S.C. Code Ann. § 49-1-18 — SC Code / Title 49 / Chapter 1 / Section 49-1-18
SECTION 49-1-18. Control authority over certain Savannah River matters suspended.
Status: in_force

The General Assembly, pursuant to Section 7, Article I of the South Carolina Constitution, suspends the authority of the South Carolina Department of Health and Environmental Control, hereinafter the department, for all decisions subsequent to 2007 related to all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels, in particular the approval by the department of the application of the United States Army Corps of Engineers for a Construction in Navigable Waters Permit for the dredging of the South Carolina portion of the Savannah River, because the authority of the Savannah River Maritime Commission, hereinafter the Maritime Commission, superseded the responsibilities of the department for such approval, as established by Act 56 of 2007, and the approval by the department could present imminent and irreversible public health and environmental concerns for the South Carolina portion of the Savannah River. The Department of Health and Environmental Control retains authority for all matters pertaining to the Savannah River unrelated to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels. Code Commissioner's Note At the direction of the Code Commissioner, this section was codified in 2012. Editor's Note 2012 Act No. 125, provides as follows: "Whereas, the South Carolina Department of Health and Environmental Control, hereinafter the department, was granted the authority to maintain reasonable standards of purity of air and water quality by enactment of the South Carolina Pollution Control Act; and "Whereas, the Savannah River Maritime Commission, hereinafter the Maritime Commission, by enactment of Act 56 in 2007, effective May 1, 2007, was granted the authority to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels; and "Whereas, the General Assembly granted to the Maritime Commission by statute the oversight and permitting responsibilities for the State as to the navigability or depth of the South Carolina portion of the Savannah River, superseding any other concurrent responsibilities of a particular state agency or department; and "Whereas, by enactment of Act 56 in 2007, the General Assembly also bifurcated the permitting process for construction in the South Carolina portion of the Savannah River, such that all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues, including navigable waters permitting criteria, in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels fell within the purview of the Maritime Commission; and "Whereas, the South Carolina General Assembly has learned that, contrary to its legislative enactment of 2007, the authority of the Maritime Commission was unlawfully usurped by the department in its approval of an application from the Savannah District Office of the United States Corps of Engineers for Water Quality Certification pursuant to Section 401 of the Clean Water Act and Construction in Navigable Waters Permit to dredge a portion of the Savannah River in South Carolina as part of the Savannah River Expansion Project; and "Whereas, the South Carolina General Assembly has learned that the approval of the above-referenced application could present imminent and irreversible public health and environmental concerns; and "Whereas, Section 7, Article I of the South Carolina Constitution provides that the power to suspend the laws shall be exercised only by the General Assembly. Now, therefore, [text of section appears]."
S.C. Code Ann. § 49-19-1210 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1210
SECTION 49-19-1210. Assessment for preliminary expenses.
Status: in_force

The board of supervisors of any drainage district organized under the provisions of this chapter may, as soon as they have organized as provided under SECTION 49-19-580 or at any time before the adoption of the Plan of Reclamation, levy a uniform assessment, hereinafter called a tax, of not exceeding fifty cents per acre upon each acre of land within such drainage district, as defined in the petition and decree incorporating the district, to be used for the purpose of paying expenses incurred or to be incurred in organizing the district, making surveys of the district and assessing benefits and damages and to pay other expenses necessarily incurred as may be estimated by the board and chief engineer before the funds to pay the total cost of the works and improvements of the district are available. In case the boundary lines of the district be extended under the provisions of SECTIONS 49-19-2510 to 49-19-2550 so as to include lands not covered by the petition the same uniform assessment shall be made on such other lands as soon as they shall have been annexed and included in the district.
S.C. Code Ann. § 49-19-570 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-570
SECTION 49-19-570. Oath of supervisors.
Status: in_force

Each supervisor before entering upon his official duties shall take and subscribe to an oath before some officer authorized by law to administer oaths that he will honestly, faithfully and impartially perform the duties devolving upon him in office as supervisor of the drainage district in which he was elected or appointed and that he will not neglect any of the duties imposed upon him by this chapter.
S.C. Code Ann. § 49-19-2660 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2660
SECTION 49-19-2660. Construction of bridge by landowner.
Status: in_force

Any owner of land within or without the district may, at his own expense and in compliance with the terms and provisions of this chapter, construct a bridge across any drain, ditch, canal or excavation in or out of the district.
S.C. Code Ann. § 49-29-150 — SC Code / Title 49 / Chapter 29 / Section 49-29-150
SECTION 49-29-150. Application of provisions regarding restrictive use or zoning of lands.
Status: in_force

The provisions of this chapter regarding restrictive use or zoning of lands apply only to those lands which have been accepted into the State Scenic Rivers Program by donation, perpetual easement, or purchase.
S.C. Code Ann. § 49-17-1120 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1120
SECTION 49-17-1120. Contract, costs and procedure where work is joined in by border state.
Status: in_force

Such drainage commissioners in any county of this State may jointly enter into contracts with the proper officers of such counties in any adjoining state to construct, repair or improve any such work of drainage, each to pay such proportion of the costs and expenses of the work as the contracting officials shall deem just. Such work of drainage shall be made on petition of landowners as provided for in this chapter in relation to other works of drainage and all other provisions of this chapter, so far as applicable, shall govern the drainage commissioners and other officers of this State in relation to such joint work of drainage; provided, such adjoining county or counties in other states shall pay their proper share of the necessary costs and expenses.
S.C. Code Ann. § 49-7-130 — SC Code / Title 49 / Chapter 7 / Section 49-7-130
SECTION 49-7-130. Unlawful acts; penalties.
Status: in_force

It shall be unlawful for any person to wilfully injure or destroy, or in any manner hurt, damage, tamper with, or impair the Project of the Authority, or any part of the same, or any machinery, apparatus or equipment of the Authority, or to pollute the water in any part of its Project, or to obtain water therefrom except in accordance with the regulations promulgated by the Authority. Any person so offending shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars nor more than one hundred dollars, or shall be imprisoned for not more than thirty days at the discretion of the court, and shall be further liable to pay all damages suffered by the Authority.
S.C. Code Ann. § 49-19-1940 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1940
SECTION 49-19-1940. Deposit of funds.
Status: in_force

The district treasurer shall keep all funds received by him from any source whatever deposited at all times in some bank, banks or trust company to be designated by the board of supervisors. All interest accruing on such funds shall, when paid, be credited to the district.
S.C. Code Ann. § 49-17-40 — SC Code / Title 49 / Chapter 17 / Article 1 / Section 49-17-40
SECTION 49-17-40. Effect of chapter on local drainage laws.
Status: in_force

This chapter shall not repeal or change any local drainage laws enacted by the General Assembly.
S.C. Code Ann. § 49-5-20 — SC Code / Title 49 / Chapter 5 / Section 49-5-20
SECTION 49-5-20. Legislative declaration of policy.
Status: in_force

The General Assembly declares that the general welfare and public interest require that the groundwater resources of the State be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation, in order to conserve and protect these resources, prevent waste, and to provide and maintain conditions which are conducive to the development and use of water resources.
S.C. Code Ann. § 49-17-850 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-850
SECTION 49-17-850. Removal of engineer and others for cause.
Status: in_force

Any engineer, viewer, superintendent of construction or other person appointed under this chapter may be removed by the clerk of the court, upon petition, for corruption, neglect of duty or other good and satisfactory cause shown.
S.C. Code Ann. § 49-19-1220 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1220
SECTION 49-19-1220. Time for payment of assessment; lien.
Status: in_force

Such tax shall be due and payable as soon as assessed and become delinquent ninety days after the filing of the certificate of such assessment with the county treasurer. It shall become a lien upon the land against which it is assessed from the date of assessment and shall be collected in the same manner as the annual installment of tax.
S.C. Code Ann. § 49-17-260 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-260
SECTION 49-17-260. Board of viewers may borrow expense money; payment of expenses.
Status: in_force

The board of viewers may borrow a sufficient sum of money to defray the costs and expenses of examining the lands described in the petition and making a preliminary report thereon, including the compensation of the engineer and his assistants, not exceeding the amount of the bond filed and may pledge the bond as security for such loan. The sum so borrowed shall be deposited with the clerk of court to be disbursed by him from time to time in payment of the aforesaid costs and expenses, including the compensation of the engineer and his assistants. If the proposed district is finally established such loan, with interest, shall be repaid from the assessment authorized by SECTION 49-17-1310 and if no such loan is procured the aforesaid costs and expenses, including the compensation of the engineer and his assistants, shall be paid from such assessment. But if the petition is dismissed at the cost of the petitioners the sureties on the bond shall be liable, to the extent of the amount of the bond, for the aforesaid costs and expenses, including the compensation of the engineer and his assistants, or the repayment of the loan, together with interest, if a loan has been procured as aforesaid.
S.C. Code Ann. § 49-17-10 — SC Code / Title 49 / Chapter 17 / Article 1 / Section 49-17-10
SECTION 49-17-10. Legislative declaration of public interest.
Status: in_force

It is hereby declared that the drainage of swamps, the drainage of surface water from agricultural lands and the reclamation of tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility and welfare.
S.C. Code Ann. § 49-17-1010 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1010
SECTION 49-17-1010. Notice of letting contract for improvement.
Status: in_force

The board of drainage commissioners shall cause notice to be given for two consecutive weeks in some newspaper published in the county wherein such improvement is located, if such there be, and publication for the same length of time in at least one engineering or contracting journal of wide circulation of the time and place of letting the work of construction of such improvement. In such notice they shall specify the approximate amount of work to be done and the time fixed for the completion thereof.
S.C. Code Ann. § 49-17-1310 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1310
SECTION 49-17-1310. Assessment and tax roll.
Status: in_force

After the classification of the land and the ratio of assessment of the different classes to be made thereon has been confirmed by the clerk of court the drainage commission shall prepare an assessment roll or drainage tax duplicate, giving a description of all the land in the drainage district, the name of the owner, so far as can be ascertained from the public records, and the amount of assessment against each of the several tracts of land and other property in the district which is benefited by the proposed works. In preparing this assessment roll the board shall ascertain the total cost of the improvement, including the damages awarded and to be paid to the owners of lands, and all incidental expenses and deduct therefrom any special assessment made against any railroad or highway and the remainder shall be the amount to be borne and paid by the lands benefited. This amount shall be assessed against the several tracts of land according to the benefit received as shown by the classification and ratio of assessment made by the viewers and confirmed by the clerk of the court. This drainage tax roll shall be made in duplicate, signed by the chairman and secretary and one copy filed with the drainage record and the other delivered to the sheriff or other tax collector, except when the land of the district lies in more than one county when, in addition to the copy of the tax roll which shall be filed with the drainage records, a copy thereof shall be delivered to the treasurer of each of such counties. There shall be appended an order to collect such assessments and the same shall have the force and effect of a judgment as in the case of State and county taxes.
S.C. Code Ann. § 49-17-530 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-530
SECTION 49-17-530. Assessment of damages.
Status: in_force

The engineer and viewers shall assess the damage claimed by anyone that is justly right and due to him for land taken or for inconvenience imposed because of the construction of the improvement or for any other legal damage sustained. Such damage shall be considered separate and apart from any benefit the land would receive because of the proposed work and shall be paid by the board of drainage commissioners when funds shall come into their hands.
S.C. Code Ann. § 49-19-2680 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2680
SECTION 49-19-2680. Reorganization of other drainage districts.
Status: in_force

Any drainage district in this State organized under the provisions of any other law of this State, either general or special, may elect to become and be reorganized under the provisions of this chapter.
S.C. Code Ann. § 49-19-1270 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1270
SECTION 49-19-1270. Excessive or deficient assessments.
Status: in_force

If it be determined that such uniform tax has been paid upon an excess of acreage, as found by the survey constituting a part of the Plan of Reclamation, the amount so paid upon such excess shall be refunded to the person paying it. And if it be determined by such survey that any landowner has been assessed upon a deficiency of acreage when the actual acreage is determined, the assessment shall be made on the difference.
S.C. Code Ann. § 49-4-140 — SC Code / Title 49 / Chapter 4 / Section 49-4-140
SECTION 49-4-140. Temporary surface water withdrawal permit; necessity.
Status: in_force

The department may issue a temporary surface water withdrawal permit to a new applicant while his application is pending, if the temporary permit is necessary to address an imminent hazard to public health or the applicant demonstrates that without a temporary permit he will suffer physical or financial damage. A temporary permit must contain an expiration date, which must not be more than one hundred eighty days after it was issued. The issuance of a temporary permit does not guarantee that the department will issue a permanent permit to the applicant. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-6-10 — SC Code / Title 49 / Chapter 6 / Section 49-6-10
SECTION 49-6-10. Purpose; administering agency.
Status: in_force

There is hereby created the South Carolina Aquatic Plant Management Program for the purpose of preventing, identifying, investigating, managing, and monitoring aquatic plant problems in public waters of South Carolina. The program will coordinate the receipt and distribution of available federal, state, and local funds for aquatic plant management activities and research in public waters. The Department of Natural Resources (department) is designated as the state agency to administer the Aquatic Plant Management Program and to apply for and receive grants and loans from the federal government or such other public and private sources as may be available for the Aquatic Plant Management Program and to coordinate the expenditure of such funds.
S.C. Code Ann. § 49-3-60 — SC Code / Title 49 / Chapter 3 / Section 49-3-60
SECTION 49-3-60. Procedures governing department action which may give rise to a contested case.
Status: in_force

(A) All decisions of the Department of Environmental Services involving the issuance, denial, renewal, suspension, or revocation of permits, licenses, certificates, or other actions of the department which may give rise to a contested case, except a decision to establish a baseline or setback line, must be made using the procedures set forth in this section. A department decision referenced in this subsection relating to a poultry facility or another animal facility, except a swine facility, also must comply with the provisions of Section 49-3-65. (B) The department shall comply with all requirements for public notice, receipt of public comments, and public hearings before making a decision. To the maximum extent possible, the department shall use a uniform system of public notice of permit applications, opportunity for public comment, and public hearings. (C) In making a decision about a permit, license, certification, or other approval giving rise to a contested case, the department shall take into consideration all material comments received in response to the public notice in determining whether to issue, deny, or condition a permit, license, certification, or other approval. At the time that a final departmental decision is made, the department shall issue a final written decision and shall base its decision on the administrative record, which must consist of the application and supporting exhibits, all public comments and submissions, and other documents contained in the supporting file for the permit, license, certification, or other approval. The administrative record also may include material readily available at the department, or published materials which are generally available and need not be physically included in the same file as the rest of the record as long as such materials are specifically referred to in the department decision. The department is not required to issue a final written departmental decision for issuance of routine permits for which the department has not received adverse public comments. The department is required to make a final decision granting the permit where the applicant has met all conditions in statutes and regulations governing that permit. (D)(1) The department shall send a notice of a final departmental decision by certified mail, returned receipt requested to the applicant, permittee, licensee, certificate holder, and affected persons who have requested in writing to be notified. Affected persons may request in writing to be notified by regular mail or electronic mail in lieu of certified mail. Notice of decisions for which a written decision is not required pursuant to subsection (C) must be provided by mail, delivery, or other appropriate means to the applicant, permittee, licensee, certificate holder, and affected persons who have requested in writing to be notified. (2) Decisions by the department become final thirty days after the mailing of a notice pursuant to item (1) unless the applicant, permittee, licensee, certificate holder, or affected person files a request for a contested case hearing with the Administrative Law Court. (3) Within thirty calendar days after the mailing of the decision pursuant to item (1), an applicant, permittee, licensee, certificate holder, or affected person desiring to contest the agency decision may request a contested case hearing before the Administrative Law Court, in accordance with the Administrative Procedures Act. Notwithstanding Section 1-23-600(H)(1), the entirety of Section 1-23-600(H) shall apply to timely requests for a contested case hearing of decisions from the Department of Environmental Services. The court shall give consideration to the provisions of Section 1-23-330 regarding the department's specialized knowledge. (E) If a deadline provided for in this section falls on a Saturday, Sunday, or state holiday, the deadline must be extended until the next calendar day that is not a Saturday, Sunday, or state holiday. Effect of Amendment 2023 Act No. 60, SECTION 5, rewrote the section.
S.C. Code Ann. § 49-19-1050 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1050
SECTION 49-19-1050. Dissolution of district if cost adjudged excessive.
Status: in_force

If, after determining the objections made to the commissioners' report, the court shall find that the estimated costs of works and improvements as reported by the board of commissioners or as amended by the court exceed the estimated benefits, the court shall then render its decree declaring the incorporation of the district to be dissolved as soon as all costs incurred, which shall include court costs and all obligations and expenses incurred in behalf of the district by the board of supervisors, shall have been paid and if the uniform tax levied under the provisions of SECTION 49-19-1210 be found insufficient to pay all such costs the board of supervisors shall make such additional uniform tax levies as will be necessary to pay such deficiency. In estimating the cost of constructing the work and improvements of the district the amount of interest that might accrue upon bonds that may be issued by the board of supervisors under the provisions of this chapter shall not be considered as a part of the cost of construction.
S.C. Code Ann. § 49-7-70 — SC Code / Title 49 / Chapter 7 / Section 49-7-70
SECTION 49-7-70. Powers of Authority.
Status: in_force

