code or other laws, and municipalities keep authority conferred by other statutes over mandatory connection to and use of available public water supplies and the prohibition or regulation of withdrawals from particular sources of water that may be contaminated.

  27 Pa.C.S. § 3136(b)-(c) [4]
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  no political subdivision shall have any power to allocate water resources or to regulate the location, amount, timing, terms or conditions of any water withdrawal by any person. ... Nothing in subsection (b) shall affect the power of any municipality to adopt and enforce ordinances pursuant to 35 Pa.C.S. Pt. V ... or regulate the use of land pursuant to the Pennsylvania Municipalities Planning Code or other laws. ... mandatory connection to and use of available public water supplies; and ... the prohibition or regulation of withdrawals from particular sources of water that may be contaminated

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Statewide registration and reporting (Chapter 110)

Chapter 110 defines "average rate" as the total gallons withdrawn or used during a period divided by the number of days in it, and a "system" as two or more adjacent or geographically proximate points of withdrawal operated concurrently or sequentially for use in a common operation. Owners of public water supply agencies and hydropower facilities must also register, with no volume threshold stated for them, and each person obtaining water through interconnection with another person must register above an average of 100,000 gpd in any 30-day period, or above an average of 10,000 gpd in any 30-day period within a designated critical water planning area. [3]

Registration is due by March 16, 2004, or 30 days after a water withdrawal or withdrawal use subject to registration begins, whichever is later; because March 16, 2004 has passed, a withdrawal or withdrawal use subject to registration that begins now must be registered within 30 days after it begins. Registration is made on DEP forms that include registrant identification and description information and, for each source, its name, description, location and the amount of water withdrawn or obtained through interconnection. DEP's registration page says registration is submitted online, with a separate submission for each source of water, and that persons below the thresholds may register voluntarily; the page also links documents for estimating agricultural water use to decide whether registration is needed. [3][16]

DEP's registration page says registrants must report water use annually and keep records for at least 5 years. Under Chapter 110, for users other than public water supply agencies, including agricultural users and golf courses, the report is due June 30 for the preceding calendar year and includes consumptive and nonconsumptive use amounts and the locations and amounts of water returned or discharged; agricultural reports also include irrigation water use, animal water use and water storage information. [3][16]

A person whose total withdrawal from a point of withdrawal, or from multiple points operated as a system, within a watershed equals or exceeds an average of 50,000 gpd in any 30-day period must measure or calculate withdrawals by a continuous-recording device, flow meter or other method accurate to within 5 percent of actual flow, and consumptive uses by a method accurate to within 10 percent of actual flow. Registrants below that level that are subject to annual reporting, or are voluntary registrants, must measure or calculate their withdrawals or uses by a method based on established scientific principles, design or manufacturer's product specifications, or research results. [3]

Chapter 110 says registration is not a determination of a person's water rights and is not an approval of the withdrawal or use by DEP, another Commonwealth agency or a compact basin commission (SRBC or DRBC). [3]

• DefinitionChapter 110 defines 'average rate' as total gallons withdrawn or used during a period divided by the number of days in the period, and a 'system' as two or more points of withdrawal that are adjacent or geographically proximate and operated concurrently or sequentially for use in a common operation.

  25 Pa. Code § 110.1 (definitions of "Average rate" and "System") [3]
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  Average rate—Total quantity in gallons of water withdrawn or used during a period of time divided by the number of days in the period. ... System—Two or more points of withdrawal that are adjacent or geographically proximate to each other, operated concurrently or sequentially for use in a common operation.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• Size cutoffPersons who obtain water through interconnection with another person must register if the amount exceeds an average of 100,000 gallons per day in any 30-day period, or 10,000 gallons per day in any 30-day period within a designated critical water planning area.

  Applies when: Pond filled with purchased water (e.g., from a public water system) 25 Pa. Code § 110.201(4)-(5) [3]
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  (4) Each person who obtains water through interconnection with another person in an amount that exceeds an average rate of 100,000 gallons per day in any 30-day period. ... (5) Within an area designated as a critical water planning area, each person who obtains water through interconnection with another person in an amount that exceeds an average rate of 10,000 gallons per day in any 30-day period.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessA registration must be submitted to DEP by March 16, 2004, or 30 days following initiation of a water withdrawal or withdrawal use subject to the registration requirement, whichever is later. Because March 16, 2004 has passed, a withdrawal or withdrawal use subject to the registration requirement that begins now must be registered within 30 days following its initiation. The registration must be on DEP-prescribed forms and include registrant identification and description information and, for each source, its name, description and location and the amount of water withdrawn or obtained through interconnection with another person.

