S.C. Code Ann. § 49-7-150 — SC Code / Title 49 / Chapter 7 / Section 49-7-150
SECTION 49-7-150. Contracts with municipalities, public bodies and public agencies operating water district systems.
Status: in_force

All municipalities, public bodies and public agencies operating water district systems, in either Berkeley or Charleston County, shall be fully empowered to enter into contracts to buy water from the Authority. Such contracts shall extend over such period of time and shall contain such terms and conditions as shall be mutually agreeable to the Authority and to the contracting municipality, public body or public agency.
S.C. Code Ann. § 49-7-110 — SC Code / Title 49 / Chapter 7 / Section 49-7-110
SECTION 49-7-110. Property exempt from taxes.
Status: in_force

All property of the Authority located in Berkeley County shall be exempt from all ad valorem taxes levied by the State, county or any municipality, division, subdivision or agency thereof, direct or indirect.
S.C. Code Ann. § 49-11-190 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-190
SECTION 49-11-190. Emergency orders; owner to notify department of emergency; action when owner is unknown or fails to comply with order.
Status: in_force

(A) The department immediately shall order remedial measures necessary to protect life or property if the condition of a dam or reservoir is so dangerous to the safety of life or property as not to permit time for the issuance and enforcement of a repair order or passing or imminent floods threaten overtopping erosion or destruction of a dam or reservoir capable of danger to life or property. (B) In applying emergency measures the department has the following limited powers to order the owner to: (1) lower the water level by releasing water from the reservoir; (2) empty the reservoir completely; (3) take other steps essential to safeguard life and property. (C) For an emergency where the owner finds repairs are necessary to safeguard life or property, he may start the repairs immediately but shall notify the department at once of the proposed repair and work underway. (D) When the owner fails to comply with the emergency order or cannot be ascertained or found, the department or its authorized agents may enter and immediately take actions necessary to provide protection to life or property, including removal of the dam. The department may recover from the owner, in the name of the State, the expenses incurred in taking the action in the same manner debts are recoverable by law.
S.C. Code Ann. § 49-9-40 — SC Code / Title 49 / Chapter 9 / Section 49-9-40
SECTION 49-9-40. Rule to show cause.
Status: in_force

Upon the presentation of such petition the judge to whom it is presented shall issue a rule to show cause returnable in not less than ten days requiring the persons named in the rule to show cause why the bodies of the deceased persons in question should not be removed to some suitable cemetery or burying ground or such other disposition be made with reference thereto as to the judge before whom the rule is returnable may seem just and proper.
S.C. Code Ann. § 49-19-2180 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2180
SECTION 49-19-2180. Use of proceeds of bonds.
Status: in_force

The funds derived from the sale of such bonds or any of them shall be used for the purpose of paying the cost of the drainage works and improvements and such costs, expenses, fees and salaries as may be authorized by law and used for no other purpose.
S.C. Code Ann. § 49-17-540 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-540
SECTION 49-17-540. Classification of land according to benefits.
Status: in_force

The engineer and viewers shall personally examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch, drain or watercourse or other improvement. In the case of drainage the degree of wetness of the land, its proximity to the ditch or a natural outlet and the fertility of the soil and its effect upon health conditions in the district shall be considered in determining the amount of benefit it will receive by the construction of the ditch. The land benefited shall be separated in five classes. The land receiving the highest benefit shall be designated "Class A"; that receiving the next highest benefit, "Class B"; that receiving the next highest benefit, "Class C"; that receiving the next highest benefit, "Class D," and that receiving the smallest benefit, "Class E." The holding of any one landowner need not necessarily be all in one class but the number of acres in each class shall be ascertained, though its boundary need not be marked on the ground or shown on the map. The total number of acres owned by one person in each class and the total number of acres benefited shall be determined. The total number of acres of each class in the entire district shall be obtained and presented in tabulated form.
S.C. Code Ann. § 49-19-1930 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1930
SECTION 49-19-1930. Payment of all assessments in advance.
Status: in_force