In order that the Authority shall be fully empowered to construct the Project, to operate it, and to enlarge and extend it, within the limits of the service area, it shall have the following powers: (1) To have perpetual succession. (2) To sue and be sued. (3) To adopt, use and alter a corporate seal. (4) To define a quorum for its meetings. (5) To maintain a principal office, which shall be located at Moncks Corner. (6) To make bylaws for the management and regulation of its affairs. (7) To build, construct, maintain and operate canals, aqueducts, ditches, tunnels, culverts, flumes, conduits, mains, pipes, dikes and dams. (8) To divert such quantities of available fresh water from the Cooper River to the Back River as the Authority shall determine, and to construct dams or dikes for the purpose of impounding such water in the Back River. (9) To build, construct, maintain and operate distribution systems for the distribution of water for domestic or industrial use. (10) To acquire and operate any type of machinery, appliances or appurtenances, necessary or useful in constructing, operating and maintaining the Project. (11) Subject to the provisions of SECTION 49-7-60, to sell water for industrial or domestic use. (12) To prescribe rates and regulations under which such water shall be sold for domestic and industrial use. (13) Subject to the provisions of SECTION 49-7-60, to enter into contracts of long duration for the sale of water with persons, private corporations, municipal corporations or public bodies or agencies. (14) To prescribe such regulations as it shall deem necessary to protect from pollution all water in its canals, aqueducts, reservoirs, distribution systems or elsewhere within its Project. (15) To make contracts of all sorts and to execute all instruments necessary or convenient for the carrying on of the business of the Authority. (16) To lease or sell and convey lands, or interests therein. (17) To make use of county and State highway rights of way in which to lay pipes and lines, in such manner and under such conditions as the appropriate officials in charge of such rights of way shall approve. (18) To alter and change county and State highways wherever necessary to construct the Project, under such conditions as the appropriate officials in charge of such highways shall approve. (19) To acquire, by purchase, gift, or through the exercise of eminent domain, all land, interests therein, easements, rights of way, which the Authority shall deem necessary to enable it to fully and adequately discharge all functions committed to it. The power herein granted shall be deemed to include the power to acquire protective areas of land adjacent to its Project, in order that discharges into and withdrawals from its Project shall be fully controlled. (20) To exercise the power of eminent domain for any corporate function. The power of eminent domain may be exercised through any procedure prescribed by Chapter 5, Title 28, or by following the procedure for the exercise of eminent domain by the State Highway Department, prescribed by Article 3, Chapter 5, Title 57, as such statutes are now constituted or as they may afterwards be constituted following any amendments thereto. (21) To appoint officers, agents, employees and servants, to prescribe the duties of such, to fix their compensation, and to determine if and to what extent they shall be bonded for the faithful performance of their duties. (22) To make contracts for construction, engineering, legal and other services, with or without competitive bidding. (23) To borrow money and to make and issue negotiable bonds, notes and other evidences of indebtedness, payable from all or any part of the revenues derived from the operation of the Project. The sums borrowed may be those needed to pay all costs incident to the construction and establishment of the Project, and any extension, addition, and improvement thereto, including engineering costs, construction costs, the sum needed to pay interest during the period prior to which the Project, or any extension, addition or improvement thereto shall be fully in operation, such sum as is needed to supply working capital to place the Project in operation, and all other expenses of any sort that the Authority may incur in establishing, extending and enlarging the Project. Neither the faith and credit of the State, nor of any county, municipality or political subdivision of the State shall be pledged for the payment of the principal and interest of the obligations, and there shall be on the face of each obligation a statement, plainly worded, to that effect. Neither the members of the Authority nor any person signing the obligations shall be personally liable thereon. To the end that a convenient procedure for borrowing money may be prescribed, the Authority shall be fully empowered to avail itself of all power granted by Chapter 21, Title 6, and by Chapter 17, Title 6, as now or hereafter constituted, it being the intent of this provision that further amendments and modifications of these Code provisions shall be deemed to amend and revise correspondingly the powers granted by this section. In exercising the power conferred upon the Authority by such Code provisions, the Authority may make all pledges and covenants authorized by any provision thereof, and may confer upon the holders of its securities all rights and liens authorized by such Code provisions. Specifically, and notwithstanding contrary provisions in any of such Code provisions, if contrary provisions there be, the Authority may: (a) Covenant and agree that upon it being adjudged in default as to the payment of any installment of principal or interest upon any obligation issued by it or in default as to the performance of any covenant or undertaking made by it, that in such event, the principal of all obligations of such issue may be declared forthwith due and payable, notwithstanding that any of them may not have then matured; (b) Confer upon a corporate trustee the power to make disposition of the proceeds from all borrowings and of all revenues derived from the operation of the Project, in accordance with and in the order of priority prescribed by the resolutions adopted by the Authority as an incident to the issuance of any notes, bonds or other types of securities; (c) Dispose of its obligations at public or private sale, and upon such terms and conditions as it shall approve; (d) Make such provision for the redemption of any obligations issued by it prior to their stated maturity, with or without premium, and on such terms and conditions as the Authority shall approve; (e) Covenant and agree that any cushion fund established to further secure the payment of the principal and interest of any obligations shall be in a fixed amount; (f) Limit or prohibit free service to any person, firm, corporation, municipal corporation, or any subdivision or division of the State; (g) Prescribe the procedure, if any, by which the terms of the contract with the holders of its obligations may be amended, the number of obligations whose holders must consent thereto, and the manner in which such consent shall be given; (h) Prescribe the events of default and the terms and conditions upon which all or any obligations shall become or may be declared due before maturity, and the terms and conditions upon which such declaration and its consequences may be waived; (24) To do all other acts and things necessary or convenient to carry out any function or power committed or granted to the Authority. (25) To acquire, by purchase, protective areas of land adjacent to the Project site already acquired, and in the case of the acquisition of any such adjacent protective areas by purchase, to secure any unpaid portion of the purchase price of such lands by executing purchase money obligations for any unpaid portion of the purchase price, and to secure such purchase money obligations by purchase money mortgages on the lands so purchased. No such purchase money mortgage shall include any provision which might enable the holder, or any person claiming by, through or under such mortgage, or any person acquiring the property at any judicial sale, to obtain any rights to or rights in any property of the Authority other than the protective area lands in connection with the purchase of which any purchase money mortgages may be executed. Permission is given to the holder or holders of purchase money obligations and purchase money mortgages executed by the Authority, if and when the same shall be in default, to bring suits against the Authority for the enforcement of such obligations and for the foreclosure of such mortgages in the form and manner of foreclosure suits between individual citizens, and in such suits, to have the mortgaged lands sold under proper judicial decree. The principal and interest of all obligations given by the Authority secured by purchase money mortgages upon real property acquired by the Authority, pursuant to this section, shall have the tax exempt status prescribed by SECTION 12-1-60, and all such obligations shall have endorsed on the face thereof the following: "The principal of and interest on these bonds are exempted from all and any State, county, municipal and other taxes whatsoever under the laws of the State of South Carolina." The protective areas of land, herein authorized to be acquired by the Authority, are not confined to the watershed of Back River but shall include adjacent lands beyond the watershed of Back River when needed by the Authority, in its discretion, to fully control orderly withdrawals from its Project, and the Authority is expressly authorized to dispose of portions of such protective areas for use as industrial sites, by sale or lease, upon terms, conditions and restrictions consistent with the orderly and economical construction, development and operation of the Project. (26) To borrow money and to secure such indebtedness or any portions thereof by a real estate mortgage or mortgages on lands consisting of four hundred ten and eight-tenths acres, or any part thereof, as shown on a plat on file with the Authority by Joseph Henry Moore, C. E., Consulting Engineer, dated the eighteenth day of March 1957. The powers conferred in this subsection are in addition to all other powers granted to the Authority. (27) If the Authority shall become entitled to moneys by virtue of any contract between itself and any county, municipal corporation, or political subdivision of this State, then it shall be empowered to borrow from time to time in anticipation of the receipt of such money. Such loans shall be evidenced by notes of the Authority to become due in not exceeding twelve months from their date. They shall bear such rate of interest and shall be of such tenor and effect as the Authority shall prescribe. Such loans may be privately negotiated in the discretion of the Authority. They shall be payable solely from the moneys in anticipation of the receipt of which they shall be borrowed. The aggregate indebtedness at any one time outstanding, exclusive of interest, shall never exceed three hundred thousand dollars.
S.C. Code Ann. § 49-7-90 — SC Code / Title 49 / Chapter 7 / Section 49-7-90
SECTION 49-7-90. Chapter does not affect Santee Cooper Project.
Status: in_force

Nothing in this chapter contained shall in anywise affect the operation of the Santee Cooper Project by the South Carolina Public Service Authority.
S.C. Code Ann. § 49-19-220 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-220
SECTION 49-19-220. Petition for formation.
Status: in_force

For that purpose the Department of Administration or a majority of the owners or the owners of a majority of the acreage of such lands may make and sign a petition in which shall be stated: (1) The name of the proposed drainage district; (2) The number of years the district is to continue; (3) The boundaries of the proposed district; (4) The names so far as known and the last post-office addresses of the owners of lands in the district together with the approximate number of acres owned by each and if the name or post-office address of the owner of any of such lands is unknown to the petitioners that fact shall be set out in the petition; and (5) That the owners of the lands within the district whose names are subscribed to the petition are willing to and do obligate and bind the lands owned by them situated in the proposed drainage district to pay the tax or taxes which may be assessed against their respective lands to pay the expense of organizing and of making and maintaining the improvements that may be necessary to effect the reclamation of such lands so formed into a drainage district and to drain and protect them from the effects of water; And the petition shall contain a prayer asking that the lands described therein be declared a drainage district under the provisions of this chapter. The petition may be signed by the Board or by a majority of the owners or the owners of a majority of the acreage of the lands or by both the Board and such owners of lands. After the petition has been so signed it shall be filed in the office of the clerk of the court of common pleas of the county in which such lands or the greater part thereof are situate. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-19-2190 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2190
SECTION 49-19-2190. Bonds as a lien; mandamus to compel tax levy.
Status: in_force

All bonds issued by any board of supervisors under the provisions of this chapter shall be secured by a lien on all lands and other property benefited in the district and the board of supervisors shall see to it that a tax is levied annually and collected under the provisions of this chapter so long as it may be necessary to pay any bond issue or obligation contracted under its authority. The making of such assessment and collection may be enforced by mandamus.
S.C. Code Ann. § 49-17-880 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-880
SECTION 49-17-880. Compensation, fees, and expenses generally.
Status: in_force

Any engineer employed under the provisions of this chapter shall receive such compensation per diem for his services as shall be fixed and determined by the clerk of the court and the viewers, other than the engineer. The viewers shall also receive a per diem. The rodmen, axmen, chainmen and all other laborers shall receive such compensation as shall be fixed by the board of viewers. All other fees and costs incurred under the provisions of this chapter shall be the same as provided by law for like services in other cases. If the proposed district is finally established such costs and expenses shall be paid by order of the clerk of the court, out of the drainage fund, and the board of drainage commissioners shall issue warrants therefor when funds shall be in the hands of the treasurer; provided, that if the petition is dismissed at the cost of the petitioners such costs and expenses shall be paid by the petitioners or out of the bond, as set forth in SECTIONS 49-17-280 and 49-17-640; and provided, further, that if a loan is procured on the bond as set forth in SECTION 49-17-260 it shall be repaid in like manner.
S.C. Code Ann. § 49-7-80 — SC Code / Title 49 / Chapter 7 / Section 49-7-80
SECTION 49-7-80. Sale of electricity or electric power prohibited.
Status: in_force

To the end that the Authority shall not compete with the Santee Cooper Project of the South Carolina Public Service Authority, or private electric utilities, it shall not be permitted to sell or distribute electricity or electric power for any purpose whatsoever.
S.C. Code Ann. § 49-19-1790 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1790
SECTION 49-19-1790. Enforcement of lien.
Status: in_force

The liens established and declared in SECTION 49-19-1750 shall be enforced by an action in chancery on delinquent tax statements made and certified by the county treasurer which shall be instituted in the court of common pleas without regard to the amount of the claim within twelve months after the date such tax becomes delinquent. The suit shall be brought in the corporate name of the district by its attorney against the land or property on which such drainage tax has not been paid. The suit shall be brought in the county in which the property is situated, except when the tract or property sued upon be in more than one county in which event the suit may be brought on the whole tract in any county in which any portion thereof may be situated. The pleadings, process, proceedings, practice and sales in cases arising under this chapter shall, except as herein provided, be the same as in an action for the enforcement of other liens or mortgages upon real estate.
S.C. Code Ann. § 49-11-240 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-240
SECTION 49-11-240. Authority of department to inspect and enter on lands and waterways; regulations.
Status: in_force

(A) The department or its authorized agents may inspect the dam or reservoir and surrounding area to determine the safety of the structure. (B) An authorized member, agency, or representative of the department may enter state or private lands and natural or artificial waterways in the State to discharge the duties set forth in this article. (C) The department shall formulate reasonable regulations, including, but not limited to, minimum safety design standards for impoundments, safety inspection standards, water discharge, or drawdown rates and levels in unsafe impoundments and for other purposes necessary to administer this article. (D) The department shall issue all orders, permits, or licenses set forth in this article.
S.C. Code Ann. § 49-19-1820 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1820
SECTION 49-19-1820. Notice of suit to enforce lien.
Status: in_force

Notice of the pendency of such suit shall be given by publication once each week for four successive weeks before judgment is entered for the sale of such lands in some newspaper published in the county in which such suits may be pending. Such notice may be in the following form: NOTICE Notice is hereby given to all persons having or claiming any interest in the lands hereinafter mentioned that suit is pending in the court of common pleas of __________ County, South Carolina, to enforce the collection of certain drainage taxes on such lands situated in __________ drainage district in said county, the name or names of the owners, so far as known, having been set opposite the lands owned by them, together with the amounts severally due from each, to wit: (Here follows a list of owners, so far as can be ascertained, with a descriptive list of the delinquent lands and amounts due thereon respectively.) Any and all persons and corporations interested in said lands or any part thereof are hereby notified that they are required by law to appear within twenty days after this notice has been published four weeks and make defense to such suit or the same will be taken for confessed and final judgment and decree will be entered directing the sale of all or any part of such lands for the purpose of collecting such taxes, together with the payment of interest, penalty and costs allowed by law, including a reasonable attorney's fee.
S.C. Code Ann. § 49-1-80 — SC Code / Title 49 / Chapter 1 / Section 49-1-80
SECTION 49-1-80. International Paper Company may use water from Great Pee Dee River.
Status: in_force

The State hereby grants permission to the International Paper Company to divert from the Great Pee Dee River, for use in the course of operation of its plant located at Georgetown in Georgetown County, one hundred cubic feet of water per second each day. The point of diversion shall be at a point twelve and eight-tenths miles above the Yauhanna Bridge on Route U. S. No. 701, and the main works for the diversion shall be located on the south side of the river. Provided, that the International Paper Company shall obtain all necessary rights of way from the landowners concerned, from and including the point of diversion to the point of use at the plant in Georgetown. Provided, further, that the total amount of water taken out of the Great Pee Dee River pursuant to the terms of this section and SECTION 49-1-90 shall not exceed eight per cent of the flow of the stream at the point of diversion. Provided, further, that this section and SECTION 49-1-90 shall not affect the right of any person to recover, in a court of competent jurisdiction, damages sustained as a result of the diversion of water permitted by this section and SECTION 49-1-90. Provided, further, that the International Paper Company shall take the water authorized herein as is, and shall have no legal or equitable recourse against any present or future user on said river or tributary thereof unless such upper user is violating the laws, rules or regulations regulating the pollution or control of rivers and streams of this State. Provided, further, that nothing in this section and SECTION 49-1-90 contained shall prevent any riparian owner of lands, either above or below the point of diversion, to use the waters of the Pee Dee River for irrigation and for other agricultural purposes. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-29-180 — SC Code / Title 49 / Chapter 29 / Section 49-29-180
SECTION 49-29-180. Administration of chapter; regulations; restrictions on management of scenic rivers.
Status: in_force