  25 Pa. Code §§ 110.202, 110.203 [3]
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  Registrations shall be submitted to the Department by March 16, 2004, or 30 days following initiation of a water withdrawal or withdrawal use subject to § 110.201 (relating to registration requirement), whichever is later. ... A registrant shall provide information, on forms prescribed by the Department ... including: ... (1) Registrant identification and description information. ... (2) For each source: ... (i) Name, description and location. ... (ii) Amount of water withdrawn or obtained through interconnection with another person

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessDEP's registration page states that registration is submitted online with a separate online submission for each source of water, that registrants must report water usage annually and keep records at least 5 years, that persons below the thresholds may register voluntarily, and it links documents for estimating agricultural water use to determine whether registration is needed.

  Applies when: Withdrawals above the 25 Pa. Code § 110.201 thresholds DEP, Water Withdrawal Registration & Reporting web page [16]
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  Any person not meeting the aforementioned reporting requirements may voluntarily register and report their withdrawals and usage to DEP. ... Registrants must annually report their water usage and other information and retain records for at least 5 years. ... Access the link below to submit an Online registration. A separate online submission is required for each source of water. ... Several documents are available for estimating agricultural water use in determining the need to register and for annual reporting:

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementRegistrants other than public water supply agencies (including agricultural users and golf courses) must file an annual report with DEP by June 30 covering the preceding calendar year, including consumptive and nonconsumptive use amounts and the locations and amounts of water returned or discharged; agricultural reports include irrigation water use, animal water use and water storage information.

  Applies when: Registered withdrawals 25 Pa. Code §§ 110.301-110.305 [3]
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  (2) June 30—Any user except a public water supply agency, including: ... (v) Agricultural user. ... (vi) Golf course user. ... Reports must provide information for the calendar year preceding the date of submission. ... (2) Amount of consumptive and nonconsumptive uses. ... (3) Locations and amounts of any waters returned or discharged. ... (6) Agriculture. ... (i) Irrigation water use. ... (ii) Animal water use. ... (iii) Water storage information.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• RequirementMetering: a person whose total withdrawal from a point of withdrawal, or from multiple points operated as a system, within a watershed equals or exceeds an average of 50,000 gallons per day in any 30-day period must measure or calculate withdrawals by a continuous-recording device, flow meter or other method accurate to within 5% of actual flow, and consumptive uses by a means or method accurate to within 10% of actual flow. A registrant who is subject to annual reporting (or is a voluntary registrant) but is below that level must measure or calculate its withdrawals or uses by a means or method based upon established scientific principles, design or manufacturer's product specifications, or research results.

  25 Pa. Code § 110.501(c), (e) [3]
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  Each person whose total withdrawal from a point of withdrawal, ... within a watershed equals or exceeds an average rate of 50,000 gallons per day in any 30-day period ... shall measure or calculate: ... by means of a continuous-recording device or flow meter or other method, accurate to within 5% of actual flow. ... Consumptive uses by a means or method accurate to within 10% of actual flow. ... shall measure or calculate the withdrawals or uses by a means or method, which is based upon established scientific principles, design or manufacturer’s product specifications, or research results.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• StatusRegistration under Chapter 110 is not a determination of a person's water rights and is not an approval of the withdrawal or use by DEP, any other Commonwealth agency or a compact basin commission (SRBC/DRBC).

  25 Pa. Code § 110.6; see also 27 Pa.C.S. § 3118(b)(8) [3]
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  Registration under this chapter will not be construed as either a determination of a person’s water rights or approval of a withdrawal or use by the Department, another agency of the Commonwealth or a compact basin commission.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

Susquehanna River Basin Commission (SRBC)

SRBC says the Susquehanna River Basin drains 27,510 square miles, covering half the land area of Pennsylvania plus parts of New York and Maryland. SRBC review and approval is required before undertaking a project initiated on or after January 23, 1971 with consumptive use averaging 20,000 gpd or more in any consecutive 30-day period, or a project withdrawing a consecutive 30-day average of 100,000 gpd or more from groundwater (initiated on or after July 13, 1978), surface water (on or after November 11, 1995) or a combination of sources (after January 1, 2007). [6][8]

SRBC defines consumptive use as the loss of water transferred through a manmade conveyance system due to transpiration by vegetation, incorporation into products, evaporation, subsurface injection, diversion from the basin or any other process by which the water is not returned to the basin's waters undiminished in quantity; its definition of surface water includes water in a pond, whether natural or artificial. [8]

SRBC defines agricultural water use as water use associated primarily with raising food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock and poultry, including aquaculture, and its regulation exempts agricultural water use projects from the consumptive-use review requirement so long as the Commission determines that member-state low flow augmentation projects provide sufficient mitigation; an agricultural project that diverts basin water remains subject to that review unless the property, or contiguous parcels, is at least partially within the basin. SRBC's August 2024 fact sheet says consumptive water use for agricultural purposes is not currently subject to Commission review or approval, and encourages a pre-application meeting with Project Review staff to determine whether a project should be regulated and, if so, what type of application is required. [8][14]

