Pennsylvania Act 1931-171 — RIVER MAINTENANCE

Act text

RIVER MAINTENANCE
                 Act of Jun. 12, 1931, P.L. 528, No. 171              Cl. 32
                                  AN ACT

     Authorizing the Water and Power Resources Board of the
        Department of Forests and Waters on its own volition, or at
        request and expense of any person, partnership, association,
        corporation, or municipal or quasi-municipal corporation, to
        define the locations, fix the regimen, protect the bed and
        banks, plug up holes in the beds and banks, and build dams,
        in rivers and streams; providing for the recording of changes
        of and locations of rivers and streams, and the effect
        thereof, and for the ascertainment of damages for land taken,
        injured and destroyed; and making appropriations.

        Section 1.  Be it enacted, &c., That the Water and Power
     Resources Board of the Department of Forests and Waters is
     hereby vested with authority, in the name of the Commonwealth of
     Pennsylvania, to determine the course and define the location,
     width and depth of any river or stream, or part thereof, wholly
     or partly within or forming part of the boundary of this
     Commonwealth, except the tidal waters of the Delaware River and
     of its navigable tributaries. Said board shall have power to
     protect the bed and banks of any stream, build dams, retaining
     walls, or other structures in or along rivers or streams, plug
     holes in the beds and banks thereof, and/or undertake such other
     works as will, in the opinion of the said board, improve and fix
     the regimen of any river or stream, or portion thereof, for the
     purpose of regulating the flow of such river or stream, for the
     prevention of percolations from streams through holes in the
     beds and banks thereof, for the protection of property, fish,
     life, and the lives of riparian owners and other persons, and
     for any other purpose not incompatible with the present and
     future interests of the Commonwealth and its people in the
     rivers, streams and water resources of the Commonwealth.
        Section 2.  Whenever the Water and Power Resources Board
     shall define the location of a river or stream, or part thereof,
     it shall prepare and have recorded a plan thereof in the office
     for the recording of deeds of the county where such location was
     defined, and such recording shall definitely fix the course,
     location and lines of such river, for all such purposes in law,
     until altered by any subsequent plan recorded in like manner.
        Section 3.  The Water and Power Resources Board may, in
     carrying out the provisions hereof, act on its own volition, or
     upon request of any person or persons, partnership, association,
     corporation, county, city, borough, town, or township, if the
     board considers the same necessary or advisable for any of the
     reasons set forth in section one of this act. The board and its
     agents shall have power to enter upon, take, appropriate, or
     injure any land or lands necessary to carry out the provisions
     of this act. Where the board acts and undertakes any works
     herein authorized as the result of a request from a person or
     persons, partnership, association, corporation, county, city,
     borough, town, or township, the actual cost of such work or
     works shall be paid by the person or persons, partnership,
     association, corporation, county, city, borough, town, or
     township making such request.
        Section 4.  The Water and Power Resources Board is authorized
     to accept such moneys as may be subscribed or appropriated by
     any person or persons, or other agency, making requests for work
     or works under the provisions of this act, but no such work or
     works shall be commenced until the board is satisfied that the
     moneys received from such person or persons, or other agency, is
     sufficient to complete such work or works in a satisfactory
     manner. Moneys received from such person or persons, or other
     agency, shall be deposited with the State Treasurer, subject to
     requisition upon order of the chairman of the Water and Power
     Resources Board. Any moneys so deposited in the State Treasury
     are hereby appropriated to the Department of Forests and Waters
     for the purposes to which they were dedicated. If after
     receiving such money or moneys the board shall decide it
     inadvisable or inexpedient to undertake the work, or if
     insufficient moneys are received to defray the cost of the
     proposed improvement, then, upon order of the board through the
     chairman, the money shall be returned to the person or persons,
     or other agency, making the subscription, and for such purposes
     said moneys are hereby appropriated. Requisitions for such
     purposes shall be drawn by the Department of Forests and Waters.
        Section 5.  Any damages sustained by any property owner by
     reason of the said board carrying out the provisions of this act
     shall be paid by the Department of Forests and Waters, and the
     amount thereof, if not agreed upon between the property owners
     and the department, shall be ascertained on the petition of the
     department, or any person, copartnership, association, or
     corporation interested, in the manner provided by section five
     of the act, approved the second day of May, one thousand nine
     hundred and twenty-nine (Pamphlet Laws, one thousand five
     hundred thirty), entitled "An act relating to the erection of a
     dam at the outlet of Pymatuning Swamp, and the establishment of
     a reservoir for the flood control of the Shenango and Beaver
     Rivers; conferring and continuing certain powers and duties on
     the Department of Forests and Waters in relation to the
     establishment and maintenance of such reservoir; providing for
     the acquisition of necessary lands therefor, and the necessary
     agreements and releases relating thereto, and the disposition of
     surplus land and materials," for ascertaining the amount of
     damages sustained by reason of the erection and maintenance of
     the dam and reservoir provided for in said act.
        The amount of damages assessed against the Commonwealth in
     any such condemnation proceedings shall be paid, by the
     Department of Forests and Waters, out of any moneys appropriated
     for that purpose or received from the person or persons, or
     other agency, making the request for the work or works
     authorized under this act and heretofore appropriated.