The department shall administer the provisions of this chapter. The department may promulgate regulations to carry out the provisions of this chapter. In addition to general regulations, the department may promulgate further regulations based on the individual attributes of each designated scenic river area if regulations do not defeat, conflict with, or minimize the provisions of the general regulations for each class of scenic river. No scenic river may be managed in a manner that would result in the river corridor falling into a less restrictive class. Nothing in this chapter or its implementation may restrict reasonable utilization of the rivers in the program for fishing from the banks of the rivers or river segments. SECTION 49-29-190. Agreements for mutual management of scenic rivers; certain agencies to assist department The department may enter into agreements with local, state, and federal agencies, and private landowners, for the mutual management of a scenic river. An agency which has administrative jurisdiction over lands or interests in land along a state scenic river must assist the department to implement the policies and practices of this chapter.
S.C. Code Ann. § 49-19-2640 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2640
SECTION 49-19-2640. Connection of existing canals, ditches, or drains with system.
Status: in_force

At the time of the construction in any district incorporated under this chapter of the Plan of Reclamation all canals, ditches or systems of drainage already constructed in the district and all watercourses shall, if necessary to the drainage of any lands in the district, be connected with and made a part of the works and improvements of the plan of drainage of the district.
S.C. Code Ann. § 49-5-150 — SC Code / Title 49 / Chapter 5 / Section 49-5-150
SECTION 49-5-150. Existing capacity use areas.
Status: in_force

Existing capacity use areas and requirements as specified in Regulations 121-1 and 121-2, S. C. Code of Regulations, remain in effect until the department promulgates regulations under the authority of this chapter.
S.C. Code Ann. § 49-7-100 — SC Code / Title 49 / Chapter 7 / Section 49-7-100
SECTION 49-7-100. Rates not subject to state supervision or regulation.
Status: in_force

The rates charged for services furnished by the Project, as constructed, improved, enlarged and extended, shall not be subject to supervision or regulation by any State bureau, board, commission or like instrumentality or agency thereof.
S.C. Code Ann. § 49-19-990 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-990
SECTION 49-19-990. Report of appraisal commissioners.
Status: in_force

The board of commissioners shall prepare a report of their findings which shall be arranged in tabular form the columns of which shall be headed as follows: Column one, "Owner of property assessed"; column two, "Description of property assessed"; column three, "Number of acres assessed"; column four, "Amount of benefits assessed"; column five, "Amount of damages assessed"; column six, "Number of acres to be taken for rights of way, holding basins, etc."; and column seven, "Value of property to be taken." They shall also, by and with the advice of the engineer of the district, estimate the cost of the works set out in the Plan of Reclamation. The estimate shall include the cost of property required for rights of way, holding basins and other works and damages and the probable expense of organization and administration, as estimated by the board of supervisors, and shall tabulate the same. The report shall be signed by at least a majority of the commissioners and filed in the office of the clerk of the court of common pleas organizing such drainage district. The secretary of the board of supervisors or his deputy shall accompany the commissioners while engaged in their duties and shall perform all clerical work for the board. He shall also, under the advice, supervision and direction of the attorney for the district, prepare their report.
S.C. Code Ann. § 49-19-600 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-600
SECTION 49-19-600. Compensation and expenses of supervisors.
Status: in_force

The members of the board shall receive their actual expenses incurred in attending the meetings of the board and for attending any business for and in behalf of the district. Any such expense account shall be audited by the board before payment but the board shall receive no compensation for their services unless the landowners at the annual meeting shall determine to pay a compensation which in no event shall exceed five dollars per day for the time actually engaged in work for the district and five cents per mile for mileage not to exceed one hundred miles actually traveled. Mileage, if allowed, shall in no case exceed one hundred miles and shall be in lieu of all other expenses in attending sessions of the board; provided, however, that if the secretary be a member of the board he shall be entitled to compensation as provided in SECTION 49-19-730.
S.C. Code Ann. § 49-17-1680 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1680
SECTION 49-17-1680. Correction of assessment books.
Status: in_force

The county auditor shall make the original and duplicate assessment book conform each year with such report and changes.
S.C. Code Ann. § 49-19-1960 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1960
SECTION 49-19-1960. Audit and report.
Status: in_force

The board of supervisors shall audit or have audited the books of the treasurer of the district at least once each year and make report thereof to the landowners at the annual meeting and publish a statement within thirty days thereafter, showing the amount of money received, the amount paid out during such year and the amount in the treasury at the beginning and end of the year.
S.C. Code Ann. § 49-1-10 — SC Code / Title 49 / Chapter 1 / Section 49-1-10
SECTION 49-1-10. Navigable streams considered common highways; obstruction as nuisance.
Status: in_force

All streams which have been rendered or can be rendered capable of being navigated by rafts of lumber or timber by the removal of accidental obstructions and all navigable watercourses and cuts are hereby declared navigable streams and such streams shall be common highways and forever free, as well to the inhabitants of this State as to citizens of the United States, without any tax or impost therefor, unless such tax or impost be expressly provided for by the General Assembly. If any person shall obstruct any such stream, otherwise than as in Chapters 1 to 9 of this Title provided, such person shall be guilty of a nuisance and such obstruction may be abated as other public nuisances are by law. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-19-2140 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2140
SECTION 49-19-2140. Levy of tax to pay bonds and interest.
Status: in_force

The board of supervisors in making the annual tax levy, as heretofore provided, shall take into account the maturing bonds and interest on all bonds and make provision in advance for the payment thereof. In case the proceeds of the original tax levy made under the provisions of SECTION 49-19-1610 are not sufficient to pay the principal and interest on all bonds issued the board of supervisors shall make such additional levy or levies upon benefits assessed as are necessary for this purpose and under no circumstances shall any tax levies be made that will in any manner or to any extent impair the security of the bonds or the fund available for the payment of the principal and interest of thereof.
S.C. Code Ann. § 49-17-1360 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1360
SECTION 49-17-1360. Terms of bonds.
Status: in_force

The bonds shall bear interest at a rate not exceeding six per cent per annum, payable semiannually. The bonds shall be payable at a time not less than ten nor more than twenty-five years after their issue and shall be paid up in full at maturity.
S.C. Code Ann. § 49-17-1040 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1040
SECTION 49-17-1040. Entry on lands by contractor; removal of bridges, fences, or timber.
Status: in_force

In the construction of the work the contractor may enter upon the lands necessary for this purpose and may remove private or public bridges or fences and cross private lands in going to or from the work. In case the right of way of the improvement is through timber the owner thereof may remove it, if he so desires, before the work of construction begins and in case it is not removed by the landowner it may be removed by the contractor.
S.C. Code Ann. § 49-27-20 — SC Code / Title 49 / Chapter 27 / Section 49-27-20
SECTION 49-27-20. Authority to create commission; powers and duties; unilateral withdrawal from commission; dissolution of commission; distribution of property.
Status: in_force

The three counties may by joint ordinance create the Lake Wylie Marine Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of each applicable state. The provisions of any joint ordinance may be modified, amended, or rescinded by a subsequent joint ordinance. A county may unilaterally withdraw from participation as required by any joint ordinance or the provisions of this chapter once the commission has been created. Any county may, by ordinance, unilaterally withdraw from the commission at the end of any budget period upon ninety days' prior written notice. Upon the effectuation of the withdrawal, the commission is dissolved and all property of the commission must be distributed to or divided among the three counties and any other public agency or agencies serving the Lake Wylie area in a manner considered equitable by the commission by resolution adopted prior to dissolution.
S.C. Code Ann. § 49-6-30 — SC Code / Title 49 / Chapter 6 / Section 49-6-30
SECTION 49-6-30. Aquatic Plant Management Council; membership; duties.
Status: in_force

There is hereby established the South Carolina Aquatic Plant Management Council, hereinafter referred to as the council, which shall be composed of ten members as follows: 1. The council shall include one representative from each of the following agencies, to be appointed by the chief executive officer of each agency: (a) Water Resources Division of the Department of Natural Resources; (b) South Carolina Department of Health and Environmental Control; (c) Wildlife and Freshwater Fish Division of the Department of Natural Resources; (d) South Carolina Department of Agriculture; (e) Coastal Division of the Department of Health and Environmental Control; (f) South Carolina Public Service Authority; (g) Land Resources and Conservation Districts Division of the Department of Natural Resources; (h) South Carolina Department of Parks, Recreation and Tourism; (i) Clemson University, Department of Fertilizer and Pesticide Control. 2. The council shall include one representative from the Governor's Office, to be appointed by the Governor. 3. The representative of the Water Resources Division of the Department of Natural Resources shall serve as chairman of the council and shall be a voting member of the council. The council shall provide interagency coordination and serve as the principal advisory body to the department on all aspects of aquatic plant management and research. The council shall establish management policies, approve all management plans, and advise the department on research priorities.
S.C. Code Ann. § 49-4-175 — SC Code / Title 49 / Chapter 4 / Section 49-4-175
SECTION 49-4-175. Authority to collect, and the amount of, surface water withdrawal permit fees.
Status: in_force

(A) The department is authorized to collect the following surface water withdrawal program fees: (1) existing surface water withdrawal permit application processing fee $1,000; (2) new surface water withdrawal permit application processing fee $7,500; (3) modification of surface water withdrawal permit application processing fee $2,000; (4) renewal of surface water withdrawal permit with modifications application processing fee $1,000; (5) surface water withdrawal annual operating fee per permitted intake $1,000. (B) The department shall retain the fees collected pursuant to this section for the purposes of implementing and operating the Surface Water Permitting and Withdrawal regulatory program, including permit application review, compliance inspections, and enforcement and for technical assistance and monitoring.
S.C. Code Ann. § 49-19-650 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-650
SECTION 49-19-650. District treasurer; appointment, duties, and compensation.
Status: in_force

The board of supervisors in any drainage district shall select and appoint some competent person as treasurer of such district who shall receive and receipt for all the drainage taxes collected by the county treasurer or treasurers and shall also receive and receipt for the proceeds of all tax sales made under the provisions of this chapter. The district treasurer shall receive such compensation as may be fixed by the board of supervisors.
S.C. Code Ann. § 49-4-150 — SC Code / Title 49 / Chapter 4 / Section 49-4-150
SECTION 49-4-150. Amount of withdrawal dependent on definition of minimum instream flow; public water suppliers; determination of amount of water available.
Status: in_force

(A)(1)(a) For new surface water withdrawers located on a stream segment not influenced by a licensed or otherwise flow controlled impoundment, the surface water withdrawal permit authorizes withdrawals up to the permitted amount pursuant to this chapter's definition of minimum instream flow subject to the provisions contained in subsection (A)(1)(b). (b) Anytime the flow at the point of the permitted withdrawal is less than or equal to the minimum instream flow and taking into consideration natural and artificial replenishment of the surface water and existing or planned consumptive and nonconsumptive uses affected by the withdrawal downstream, the permitted surface water withdrawer must implement applicable portions of his water contingency plan and will discontinue consumptive use from the surface water source. If after all reasonable contingency plans have been implemented, and the surface water withdrawer is within fifteen days of exhausting the usable water supply from his supplemental water source, he may then give notice to the department that he is exhausting his supplemental water sources and that he intends to return to the withdrawal source in amounts up to his permitted amount. Upon receiving notice, the department must determine whether all or any portion of the withdrawal will result in a significant negative impact to an existing user or the environment if the permitted withdrawals are resumed. If the department does not make its determination within ten days of receipt of notice, the permittee may make withdrawals up to the permitted amount until the department notifies the permittee whether all or any portion of the withdrawal will result in a significant negative impact to an existing user or the environment during this low flow period. (2)(a) The permitted surface water withdrawer may withdraw water from the permitted surface withdrawal point in order to refill his supplemental water source, or other drought contingency water supply vessels, anytime the river flow exceeds the minimum instream flow. (b) The permitted surface water withdrawer utilizing a drought contingency pond as all or some of his supplemental water source may withdraw the entire volume of water from the pond during low flow periods requiring supplemental water source usage. Water withdrawn from drought contingency ponds are not subject to environmental and permitting restrictions. (c) New surface water withdrawers are not required to engineer the supplemental water source identified in their contingency plan any larger than the quantity that allows for facility operations during twenty percent mean annual daily flow conditions, based upon a review of historical low flow data and projected facility consumptive water uses during low flow periods. A new surface water withdrawer may not return to the withdrawal source when his supplemental water source is exhausted unless he engineered his supplemental water source to meet the specifications of this subsection. (3) For surface water withdrawal points located on a surface water segment downstream of and influenced by a licensed or otherwise flow controlled impoundment, the minimum instream flow shall be the flow specified in the license by the appropriate governmental agency. Surface water withdrawal points downstream of a licensed or otherwise flow controlled impoundment are considered to be influenced by the impoundment unless it can be demonstrated by the department through flow modeling and analysis of flow data that the withdrawal point is no longer materially influenced by the impoundment. The minimum instream flow set in this item does not apply to withdrawal points located downstream of an impoundment that are beyond the influence of the impoundment. (4) When a surface water withdrawal point is located on a licensed or otherwise flow controlled impoundment, a withdrawal permit may not authorize the withdrawal of surface water in an amount that would cause a reservoir: (a) water level to drop below its minimum water level; or (b) to be unable to release the lowest minimum flow specified in the license for that impoundment as issued by the appropriate government agency. (5) When a surface water withdrawal point is located on an impoundment that serves as a water supply for a federally licensed facility that is also an existing surface water withdrawer, a withdrawal permit may not authorize any new surface water withdrawer to withdraw surface water in an amount that would negatively impact the continued operations of the federally licensed facility. The requirements contained in this item do not apply to an expansion or addition of units at a federally licensed facility. (6) The requirements of items (1) through (4) do not apply to public water suppliers. Public water suppliers are required to implement their contingency plan measures, applicable to their service territory, commensurate with the drought level declared by the State Drought Response Committee and in accordance with any drought response plan required by the owner of a licensed impoundment. (B) When determining the amount of water available to be withdrawn for future surface water withdrawers in a particular stream segment, the department shall determine the inflow at the beginning of the stream segment, as well as the inflow from tributaries, based on historical flow. Also, the department shall account for returns of water to the stream segment from all sources, including, but not limited to, municipalities, utilities, and industries. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-23-30 — SC Code / Title 49 / Chapter 23 / Section 49-23-30
SECTION 49-23-30. Duties and authority of department.
Status: in_force

The department shall formulate, coordinate, and execute a drought mitigation plan. The plan must be developed consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in Chapter 3 of Title 49, to the extent that the plan is compatible with the comprehensive state water plan. In carrying out these responsibilities, the department shall seek and utilize to the extent possible the input, resources, and expertise of other agencies in assisting in drought mitigation planning and response.
S.C. Code Ann. § 49-17-1710 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1710
SECTION 49-17-1710. Extension of time for payment of assessment.
Status: in_force

The board of drainage commissioners may extend the time for the payment of the original assessment or any annual assessment for drainage purposes.
S.C. Code Ann. § 49-19-280 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-280
SECTION 49-19-280. Jurisdiction of court.
Status: in_force

The court of common pleas of the county in which any such petition has been filed shall thereafter maintain and have original and exclusive jurisdiction, coextensive with the boundaries and limits of the proposed district, without regard to county lines, for all purposes of this chapter.
S.C. Code Ann. § 49-25-30 — SC Code / Title 49 / Chapter 25 / Section 49-25-30
SECTION 49-25-30. Powers and duties of office.
Status: in_force

The office has the following powers and duties: 1. to serve as a climatological focal point for state government and its agencies; 2. to provide climatological support to the department and other state agencies as required, including collection and analysis of climatic data, such as drought, flood, rainfall, storms, and other climatic information that affect water management in South Carolina; 3. to acquire, archive, process, and disseminate all climatic and weather information which is or may be of value to policy and decision makers in the State; 4. to act as the representative of the State in all climatological and meteorological matters within and outside the State; 5. to prepare, publish, and disseminate regular climatic information for those individuals, agencies, and organizations whose activities are related to the welfare of the State and are affected by climate and weather, and to serve as a source of climatic information for the citizens of South Carolina; 6. to conduct and report on studies of climate and weather phenomena of significant socioeconomic importance to the State; 7. to evaluate the significance of natural, man-made, deliberate, and inadvertent changes or modifications in the climate and weather affecting the State, and to report this information to those agencies and organizations in the State which are likely to be affected by the changes or modifications.
S.C. Code Ann. § 49-5-130 — SC Code / Title 49 / Chapter 5 / Section 49-5-130
SECTION 49-5-130. Wells not requiring pumps; restriction of flow; promulgation of regulations.
Status: in_force

Wells that are flowing by releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface at a rate of greater than five thousand gallons a day at any time are an unreasonable use of groundwater constituting waste and are prohibited, except that the water from these wells may be utilized to the extent actually necessary for a specific use. These wells must be fitted with a mechanism to restrict the flow of water if the flow is in excess of that necessary for the specific use. The department may promulgate regulations to govern use of these wells in this State.
S.C. Code Ann. § 49-19-50 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-50
SECTION 49-19-50. Designation of subdrainage districts.
Status: in_force