Sponsors whose consumptive use is subject to SRBC review must mitigate it by one or a combination of options, such as reducing withdrawals and using approved alternative storage during Commission-designated low flow periods, releasing stored water for flow augmentation, discontinuing the consumptive use (which may include cutting it below 20,000 gpd during low flow), or paying SRBC for all water consumptively used over a year. For such projects, SRBC's August 2020 fact sheet says that, under its policy and current practice, evaporation from an irrigation storage pond (like a golf course's), a snowmaking storage pond, an ornamental pond or a natural pond is not included in the project's consumptive use and mitigation requirements, while reservoirs at pumped-storage hydroelectric facilities and certain quarry ponds must still count evaporation in consumptive use and mitigation requirements. [8][17]

SRBC's fee schedule effective January 1, 2026 exempts agricultural projects, as defined in 18 CFR 806.3, from the fees set in that schedule. For other sponsors, the standard consumptive-use application fee for 20,000-99,999 gpd is $3,512 ($2,810 municipal), the standard annual compliance and monitoring fee for a withdrawal, consumptive use or diversion approval is $1,082, and the consumptive use mitigation fee is $0.33 per 1,000 gallons consumed. [18]

• AgencyThe Susquehanna River Basin drains 27,510 square miles, covering half the land area of Pennsylvania plus portions of New York and Maryland, and includes all or portions of 66 counties.

  SRBC fact sheet, "Susquehanna River Basin Facts" (Oct. 2016) [6]
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  Drains 27,510 square miles, covering half the land area of ... Pennsylvania and portions of New York and Maryland. ... Includes all or portions of 66 counties.

  Open Susquehanna River Basin Commission (opens in a new tab)

• Size cutoffIn the Susquehanna River Basin, no person may undertake, without prior SRBC review and approval, any project initiated on or after January 23, 1971 involving a consumptive water use averaging 20,000 gallons per day or more in any consecutive 30-day period.

  Applies when: Project located in the Susquehanna River Basin 18 CFR 806.4(a)(1)(i) [8]
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  no person shall undertake any of the following projects without prior review and approval by the Commission. ... (i) Any project initiated on or after January 23, 1971, involving a consumptive water use of an average of 20,000 gallons per day (gpd) or more in any consecutive 30-day period.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• Size cutoffSRBC approval is also required for any project initiated on or after July 13, 1978 (groundwater) or November 11, 1995 (surface water) that withdraws a consecutive 30-day average of 100,000 gallons per day or more from a groundwater or surface water source, or any project initiated after January 1, 2007 withdrawing that amount from a combination of sources.

  Applies when: Withdrawals in the Susquehanna River Basin 18 CFR 806.4(a)(2)(i) [8]
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  (i) Any project initiated on or after July 13, 1978 for groundwater or November 11, 1995 for surface water withdrawing a consecutive 30-day average of 100,000 gpd or more from a groundwater or surface water source, or any project initiated after January 1, 2007 withdrawing a consecutive 30-day average of 100,000 gpd or more from a combination of sources.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• ExemptionSRBC's regulations exempt agricultural water use projects from the consumptive-use review requirement (so long as the Commission determines member-state low flow augmentation projects provide sufficient mitigation), except that an agricultural project involving a diversion of basin water remains subject unless the property (or contiguous parcels) is at least partially within the basin.

  Applies when: Farm (including aquaculture) consumptive use in the Susquehanna basin 18 CFR 806.4(a)(1) [8]
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  Provided the commission determines that low flow augmentation projects sponsored by the commission's member states provide sufficient mitigation for agricultural water use ... agricultural water use projects shall not be subject to the requirements of this paragraph (a)(1). Notwithstanding the foregoing, an agricultural water use project involving a diversion of the waters of the basin shall be subject to such requirements unless the property, or contiguous parcels of property, ... is located at least partially within the basin.

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• DefinitionSRBC defines 'agricultural water use' as water use associated primarily with raising food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock and poultry, including aquaculture; 'surface water' includes water in a lake, reservoir, pond, spring or wetland, and diffused surface water, whether natural or artificial; and 'withdrawal' is a taking or removal of water from any source within the basin for use within the basin.

  18 CFR 806.3 (definitions of "Agricultural water use", "Surface water", "Withdrawal") [8]
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  Agricultural water use. A water use associated primarily with the raising of food, fiber or forage crops, trees, flowers, shrubs, turf products, livestock and poultry. The term shall include aquaculture. ... Surface water. Water on the surface of the ground, including water in a perennial or intermittent watercourse, lake, reservoir, pond, spring, wetland, estuary, swamp or marsh, or diffused surface water, whether such body of water is natural or artificial. ... Withdrawal. A taking or removal of water from any source within the basin for use within the basin.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• ProcessSRBC's August 2024 fact sheet states that consumptive water use for agricultural purposes is not currently subject to review or approval by the Commission, and that a pre-application meeting with SRBC Project Review staff is encouraged to determine whether a project should be regulated and, if so, what type of application is required.

