Staley, 060931 PAAGO, AGO 11

• Case Date: June 09, 1931
• Court: Pennsylvania

Honorable Lewis B. Staley, Secretary of Forests and Waters, Harrisburg, Pennsylvania. AGO 11 Opinion No. 11 Pennsylvania Attorney General Opinions Opinion of the Attorney General June 9, 1931          Forests and Waters—Water Worlds—Time Within Which to Complete—Supply of Water Outside of Charter Limits—Acts of June 15, 1911 P L 990 and May 21, 1901, P. L. 270.          Where a charter has been granted to a water company for construction of Its works, but fails to begin its construction within two years and complete Its work within five years, unless an extension has been applied for within the presented period, the company ceases to exist.          The water and Power Resources Board may approve a certificate authorizing a water company to supply water outside the territory designated In its charter, if those being supplied on the outside have complied with the provisions of the Act of May 21, 1901, P. L. 270.          Honorable Lewis B. Staley,          Secretary of Forests and Waters,          Harrisburg, Pennsylvania.          Sir: You ask to be advised; (1) Whether the charters to seven water companies which you have named in your inquiry are valid and whether the Water and Power Resources Board can approve a certificate validating the purchase of these companies by the Silver Creek Water Company, and (2) Whether the Board may approve a Certificate designating the sources of supply of the Silver Creek Water Company, after its purchase of certain other designated companies, if water from such sources is being supplied outside of the territory specified in the charter.          The facts which give rise to the inquiries are as follows:          The Silver Creek Water Company was incorporated May 21, 1889, to supply water to Blythe Township, Schuylkill County. On December 23, 1930, it acquired by purchase all the rights and franchises of the Crystal Water Company of Cass Township, incorporated July 2, 1890, and of the Mess Glen Water Company of Schuylkill Township, the Middleport Water Company of Middleport Borough, the Glendower Water Company of Foster Township, the Frailey Water Company of Frailey Township, and the Otto Water Company of Reilly Township, each of which was separately incorporated on April 14, 1905, and of the Rock Water Company of Tremont Township, incorporated on April 27, 1905.          The Silver Creek Water Company after the purchase of the companies named filed a certificate designating its source of supply, which...