If any drainage district or districts organized or established under the provisions of this chapter shall be within the boundaries of a district or districts theretofore established under any law of this State the district or districts last organized and established shall be designated as subdrainage districts.
S.C. Code Ann. § 49-17-1330 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1330
SECTION 49-17-1330. Notice of proposed bond issue.
Status: in_force

In case the total assessment exceeds the average of twenty-five cents per acre on all the lands in the district the board of drainage commissioners may give notice of three weeks by publication in some newspaper of general circulation in the district, if there be one, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places in the drainage district that they propose to issue bonds for the construction of such improvement, giving the amount of bonds to be issued, the rate of interest they are to bear and the time when payable.
S.C. Code Ann. § 49-19-970 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-970
SECTION 49-19-970. Considerations in assessing benefits.
Status: in_force

The commissioners in assessing the benefits to lands, public highways, railroads and other rights of way not traversed by such works and improvements as provided for in the Plan of Reclamation shall not consider what benefits will be derived by such property after other ditches, improvements or other plans for reclamation shall have been constructed but they shall assess only such benefits as will be derived from the construction of the works and improvements set out in the Plan of Reclamation or as the same may afford an outlet for drainage or protection from overflow of such property. The commissioners shall give due consideration and credit to any other canal, drain, ditch, dyke, levee or other system of reclamation which may have already been constructed and which affords partial or complete protection to any tract or parcel of land in the new district. The public highways, railroads and other rights of way shall be assessed according to the increased physical efficiency and decreased maintenance cost of roadways by reason of the protection to be derived from the proposed works and improvements.
S.C. Code Ann. § 49-17-830 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-830
SECTION 49-17-830. Officers; seal.
Status: in_force

The commissioners shall organize by electing from among their number a chairman and a vice-chairman. They shall also elect a secretary, either within or without their body. The treasurer of the county in which the proceedings were instituted shall be ex officio treasurer of such drainage commissioners. The board shall adopt a seal, which they may alter at pleasure.
S.C. Code Ann. § 49-33-60 — SC Code / Title 49 / Chapter 33 / Section 49-33-60
SECTION 49-33-60. Filing of certificates.
Status: in_force

The secretary of the authority shall file in the offices of the clerk of court for Marlboro County and the Secretary of State appropriate certificates, showing the personnel of the authority and the duration of the terms of the respective members.
S.C. Code Ann. § 49-17-1130 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1130
SECTION 49-17-1130. Failure of contractor; reletting contract.
Status: in_force

If any contractor to whom a portion of the work shall have been let shall fail to perform it according to the terms specified in his contract, action may be had in behalf of the board of drainage commissioners against such contractor and his bond in the court of common pleas for damages sustained by the drainage district and recovery made against such contractor and his sureties. In such an event the work shall be advertised and relet in the same manner as the original letting.
S.C. Code Ann. § 49-19-20 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-20
SECTION 49-19-20. Provisions of chapter cumulative.
Status: in_force

This chapter shall be construed to be cumulative to other laws of this State relating to the organization or incorporation of levee or drainage districts.
S.C. Code Ann. § 49-19-2110 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2110
SECTION 49-19-2110. Issuance of bonds authorized; terms and execution.
Status: in_force

The board of supervisors may, if in their judgment it seems best, issue bonds not to exceed ninety per cent of the total amount of the taxes levied under the provisions of SECTION 49-19-1610, in denominations of not less than one hundred dollars, bearing interest from date at a rate not to exceed six per cent per annum, payable semiannually, to mature at annual intervals within thirty years commencing after a period of years not later than ten years, to be determined by the board of supervisors, both principal and interest payable at some convenient banking house or trust company's office to be named in the bonds. Such bonds shall be signed by the president of the board of supervisors, attested with the seal of the district and by the signature of the secretary of the board, shall show on their face the purpose for which they are issued and shall be payable out of money derived from the above-mentioned taxes.
S.C. Code Ann. § 49-19-1440 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1440
SECTION 49-19-1440. General powers of board of supervisors.
Status: in_force

In order to effect the drainage, protection and reclamation of the land in the district subject to the tax the board of supervisors may: (1) Clean out, straighten, open up, widen, change the course of flow of, alter or deepen any canal, ditch, drain, river, watercourse or natural stream and concentrate, divert or divide the flow of water in or out of the district; (2) Construct and maintain main and lateral ditches, canals, levees, dykes, dams, sluices, revetments, reservoirs, holding basins, floodways, pumping stations and syphons and connect them or any of them with any canals, drains, ditches, levees or other works that may have been constructed by the State Department of Administration or the State of South Carolina and with any natural stream, lake or watercourse in or adjacent to the district; (3) Build and construct any other works improvements deemed necessary to preserve and maintain the works in or out of the district; (4) Construct or enlarge or cause to be constructed or enlarged any and all bridges that may be needed in or out of the district across any drain, ditch, canal, floodway, holding basin, excavation, public highway, railroad right of way, track, grade, fill or cut; (5) Construct roadways over levees and embankments; (6) Construct any and all of such works and improvements across, through or over any public highway, railroad right of way, track, grade, fill or cut in or out of the district; (7) Remove any fence, building or other improvement in or out of the district; (8) Hold, control and acquire by donation or purchase and if need be condemn any land, easement, railroad right of way, sluice, reservoir, holding basin or franchise in or out of the district for rights of way, holding basins or for any of the purposes herein provided or for material to be used in constructing and maintaining the works and improvements for draining, protecting and reclaiming the lands in the district; (9) Develop, hold and control all water created by the construction of works of the district; (10) Construct and maintain a hydroelectric power plant or plants for the purpose of developing power for the use of the district and use any funds in the treasury of the district not otherwise appropriated for the construction and maintenance of such power plant or plants; (11) Lease any surplus power in excess of that required for the uses of the district, the proceeds of such lease or leases to be paid into the treasury of the district; and (12) Condemn for the use of the district any land or property within or without the district not acquired or condemned on the report of the commissioners assessing benefits and damages, following the provisions of the Eminent Domain Procedure Act (Chapter 2 of Title 28). Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-4-160 — SC Code / Title 49 / Chapter 4 / Section 49-4-160
SECTION 49-4-160. Operation and contingency plan to promote adequate water supply maintained on site; contents of plan; exceptions.
Status: in_force

(A) Each permittee must prepare and maintain on site, available for inspection, an operational and contingency plan to promote an adequate water supply from the surface water during times when the actual flow of the surface water is less than the minimum instream flow for that particular surface water segment. The plan must identify actions to be taken, as applicable, to address low flow conditions, including water conservation, supplemental water supplies, off-stream water storage, seasonal water flow fluctuation withdrawals, and hydroelectric operations in controlled surface waters. For applicable new surface water withdrawers with an operational and contingency plan that identifies one or more supplemental sources of water to be used for continued facility operations during minimum instream flow conditions, the amount of supplemental water should be calculated on a reasonable and responsible basis taking into account a review of historical flow records for the stream at or near the proposed withdrawal point in order to identify the years of historical record where flows at that stream point dropped below minimum instream flow, and the consumptive amount of water that is projected to be needed by the new surface water withdrawer in order to continue to operate during a period of time identified as that stream segment's historical average minimum instream flow conditions. The existence of a plan is deemed to be an enforceable part of the permit under which the permittee is withdrawing surface water and shall be deemed to control a permitted surface water withdrawal in situations where the actual flow of the surface water is less than the minimum instream flow for that particular stream segment. (B) Nothing in this section limits or precludes any action authorized by the South Carolina Drought Response Act. In the event that an action authorized by the South Carolina Drought Response Act conflicts with this subsection or a permitted use, the action taken pursuant to the South Carolina Drought Response Act supersedes any actions taken pursuant to this subsection or the permit. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-19-2330 — SC Code / Title 49 / Chapter 19 / Article 17 / Section 49-19-2330
SECTION 49-19-2330. Notice of hearing on petition for readjustment.
Status: in_force

Such notice may be in the following form: Notice is hereby given to all persons interested in the lands included within the __________ drainage district that a petition has been filed in the office of the clerk of the court of common pleas of __________ County praying for a readjustment of the assessment of benefits for the purpose of making a more equitable basis for the levy of the Maintenance Tax in said district and that said petition will be heard by said court on the first day of the next __________ term of said court. Date of first publication __________ 19___.
S.C. Code Ann. § 49-5-60 — SC Code / Title 49 / Chapter 5 / Section 49-5-60
SECTION 49-5-60. Capacity use area designation; notice and public hearing; development of groundwater management plan; groundwater withdrawal permits; appeals; grounds for reversal or modification.
Status: in_force

(A) In the State where excessive groundwater withdrawal presents potential adverse effects to the natural resources or poses a threat to public health, safety, or economic welfare or where conditions pose a significant threat to the long-term integrity of a groundwater source, including salt water intrusion, the board, after notice and public hearing, in accordance with the Administrative Procedures Act, shall designate a capacity use area. The department, local government authorities, other government agencies, or groundwater withdrawers may initiate the capacity use area designation process. The notice and public hearing must be conducted such that local government authorities, groundwater withdrawers, or the general public may provide comments concerning the capacity use area designation process. A capacity use area must be designated by the board based on scientific studies and evaluation of groundwater resources and may or may not conform to political boundaries. (B) After notice and public hearing, the department shall coordinate the affected governing bodies and groundwater withdrawers to develop a groundwater management plan to achieve goals and objectives stated in Section 49-5-20. In those areas where the affected governing bodies and withdrawers are unable to develop a plan, the department shall take action to develop the plan. The plan must be approved by the board before the department may issue groundwater withdrawal permits for the area. (C) Once the board approves the groundwater management plan for a designated capacity use area, each groundwater withdrawer shall make application for a groundwater withdrawal permit. The department shall issue groundwater withdrawal permits in accordance with the approved plan. (D) A person or entity affected may appeal a decision of the board on a capacity use area designation within thirty days after the filing of the decision to the court of common pleas of any county which is included in whole or in part within the disputed capacity use area. The department shall certify to the court the record in the hearing. The court shall review the record and the regularity and the justification for the decision. The court may not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact. The court may affirm the decision of the agency or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) clearly erroneous in view of the reliable, probative, and substantial evidence on the record; or (6) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
S.C. Code Ann. § 49-19-1760 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1760
SECTION 49-19-1760. Form of certificate of lien.
Status: in_force

Such lien shall be evidenced by a certificate substantially in the following form, to wit: State of South Carolina, County of __________ To __________, Clerk of the Court of Common Pleas of said county: This is to certify that by virtue and authority of the provisions of Chapter 19 of Title 49 of the Code of South Carolina, the board of supervisors of __________ Drainage District, in which are situated lands in the counties of __________, in the State of South Carolina, have and do hereby certify the tax authorized by said chapter, which tax and the lands and other property against which the same are levied in your county are described in the following table, in which table are: first, the names of the owners of such land as they appeared in the decree of the court organizing said district; second, a brief description of the lands and other property opposite the names of the owners; and third, the amount of taxes levied on each tract of land or piece of property. (Here insert such table.) Said tax shall be payable in annual installments. The amount of each installment as well as the amount of the maintenance tax will be determined and certified to the county treasurer of your county not later than the first day of October of each year. The aforesaid tax and such maintenance taxes as may be levied from time to time are hereby declared a lien, to which only the lien of the State for general State, county, school and road taxes shall be paramount upon all land herein and heretofore described. Witness the signature of the president of said board of supervisors, attested by the seal of said district and the signature of the secretary of said board this ___ day of __________, A.D. 19_
S.C. Code Ann. § 49-17-1400 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1400
SECTION 49-17-1400. Lien of assessment; remedies on default.
Status: in_force

This assessment shall constitute the first and paramount lien, second only to State and county taxes, upon the lands assessed for the payment of the bonds and the interest thereon as they become due and shall be collected in the same manner by the same officers as the State and county taxes are collected. If any installment of the principal or interest represented by the bonds shall not be paid at the time and in the manner when it shall become due and payable and such default shall continue for a period of six months the holder or holders of such bond or bonds upon which default has been made may have a right of action against the drainage district or the board of drainage commissioners of the district and any judge of the court of common pleas may issue a writ of mandamus against the drainage district, its officers, including the governing board of the county, auditor or treasurer, directing the levying of a tax or special assessment as herein provided and the collection thereof, in such sum as may be necessary to meet any unpaid installments of principal and interest and cost of action. And such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law and the right of action is hereby vested in the holder or holders of such bond or bonds upon which default has been made authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this chapter. The obligors and sureties on the official bonds of the members of the governing body of the county and the county treasurer shall be liable for the faithful performance of the duties herein assigned such officials.
S.C. Code Ann. § 49-4-25 — SC Code / Title 49 / Chapter 4 / Section 49-4-25
SECTION 49-4-25. Surface water withdrawal permit required.
Status: in_force

Except as provided in Sections 49-4-30, 49-4-35, 49-4-40, and 49-4-45, all surface water withdrawals by a surface water withdrawer are unlawful unless made pursuant to a surface water withdrawal permit issued pursuant to this chapter. The department may not issue a permit to a new applicant unless the department determines that the applicant's proposed use is reasonable pursuant to this chapter. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-17-1140 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1140
SECTION 49-17-1140. Payment for work done.
Status: in_force

The superintendent in charge of construction shall make monthly estimates of the amount of work done and furnish one copy to the contractor and file the other with the secretary of the board of drainage commissioners and the board shall meet and direct the secretary to draw a warrant in favor of such contractor for ninety per cent of the work done, according to the specifications and contract. Upon the presentation of such warrant properly signed by the chairman and secretary to the treasurer of the drainage fund he shall pay the amount due thereon. When the work is fully completed and accepted by the superintendent he shall make an estimate for the whole amount due, including the amounts withheld on the previous monthly estimates, which shall be paid from the drainage fund as before provided.
S.C. Code Ann. § 49-17-240 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-240
SECTION 49-17-240. Service of process.
Status: in_force

The summons may be served by publication as to any defendants who cannot be personally served, as provided by law. The service of such summons upon the station agent of any railroad, interurban or other company in any county in which the right of way of such company will be affected by such drainage will be sufficient notice to such railroad or other company and in case there be no agent of any such company in such county such company shall be notified in the same manner as nonresident landowners.
S.C. Code Ann. § 49-19-1650 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1650
SECTION 49-19-1650. Form of certificate of installment tax.
Status: in_force

The certificate of such installment tax shall be in substantially the following form: State of South Carolina, County of __________ This is to certify that by virtue and authority of the provisions of Chapter 19 of Title 49 of the Code of South Carolina the board of supervisors of __________ Drainage District of South Carolina have, and do hereby, levy the sum of $___ as the annual installment of tax for the year 19___ of the total tax levied under the provisions of SECTION 49-19-1610 of said chapter which total tax has heretofore been certified to the clerk of the court of common pleas of your county. And said board of supervisors of said drainage district, by and with the authority of SECTION 49-19-2310 of said chapter has levied also the sum of $___ as a maintenance tax for said year. Said annual installment of tax and maintenance tax on the real estate and other property situate in your county are set out in the following table in which are: first, the names of the owners of such lands as they appeared in the decree of the court organizing said district; second, a brief description of such lands and other property opposite the names of such owners; third, the amount of said installment of tax levied on each tract of land and other property; and fourth, the amount of maintenance tax levied against the same. Said taxes shall be collectible and payable the present year at the same time that State and county taxes are due and collected and you are directed and ordered to demand and collect said taxes at the same time you demand and collect the State and county taxes due on the same lands and other property; and this "Drainage Tax Book" shall be your warrant and authority for making such demand and collection. Witness the signature of the president of the board of supervisors, attested by the seal of said district, and the signature of the secretary of said board this ___ day of __________, A. D. 19_. Then shall follow a table or schedule showing in properly ruled columns: first, the names of the owners of the lands as they appeared in the decree of the court organizing the district; second, a brief description of the lands and other property opposite the names of the owners; third, the amount of the annual installment tax levied on each tract of land and other property; fourth, the amount of the maintenance tax; fifth, a blank column in which the collector shall record the several amounts as collected by him; sixth, a blank column in which the collector shall record the date of payment of the different sums; seventh, a blank column in which the collector shall record the names of the persons paying the several amounts. The columns in which the annual installment tax and the maintenance tax, if any, appear shall be correctly totaled and the total amount shall correspond to the amount set out in the above-mentioned certificate. The certificate and table shall be prepared in the form of a well-bound book which shall be endorsed and named "Drainage Tax Book __________ Drainage District, __________ County, South Carolina, for the year 19___." Such endorsement shall also be printed at the top of each page in such book.
S.C. Code Ann. § 49-17-550 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-550
SECTION 49-17-550. Scale of assessment against land in different classes.
Status: in_force