  SRBC fact sheet, "Regulating Water Uses in the Susquehanna River Basin" (Aug. 2024) [14]
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  Consumptive water use for agricultural purposes is not ... currently subject to review or approval by the Commission. ... A meeting with Project Review staff is ... encouraged to determine if the ... project should be regulated, and if so, ... what type of application is required.

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• RequirementSponsors whose consumptive use is subject to SRBC review must mitigate it, by one or a combination of: reducing withdrawal and using approved alternative storage during Commission-designated low flow periods; releasing stored water for flow augmentation; discontinuing the consumptive use (which may include reducing it to less than 20,000 gpd during low flow); using surface storage subject to an acceptable conservation release; paying the Commission for all water consumptively used over a year; or other alternatives the Commission approves.

  Applies when: SRBC-approved consumptive use projects 18 CFR 806.22(b) [8]
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  shall mitigate such consumptive use. ... combination of the following: ... Reduce withdrawal from the approved source(s) ... withdraw water from alternative surface water storage ... Release water for flow augmentation ... Discontinue the project's consumptive use, which may include reduction ... to less than 20,000 gpd during periods of low flow. ... surface storage that is subject to maintenance of a conservation release ... Provide monetary payment to the Commission, for all water consumptively used over the course of a year ... Implement other alternatives approved by the Commission.

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• ExemptionSRBC's August 2020 fact sheet states that, under its policy and current practice, evaporation from an irrigation storage pond (like those used by golf courses), a storage pond (like those used by ski resorts for snowmaking), an ornamental pond, or a natural pond is not included in a project's consumptive use and mitigation requirements; evaporation must still be counted for pumped-storage hydroelectric reservoirs and certain quarry ponds.

  Applies when: Projects with SRBC consumptive-use approvals that include on-site ponds SRBC fact sheet, "Consumptive Use Mitigation: Evaporation from On-Site Structures" (Aug. 2020), implementing Policy No. 2020-01 [17]
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  What Structures Are Not Subject to Mitigation? ... evaporation from that structure will not be included in its consumptive use and ... mitigation requirements: ... An irrigation storage pond, like those used by a golf course. ... A storage pond, like those used by a ski resort for snow making. ... An ornamental pond. ... A natural pond. ... What Structures Are Subject to Mitigation? ... must continue to include evaporation ... in its consumptive use and mitigation requirements: ... Reservoirs at a pumped storage hydroelectric facilities. ... Ponds or impoundments at quarries

  Open Susquehanna River Basin Commission (opens in a new tab)

• FeeSRBC's current fee schedule (effective January 1, 2026) exempts agricultural projects, as defined in 18 CFR 806.3, from all fees in the schedule. For non-agricultural sponsors, the standard consumptive-use application fee for 20,000-99,999 gpd is $3,512 (municipal $2,810), the standard annual compliance and monitoring fee for a withdrawal/consumptive use/diversion approval is $1,082, and the consumptive use mitigation fee is $0.33 per 1,000 gallons consumed.

  Applies when: Projects needing SRBC approval SRBC Regulatory Program Fee Schedule, Resolution 2025-07, para. 13 and Tables 1-3 [18]
  Show the source text

  Agricultural Projects – Agricultural projects, as defined in 18 CFR § 806.3, are exempt from the ... fees set forth in this schedule. ... Consumptive Use1 20,000 gallons per day (gpd) – 99,999 gpd $ 3,512 $ 2,810 ... Withdrawal, Consumptive Use, Diversion, Commission ... $ 1,082 ... Consumptive Use Mitigation Fee1 $0.33 per 1,000 gallons consumed

  Open Susquehanna River Basin Commission (opens in a new tab)

Delaware River Basin Commission (DRBC)

DRBC says the Delaware River Basin spans 13,539 square miles in four states. DRBC's regulation deems the construction of a new impoundment, or the enlargement or removal of an existing one, for whatever purpose, not to have a substantial effect on basin water resources, and does not require it to be submitted, when its storage capacity is less than 100 million gallons, unless the Commission specially directs otherwise by notice. [7][9]

A withdrawal from groundwater, or from impoundments or running streams for any purpose, likewise need not be submitted when the daily average gross withdrawal during any 30 consecutive days does not exceed 100,000 gallons (for wells in the Southeastern Pennsylvania Ground Water Protected Area, see the separate rule below); DRBC's project-review page states the withdrawal review threshold as more than 100,000 gpd during any consecutive 30-day period. Also exempt are deepening, widening, cleaning or dredging existing stream beds, relocating channels, and placing fill or building dikes on streams in the basin, except on the Delaware River, tidal portions of its tributaries and streams draining more than one state; and draining, filling or otherwise altering marshes or wetlands affecting less than 25 acres, although areas under 25 acres are subject to DRBC review and action where neither a state nor a federal review and permit system is in effect. [9][19]

