Section 510-8 - Water and power resources (Adm. Code Section 1908-A)The Department of Environmental Resources shall have the power and its duty shall be:
(1) Subject to any inconsistent provisions in this act contained, to continue to exercise the powers and perform the duties by law vested in and imposed upon the Water Supply Commission of Pennsylvania, or in and upon the Water and Power Resources Board, or in and upon the department, with regard to: (a) Applications for charters for corporations for the supply of water for the public or for the supply, storage, and transportation of water and water power, for commercial and manufacturing purposes, or for any other water or water power company;(b) Agreements for the merger and consolidation of two or more such corporations heretofore or hereafter formed;(c) The sale, assignment, disposition, transfer, and conveyance of the franchises and all the property, real, personal, and mixed, of any such corporation, heretofore or hereafter formed, to any other such corporation;(d) Consents or permits for the construction of dams, and other water obstructions, or of any change therein or addition thereto, and consents or permits for changing or diminishing the course, current, or cross section, of any stream or body of water;(e) Permits for the condemnation or appropriation of waters, or for the construction of hydraulic works;(f) Applications for new or additional sources of supply of water or water power;(g) Applications by companies for approval of the construction, operation, and maintenance of tunnels under navigable rivers, to connect their power to manufacturing plants, with coal lands wherein such companies have coal mining rights;(h) The extension of time fixed by law for the beginning or completion of the construction of the works of water or water power companies, inquiry into the standing of water or water power charters, and as to the due diligence and bona fide intent of water and water power companies to fulfill the requirements of law, and the certification of facts to the Attorney General requesting him to institute quo warranto proceedings.(2) Repealed by 1995, June 28, P.L. 89, No. 18, § 1102, effective July 1, 1995(3) To enter into agreements to sell, lease or otherwise dispose of any iron, coal, limestone, fire-clay, oil, gas and other minerals, except sand and gravel and minerals deposited as silt in pools created by dams, that may be found in or beneath the beds of navigable streams or bodies of water within the Commonwealth and non-navigable streams or bodies of water where the beds thereof are owned by the Commonwealth, on such terms and conditions as the board deems to be in the best interest of the Commonwealth: Provided, however, That any proposed contracts involving more than one thousand dollars ($1,000) shall be awarded to the highest responsible bidder after due advertisement as prescribed by the board. Nothing herein contained shall authorize anyone to interfere with the free navigation of said streams or bodies of water or to undermine the bed thereof or to interfere with the rights of any person or persons holding property on the banks thereof.1929, April 9, P.L. 177, art. XIX-A, § 1908-A, added 1970, Dec. 3, P.L. 834, No. 275, § 20, effective 1/1/1971. Affected 1995, June 28, P.L. 89, No. 18, § 1102, effective 7/1/1995.