The scale of assessment upon the several classes of land returned by the engineer and viewers shall be in the ratio of five, four, three, two and one; that is to say, as often as five mills per acre is assessed against the land in "Class A," four mills per acre shall be assessed against the land in "Class B," three mills per acre in "Class C," two mills per acre in "Class D," and one mill per acre in "Class E." This shall form the basis of the assessment of benefits to the lands for drainage purposes.
S.C. Code Ann. § 49-28-60 — SC Code / Title 49 / Chapter 28 / Section 49-28-60
SECTION 49-28-60. Powers of commission to hire staff, contract for services, and build and maintain facilities; federal grants; county funding; audits.
Status: in_force

(A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may with the approval of all three of the county councils: (1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties; (2) contract with consultants for services it requires; (3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts; (4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts; (5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; and (6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title. (B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources. (C) The governing bodies of the counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources in an amount that each county considers appropriate. (D) The commission is subject to audit requirements specified in a joint ordinance.
S.C. Code Ann. § 49-19-530 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-530
SECTION 49-19-530. Quorum at meeting to elect supervisors; procedure if quorum is not present.
Status: in_force

The owners of a majority of the acreage included in the district shall be necessary to constitute a quorum for the purpose of holding such election or any election thereafter and in case the owners of a majority of the acreage included in such district are not present in person or duly represented at the time and place stated in the notice calling such meeting then no election shall be held and notice of such failure shall be given in writing by any person interested to the State Director of the Department of Administration which shall, as soon as practicable, appoint three competent persons who own land in such district as such supervisors for the term of one, two and three years, respectively, and to hold their office until their successors are elected or appointed and qualified. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-33-40 — SC Code / Title 49 / Chapter 33 / Section 49-33-40
SECTION 49-33-40. Per diem and mileage.
Status: in_force

(A) The members of the authority, at the discretion of the city, county, or authority may receive such per diem and mileage as is provided by law for members of boards, commissions, and committees. (B) The city council of Bennettsville, the county council of Marlboro, and the authority may provide the per diem, mileage, and staff for the authority.
S.C. Code Ann. § 49-19-1970 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1970
SECTION 49-19-1970. Interest on warrants unpaid for lack of funds.
Status: in_force

Any warrant issued under this chapter that is not paid when presented to the treasurer of the district because of lack of funds in the treasury shall be endorsed on the back to that effect and such warrant shall draw interest thereafter at the rate of six per cent per annum until such time as there is money on hand to pay the amount of such warrant and the interest then accumulated. But no interest shall be allowed on warrants after notice to the holder or holders thereof that sufficient funds are in the treasury to pay such endorsed warrants and interest.
S.C. Code Ann. § 49-4-50 — SC Code / Title 49 / Chapter 4 / Section 49-4-50
SECTION 49-4-50. Reports of quantity of water withdrawn; methods for determining quantity.
Status: in_force

(A) Each permitted or registered surface water withdrawer must file a report with the department of the quantity of water withdrawn by that surface water withdrawer annually before February first, on forms furnished by the department. (B) The quantity of surface water withdrawn must be determined by one of the following: (1) flow meters accurate to within ten percent of calibration; (2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log; (3) the rated capacity of the cooling systems; (4) any standard or method employed by the United States Geological Survey in determining these quantities; (5) any other method found to provide reliable water withdrawal data approved by the department. (C) Permitted and registered surface water withdrawers who are required to file a surface water withdrawal report pursuant to subsection (A) are not required to submit the report if the monthly quantity withdrawn from each intake is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act." Effect of Amendment The 2010 amendment rewrote subsections (A) and (C).
S.C. Code Ann. § 49-11-140 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-140
SECTION 49-11-140. General duties of department.
Status: in_force

The authority for the safe maintenance of the dams and reservoirs of this State and the powers of inspection and certification provided in this article are the responsibility of the department. The department may employ engineers and technicians it considers necessary to implement this article for which appropriations are available.
S.C. Code Ann. § 49-19-320 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-320
SECTION 49-19-320. Transmittal and filing of order establishing district.
Status: in_force

Immediately after the district has been declared a corporation by the court the clerk thereof shall transmit to the Secretary of State a certified copy of the findings and decree of the court incorporating the district and such copy shall be filed in the office of the Secretary of State. A copy of such findings and decree together with a plat of the district showing the outside boundary lines shall also be filed in the office of the clerk of the court of common pleas in each of the counties having land in the district, where such copy shall become a permanent record, and each such clerk shall receive a fee of one dollar for filing and preserving it.
S.C. Code Ann. § 49-1-16 — SC Code / Title 49 / Chapter 1 / Section 49-1-16
SECTION 49-1-16. Fees for permits.
Status: in_force

The Department of Health and Environmental Control may charge a fee to an applicant for a permit for any construction, alteration, dredging, filling, or other activity in navigable waters of the State. If the project is commercial or industrial and is in support of operations that charge for the production, distribution, or sale of goods or services, a fee of five hundred dollars must be charged, except if the aerial crossing of navigable waters by conductors or other wires supported solely by structures outside the navigable waters the fee shall be one hundred dollars. If the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise the fee must be fifty dollars. The department shall remit the fees to the State Treasurer and shall be issued a credit for any portion of the fees necessary to offset its costs in processing, investigating and taking final action on each permit application. Any remaining portion shall be credited to the general fund of the State. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-17-1380 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1380
SECTION 49-17-1380. Use, numbering, and record of bonds.
Status: in_force

The bonds issued shall be for the exclusive use of the drainage district specified on their face and shall be numbered by the board of drainage commissioners and recorded in the drainage record, which record shall set out specifically the lands embraced in the district on which the tax has not been paid in full and which is assessed for the payment of the bonds issued and the interest thereon.
S.C. Code Ann. § 49-19-1910 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1910
SECTION 49-19-1910. Disposition of proceeds of sale.
Status: in_force

The proceeds of sale made under and by virtue of this chapter shall be paid at once to the district treasurer and shall be accounted for by him the same as the drainage taxes. Any surplus that may remain after payment of the delinquent taxes, penalties, costs and attorney fees shall be paid over to or held subject to the order of the defendants or as may be ordered in the judgment or decree of sale.
S.C. Code Ann. § 49-5-80 — SC Code / Title 49 / Chapter 5 / Section 49-5-80
SECTION 49-5-80. Registration of groundwater withdrawers; new wells.
Status: in_force

(A) An existing groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department on forms provided by the department no later than January 1, 2000. (B) A new groundwater withdrawer in the State shall register its groundwater withdrawal and subsequent use with the department on forms provided by the department before becoming a groundwater withdrawer. (C) A groundwater withdrawer shall register any additional wells within thirty days after initiating use of the wells.
S.C. Code Ann. § 49-29-160 — SC Code / Title 49 / Chapter 29 / Section 49-29-160
SECTION 49-29-160. Comprehensive water and related land use plans.
Status: in_force

The department shall formulate comprehensive water and related land use plans for the three classes of scenic rivers. Each plan must address access of electricity, natural gas, and communication lines or other facilities for permitted uses for each class of river facilities. Each plan must also address criteria for permitting the crossing of each class of scenic river by sellers of electric energy, natural gas, or communication services. In developing these criteria, the department must consider the state of available technology, the economics of the various alternatives, and that electric, natural gas, and communication suppliers are required to deliver their services. The department must recognize that emergency situations will arise that require immediate action and must make provision in the management plan to allow this action. In the comprehensive plan for the river classes, the following general land and water use practices are permitted or prohibited depending on the class: (1) In natural river areas, no new roads or buildings may be constructed and there may be no mining and no commercial timber harvesting. (2) In scenic and recreational river areas, the continuation of present agricultural practices such as grazing and the propagation of crops, including timber, is permitted. The construction of farm-use buildings is permitted if it is found to be compatible with the maintenance of scenic qualities of the stream and its banks. There may be no construction of roads paralleling the river within the limits of a scenic easement or public access area. The harvesting of timber is permitted provided the landowner follows the best management practices for forested wetlands as approved by the South Carolina Forestry Commission. Mining activities are permitted pursuant to a mining permit issued under the provisions of Chapter 19 of the "South Carolina Mining Act". Construction for public access related to recreational use of these scenic river areas is allowed in accordance with Section 49-29-140.
S.C. Code Ann. § 49-17-630 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-630
SECTION 49-17-630. Making additional landowners parties.
Status: in_force

If it shall appear at the time the final report is completed, filed and examined by the clerk, as aforesaid, that certain landowners whose lands are included in the proposed drainage or levee district have not been made parties to the proceedings a summons as provided in SECTION 49-17-220 shall be served upon each of them and at the same time the written or printed notice referred to in SECTION 49-17-610 shall be personally served upon them and each of them.
S.C. Code Ann. § 49-3-20 — SC Code / Title 49 / Chapter 3 / Section 49-3-20
SECTION 49-3-20. "Department" defined.
Status: in_force

As used in this chapter: "Department" means the Department of Environmental Services. Effect of Amendment 2023 Act No. 60, SECTION 5, rewrote the section.
S.C. Code Ann. § 49-17-1410 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1410
SECTION 49-17-1410. Defects that do not defeat assessment.
Status: in_force

The collection of the assessment shall not be defeated, when the proper notices have been given, by reason of any defect in the proceedings occurring prior to the order of the clerk of the court confirming the final report of the viewers but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from. If on appeal the court shall deem it just and proper to release any person or to modify his assessment or liability it shall in no manner affect the rights and legal position of any person other than the appellant and the failure to appeal from the order of the clerk of the court within the time specified shall be a waiver of any illegality in the proceedings and the remedies provided for in this chapter shall exclude all other remedies.
S.C. Code Ann. § 49-19-1780 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1780
SECTION 49-19-1780. Drainage Tax Book as prima facie evidence.
Status: in_force

The Drainage Tax Book of the district, as returned by the county treasurer to the secretary of the board of supervisors of the drainage district, shall be prima facie evidence in all courts of all matters therein contained.
S.C. Code Ann. § 49-19-1900 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1900
SECTION 49-19-1900. Suit for collection of delinquent taxes by bondholder.
Status: in_force

In case the district shall fail to commence suit within ninety days after the taxes have become delinquent the holder of any bond issued by the district may bring suit for the collection of the delinquent taxes. In such event the district shall be included as a defendant and the proceedings in such suit brought by any bondholder shall in all respects be governed by the provisions applicable to suits by the districts.
S.C. Code Ann. § 49-30-70 — SC Code / Title 49 / Chapter 30 / Section 49-30-70
SECTION 49-30-70. Identification and removal of unpermitted structures; notice of proceeding.
Status: in_force

(A) An unpermitted structure is declared to be a public nuisance and shall be enjoined and abated as provided in this chapter. FERC licensees must survey their licensed lakes and the department must survey all other navigable waters of this State to determine the location of any unpermitted structures. A report promptly must be made to the Attorney General providing notice that an unpermitted structure exists and a reasonable description of where the unpermitted structure is located. (B) Upon receiving notice of the existence of an unpermitted structure, the Attorney General may maintain an action to enjoin the use of the unpermitted structure and seek an order from the court that the unpermitted structure be removed. If the Attorney General does not commence an action within ninety days after receiving notice pursuant to this chapter, a citizen of this State may bring an action to enjoin the unpermitted structure's use and seek an order from the court requiring its removal. The prevailing party may recover the cost of the action, including attorney's fees. All costs associated with removing unpermitted structures must be borne by the owner. (C) No proceeding against the owner of an unpermitted structure shall be commenced unless ten days' written notice is given by the party instituting the action to the owner or his agent. If the party bringing the action cannot determine who owns the unpermitted structure, he may give notice of his intention to bring an action by forwarding a notice of his intention to a newspaper of general circulation in the county where the unpermitted structure is located with a request that it be published at least once a week for four consecutive weeks and by posting notice in at least three public places within the county where the unpermitted structure is located during the same four-week period. A notice by publication must describe the unpermitted structure, its location, and the intention of the party maintaining the action to enjoin the use of the unpermitted structure and obtain a court order to have it removed.
S.C. Code Ann. § 49-1-15 — SC Code / Title 49 / Chapter 1 / Section 49-1-15
SECTION 49-1-15. Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams.
Status: in_force

(A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the Department of Health and Environmental Control. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land. (B) The Department of Health and Environmental Control may issue a permit for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the board and the following standards: (1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question. (2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure. (3) The need for the proposed project far outweighs the historical and current uses of the stream in question. (4) The impact of the proposed project will not threaten or endanger plant or animal life. (5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands. (C) The Attorney General shall represent before any federal agency the department, if so requested by the department, respecting the same application. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-19-1090 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1090
SECTION 49-19-1090. Transmittal and filing of decree and report.
Status: in_force

The clerk of the court of common pleas shall transmit a certified copy of the court decree and a copy of the commissioners' report, as confirmed or amended by the court, to the secretary of the board of supervisors of the district. The clerk shall also transmit a certified copy of the decree and that part of the report affecting land in each county to the clerk of the court of common pleas of each county having lands in the district or covered by the report, where it shall be filed and become a permanent record. Each such clerk shall receive a fee of one dollar for receiving, filing and preserving such decree and report.
S.C. Code Ann. § 49-33-30 — SC Code / Title 49 / Chapter 33 / Section 49-33-30
SECTION 49-33-30. Membership of authority.
Status: in_force

(A) The authority shall be composed of seven members appointed by the Marlboro County Legislative Delegation, as follows: (1) two members nominated by the city council of Bennettsville; (2) two members nominated by the county council of Marlboro County; and (3) three members at large who reside near or have a demonstrable history of recreational use of Lake Paul A. Wallace. (B) The members shall serve for terms of four years, except that of the members first appointed, one nominated by city council, one nominated by county council, and one at-large member will serve for terms of two years for their initial appointment. (C) One of the at-large members must be designated by the Marlboro County Legislative Delegation to serve as the chairman of the authority. (D) A vacancy must be filled in the same manner as the appointment for the vacant position is made, and the successor appointed to fill the vacancy shall hold office for the remainder of the unexpired term. (E) The following shall serve ex officio as a nonvoting member: the Director of the Department of Natural Resources or his designee.
S.C. Code Ann. § 49-19-2630 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2630
SECTION 49-19-2630. Additional tax.
Status: in_force

If it should be found at any time that the amount of total tax levied under the provisions of SECTION 49-19-1610 is insufficient to pay the cost of the works set out in the Plan of Reclamation or additional work done under the provisions of SECTION 49-19-2620, the board of supervisors may make an additional levy to provide funds to complete the work. But the total of all levies of such tax shall not exceed the total amount of benefits assessed.
S.C. Code Ann. § 49-19-980 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-980
SECTION 49-19-980. Appraisal commissioners may not change Plan of Reclamation.
Status: in_force

The commissioners shall have no power to change the Plan of Reclamation.
S.C. Code Ann. § 49-28-70 — SC Code / Title 49 / Chapter 28 / Section 49-28-70
SECTION 49-28-70. Joint county ordinances; certification by director; evidence of certification and director's submission for filing.
Status: in_force

(A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all three of the counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following: (1) the Secretary of State of South Carolina; (2) the clerk to the county council of each of the three counties; (3) the clerk of court of each of the three counties; and (4) a newspaper of general circulation in the three counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission. (B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of the date or dates of submission to the Secretary of State is admissible as evidence in any court. Certifications by a clerk of court of the text of a certified ordinance filed with him by the director is admissible as evidence and the director's submission of the ordinance for filing to the clerk is prima facie evidence that the ordinance was also submitted for filing with the Secretary of State on the date of submission. Except for the certificate of a clerk as to receipt and date of submission, evidence may not be admitted in any court concerning the submission of the certified text of an ordinance by the director to a person other than the Secretary of State.
S.C. Code Ann. § 49-5-50 — SC Code / Title 49 / Chapter 5 / Section 49-5-50
SECTION 49-5-50. Department to monitor groundwater withdrawals; notice of construction of new well or increase in capacity of existing well; public notice.
Status: in_force

(A) The department shall assess, notice, and monitor groundwater withdrawals in this State pursuant to this chapter. (B) A groundwater withdrawer or proposed groundwater withdrawer outside of a designated capacity use area in the Coastal Plain shall notify the department of its intent to construct a new well, or increase the rated capacity of an existing well, at least thirty days before initiating the action. This notification must be made on forms provided by the department. (C) The department shall develop a process for notifying potentially affected existing withdrawers and the public of all notices received pursuant to subsection (B).
S.C. Code Ann. § 49-4-100 — SC Code / Title 49 / Chapter 4 / Section 49-4-100
SECTION 49-4-100. Surface water withdrawal permits; contents; valid for certain time period.
Status: in_force