The Southeastern Pennsylvania Ground Water Protected Area covers the Delaware Basin portions of all of Montgomery County, listed townships and boroughs of Bucks and Chester counties, Douglass, Hereford and Union townships in Berks County, and Lower Milford Township in Lehigh County. There, anyone proposing a new or expanded groundwater withdrawal for any purpose must obtain a DRBC protected area permit if the new or increased rate of withdrawal from a well or group of wells operated as a system averages more than 10,000 gpd over a 30-day period. Agricultural irrigation is exempt from the metering or measurement requirements, but exempt users withdrawing more than 10,000 gpd during any 30-day period must still record the pumping rates, dates and hours of operation of any well or pump used to withdraw groundwater and report that information to DEP. [10]

Other projects that have or may have a substantial effect on basin water resources must be submitted to DRBC, including impoundments not covered by the exemptions and projects that substantially encroach on the stream or the 100-year floodplain of the Delaware River or its tributaries. Regardless of the exemptions, DRBC may, by special notice to the sponsor or landowner, make any project it views as potentially having a substantial effect subject to review. No substantial construction activity, including related land preparation, may take place on a project subject to DRBC review until DRBC approves it (well drilling to obtain geohydrologic data is excepted), and project proposals may be reviewed informally with DRBC staff during preliminary planning. [9]

DRBC's water supply charges apply to any person who uses, withdraws or diverts basin surface water, and for these charges consumptive use includes water evaporated from water surfaces; for the fiscal year beginning July 1, 2026, the charges are $110 per million gallons for consumptive use and $1.10 per million gallons for non-consumptive use, subject to annual CPI adjustment. Exemptions include non-consumptive uses of less than 1,000 gallons during any day and less than 100,000 gallons during any quarter, quantities not exceeding a user's legal entitlement determined as of October 27, 1961, water from streams tributary to the river master's gauging station at Montague, and water made available from storage when the user has paid or will pay for the storage facility, the storage controls a drainage area, and the use does not exceed the storage's yield without augmentation from other basin surface water. [20][21]

• AgencyThe Delaware River Basin spans 13,539 square miles in four states; Pennsylvania's share is 6,454 square miles (47.67% of the basin's land area). The Schuylkill and Lehigh rivers, both in Pennsylvania, are its largest tributaries.

  DRBC, Basin Information web page [7]
  Show the source text

  The largest tributaries are the Schuylkill and Lehigh rivers, both in Pennsylvania. ... The DRB spans 13,539 square miles in four states, plus the 782 square-mile Delaware Bay. ... Pennsylvania (6,454 square miles or 47.67 percent of the basin's total land area);

  Open Delaware River Basin Commission (opens in a new tab)

• Size cutoffIn the Delaware River Basin, construction of a new impoundment, or enlargement or removal of an existing impoundment, for whatever purpose, is deemed not to have a substantial effect on basin water resources and need not be submitted to DRBC when the storage capacity is less than 100 million gallons (unless the Commission specially directs otherwise by notice).

  Applies when: Pond or impoundment located in the Delaware River Basin 18 CFR 401.35(a)(1) [9]
  Show the source text

  Except as the Commission may specially direct by notice to the project owner or sponsor, a project in any of the following classifications will be deemed not to have a substantial effect on the water resources of the Basin and is not required to be submitted under Section 3.8 of the Compact: ... (1) The construction of new impoundments or the enlargement or removal of existing impoundments, for whatever purpose, when the storage capacity is less than 100 million gallons;

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• Size cutoffDRBC review is also not required for a groundwater withdrawal, or a withdrawal from impoundments or running streams for any purpose, when the daily average gross withdrawal during any 30 consecutive days does not exceed 100,000 gallons.

  Applies when: Delaware River Basin (outside the Southeastern PA Ground Water Protected Area for groundwater) 18 CFR 401.35(a)(2)-(3) [9]
  Show the source text

  (2) A withdrawal from ground water when the daily average gross withdrawal during any 30 consecutive day period does not exceed 100,000 gallons; ... (3) A withdrawal from impoundments or running streams for any purpose when the daily average gross withdrawal during any 30 consecutive day period does not exceed 100,000 gallons;

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• Size cutoffWithin the Southeastern Pennsylvania Ground Water Protected Area, anyone proposing a new or expanded groundwater withdrawal for any purpose must obtain a DRBC protected area permit if the new or increased rate from a well or group of wells operated as a system averages more than 10,000 gallons per day over a 30-day period.