Any person owning land assessed for the construction of any canal, ditch or other improvement under the provisions of this chapter shall have the privilege of paying such assessment to the treasurer of the board of supervisors at any time on or before a date to be fixed by the board of supervisors and the amount to be paid shall be the full amount of the tax levied, less any amount added thereto to meet interest. When such tax assessment has been paid the secretary of the board shall enter upon the Drainage Tax Record opposite each tract for which payment is made the words "paid in full" and such tax assessment shall be deemed satisfied and the secretary of the board of supervisors shall also make or cause to be made the same entry opposite each tract for which payment is made in the table included in the certificate filed in the office of the clerk of the court of common pleas under the provisions of SECTION 49-19-1770.
S.C. Code Ann. § 49-27-50 — SC Code / Title 49 / Chapter 27 / Section 49-27-50
SECTION 49-27-50. Meetings of governing board; election of chairman and officers; rules and regulations.
Status: in_force

Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the boards of the three counties concerned. The commissioners shall elect a chairman and such officers as they may choose. All officers shall serve one-year terms. The governing board shall adopt such rules and regulations as it may consider necessary, not inconsistent with the provisions of chapter or of any joint ordinance or the laws of the appropriate state, for the proper discharge of its duties and for the governance of the commission. In order to conduct business, a quorum must be present. The chairman may adopt those committees as may be authorized by such rules and regulations. The commission shall meet regularly at those times and places as may be specified in its rules and regulations or in any joint ordinance. However, meetings of the commission must be held in all three counties on a rotating basis so that an equal number of meetings is held in each county. Special meetings may be called as specified in the rules and regulations. As to meetings held within South Carolina, the provisions of Chapter 4 of Title 30, Code of Laws of South Carolina, 1976, (Freedom of Information Act) apply. As to meetings held within North Carolina, the provisions of that state's Open Meetings Law, Article 33C of Chapter 143 of the North Carolina General Statutes apply.
S.C. Code Ann. § 49-19-1460 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1460
SECTION 49-19-1460. Construction and enlargement of bridges.
Status: in_force

All bridges constructed under the provisions of this chapter and all enlargements of bridges already in existence shall be built and enlarged according to and in compliance with the plans, specifications and orders made or approved by the chief engineer of the district.
S.C. Code Ann. § 49-17-610 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-610
SECTION 49-17-610. Notice of hearing on final report; copy available for inspection.
Status: in_force

When the report is fully completed and accepted by the clerk, a date, not less than twenty days thereafter, shall be fixed by the clerk for the final hearing upon the report and notice thereof shall be given by publication in a newspaper of general circulation in the county and by posting a written or printed notice on the door of the courthouse and at five conspicuous places throughout the district, such publication to be made for at least two weeks before the final hearing. During this time a copy of the report shall be on file in the office of the clerk of the court of common pleas and shall be open to the inspection of any landowner or other person interested within the drainage district.
S.C. Code Ann. § 49-11-220 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-220
SECTION 49-11-220. Filing of certification of approved design; designs by federal agencies excepted.
Status: in_force

An applicant for approval of a dam or reservoir subject to Section 49-11-200 also shall file with the department a design approved by a registered professional engineer legally qualified in the State. Dams designed by the USDA-Soil Conservation Service or other federal agencies do not require certification by a registered professional engineer.
S.C. Code Ann. § 49-27-80 — SC Code / Title 49 / Chapter 27 / Section 49-27-80
SECTION 49-27-80. Authority to make regulations; penalties for violations; effective date; notice and filing requirements; publication and filing requirements not prerequisite to validity.
Status: in_force

