(a)Facilities.--
(1)The county commissioners may borrow, appropriate and expend money for the construction, acquisition by purchase, lease or otherwise, operation and maintenance of dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and groundwater resources and all related structures, appurtenances and equipment necessary for the use of dams, reservoirs, wells and other facilities.
(2)The county commissioners may acquire by purchase, lease, gift or the exercise of power of eminent domain, sites for a facility listed under paragraph (1) in accordance with the following:
(i)The county commissioners shall obtain a permit from the Department of Environmental Protection whenever a permit is required by law.
(ii)The county commissioners may not acqu
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(a) Facilities.--
(1) The county commissioners may borrow, appropriate and expend money for the construction, acquisition by purchase, lease or otherwise, operation and maintenance of dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and groundwater resources and all related structures, appurtenances and equipment necessary for the use of dams, reservoirs, wells and other facilities.
(2) The county commissioners may acquire by purchase, lease, gift or the exercise of power of eminent domain, sites for a facility listed under paragraph (1) in accordance with the following:
(i) The county commissioners shall obtain a permit from the Department of Environmental Protection whenever a permit is required by law.
(ii) The county commissioners may not acquire by the exercise of power of eminent domain the property of a public utility subject to the jurisdiction of the Federal Energy Regulatory Commission or the Pennsylvania Public Utility Commission.
(b) Agreements and contracts.--The county commissioners may enter into:
(1) agreements for the regulation of withdrawals, diversions and sales of waters from dams, reservoirs, wells and other facilities, subject to the approval of Federal, State or interstate agencies which may have primary jurisdiction over water resources. Dams, wells and reservoirs acquired by purchase, lease or otherwise or constructed by the county commissioners may not be used for the generation of electric energy; and
(2) contracts or long-range cooperative programs with Federal, State, interstate and local government agencies or public utilities for the development and use of the county's water resources.
(c) Regulation of agreements and contracts.--
(1) It shall be lawful for any county to execute agreements and contracts as deemed necessary or advisable with an authority organized by the county to:
(i) provide, design, acquire, hold, construct, improve, own, lease, as lessor or lessee, maintain and operate dams, reservoirs, wells and other facilities for the utilization of surface, subsurface and groundwater resources and all necessary related structures, appurtenances and equipment;
(ii) grant, convey, lease, transfer, encumber, mortgage and pledge to the authority the dams, reservoirs, wells and related facilities and any improvements and additions; and
(iii) assign and pledge to the authority rentals, rates and charges charged and collected by the authority and to assign to the authority the power to collect the the rentals, rates and charges.
(2) An agreement, contract, grant, conveyance, lease, assignment, encumbrance, mortgage or pledge under paragraph (1) shall not be construed to prevent the affected county from using tax revenues for the purpose of maintaining, repairing, altering, inspecting or improving the dams, reservoirs, wells and related facilities.
(d) Sale of water.--A county may enter into an agreement and contract for the sale of water to a municipality, authority or public utility at a reasonable and uniform rate to be determined exclusively by the county.