3118 - Water use registration and reporting.

     § 3118.  Water use registration and reporting.        (a)  Interim registration program.--Pending the adoption of     regulations for registration and reporting under subsection (b),     each public water supply agency and each hydropower facility,     irrespective of the amount of withdrawal, and each person whose     total withdrawal or withdrawal use from one or more points of     withdrawal within a watershed operated as a system either     concurrently or sequentially exceeds an average rate of 10,000     gallons a day in a 30-day period shall register with the     department the source, location and amount of withdrawal or use     or both. Registrations shall be submitted not later than 12     months after the effective date of this chapter or 30 days     following the initiation of any such withdrawal or use,     whichever is later. Registrations shall be submitted on forms as     prescribed by the department.        (b)  General rule; requirements for registration and     reporting.--In order to provide accurate information for water     resources planning, the department in consultation with the     Statewide committee shall recommend and the Environmental     Quality Board shall adopt regulations establishing requirements     for the registration, periodic reporting and recordkeeping of     withdrawals in accordance with the following provisions:            (1)  Each public water supply agency and each hydropower        facility, irrespective of the amount of withdrawal, and each        person whose total withdrawal or withdrawal use from one or        more points of withdrawal within a watershed operated as a        system either concurrently or sequentially exceeds an average        rate of 10,000 gallons a day in a 30-day period shall comply        with recordkeeping and periodic reporting requirements        established by regulation. Such regulations shall require        water users subject to the registration requirements of this        section to monitor, maintain records and submit to the        department periodic reports regarding the source, location        and amount of withdrawals or uses or both from surface waters        and groundwaters, including the amount of consumptive and        nonconsumptive uses, the locations and amounts of any waters        returned and discharged and the amounts of water transferred        between public water supply agencies via interconnections.        Such regulations shall not require submission of periodic        reports more frequently than annually. Where alternative        methods exist to obtain a reasonably accurate evaluation of        withdrawals or withdrawal uses, consumptive or nonconsumptive        uses and return flows, such regulations shall allow for use        of the alternative methods to obtain a reasonable estimate or        indirect calculation of such in lieu of direct metering or        measurement. With respect to withdrawal uses, other than        public water supply agency withdrawals and hydropower        facilities, involving a withdrawal of less than 50,000        gallons per day in a 30-day period, the regulations shall        provide for the use of alternative methods to obtain a        reasonable estimate or indirect calculation of such in lieu        of direct metering or measurement.            (2)  The regulations may provide for the adjustment of or        variations in registration, recordkeeping or periodic        reporting requirements for identified classification of user        or volume of withdrawal if such requirements are not        necessary to obtain information required to adequately assess        water uses, monitor demands and otherwise prepare accurate        and complete regional and State water plans and, if        applicable, critical area resource plans.            (3)  The regulations shall include a process under which        water users may document and register practices or projects        that they have implemented to reduce water withdrawals or        consumptive use, promote groundwater recharge or otherwise        conserve or enhance water supplies for consideration and use        in providing appropriate recognition and credit during the        implementation of existing or future water supply programs.            (4)  To avoid duplication of efforts, regulations        implementing the periodic reporting requirements of this        subsection shall provide that the requirements may be        satisfied by the filing of discharge monitoring reports        prepared under the Clean Streams Law, water supply reports        prepared under the Safe Drinking Water Act, water withdrawal        and use reports prepared and submitted pursuant to        regulations adopted by the Delaware River Basin Commission        and Susquehanna River Basin Commission, or other reports        submitted under other applicable statutes and regulations, to        the extent that the reports provide the required information.            (5)  Nothing in this section shall be construed to        authorize the department or the Environmental Quality Board        to require metering of homeowner wells.            (6)  Where a registered withdrawal is terminated or is        reduced to an amount which over a 12-month period is less        than the 30-day average threshold amounts requiring        registration, the person responsible for such withdrawal may        file a written notice with the department of such termination        and reduction. After filing such notice, the person shall be        relieved of further obligations relating to period reporting        under this section.            (7)  Persons required to register and report water        withdrawals or uses under this section shall keep records        required by regulation for a period of five years and make        such records available for inspection by the department upon        request.            (8)  Registration of a withdrawal or use shall not be        construed as a determination of a person's water rights or        approval of a withdrawal or use by any agency of the        Commonwealth or by a Compact Basin Commission.        (c)  Confidentiality of information.--Information provided to     the department under this section shall be subject to the     provisions of section 3119 (relating to confidential     information).        Cross References.  Section 3118 is referred to in section     3131 of this title.