(A) Except as limited in subsection (B) of this section, by restrictions in any joint ordinance, and by other supervening provisions of law, the commission may make regulations applicable to Lake Wylie and its shoreline area concerning all matters relating to or affecting the use of Lake Wylie. These regulations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated under the authority of general law. No regulations adopted under the provisions of this section may be adopted by the commission except after public hearing, with publication of notice of the hearing in a newspaper of general circulation in the three counties at least ten days before the hearing. In lieu of or in addition to passing regulations supplementary to state law and regulations concerning the operation of vessels on Lake Wylie, the commission may, after public notice, request that the North Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources pass local regulations on this subject in accordance with the procedure established by appropriate state law. (B) Violation of any regulation of the commission commanding or prohibiting an act is a misdemeanor punishable by a fine not to exceed two hundred dollars or thirty days' imprisonment. (C) The regulations promulgated under this section take effect upon passage or upon such dates as may be stipulated in the regulations except that no regulation may be enforced unless adequate notice of the regulation has been posted in or on Lake Wylie or its shoreline area. Adequate notice as to a regulation affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the regulation in the immediate vicinity of the location in question. Where a regulation applies generally as to Lake Wylie or its shoreline area, or both, there must be a posting of notices, signs, or markers communicating the essential provisions in at least three different places throughout the area and it must be printed in a newspaper of general circulation in the three counties. (D) A copy of each regulation promulgated under this section must be filed by the commission with the following persons: (1) the Secretaries of State of North and South Carolina; (2) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County; (3) the Directors of the Wildlife Resources Commission of North Carolina and the South Carolina Department of Natural Resources. (E) Any official designated in subsection (D) above may issue certified copies of regulations filed with him under the seal of his office. These certified copies may be received in evidence in any proceeding. (F) Publication and filing of regulations promulgated under this section as required above is for informational purposes and is not a prerequisite to their validity if they in fact have been duly promulgated, the public has been notified as to the substance of regulations, a copy of the text of all regulations is in fact available to any person who may be affected, and no party to any proceeding has been prejudiced by any defect that may exist with respect to publication and filing. Rules and regulations promulgated by the commission under the provisions of other sections of this chapter relating to internal governance of the commission need not be filed or published. Where posting of any sign, notice, or marker or the making of other communication is essential to the validity of a regulation duly promulgated, it is presumed in any proceeding that prior notice was given and maintained and the burden lies upon the party asserting to the contrary to prove lack of adequate notice of any regulation.
S.C. Code Ann. § 49-19-1480 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1480
SECTION 49-19-1480. Ditch or lateral crossing public highway.
Status: in_force

Any drainage district may construct and maintain any ditch or lateral provided in the Plan of Reclamation across any of the public highways of this State without proceedings for the condemnation of the highway or being liable for damages therefor. Within ten days after a dredge boat or any other excavating machine shall have completed a ditch across any public highway a bridge shall be constructed and maintained over such drainage ditch where it crosses such highway.
S.C. Code Ann. § 49-1-20 — SC Code / Title 49 / Chapter 1 / Section 49-1-20
SECTION 49-1-20. Permitting logs and the like to obstruct or interfere with navigation of rivers or harbors.
Status: in_force

Any person who shall be found guilty of cutting any trees or tree tops, brush or logs, or throwing any refuse material whatever into any navigable river or harbor or who shall float logs singly or in rafts in any manner whatsoever without being properly or plainly lighted at night and attended by day with a sufficient number of men to prevent such rafts and logs from negligently damaging property along the river banks, from catching on snags, sinking and forming obstructions or in any manner whatsoever interfering with the navigation of or obstructing such rivers or harbors shall be guilty of a misdemeanor and punished by fine not exceeding two hundred and fifty dollars or by imprisonment not exceeding two years. All such trees, logs, rafts, floating booms or pens of timber dangerous to navigation in any such river may be captured, secured, properly rafted to market and sold, one half of the net proceeds over the expense of capturing and marketing to be paid to the county treasurer of the county in which such timber may be captured and the other half to the person capturing it. But this section shall not apply to logs or timber accidentally drifting loose from a raft or from any stationary boom where timber is kept for proper use or for proper rafting or to any logs floated off from the owner by a sudden freshet before he shall have had an opportunity to raft them. 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. § 49-9-20 — SC Code / Title 49 / Chapter 9 / Section 49-9-20
SECTION 49-9-20. Procedure authorized if no requests for disposition of bodies received.
Status: in_force