(A) Surface water withdrawal permits issued by the department must: (1) identify the location of the permittee's intake facility used or constructed to make withdrawals pursuant to the permit; (2) specify the amount of water that may be withdrawn; (3) specify the amount of water to be discharged back into the surface water body and location of the discharge; (4) specify the volume of supplemental water supply if needed; (5) specify the minimum instream flow at the point of withdrawal; (6) specify the minimum instream flow triggers that will determine if the permittee's withdrawal must be reduced; (7) specify the stream flow, that will be used to notify the applicant of starting the reduction of withdrawal; (8) specify the date upon which the permit expires; and (9) clearly state that the terms and conditions of the permit are subject to the provisions of the South Carolina Drought Response Act. (B) Permits issued by the department, unless revoked or suspended pursuant to this chapter, shall be valid for a period to represent the economic life of any capital investments made by the permittee necessary to carry out the permittee's use of the withdrawn water. Permits must be issued for: (1) twenty years, or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to a proposed withdrawal not to exceed an additional twenty years; (2) thirty years for a permittee entitled to an initial permit pursuant to Section 49-4-70(B), or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to the proposed withdrawal not to exceed an additional ten years; or (3) any additional period necessary, not to exceed a total of fifty years, for a municipality or other governmental body to retire a bond it issued to finance the construction of waterworks. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-27-60 — SC Code / Title 49 / Chapter 27 / Section 49-27-60
SECTION 49-27-60. Powers and duties of commission.
Status: in_force

(A) Within the limits of funds available to it and subject to the provisions of this chapter and of any joint ordinance, the commission may: (1) hire and fix the compensation of permanent and temporary employees and staff as it may consider necessary in carrying out its duties; (2) contract with consultants for such services as it may require; (3) contract with the States of North Carolina, South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services as may be provided to or by these agencies and carry out the provisions of these contracts; (4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts; (5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for carrying out the duties imposed in or under the authority of this chapter; (6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wylie and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50, Code of Laws of South Carolina, 1976, or regulations promulgated under that title as to property within South Carolina and Chapter 113 of the General Statutes of North Carolina and rules promulgated under that chapter as to property within North Carolina. (B) The commission may accept, receive, and disburse in furtherance of its functions any funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the States of North Carolina or South Carolina or their agencies or subdivisions, or by private and civic sources. (C) The governing bodies of the three counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources. They may appropriate funds out of tax revenues and may also levy annually taxes for the payments of such appropriation as a special purpose, in addition to any allowed by the Constitution or in North Carolina as provided by G. S. 153A-149. (D) The commission is subject to those audit requirements as may be specified in any joint ordinance. (E) In carrying out its duties and either in addition to or in lieu of exercising various provisions of the above authorization, the commission may, with the agreement of the governing board of the county concerned, utilize personnel and property of or assign responsibilities to any officer or employee of any of the three counties. Such contribution in kind, if substantial, may, with the agreement of the other two counties, be considered to substitute in whole or in part for the financial contribution required of that county in support of the commission. (F) Unless otherwise specified by joint ordinance, each of the three counties shall annually contribute an equal financial contribution to the commission in an amount appropriate to support the activities of the commission in carrying out its duties.
S.C. Code Ann. § 49-19-1430 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1430
SECTION 49-19-1430. Chief engineer to be superintendent; reports.
Status: in_force

The chief engineer shall be the superintendent of all the works and improvements and shall at least once each year, and when required, make a full report to the board of all work done and improvements made and make suggestions and recommendations to the board as he may deem proper.
S.C. Code Ann. § 49-5-90 — SC Code / Title 49 / Chapter 5 / Section 49-5-90
SECTION 49-5-90. Reports of quantity of water withdrawn; methods for determining quantity.
Status: in_force

(A) Every permitted and registered groundwater withdrawer in the State shall annually before January thirty file with the department a report on forms furnished by the department of the quantities of groundwater withdrawn. (B) The quantity of groundwater withdrawn must be determined by one of the following: (1) flow meters accurate to within ten percent of calibration; (2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log; (3) the rated capacity of a cooling system; (4) any standard or method employed by the United States Geological Survey in determining such quantities; or (5) any other method approved by the department which will provide reliable groundwater withdrawal data. (C) The groundwater withdrawer is not required to submit the groundwater withdrawal report required by subsection (A) if the monthly quantity withdrawn from each well is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement.
S.C. Code Ann. § 49-29-170 — SC Code / Title 49 / Chapter 29 / Section 49-29-170
SECTION 49-29-170. Access on, over, or under designated rivers by sellers of electric energy, natural gas, or communication services; certificate of consistency.
Status: in_force

Sellers of electric energy, natural gas, or communication services may cross on, over, or under lands designated as part of the Scenic River System provided that the department certifies that such crossing is consistent with the management plan for those lands. A certificate of consistency shall be issued by the department upon a finding: (1) that the crossing is necessary to provide electric, natural gas, or communication service; and either (a) that the crossing is consistent with the management plan; or (b) that the extent of deviation from the management plan for the construction, operation, and maintenance of the facility across the scenic river is justified, considering the state of available technology and the nature and economics of the various alternatives, and that the entity responsible for the encroachment will make reasonable mitigation for the impacts caused by the construction, operation, and maintenance of the facility. The department shall issue a certification of consistency or nonconsistency within thirty days from the receipt of an application. A time extension may be granted upon a mutual agreement of both parties. Certification does not preclude the necessity to obtain other required state and federal authorizations. All administrative proceedings are subject to Article I, Chapter 23 of Title 1 (the Administrative Procedures Act), as amended.
S.C. Code Ann. § 49-9-30 — SC Code / Title 49 / Chapter 9 / Section 49-9-30
SECTION 49-9-30. Petition to judge upon disagreement as to disposition of bodies.
Status: in_force

In the event that the company and the relatives of persons buried within the pond area of such company shall be unable to agree upon a proper disposition of the bodies, the company may present a petition to the resident or presiding judge of the court of common pleas for the county in which the graves or graveyard in question are located setting forth the facts and praying for an appropriate order in the premises.
S.C. Code Ann. § 49-19-2590 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2590
SECTION 49-19-2590. Effect of consolidation; election of board of supervisors.
Status: in_force

The lands so included in the new district shall be subject to all liens, liabilities and obligations of the original districts and a new board of supervisors shall be elected as is now provided in case of election of supervisors.
S.C. Code Ann. § 49-11-230 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-230
SECTION 49-11-230. Inspections during construction; maximum rate of discharge for water released during construction.
Status: in_force

(A) The department may make necessary inspections during construction of new dams and reservoirs, enlargements, removal, and repairs of dams and reservoirs and during work done pursuant to repair orders to assure compliance with the approved plans and specifications or provisions of the order. (B) If water is to be released during the construction, repair, or removal, the department shall specify the maximum discharge rate allowable to avoid endangering or causing injury to downstream owners.
S.C. Code Ann. § 49-17-1340 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1340
SECTION 49-17-1340. Effect of proposed bond issue on assessed landowners.
Status: in_force

Any landowner having lands assessed in the district and not wanting to pay interest on the bonds may, within thirty days after the publication of such notice, pay the county treasurer the full amount of his assessment and have his land released therefrom. Each and every person owning land in the district which is assessed for the construction of an improvement who shall neglect or fail to pay the full amount of his assessment to the county treasurer within the time specified shall be deemed as consenting to the issuing of such drainage bonds and in consideration of the right to pay his assessment in installments he thereby waives his right to any defense against the collection of such assessment because of any irregularity, illegality or defect in the proceedings prior to such time, except in the case of an appeal, as heretofore provided, which shall not be affected by such waiver.
S.C. Code Ann. § 49-17-1070 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1070
SECTION 49-17-1070. Plans for time and manner of crossing railroad right of way.
Status: in_force

After the contract is let and the actual construction is commenced, if the work is being done with a floating dredge the superintendent in charge of construction shall notify any railroad company the right of way of which is to be crossed by the work of the probable time at which the contractor will be ready to enter upon the right of way of the road and construct the work thereon. The railroad shall send a representative to view the ground with the superintendent of construction and arrange the exact time at which such work can be most conveniently done.
S.C. Code Ann. § 49-17-250 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-250
SECTION 49-17-250. Appointment of board of viewers.
Status: in_force

Upon the return day the clerk shall appoint a disinterested and competent civil and drainage engineer and two resident freeholders of the county or counties in which the lands are located as a board of viewers to examine the lands described in the petition and make a preliminary report thereon.
S.C. Code Ann. § 49-9-50 — SC Code / Title 49 / Chapter 9 / Section 49-9-50
SECTION 49-9-50. Service of rule to show cause.
Status: in_force

The rule to show cause provided for in SECTION 49-9-40 shall be directed to the interested persons who have furnished the company the written statement or request prescribed in SECTION 49-9-10 and shall be personally served upon such persons as are residents of the State. If the persons to be served are nonresidents service may be made by registered mail, in which case a copy of the rule and petition shall be mailed at least ten days prior to the return date of such rule.
S.C. Code Ann. § 49-19-630 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-630
SECTION 49-19-630. Duties and powers of chief engineer.
Status: in_force

The chief engineer shall have control of the engineering work in the district and he may, whenever he deems it necessary, confer with the Chief Engineer of this State or the State Department of Administration and he may, by and with the consent of the board of supervisors, consult any eminent engineer or engineers and obtain his or their opinion and advice concerning the reclamation of lands in the district. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-4-110 — SC Code / Title 49 / Chapter 4 / Section 49-4-110
SECTION 49-4-110. Effect of surface water withdrawal permit.
Status: in_force

(A) A surface water withdrawal permit confers upon the permittee a right to withdraw and use surface water pursuant to the terms and conditions of the permit. The permit does not convey a property right in the water to the permittee. Nothing in this chapter shall affect any requirement under any other law or regulation, including any requirement for the owner or operator of a proposed new or expanding water withdrawal facility that will be constructed within the boundaries of a reservoir operated by a different entity to obtain the reservoir operator's approval before constructing and operating the proposed new water withdrawal facility or expanding an existing water withdrawal facility. (B) Surface water withdrawals made by permitted or registered surface water withdrawers shall be presumed to be reasonable. No private cause of action for damages arising directly from a surface water withdrawal by a permitted or registered surface water withdrawer may be maintained unless the plaintiff can show a violation of a valid permit or registration. (C) Issuance of a surface water withdrawal permit under this chapter does not relieve the permittee from being required to obtain and comply with any other permits or approvals that may be required under other laws, or existing agreements, or under common law. Nothing in this chapter shall prevent an impoundment licensee from requiring persons seeking to withdraw water from a licensed reservoir to comply with any and all conditions that the licensee is empowered to require under its license and applicable laws. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-7-60 — SC Code / Title 49 / Chapter 7 / Section 49-7-60
SECTION 49-7-60. Sale of water in Charleston County regulated; sale of water other than in Berkeley and Charleston Counties prohibited.
Status: in_force

To the end that the Authority shall not unduly compete with the existing publicly operated water system of the city of Charleston, operated by the commissioners of public works of the city of Charleston, and furnishing water in the city of Charleston and in a considerable portion of Charleston County and in a small part of Berkeley County, the Authority shall not sell water to be used by persons or private corporations in Charleston County, for either industrial or domestic use, without the consent of the commissioners of public works of the city of Charleston, nor shall it sell water elsewhere than in Berkeley or Charleston Counties, such counties being hereby expressly declared to be the service area of the Authority.
S.C. Code Ann. § 49-17-1050 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1050
SECTION 49-17-1050. Land needed but not affected may be condemned.
Status: in_force

If it is necessary to acquire a right-of-way or an outlet over and through lands not affected by the drainage and the right-of-way or outlet is not acquired by purchase, the action to secure the condemnation of any right-of-way which is necessary for the proper drainage of any drainage district or any part of it and to fix the compensation is governed by the Eminent Domain Procedure Act (Chapter 2 of Title 28).
S.C. Code Ann. § 49-28-50 — SC Code / Title 49 / Chapter 28 / Section 49-28-50
SECTION 49-28-50. Meetings; election of officers; adoption of regulations; committees.
Status: in_force

Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations, as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in each county on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
S.C. Code Ann. § 49-23-70 — SC Code / Title 49 / Chapter 23 / Section 49-23-70
SECTION 49-23-70. Dissemination of information and promulgation of regulations regarding nonessential water use; declaration of drought management areas.
Status: in_force

(A) Upon the inception of a drought alert phase, the department is responsible for disseminating public information concerning all aspects of the drought. The initial action in responding to drought must be public education, providing information as to existing and potential conditions and water conservation measures necessary to meet the demand presented at each drought alert phase. (B) The department shall provide available information on water demands and use to any significant water user, public or private, in order to promote voluntary water conservation. (C) The department may promulgate regulations to specify categories of nonessential water use and other terms necessary to implement this section. Water used strictly for firefighting purposes, health and medical purposes, agricultural operations for food production, minimum stream flow requirements, minimum water levels in the potable drinking water supplies and the above and below ground water tables, and the use of water to satisfy federal, state, or local public health and safety requirements are considered essential water use. Water used to maintain minimum water levels in the potable drinking water supply and water used for public safety purposes have the highest priority in the essential water category. The department by regulation may provide for the mandatory curtailment of nonessential water uses during periods of severe or extreme drought in drought management areas. Agricultural operations for nonfood production, and nonessential water users that may suffer a critical economic loss as a result of mandatory curtailment, have priority over other nonessential water users. Agricultural operations for nonfood production and nonessential water users that may suffer a critical economic loss as a result of mandatory curtailment must certify to the Drought Response Committee the nature of the loss in order to qualify for the higher priority nonessential use. Mandatory curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. Upon such a finding, the Drought Response Committee shall determine which categories of nonessential water must be curtailed after reviewing each category by the following standards: (1) the purpose of the use; (2) the suitability of the use to the watercourse, lake, or aquifer; (3) the economic value of the use; (4) the social value of the use; (5) the extent and amount of the harm it causes; (6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other; (7) the practicality of adjusting the quantity of water used by each proprietor; (8) the protection of existing values of water uses, land, investments, and enterprises; (9) the consumptive or nonconsumptive nature of the use. Following the determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any person adversely affected by mitigation or mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the department and obtain relief therefrom as is appropriate. Any declaration shall continue in effect only so long as conditions in a drought management area reasonably require it, and the declaration must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued. If a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan. (D) During any drought alert phase, the department may offer its services to mediate any dispute arising from competing demands for water. The mediation may be undertaken only upon the request of the parties involved and may not be binding. A mediation shall not stop or preclude the department and the Drought Response Committee from taking any other action authorized by this chapter. A party affected by a declaration of the Drought Response Committee has the right to appeal that action to the Administrative Law Court. The appeal must be filed within five days of the declaration. The filing of an appeal operates as an immediate stay of the declaration of the Drought Response Committee as it affects the appellant. A review of the immediate stay must be heard by the Administrative Law Court within five days of the filing of the notice of appeal with the Administrative Law Court. All issues under appeal must be heard as a contested case pursuant to the provisions of the Administrative Procedures Act and the rules of the Administrative Law Court.
S.C. Code Ann. § 49-17-1320 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1320
SECTION 49-17-1320. Payments to be made in one installment.
Status: in_force

If the total cost of the work is less than an average of twenty-five cents per acre on all the land in the district the assessment made against the several tracts shall be collected in one installment by the same officer and in the same manner as State and county taxes are collected and shall be payable at the same time.
S.C. Code Ann. § 49-4-130 — SC Code / Title 49 / Chapter 4 / Section 49-4-130
SECTION 49-4-130. Notice of construction of new surface water intake required.
Status: in_force

A surface water withdrawer must provide the department with prior written notice of the construction of a new surface water intake that changes the method of measuring the water the permittee is withdrawing, cessation of its surface water withdrawals, a proposed change in ownership, or the abandonment of a surface water intake. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act." Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 49-17-30 — SC Code / Title 49 / Chapter 17 / Article 1 / Section 49-17-30
SECTION 49-17-30. Proceedings may be ex parte or advisory.
Status: in_force

Proceedings under this chapter may be ex parte or advisory.
S.C. Code Ann. § 49-3-10 — SC Code / Title 49 / Chapter 3 / Section 49-3-10
SECTION 49-3-10. Transfer of former Water Resources Division; transfer of regulatory functions of former Water Resources Commission.
Status: in_force

The former Water Resources Division of the Department of Natural Resources is transferred to the Division of Water in the Department of Environmental Services. The regulatory functions of the former Water Resources Commission that were transferred to the Department of Health and Environmental Control are further transferred to the Department of Environmental Services. Effect of Amendment 2023 Act No. 60, SECTION 5, rewrote the section.
S.C. Code Ann. § 49-29-80 — SC Code / Title 49 / Chapter 29 / Section 49-29-80
SECTION 49-29-80. Advisory council for designated scenic river.
Status: in_force

After eligibility procedures for a river or river segment are completed by the department, and the General Assembly ratifies such designation, the department, through the executive director, shall establish an advisory council for that scenic river. The advisory council must be appointed as early as possible to assist the work of the department. Each advisory council must consist of not less than six nor more than ten members who must be selected from local government, riparian landowners, community interests, and the department, whose staff member must serve as chairman. The riparian landowners must constitute a majority of the membership on each council. The duties of the advisory councils are to assist and advise the department concerning protection and management of each scenic river.
S.C. Code Ann. § 49-19-1740 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1740
SECTION 49-19-1740. Penalty for neglect of county treasurer.
Status: in_force