  Applies when: Pond supplied by a well in the protected area 18 CFR 430.13 [10]
  Show the source text

  Any person, firm, corporation or other entity who proposes to develop a new ground water withdrawal or expand an existing ground water withdrawal for any purpose within the Southeastern Pennsylvania Ground Water Protected Area shall be required to obtain a protected area permit under this regulation if the proposed new or increased rate of withdrawal from a well or group of wells operated as a system average more than 10,000 gallons per day over a 30-day period.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• DefinitionThe Southeastern Pennsylvania Ground Water Protected Area consists of the portions within the Delaware Basin of: all of Montgomery County; listed townships and boroughs of Bucks County (e.g., Bedminster, Buckingham, Doylestown, Hilltown, Milford, Plumstead, Richland, Warminster, Warrington) and Chester County (e.g., East Coventry, East Goshen, Tredyffrin, Warwick, West Goshen, Willistown, West Whiteland); Douglass, Hereford and Union Townships in Berks County; and Lower Milford Township in Lehigh County.

  18 CFR 430.7(a) [10]
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  The “Southeastern Pennsylvania Ground Water Protected Area” shall consist of those portions of the following listed counties and political subdivision located within the Delaware Basin: ... Berks County ... Douglass, Hereford, Union. ... Lehigh County ... Lower Milford. ... Montgomery County ... All of the area within the county boundary.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• RequirementAll other projects that have or may have a substantial effect on basin water resources must be submitted to DRBC, including (except as exempted above) projects involving impoundment of water and projects that substantially encroach upon the stream or the 100-year flood plain of the Delaware River or its tributaries; and regardless of the exemptions, any project that in the Commission's view could have a substantial effect may be made subject to review by special notice to the sponsor or landowner.

  18 CFR 401.35(b)(1), (b)(9) and (c) [9]
  Show the source text

  All other projects which have or may have a substantial effect on the water resources of the Basin shall be submitted ... (except as provided in paragraph (a) of this section): ... (1) Impoundment of water; ... (9) Projects that substantially encroach upon the stream or upon the 100-year flood plain of the Delaware River or its tributaries; ... in the view of the Commission could have a substantial effect on the water resources of the basin may, upon special notice to the project sponsor or landowner, be subject to the requirement for review

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• ProcessWhen a project requires DRBC review, there may be no substantial construction activity on it, including related land preparation, until DRBC approves the project (well drilling to obtain geohydrologic data is excepted). Project proposals may be reviewed informally with DRBC staff during preliminary planning.

  Applies when: Projects subject to DRBC review 18 CFR 401.34(c), (e) [9]
  Show the source text

  Any project proposal, which may have a substantial effect on the water resources of the Basin, may be received and reviewed by the staff informally in conference with the project sponsor during the preliminary planning phase ... Whenever a project is subject to review and approval by the Commission under this section, there shall be no substantial construction activity thereon, including related preparation of land, unless and until the project has been approved by the Commission;

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• RequirementDRBC's water supply charges regulation requires any person who uses, withdraws or diverts surface waters of the Delaware basin to pay the charges it requires; for these charges, 'consumptive use' includes water 'evaporated from water surfaces'. Exemptions include: quantities not exceeding the user's legal entitlement determined as of October 27, 1961; non-consumptive uses of less than 1,000 gallons during any day and less than 100,000 gallons during any quarter; and water taken, withdrawn or diverted from streams tributary to the river master's gauging station at Montague.

  Applies when: Surface water use in the Delaware River Basin 18 CFR 420.1 (definition of "Consumptive use"), 420.22, 420.23(a), 420.43(a), (c) [20]
  Show the source text

  Consumptive use means the water lost ... evaporated from water surfaces ... who shall use, withdraw or divert surface waters of the basin, shall pay such charges ... There shall be no charge for water withdrawn or diverted in quantities not exceeding the legal entitlement of the user, determined as of October 27, 1961. ... (a) Non-consumptive uses of less than 1,000 gallons during any day, and less than 100,000 gallons during any quarter. ... (c) Water taken, withdrawn or diverted from streams tributary to the river master's gauging station at Montague.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• ExemptionDRBC imposes no water charge for water made available from storage where the user paid (or will pay) for the storage facility, the storage controls a drainage area, and the use does not exceed the yield of that storage without augmentation from other basin surface water.

  Applies when: Water used from a privately funded impoundment (e.g., an on-stream pond) in the Delaware River Basin 18 CFR 420.23(d) [20]
  Show the source text

  there shall be no charge for water made available from storage where: ... (1) The cost of the storage facility has or will be otherwise paid for by the user, ... (2) Such storage controls a drainage area, and ... (3) The use does not exceed the yield of such storage without augmentation from other surface water of the basin.

  Open eCFR (Office of the Federal Register) (opens in a new tab)

• FeeFor the fiscal year beginning July 1, 2026, DRBC's schedule of water charges is $110 per million gallons for consumptive use and $1.10 per million gallons for non-consumptive use (subject to annual CPI adjustment).

  18 CFR 420.41(a)-(b), as revised by DRBC final rule, 91 FR 31356 (May 27, 2026) [21]
  Show the source text

  Notice is provided of the Commission's regulatory program fees and schedule of water charges for the fiscal year beginning July 1, 2026. ... This final rule is effective July 1, 2026. ... (a) $110 per million gallons for consumptive use, subject to paragraph (c) of this section; and ... (b) $1.10 per million gallons for non-consumptive use, subject to paragraph (c) of this section.