Unless the company shall receive written requests for the disposition of the remains of deceased relatives within the time stated in such notice, the company shall be at liberty to proceed with the creation of its proposed pond, lake or reservoir and to remove, if it deems it advisable, the bodies buried within the area together with any stones or markers to some suitable place nearby or to allow the bodies to remain within the area to be covered by water and the relatives of all persons buried within such area who fail to express in writing their wishes for the disposition of such bodies shall be deemed to have abandoned such graves.
S.C. Code Ann. § 49-19-2160 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2160
SECTION 49-19-2160. Report of sales; warrants for payment of bonds and interest.
Status: in_force

The district treasurer shall promptly report all sales of bonds to the board of supervisors which shall at reasonable times thereafter prepare and issue warrants in substantially the forms provided in SECTION 49-19-1950 for the payment of the maturing bonds so sold and the interest payments coming due on all bonds sold. Each of such warrants shall specify what bonds and accruing interest it is to pay and the treasurer shall place sufficient funds at the place of payment to pay the maturing bonds and coupons when due as well as a reasonable compensation to the bank or trust company for paying them.
S.C. Code Ann. § 49-19-1070 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1070
SECTION 49-19-1070. Acceptance of assessments of damages; demand for jury.
Status: in_force

Any property owner may accept the assessments of damages in his favor made by the commissioners or acquiesce in their failure to assess damages in his favor and shall be construed to have done so unless he gives the supervisors of the district on or before the time shall have expired for filing exceptions, as heretofore provided, notice in writing that he demands an assessment of his damages by a jury.
S.C. Code Ann. § 49-17-1640 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1640
SECTION 49-17-1640. Assessment rolls.
Status: in_force

The board of drainage commissioners shall furnish the county auditor with an assessment roll showing the names of the property owners and the amounts assessed, respectively, for drainage purposes and the county auditor shall make up an original book and a duplicate thereof as for other taxes or assessments and shall furnish the county treasurer with a duplicate.
S.C. Code Ann. § 49-17-810 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-810
SECTION 49-17-810. Appointment of drainage commissioners; vacancies.
Status: in_force

After any such drainage district shall have been declared established, as aforesaid, and the survey and plan thereof approved, the clerk of the court shall appoint three persons who shall be designated as the board of drainage commissioners. Such drainage commissioners shall first be elected by the owners of the land within the drainage or levee district or by a majority of them in such manner as the clerk shall prescribe. The clerk shall appoint those receiving a majority of the votes. If any one or more of such proposed commissioners shall not receive the vote of the majority of such landowners the clerk shall appoint all of the remainder from among those voted for in the election in the order of those receiving the greatest number of votes. Any vacancy thereafter occurring shall be filled in like manner.
S.C. Code Ann. § 49-19-1280 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1280
SECTION 49-19-1280. Refund of assessment.
Status: in_force

If it shall be ascertained and determined that any tract or lot of land or parts thereof upon which the uniform tax authorized and levied as provided in SECTION 49-19-1210 has been paid will not be benefited by or receive any benefit from the completion of the plan for improvement then the uniform tax so paid upon such tract, lot or part thereof shall be refunded and paid to the person paying it.
S.C. Code Ann. § 49-19-1770 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1770
SECTION 49-19-1770. Drainage Tax Record filed in clerk's office.
Status: in_force

The certificate and tables specified in SECTION 49-19-1760 shall be prepared in a well-bound book and filed in the office of each of the clerks of the court of common pleas of the counties having lands in the district where they shall become a permanent record of the office. The book shall be prepared by the secretary of the board of supervisors at the expense of the drainage district, shall be designated as the Drainage Tax Record and each clerk shall receive a fee of one dollar for filing the book and preserving it.
S.C. Code Ann. § 49-28-90 — SC Code / Title 49 / Chapter 28 / Section 49-28-90
SECTION 49-28-90. Law enforcement officers; extraterritorial jurisdiction.
Status: in_force