If any county treasurer refuses, fails or neglects to make prompt payment of the tax or any part thereof collected under this article to the district treasurer he shall pay a penalty of ten per cent on the amount of his delinquency. Such penalty shall at once become due and payable and both he and his securities shall be liable therefor on his aforesaid bond.
S.C. Code Ann. § 49-17-1420 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1420
SECTION 49-17-1420. Change of assessment; relevy.
Status: in_force

When the clerk of the court has confirmed an assessment for the construction of any public levee, ditch or drain and such assessment has been modified by a court of superior jurisdiction but for some unforeseen cause cannot be collected the board of drainage commissioners may change or modify the assessment as originally confirmed to conform to the judgment of the court of common pleas and to cover any deficit that may have been caused by the order of such court or unforeseen occurrence. Such relevy shall be made for the additional sum required in the same ratio on the lands benefited as the original assessment was made.
S.C. Code Ann. § 49-19-1830 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1830
SECTION 49-19-1830. Proceedings to enforce lien be in rem.
Status: in_force

The proceedings and any judgment or decree that may be rendered therein shall be in the nature of proceedings in rem and it shall not be material that the ownership of the lands or other property be correctly alleged in the proceedings. The judgment or decree rendered shall be enforced wholly against such real estate.
S.C. Code Ann. § 49-17-280 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-280
SECTION 49-17-280. Dismissal of petition if report is unfavorable; new proceedings.
Status: in_force

If the viewers report that the drainage is not practicable or that it will not benefit the public health or any public highway or be conducive to the general welfare of the community and the clerk of court shall approve such findings the petition shall be dismissed at the cost of the petitioners and the sureties upon the bond so filed by them shall be liable as aforesaid. Such petition or proceedings may again be instituted by the same or additional landowners at any time after six months upon proper allegations that conditions have changed or that material facts were omitted or overlooked.
S.C. Code Ann. § 49-23-90 — SC Code / Title 49 / Chapter 23 / Section 49-23-90
SECTION 49-23-90. Authority for local and agency drought response ordinances.
Status: in_force

(A) Municipalities, counties, public service districts, special purpose districts, and commissions of public works engaged in the business or activity of supplying water for any purpose shall develop and implement drought response ordinances or plans where authority to enact ordinances does not exist. The ordinances or plans must be consistent with the State Drought Response Plan, implemented through the regulations adopted pursuant to this chapter. The department shall prepare and distribute a model drought response ordinance or plan. (B) A proposed ordinance or plan or a change to an ordinance or plan first must be submitted to the department for review to determine consistency with the State Drought Response Plan.
S.C. Code Ann. § 49-19-2610 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2610
SECTION 49-19-2610. Petition for extension of duration of district; proceedings.
Status: in_force

If a majority of the acreage represented at such meeting shall vote in favor of such extension the board of supervisors shall, not less than ten days before the next term of the court of common pleas, file a petition with the clerk of such court, praying for the extension of the corporate existence of the district. After filing the petition the same proceedings shall be had as is provided for in this chapter relating to the incorporation of the district. If such petition be granted by the court within ten days thereafter the clerk shall transmit a copy of the decree to the secretary of the board of supervisors, a copy to the Secretary of State and a copy to the clerk of the court of common pleas of each county having land in the district. Such clerks shall file and preserve the copies in their respective offices and for such service shall each receive a fee of one dollar. In case the court should find that such extension should not be allowed the petition shall be dismissed and the cost incurred in the case be paid by the district.
S.C. Code Ann. § 49-19-930 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-930
SECTION 49-19-930. Appointment of appraisal commissioners; quorum.
Status: in_force

Within twenty days after the adoption of the Plan of Reclamation, the secretary of the board of supervisors shall prepare and transmit a certified copy thereof to the clerk of the court of common pleas organizing the drainage district and at such time the board of supervisors shall file with the clerk a petition asking the judge of the court to appoint three commissioners to appraise the lands within and without the district to be acquired for rights of way, holding basins and other drainage works of the district and to assess benefits and damages accruing to all lands in the district by reason of the execution of the Plan of Reclamation. Immediately after the filing of such petition the judge of the court, either in open court or at chambers within or without the county or counties in which the lands of the district lie shall, by an order, appoint three commissioners, who shall be freeholders residing within this State and who shall not be landowners in the district, nor of kin within the fourth degree of consanguinity to any person owning land in the district. A majority of the commissioners shall constitute a quorum and shall control the action of the board on all questions.
S.C. Code Ann. § 49-19-1680 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1680
SECTION 49-19-1680. Compensation of county treasurer.
Status: in_force

The county treasurer shall retain for his service one per cent of the amount he collects on current taxes and two per cent of the amount he collects on delinquent taxes.
S.C. Code Ann. § 49-28-40 — SC Code / Title 49 / Chapter 28 / Section 49-28-40
SECTION 49-28-40. Budgetary and accounting procedures.
Status: in_force

The commission is governed by budgetary and accounting procedures as may be specified by the joint ordinance.
S.C. Code Ann. § 49-19-680 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-680
SECTION 49-19-680. Overseers for maintenance.
Status: in_force

For the purpose of preserving any ditch, drain, dyke, levee or other work constructed or erected under the provisions of this chapter the board of supervisors may appoint an overseer or overseers of the district who shall hold their positions at the will of the board. Such overseer or overseers shall keep the canals, ditches, drains, levees, dykes and other works of the district in good repair, remove all obstructions from canals, ditches, drains or watercourses within or without the district that may affect the works of the district and perform such other duties as may be prescribed by the supervisors.
S.C. Code Ann. § 49-17-270 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-270
SECTION 49-17-270. Preliminary report of board of viewers.
Status: in_force

The board of viewers shall proceed to examine the land described in the petition and other land, if necessary, and to locate properly such improvement or improvements as are petitioned for along the route described in the petition or any other route answering the same purpose if found more practicable or feasible and may make such surveys as may be necessary to determine the boundaries and elevations of the several parts of the district. They shall make and return to the clerk of court of common pleas within ninety days, unless the time shall be extended by the clerk, a written report, which shall set forth: (1) Whether the proposed drainage is practicable or not; (2) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community; (3) Whether the improvements proposed will benefit the land sought to be benefited; and (4) Whether or not all the lands benefited are included in the proposed drainage district. They shall also file with this report a map of the proposed drainage district showing the location of the ditch or ditches or other improvements to be constructed in the lands that will be affected thereby and other such information as they may have collected that will tend to show the correctness of their findings.
S.C. Code Ann. § 49-19-1860 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1860
SECTION 49-19-1860. Judgment in suit to enforce lien.
Status: in_force

When no answer has been filed on or before the time for filing an answer as stated in the notice, the notice having been published as required by SECTION 49-19-1820 or if answer is filed and the cause shall be decided for the plaintiff the court by its decree shall grant the relief prayed for and the decree for the delinquent taxes and penalty shall include all costs of suit and a reasonable attorney's fee to be fixed by the court, recoverable the same as the delinquent tax in the same suit. By such decree the court shall direct the sheriff to sell the land described in the complaint to the highest bidder for cash in hand at public outcry at the courthouse door of the county wherein the suit is pending after having first advertised such sale once each week for three consecutive weeks in some newspaper published in the county. Such advertisement may include all the lands described in the decree and ordered sold.
S.C. Code Ann. § 49-19-210 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-210
SECTION 49-19-210. Persons by whom and for what purpose districts may be formed.
Status: in_force

The State Department of Administration or a majority, either in numbers or in acreage, of the holders of any contiguous body of swamp, wet or overflowed lands or lands subject to overflow, situate in one or more counties in this State, may form a drainage district for the purpose of having such lands reclaimed and protected from the effects of water, for sanitary or agricultural purposes or when the same may be conducive to the public health, convenience or welfare or of public utility or benefit, by drainage or otherwise. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-3-40 — SC Code / Title 49 / Chapter 3 / Section 49-3-40
SECTION 49-3-40. Powers and duties of department.
Status: in_force

(A) The department shall advise and assist the Governor and the General Assembly in: (1) formulating and establishing a comprehensive water resources policy for the State, such as a State Water Plan, including coordination of policies and activities among the state departments and agencies; (2) developing and establishing policies and proposals designed to meet and resolve special problems of water resource use and control within or affecting the State, including consideration of the requirements and problems of urban and rural areas; (3) reviewing the actions and policies of state agencies with water resource responsibilities to determine the consistency of such actions and policies with the comprehensive water policy of the State and to recommend appropriate action where deemed necessary; (4) reviewing any project, plan, or program of federal aid affecting the use or control of any waters within the State and to recommend appropriate action where deemed necessary; (5) developing policies and recommendations to assure that the long-range interests of all groups, urban, suburban, and rural, are provided for in the state's representation on interstate water issues; (6) recommending to the General Assembly any changes of law or regulation required to implement the policy declared in this chapter; and (7) such other water resources planning, policy formulation, and coordinating functions as the Governor and the General Assembly may designate. (B) The department is authorized to conduct or arrange for such studies, inquiries, surveys, or analyses as may be relevant to its duties in assisting the Governor and the General Assembly in the implementation of the policy declared in this chapter, and in developing recommendations for the General Assembly. For these purposes, the department shall have full access to the relevant records of other state departments and agencies and political subdivisions of the State, and may hold public hearings, and may cooperate with or contract with any public or private agency, including educational, civic, and research organizations. The studies, inquiries, surveys, or analyses shall incorporate and integrate, to the maximum extent feasible, plans, programs, reports, research, and studies of federal, state, interstate, regional, metropolitan, and local units, agencies and departments of government. (C) In developing recommendations for the Governor and the General Assembly relating to the use and control of the water resources of the State, the department shall: (1) coordinate its activities by distribution of copies of its notices of meetings with agenda, minutes and reports of all state agencies concerned with water resources; (2) consult with representatives of any federal, state, interstate, or local units of government which would be affected by such recommendations; and (3) be authorized to appoint such interdepartmental and public advisory boards as necessary to advise them in developing policies for recommendations to the Governor and the General Assembly. (D) The department shall encourage, assist, and advise regional, metropolitan, and local governmental agencies, officials, or bodies responsible for planning in relation to water aspects of their programs, and shall assist in coordinating local and regional water resources activities, programs, and plans. (E) The department may publish reports, including the results of such studies, inquiries, surveys, and analyses as may be of general interest, and shall make an annual report of its activities to the Governor and the General Assembly within ten days after the convening of each session of the General Assembly. (F) The department may receive and expend grants, gifts, and monies donated or given by any state, federal, or private agency, person, corporation, water or sewer authority, or political subdivision in connection with water resource investigations in which the results of such investigations will be made publicly available. (G) The department is authorized and required to review and approve the expenditure of funds derived from the United States Army Corps of Engineers when any funds are authorized and appropriated for any water resources related projects or purposes including, but not limited to, the following: (1) navigation, (2) irrigation, (3) water storage, (4) aquatic weed management, (5) flood control, (6) salinity control, (7) interstate water concerns, and (8) any studies, surveys, or analyses performed by the Corps of Engineers. The review and approval required by this subsection is not applicable to any Corps of Engineers funds which must be expended in a different manner pursuant to express statutory direction. Effect of Amendment 2019 Act No. 73, SECTION 1, in (a), in (1), inserted "such as a State Water Plan,", in (5), substituted "water issues" for "water agencies", and in (6), inserted "or regulation"; in (d), inserted "and regional"; and in (f), inserted ", federal,". 2023 Act No. 60, SECTION 5, made nonsubstantive changes throughout the section.
S.C. Code Ann. § 49-17-300 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-300
SECTION 49-17-300. Notice of hearing.
Status: in_force

If the petition is entertained by the clerk of court notice shall be given by publication for two consecutive weeks in some newspaper of general circulation within the county or counties, if one shall be published in such counties, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places within the drainage district that on the date set, naming the day, the clerk of court will consider and pass upon the report of the viewers. At least fifteen days shall intervene between the date of publication and the posting of notices and the date set for the hearing.
S.C. Code Ann. § 49-17-1690 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1690
SECTION 49-17-1690. Fees of auditor and treasurer.
Status: in_force

The county auditor shall receive twenty-five cents for each entry in the original assessment book each year and the county treasurer shall receive twenty-five cents for each assessment collected each year and in addition thereto shall receive one per cent upon all disbursements made by him. The board of drainage commissioners shall pay the same annually by warrant.
S.C. Code Ann. § 49-19-1080 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1080
SECTION 49-19-1080. Appeal.
Status: in_force

Any person or party aggrieved may appeal the final judgment of the circuit court in the manner provided by the South Carolina Appellate Court Rules.
S.C. Code Ann. § 49-17-330 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-330
SECTION 49-17-330. Right of appeal.
Status: in_force

Any person owning lands within the drainage or levee district which he thinks will not be benefited by the improvement and should not be included in the district may appeal from the decision of the clerk to the court of common pleas of such county, in term time or at chambers, by filing an appeal, accompanied by a bond conditioned for the payment of the costs if the appeal should be decided against him for such sum as the court may require, not exceeding two hundred dollars, signed by two or more solvent sureties or by some approved surety company, to be approved by the court or by the clerk of court.
S.C. Code Ann. § 49-19-60 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-60
SECTION 49-19-60. Bonds required by chapter.
Status: in_force

The surety required on any bond required to be given by this chapter may be a surety or bonding company approved by the board of supervisors and the bond shall be made payable to the district by its corporate name, in which name all suits shall be instituted and prosecuted. All penalties herein named shall be payable to and recoverable by the district. All bonds required by this chapter shall cover defaults of deputies, clerks or assistants of the officers appointing them.
S.C. Code Ann. § 49-17-220 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-220
SECTION 49-17-220. Initiation of proceedings.
Status: in_force

Whenever: (1) A petition, signed by a majority of the resident landowners in a proposed drainage district or by the owners of more than half the land in acreage which will be affected by, or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of court of common pleas of any county in which a part of such lands are located, setting forth that any specific body or district of land in the county and adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow or too wet for cultivation and the public benefit or utility or the public health, convenience or welfare will be promoted by draining, ditching or leveeing such land, by changing or improving the natural watercourses or by the installing of tile systems, and setting forth therein, as far as practicable, the starting point, route and terminus and lateral branches, if necessary, of the proposed improvement and (2) There is filed therewith a bond for the amount of one hundred dollars per mile for each mile of the proposed improvement, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk of such court of common pleas, conditioned for the payment of all expenses and costs incurred in the proceedings in case the clerk of court does not grant the prayer of the petition, The clerk shall issue a summons to be served on all the landowners who have not joined in the petition and whose lands are included in the proposed drainage district, so far as the clerk has been able to ascertain them. The failure to serve those landowners whose names were unknown to the clerk shall have no effect upon the proceedings if they are made parties to the proceedings as provided in SECTION 49-17-630.
S.C. Code Ann. § 49-19-1420 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1420
SECTION 49-19-1420. Contract for improvements.
Status: in_force

The contract shall be in writing and to it shall be attached and made a part thereof complete plans and specifications of the work to be done and improvements to be made under such contract. The plans and specifications shall be prepared by the chief engineer and shall be incorporated in and attached to the contract. The contract shall be prepared by the attorney for the district and approved by the board of supervisors and executed by its president and the contractor in duplicate.
S.C. Code Ann. § 49-6-20 — SC Code / Title 49 / Chapter 6 / Section 49-6-20
SECTION 49-6-20. Aquatic Plant Management Trust Fund.
Status: in_force

There is created the South Carolina Aquatic Plant Management Trust Fund which must be kept separate from other funds of the State. The fund must be administered by the department for the purpose of receiving and expending funds for the prevention, management, and research of aquatic plant problems in public waters of South Carolina. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes specified above. The fund is eligible to receive appropriations of state general funds, federal funds, local government funds, and funds from private entities including donations, grants, loans, gifts, bond issues, receipts, securities, and other monetary instruments of value. All reimbursements for monies expended from this fund must be deposited in this fund.
S.C. Code Ann. § 49-17-1100 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1100
SECTION 49-17-1100. Outlet for lateral drains.
Status: in_force

The owner of any land that has been assessed for the cost of the construction of any ditch, drain or watercourse, as herein provided, shall have the right to use the ditch, drain or watercourse as an outlet for lateral drains from such land and if such land is separated from the ditch, drain or watercourse by the land of another or others and the owner thereof shall be unable to agree with such other or others as to the terms and conditions on which he may enter their lands and construct such drain or ditch he may file his auxiliary petition in such pending proceeding to the court and the procedure shall be as now provided by law. When the ditch is constructed it shall become a part of the drainage system and shall be under the control of the board of drainage commissioners and be kept in repair by them as herein provided.
S.C. Code Ann. § 49-17-1430 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1430
SECTION 49-17-1430. Federal aid.
Status: in_force