  Open Federal Register (govinfo.gov) (opens in a new tab)

Great Lakes basin (Act 43 of 2008)

The Water Resources Planning Act organizes regional water-resources committees by drainage area, one of which covers Lake Erie and the Genesee River. Under the Great Lakes Compact as enacted in Pennsylvania by Act 43 of 2008, the basin is the watershed of the Great Lakes and the St. Lawrence River upstream from Trois-Rivieres, Quebec, within the parties' jurisdiction, and DEP's Compact summary says the Compact applies to both surface and groundwater and defines the basin by its surface water divide. [4][11][22]

Under Act 43, DEP administers the Compact's registration and reporting through the Chapter 110 program, and reviews and acts on proposals for new or increased withdrawals, consumptive uses or diversions, specifying reasonable terms and conditions if it approves them. [11]

DEP's Great Lakes page says that Pennsylvania completed a 2008 baseline of existing withdrawals, consumptive uses and diversions, which is used to decide what counts as new or increased; that all new diversions are prohibited with minor exceptions for public water supply purposes; and that proposed diversions and consumptive uses exceeding a threshold must undergo Regional Review. [23]

DEP's Compact summary lists the decision standard for new or increased withdrawals and consumptive uses: all water withdrawn is returned, less an allowance for consumptive use; the proposal results in no significant individual or cumulative adverse impacts; it incorporates water conservation measures; it complies with all applicable state, federal and local laws; and the proposed use is reasonable. The Compact says it does not affect rights validly established and existing as of its effective date under federal or state law governing the withdrawal of basin waters, or interfere with the parties' law on common-law water rights, and that a Compact approval gives no property rights or exclusive privileges. [11][22]

• Size cutoffPennsylvania's Great Lakes Compact act sets the threshold for state management and regulation of new or increased water uses in the Great Lakes basin portion of PA as: any new or increased withdrawal of 100,000 gallons per day or more averaged over any 90-day period; any new or increased consumptive use of 5,000,000 gallons per day or more averaged over any 90-day period; or any new or increased diversion of water from the basin.

  Applies when: Sites in the Lake Erie / Genesee River (Great Lakes) drainage of Pennsylvania Act of July 4, 2008, P.L. 526, No. 43, § 6(1) (32 P.S. § 817.21 et seq.) [11]
  Show the source text

  For purposes of section ... 4.10 of the compact, the threshold for management and ... regulation shall be as follows: ... (i) any new or increased withdrawal from the basin ... in an amount that equals or exceeds 100,000 gallons per ... day averaged over any 90-day period; ... (ii) any new or increased consumptive use of water ... withdrawn from the basin in an amount which equals or ... exceeds 5,000,000 gallons per day averaged over any 90- ... day period; or ... (iii) any new or increased diversion of water from ... the basin.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• AgencyUnder Act 43, DEP administers the Compact's water-use registration and reporting through the 27 Pa.C.S. § 3118 (Chapter 110) registration program, and reviews and acts on proposals for new or increased withdrawals, consumptive uses or diversions, specifying reasonable terms and conditions if approved.

  Act 43 of 2008, § 5(1), (3) [11]
  Show the source text

  Administer and implement the programs for water ... resources inventory, registration and reporting required ... under section 4.1 of the compact, through the water use ... registration and reporting program and regulations ... established pursuant to 27 Pa.C.S. § 3118 ... Review and act upon proposals for new or increased ... water withdrawals, consumptive uses or diversions and, if ... approved, specify reasonable terms and conditions thereof.

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

• ProcessDEP's Great Lakes Program page states that, as the Compact requires, Pennsylvania completed a 2008 baseline of existing withdrawals, consumptive uses and diversions; all new diversions are prohibited with minor exceptions for public water supply purposes, and proposed diversions and consumptive uses exceeding a threshold must undergo Regional Review. The baseline amount is used to decide what counts as a 'new or increased' withdrawal or consumptive use.

  Applies when: Great Lakes basin portion of PA (Erie region) DEP, Water Resources Compact and Agreement (Great Lakes Program) web page [23]
  Show the source text

  As required by the Compact, Pennsylvania completed a 2008 baseline of existing water withdrawals, consumptive uses, and diversions. ... All new diversions are prohibited with minor exceptions for public water supply purposes ... All proposed diversions and consumptive uses exceeding a threshold must undergo a Regional Review process. ... The baseline amount assigned to each Great Lakes Basin water user will be used to determine what is a new or increased withdrawal, consumptive use, or diversion of Great Lakes Basin water in the future.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• RequirementDEP's Compact summary describes the decision-making standard applied to new or increased withdrawals and consumptive uses: water withdrawn is returned less an allowance for consumptive use; no significant individual or cumulative adverse impacts; water conservation measures incorporated; compliance with all applicable laws; and the proposed use is reasonable. The Compact applies to both surface and groundwater and defines the basin by its surface water divide.

