Best Water Law Lawyers in Pennsylvania

About Water Law in Pennsylvania, United States

Water law in Pennsylvania governs the use, management, and protection of both surface and groundwater resources within the state. Pennsylvania has a unique blend of riparian and regulated riparian rights, which means that landowners adjacent to water bodies have certain rights to use the water but are also subject to state and local regulations. The state’s water law is shaped by a combination of common law principles, state statutes, administrative regulations, and federal laws such as the Clean Water Act. Issues such as water quality, water allocation, stormwater management, and pollution control are key components of water law in Pennsylvania.

Why You May Need a Lawyer

Water law can be complex and technical, and individuals or businesses may encounter situations where legal guidance is essential. Common circumstances where you might need a lawyer include:

• Disputes over water rights or access between neighboring landowners
• Challenges related to well drilling, water withdrawal, or groundwater use
• Compliance with state or federal water quality regulations
• Addressing pollution or contamination of water sources
• Issues involving stormwater runoff, drainage, or flooding
• Development projects requiring water use permits
• Conflicts with governmental agencies or regulatory enforcement actions
• Protecting riparian or prior appropriation rights on a property

Legal professionals can help interpret the laws, represent clients in disputes or administrative proceedings, and ensure compliance with regulatory requirements.

Local Laws Overview

Pennsylvania's water law system is influenced by several important statutes and regulations. The state adheres primarily to the riparian doctrine, granting those who own property along waterways the right to make reasonable use of the water, provided it does not substantially impair the rights of downstream or adjacent users. The Pennsylvania Department of Environmental Protection (DEP) is the primary regulatory authority for water resource management, permitting, and enforcement.

The Pennsylvania Clean Streams Law is a central piece of legislation protecting water quality by regulating pollution and setting standards for wastewater discharge. The Water Resources Planning Act requires large water users to register their withdrawals and participate in water resources planning. Stormwater management is guided by the Pennsylvania Stormwater Management Act and corresponding local ordinances. Additionally, federal regulations such as those outlined by the Environmental Protection Agency (EPA) must often be followed in conjunction with state laws.

Local ordinances and county conservation districts may impose additional rules or requirements, especially concerning land development, wetland protection, and waterway encroachment. There are also interstate compacts, such as those governing the Delaware and Susquehanna River Basins, that can influence water use and planning in specific regions of Pennsylvania.

Frequently Asked Questions

What are riparian rights in Pennsylvania?

Riparian rights refer to the rights of landowners whose property borders a natural watercourse, such as a river or stream. In Pennsylvania, these landowners can reasonably use the water as long as it does not significantly impact the rights of other users or degrade water quality.

Do I need a permit to use water from a stream or river on my property?

For most individual or household uses, such as livestock watering or irrigation, you often do not need a permit. However, for significant withdrawals or for business purposes, you may need approval from the Pennsylvania Department of Environmental Protection. Large withdrawals may also require registration and additional permits.

Who is responsible for maintaining a stream or creek that flows through private property?

The property owner is typically responsible for maintaining the portion of the stream on their land, including addressing erosion or debris. However, any alteration or construction within or along the stream, such as building bridges, dams, or culverts, often requires a permit from state or local agencies.

What should I do if my well water is contaminated?

If you suspect contamination, stop using the water and have it tested by a certified laboratory. You may have legal recourse if pollution originated from a neighbor, business, or municipality. Consult with a lawyer for help evaluating liability and seeking remedies.

Are there restrictions on building near lakes, streams, or wetlands?

Yes. Building or altering land near surface waters or wetlands generally requires compliance with state and local regulations. Permits may be needed to disturb land within designated buffer zones, and additional reviews could be required under federal law for certain projects.

What is the Pennsylvania Clean Streams Law?

The Pennsylvania Clean Streams Law is a state statute intended to prevent and control water pollution. It regulates discharges to surface and groundwater, requires permits for wastewater disposal, and sets standards for water quality throughout Pennsylvania.

Can a neighbor legally divert water from a shared stream?

A neighbor may use the water as a riparian landowner but cannot unreasonably diminish the quantity or quality of water available to others. Large-scale diversions or alterations may require state approval and must not harm other users' rights.

How do stormwater management laws affect property development?

Pennsylvania’s Stormwater Management Act requires local governments to adopt plans and enact ordinances to control runoff from development activities. Developers must submit and obtain approval for stormwater management plans to minimize erosion, flooding, and water pollution.

Are there regulations on groundwater use in Pennsylvania?

While Pennsylvania does not generally require permits for groundwater use for typical residential purposes, large withdrawals for commercial or industrial activities may trigger permitting and reporting requirements, especially in certain regions or watersheds.

What agencies oversee water law issues in Pennsylvania?

The Pennsylvania Department of Environmental Protection is the main regulatory body, but county conservation districts, the Pennsylvania Fish and Boat Commission, and federal agencies like the EPA may have roles depending on the specific issue.

Additional Resources

Several organizations and governmental agencies provide guidance, information, and resources related to water law in Pennsylvania:

• Pennsylvania Department of Environmental Protection (DEP)
• Pennsylvania Fish and Boat Commission
• County Conservation Districts
• Pennsylvania Environmental Council
• Susquehanna River Basin Commission
• Delaware River Basin Commission
• Pennsylvania Bar Association - Environmental and Energy Law Section
• United States Environmental Protection Agency (EPA) - Region 3

Next Steps

If you need legal assistance with a water law issue in Pennsylvania, consider taking the following steps:

• Document your situation, including any relevant property records, correspondence, or permits
• Contact local government offices or conservation districts for initial information and guidance
• Consult with a licensed attorney who specializes in Pennsylvania water law and environmental regulation
• Prepare questions and necessary documentation for your first meeting with a lawyer
• Stay informed about ongoing regulatory changes affecting water laws in your region

Timely legal advice can make a significant difference in resolving disputes, ensuring compliance, and protecting your property and water rights in Pennsylvania.