In the event that the United States Government makes provision for loans to prosecute drainage and reclamation work or provides for such work to be done under the supervision of its officials the drainage districts created under this chapter may avail themselves of such provisions at any time, turning over to the United States Government for completion any work begun prior to such provision being made. And any such drainage district may levy and collect in the manner herein provided the taxes against the land and pledge and pay to the United States Government the receipts from such levy in liquidation of the loan made as aforesaid by the United States Government. The officials of this State shall solicit the cooperation of the various bureaus of the United States Government in the prosecution of all work undertaken under this chapter.
S.C. Code Ann. § 49-19-10 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-10
SECTION 49-19-10. Chapter declared to be remedial; construction.
Status: in_force

This chapter is declared to be remedial in character and purpose and shall be liberally construed in carrying out this legislative intent and purpose.
S.C. Code Ann. § 49-19-2600 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2600
SECTION 49-19-2600. Extension of duration of drainage district.
Status: in_force

Whenever the board of supervisors of any district organized under this chapter finds that, in order to raise funds (1) to (a) complete the Plan of Reclamation, (b) pay for works already completed, (c) pay bonds outstanding and interest thereon or such interest alone or (d) restore any works or construct new work, or (2) for any other cause, the time for which any such drainage district has been incorporated should be extended, such board shall call a meeting of the landowners of the district in the same manner as is provided for in SECTION 49-19- 510. The notice shall state the time, place and purpose of such meeting and that if the owners of the majority of acres represented at such meeting vote in favor of such extension of the district's corporate existence a petition will be presented to the court that organized the district asking for such extension of time. Such meeting shall be conducted in the same manner as is provided in SECTION 49-19-510 for the election of supervisors, except that one member of the board of supervisors shall act as chairman of such meeting and the secretary of the board or his deputy shall act as clerk.
S.C. Code Ann. § 49-33-80 — SC Code / Title 49 / Chapter 33 / Section 49-33-80
SECTION 49-33-80. Authority empowered to receive and spend funds.
Status: in_force

The authority is empowered to receive and spend any funding available through (1) the department, (2) the municipal, county, state, or federal government, or (3) any other source in order to finance the management, maintenance, and operation of the lake that is in compliance with federal and state law.
S.C. Code Ann. § 49-19-940 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-940
SECTION 49-19-940. First meeting of appraisal commissioners.
Status: in_force

The clerk, upon the filing of such order of appointment, shall notify each of the commissioners of his appointment by written or printed notice and in such notice he shall state the time and place for the first meeting of the commissioners. The secretary of the board of supervisors or his deputy shall attend such meeting and shall furnish to the commissioners a complete list of the lands covered by the petition or adjacent thereto that will be affected by carrying out and putting into effect the Plan of Reclamation and the names of the owners of such lands as shown in the petition and the decree of the court incorporating the district. The secretary shall also furnish to the commissioners a copy of the Plan of Reclamation with the maps and profiles in his office.
S.C. Code Ann. § 49-17-1670 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1670
SECTION 49-17-1670. Adjustment of assessments upon lands transferred or conveyed.
Status: in_force

The board of drainage commissioners during February in each year shall furnish the county auditor with a report showing all transfers or conveyances of land within a drainage district appearing of record, together with an equitable reassessment and classification of the land conveyed if deemed necessary, so that the burden of the assessment shall be equitably distributed in case of subdivision.
S.C. Code Ann. § 49-19-540 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-540
SECTION 49-19-540. Removal or vacancy in office of appointed supervisor.
Status: in_force

Any such supervisor so appointed by the State Director of the Department of Administration may be removed by the Director of the Department of Administration for dishonesty, incompetency or failure to perform the duties imposed upon him by this chapter and any vacancies which may occur in any such office so filled by appointment shall be filled by the Director of the Department of Administration as soon as practicable. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-19-610 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-610
SECTION 49-19-610. Appointment of chief engineer; assistants.
Status: in_force

Within thirty days after organizing, the board of supervisors shall appoint a chief engineer, who may be an individual, copartnership or corporation and who shall engage such assistants as the board of supervisors may approve.
S.C. Code Ann. § 49-23-10 — SC Code / Title 49 / Chapter 23 / Section 49-23-10
SECTION 49-23-10. Short title.
Status: in_force

This chapter may be cited as the South Carolina Drought Response Act.
S.C. Code Ann. § 49-29-90 — SC Code / Title 49 / Chapter 29 / Section 49-29-90
SECTION 49-29-90. Formal action by department required for designation; notice of proposed designation; approval of designation by General Assembly.
Status: in_force

No river or river segment may be eligible as a state scenic river and accorded the protection of this chapter, except upon formal action by the department. Following action by the department declaring a river or river segment eligible as a state scenic river, the department shall publish a notice of the eligibility in the State Register and provide written notice to the Department of Administration, the Department of Revenue, and the affected units of local government. Notice of eligibility also must be published in a newspaper of general circulation in the State to apprise interested parties of the opportunities under Section 49-29-100. The notice must describe the boundaries of the river or river segment. Following notice of eligibility, the department shall submit the same to the General Assembly for review. No river or river segment may be designated a state scenic river until the General Assembly has duly enacted legislation ratifying such designation. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-28-20 — SC Code / Title 49 / Chapter 28 / Section 49-28-20
SECTION 49-28-20. Creation and dissolution of commission.
Status: in_force

The three counties may by joint ordinance create the Lake Wateree Marine Advisory Commission. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If a county withdraws from participation, the commission is dissolved and all property of the commission must be distributed to or divided among the counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
S.C. Code Ann. § 49-19-560 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-560
SECTION 49-19-560. Vacancy in office of elected supervisors.
Status: in_force

In case of a vacancy in an office of supervisor elected by the landowners the remaining supervisors or, if they fail to act within thirty days, the State Director of the Department of Administration may fill such vacancy until the next annual meeting when a successor shall be elected for the unexpired term. Code Commissioner's Note At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015.
S.C. Code Ann. § 49-17-310 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-310
SECTION 49-17-310. Hearing; action on preliminary report.
Status: in_force

At the date appointed for the hearing the clerk of court shall hear and determine any objections that may be offered to the report of the viewers. If it appear that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof such lands shall be excluded and the names of the owners withdrawn from such proceedings. And if it shall be shown that there is any land not within the proposed district that will be affected by the construction of the proposed levee or drain the boundary of the district shall be so changed as to include such lands and such additional landowners shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly, as hereinbefore provided. And any landowners whose lands were within the original levee or drainage district, who were not summoned by the clerk when the petition was filed and whose names have since been ascertained by the clerk, shall be made parties plaintiff or defendant, respectively, and summons shall issue accordingly, as hereinbefore provided. After such change in the boundaries is made, the sufficiency of the petition shall be verified to determine whether or not it conforms to the requirements of the statute as provided in SECTION 49-17-220. The engineer and the other two viewers may attend this meeting and give any information or evidence that may be sought to verify and to substantiate their reports. The efficiency of the drainage or levee may also be determined and if it appears that the location of any levee or drain can be changed so as to make it more effective, that other branches or spurs should be constructed or that any branch or spur projected may be eliminated or other changes made that will tend to increase the benefits of the proposed work such modification and changes shall be made by the board of viewers. If necessary the petition, as amended, shall be referred by the clerk of court to the engineer and two viewers for further report.
S.C. Code Ann. § 49-19-260 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-260
SECTION 49-19-260. Form of notice.
Status: in_force

The notice shall be substantially in the following form which shall be deemed sufficient for all purposes of this chapter: Notice of Application to Form a Drainage District. —Notice is hereby given to all persons interested in the following described lands in __________ County, South Carolina, viz.: (here describe the property as set out in the petition), that a petition asking that the foregoing lands be formed into a drainage district under Chapter 19 of Title 49 of the Code of Laws of South Carolina has been filed in this office and that the foregoing lands will be affected by the formation of such drainage district and rendered liable to assessment for the purpose of paying the expenses of organization and making and maintaining the improvements that may be necessary to effect the reclamation of the lands included in such district and you and each of you are hereby notified to appear on the ___ day of __________ at the office of the clerk of the court of common pleas of __________ County and show cause, if any there be, why such drainage district as set forth in such petition shall not be organized as a public corporation of the State of South Carolina. Date of first publication __________, 19___, clerk of the court of common pleas of __________ County, South Carolina.
S.C. Code Ann. § 49-17-1020 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1020
SECTION 49-17-1020. Letting contract; rejection of bids.
Status: in_force

On the date appointed for the letting the board together with the superintendent of construction shall convene and let to the lowest responsible bidder, either as a whole or in sections as they may deem most advantageous for the district, the proposed work. No bid shall be entertained that exceeds the estimated cost unless for good and satisfactory reasons it shall be shown that the original estimate was erroneous. The board may reject all bids and advertise the work again if in their judgment the interest of the district will be served by doing so.
S.C. Code Ann. § 49-9-70 — SC Code / Title 49 / Chapter 9 / Section 49-9-70
SECTION 49-9-70. Removal of bodies; supervision; expense.
Status: in_force

All removal of bodies under the provisions of this chapter shall be made under the supervision of a duly licensed embalmer and shall be at the expense of the company instituting the proceeding.
S.C. Code Ann. § 49-19-1660 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1660
SECTION 49-19-1660. Collection of drainage tax.
Status: in_force

The county treasurer of each county in which lands in any drainage district organized under this chapter are situated shall receive the Drainage Tax Book each year and shall promptly and faithfully collect the tax therein set out and exercise all due diligence in so doing. The Drainage Tax Book shall be the warrant and authority of the county treasurer for making such demand and collection.
S.C. Code Ann. § 49-17-1660 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1660
SECTION 49-17-1660. Proceedings upon default in payment of assessments.
Status: in_force

In case of default in the payment of any assessment the county treasurer shall issue his warrant to the sheriff who shall collect the assessment as in the case of a defaulting taxpayer and the same costs shall be allowed for the collection of a drainage assessment as for collecting defaulted taxes.
S.C. Code Ann. § 49-29-50 — SC Code / Title 49 / Chapter 29 / Section 49-29-50
SECTION 49-29-50. Inventory and study of rivers; designation of river as eligible state scenic river; proposals for inclusion of additional rivers.
Status: in_force

(A) The department shall inventory and study all South Carolina rivers and identify the rivers or river segments which possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic, or cultural values in accordance with Section 49-29-70. (B) Rivers or river segments identified in the inventory as possessing unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic, or cultural values are eligible for the State Scenic Rivers Program and may be designated as an eligible state scenic river by the department. Rivers or river segments so designated are subject to the completion of a management plan and the acquisition of management rights on adjacent riparian lands. (C) Proposals for including additional rivers or river segments may be made by state agencies, local governments, and other governmental or citizen's groups and submitted to the department for evaluation and study.
S.C. Code Ann. § 49-4-45 — SC Code / Title 49 / Chapter 4 / Section 49-4-45
SECTION 49-4-45. New surface water withdrawers; review and approval; reporting requirements.
Status: in_force

(A)(1) A new surface water withdrawer that owns and operates a licensed impoundment that utilizes water withdrawn from its licensed impoundment and the withdrawals are subject to review and approval of applicable state and federal laws and regulations, including its impoundment licensing authority, shall be issued a surface water withdrawal permit upon proper application. (2) Any other new surface water withdrawer that utilizes water withdrawn from a licensed impoundment shall be issued a surface water withdrawal permit upon proper application in accordance with the criteria contained in this chapter. If this new surface water withdrawer has been issued a license, permit, or certification through a state or federal process that reviewed criteria substantially similar to some or all of the surface water withdrawal criteria contained in this chapter, then the application for the new surface water withdrawal is only required to address the criteria not addressed when the new surface water withdrawer was issued a license, permit, or certification through a state or federal process. (B) Permits issued pursuant to this section will be required to identify the surface water withdrawer, the point of withdrawal, and the maximum withdrawal amounts and also will require that the applicant comply with the reporting requirements of Section 49-4-50. (C) Nothing in this chapter shall be construed to diminish the department's authority to regulate facilities under any other applicable laws. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-7-10 — SC Code / Title 49 / Chapter 7 / Section 49-7-10
SECTION 49-7-10. Bushy Park Authority created; functions generally; "Project" defined.
Status: in_force

There is hereby created a body corporate and politic to be known as the Bushy Park Authority, hereinafter sometimes referred to as the "Authority." It shall be the function of the Authority to cause the construction of the necessary reservoir or reservoirs to impound the fresh water flowing down the Cooper River, and to distribute such water, in the manner provided in this chapter, for industrial and domestic use within its service area. Such reservoir or reservoirs, their intakes, their impounding dams or dikes, the canals, conduits, aqueducts and tunnels connecting them with the Cooper River, all distribution facilities, including mains, conduits, and lines, all land, all rights of way, all easements, and all machinery, apparatus and equipment, acquired by the Authority for the construction, operation or maintenance of the project, whose undertaking is hereby authorized, shall be collectively referred to in this chapter as the "Project."
S.C. Code Ann. § 49-1-90 — SC Code / Title 49 / Chapter 1 / Section 49-1-90
SECTION 49-1-90. Right of others to diversions from Great Pee Dee River.
Status: in_force

Any person, firm, corporation, municipality or county which may acquire rights of way for canals, pipelines or ditches, shall have to the same extent the same rights of diversion granted in SECTION 49-1-80 to International Paper Company, to be exercised in the same manner. Editor's Note 2010 Act No. 247, SECTION 4.B, provides: "Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
S.C. Code Ann. § 49-17-570 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-570
SECTION 49-17-570. Agreement with railroad; determination if unable to agree; assessment of damages and benefits.
Status: in_force

When the time shall arrive, fixed for such conference, unless for good cause more time is agreed upon, the viewers in charge and the railroad company shall agree, if possible, upon the place where and the manner and method by which such improvement shall cross such right of way. If the viewers in charge and the railroad company cannot agree or if the railroad company shall fail, neglect or refuse to confer with the viewers they shall determine the place and manner of crossing the right of way of the railroad company and shall specify the number and the size of openings required and the damages, if any, to the railroad company and so specify in their report. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one shall not be considered as damages to the railroad company. The engineer and viewers shall also assess the benefits that will accrue to the right of way, roadbed and other property of the railroad company by affording better drainage or a better outlet for drainage, but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed at a fixed sum, determined solely by the physical benefit that the property will receive by the construction of the improvement and it shall be reported by the viewers as a special assessment, due personally from the railroad company as a special assessment. It may be collected in the manner of an ordinary debt in any court having jurisdiction.
S.C. Code Ann. § 49-19-1250 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1250
SECTION 49-19-1250. Borrowing for preliminary expenses.
Status: in_force

If it shall appear necessary to obtain funds to pay any expense incurred or to be incurred in organizing the district before a sufficient sum can be obtained by the collection of such uniform tax the board of supervisors may borrow a sufficient amount of money to meet emergencies at a rate of interest not exceeding eight per cent per annum and may issue negotiable notes therefor, signed by members of the board, and may pledge any and all assessments made under the provisions of SECTION 49-19-1210 for the repayment thereof.
S.C. Code Ann. § 49-19-1450 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1450
SECTION 49-19-1450. Payment for lands taken.
Status: in_force

The boards of supervisors of drainage districts organized under this chapter shall not have the right to enter upon or appropriate any land for rights of way, holding basins or other works of the districts until the prices awarded to the owners of such land shall have been paid to such owners or into the hands of the appropriate clerks of the courts of common pleas for the use of such owners. If the sums awarded be not paid within five years from the date of filing the commissioners' reports all proceedings as to the taking of such property for rights of way, holding basins and other works not so paid for shall abate at the cost of the districts. Whenever any land is acquired by any district under the provisions of this chapter and the price of such property has been paid the owner by the district the title, use, possession and enjoyment of such property shall pass from the owner and be vested in the district and subject to its use, profit, employment and final disposition. The price awarded for all lands acquired by any district for rights of way, holding basins or other works and the amount of damages assessed by the board of commissioners and confirmed by the court to any tract or parcel of land or other property in the district shall be paid in cash to the owner thereof or to the clerk of the court for the use of such owner and that portion of any tract or parcel of land not taken for use for the district shall be assessed for the benefits accruing in accordance with provisions of other sections in this chapter.
S.C. Code Ann. § 49-29-220 — SC Code / Title 49 / Chapter 29 / Section 49-29-220
SECTION 49-29-220. Camping activities encouraged at scenic rivers.
Status: in_force

To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, camping activities are encouraged to be included in the comprehensive management plans of all classes of scenic rivers when that activity does not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land.
S.C. Code Ann. § 49-5-140 — SC Code / Title 49 / Chapter 5 / Section 49-5-140
SECTION 49-5-140. Effect of chapter on rights of use of surface water.
Status: in_force

Nothing contained in this chapter changes or modifies existing common or statutory law with respect to the rights of the use of surface water in this State.