  Applies when: New or increased withdrawals/consumptive uses at or above the Act 43 thresholds in PA's Great Lakes basin DEP, "Great Lakes-St. Lawrence River Basin Water Resources Compact - A Brief Summary" (PA fact sheet) [22]
  Show the source text

  The Compact applies to both surface and groundwater; defining the Basin by its surface water ... divide. ... all water withdrawn is returned less an allowance for consumptive use; ... proposal results in no significant individual or cumulative adverse impacts; ... proposal incorporates water conservation measures; ... compliance with all applicable state, federal, and local laws; and the ... proposed use in reasonable.

  Open Pennsylvania Department of Environmental Protection (opens in a new tab)

• StatusThe Great Lakes Compact states that nothing in it affects rights validly established under federal or state law governing withdrawal of basin waters as of its effective date, or interferes with the parties' law relating to common law water rights, and that an approval under the Compact does not give any property rights or exclusive privileges.

  Great Lakes-St. Lawrence River Basin Water Resources Compact § 8.1(1), (2), (4), as enacted by Act 43 of 2008 [11]
  Show the source text

  Nothing in this compact shall be construed to affect, ... limit, diminish or impair any rights validly established and ... existing as of the effective date of this compact under Federal ... or state law governing the withdrawal of waters of the basin. ... Nothing contained in this compact shall be construed as ... affecting or intending to affect or in any way to interfere with ... the law of the respective parties relating to common law water ... rights. ... An approval by a party or the council under this compact ... does not give any property rights, nor any exclusive privileges,

  Open Pennsylvania General Assembly (palegis.us) (opens in a new tab)

Drought emergencies (4 Pa. Code Chapter 119)

Chapter 119 applies to all water uses in Pennsylvania, and DEP's riparian doctrine sheet notes that its nonessential-use prohibitions apply to riparian users within a designated drought emergency area. [1][12]

Violating a provision of Chapter 119 is a summary offense subject to penalties under 35 Pa.C.S. § 7707, enforceable by law enforcement or private citizens. A water user for whom complying with the nonessential-use prohibitions would cause extraordinary hardship may apply for an exemption or variance, which expires when the drought emergency ends unless it says otherwise. [12]

• Requirement4 Pa. Code Chapter 119 applies to all water uses in Pennsylvania and, whenever the Governor declares a drought or water shortage emergency, prohibits listed nonessential water uses within the declared area; for this chapter 'any water' includes water from publicly or privately owned springs, wells, streams or ponds.

  Applies when: Only while a Governor-declared drought/water shortage emergency is in effect for the area 4 Pa. Code §§ 119.1 (definition of "Any water"), 119.3, 119.4 (introductory text) [12]
  Show the source text

  Any water—Water from any source including publicly or privately owned surface or groundwater sources such as springs, wells, streams, or ponds, ... This chapter applies to all water uses within this Commonwealth. ... Whenever the Governor declares by proclamation or executive order a state of drought or water shortage emergency in an area of this Commonwealth, the following water uses shall be deemed nonessential and are prohibited within areas that have been declared to be in a state of drought or water shortage emergency

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ExemptionDuring a declared drought emergency, use of any water for ornamental purposes (fountains, artificial waterfalls, reflecting pools) is prohibited, except that fountains or waterfalls may run to provide the primary and necessary aeration for a pond that supports fish life, and water may be used to top off ornamental water gardens or fish ponds only to the minimum extent necessary to maintain fish and aquatic life.

  Applies when: Only while a Governor-declared drought/water shortage emergency is in effect for the area 4 Pa. Code § 119.4(6) [12]
  Show the source text

  (6) The use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools, except: ... (i) Fountains or waterfalls may be operated to perform the primary and necessary aeration function for a pond that supports fish life. ... (ii) Water may be used to top off ornamental water gardens or fish ponds to the minimum extent necessary to maintain fish and aquatic life.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

• ProcessViolating the drought-emergency nonessential-use prohibitions is a summary offense subject to penalties under 35 Pa.C.S. § 7707, enforceable by law enforcement or private citizens; a water user facing extraordinary hardship may apply for an exemption or variance, which expires when the drought emergency ends unless otherwise specified.

  Applies when: During a declared drought emergency 4 Pa. Code §§ 119.5, 119.6(a) [12]
  Show the source text

  shall be subject to the penalties provided under 35 Pa.C.S. § 7707 (relating to penalties). Violation of a provision of this chapter is a summary offense enforceable by proper law enforcement authorities or private citizens ... If compliance with the prohibition of nonessential use of water would result in extraordinary hardship upon a water user, the water user may apply for an exemption or variance, which would expire with the termination of the drought emergency proclamantion, unless otherwise specified in the exemption or variance.

  Open Pennsylvania Code & Bulletin (Legislative Reference Bureau) (opens in a new tab)

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