(A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction. (B) If a law enforcement officer of one of the three counties with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in the three counties as may be necessary to perform his duties. These duties may include patrolling the entire area of Lake Wateree and when probable cause exists, investigate possible violations of the law. This includes traversing by reasonable routes from one portion of this area to another across territory not within the boundaries of Lake Wateree and its shoreline area; transporting across territorial boundaries prisoners in custody to a court or detention facility as may be authorized by law; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for probable cause arose within the area in question. (C) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office. (D) A criminal violation must be tried in the county in which it occurred. (E) This section does not authorize the members of the Lake Wateree Marine Advisory Commission to act as law enforcement officers.
S.C. Code Ann. § 49-19-230 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-230
SECTION 49-19-230. Necessity of election.
Status: in_force

No drainage district shall be formed, no levy of assessments had and no bonds issued under the provisions of this chapter until an election thereon has been had under the direction of the commissioners of election in the county in which the drainage district is proposed to be formed, taxes levied or bonds issued, after giving at least twenty-one days' public notice of such election, fully stating the territory to be embraced in the district to be formed and the additional amount of taxes to be levied or the amount of bonds to be issued and also giving the names of the managers to hold such election and the place of such election. No district shall be formed, no taxes assessed and levied and no bonds issued unless a majority of the freeholders within the district owning a majority of the land to be embraced in the district vote in favor of the forming of the district and the assessment and levy of taxes or the issuance of bonds.
S.C. Code Ann. § 49-4-80 — SC Code / Title 49 / Chapter 4 / Section 49-4-80
SECTION 49-4-80. Contents of application for surface water withdrawal permit; department criteria; department duties.
Status: in_force

(A) An application for a surface water withdrawal permit must contain the following information: (1) the name and address of the applicant; (2) the location of the applicant's intake facilities; (3) the place and nature of the proposed use of the surface water withdrawn; (4) the quantity of surface water requested and for the applicant's proposed use; and (5) the estimated ratio between water withdrawn and consumptive use of water withdrawn. (B) To determine whether an applicant's proposed use is reasonable, the department must consider the following criteria: (1) the minimum instream flow or minimum water level and the safe yield for the surface water source at the location of the proposed surface water withdrawal; (2) the anticipated effect of the applicant's proposed use on existing users of the same surface water source including, but not limited to, present agricultural, municipal, industrial, electrical generation, and instream users; (3) the reasonably foreseeable future need for the surface water including, but not limited to, reasonably foreseeable agricultural, municipal, industrial, electrical generation, and instream uses; (4) whether it is reasonably foreseeable that the applicant's proposed withdrawals would result in a significant, detrimental impact on navigation, fish and wildlife habitat, or recreation; (5) the applicant's reasonably foreseeable future water needs from that surface water; (6) the beneficial impact on the State and its political subdivisions from a proposed withdrawal; (7) the impact of applicable industry standards on the efficient use of water, if followed by the applicant; (8) the anticipated effect of the applicant's proposed use on the following if the permit is granted: (a) interstate and intrastate water use; (b) public health and welfare; (c) economic development and the economy of the State; and (d) applicable federal laws and interstate agreements and compacts; and (9) any other reasonable criteria that the department promulgates by regulation that it considers necessary to make a final determination. (C) The department shall determine the safe yield of the surface water source and the volume of supplemental water supply, if needed, necessary to sustain the applicant's proposed water use. In making the safe yield determination, the department, in consultation with the Department of Natural Resources, may perform stream flow modeling. (D) The department must determine the minimum instream flow requirement for the surface water body at the point of the proposed withdrawal. (E) The department must consult with the Department of Natural Resources to determine which, if any, existing stream flow measuring devices should be utilized to quantify the stream flow at the point of the proposed withdrawal. If no existing measuring device is suitable, the Department of Natural Resources will recommend the location of a new measuring device. (F) The department must consult with the Department of Natural Resources to quantify the stream flow measured at the specified measuring device that will require a reduction in the applicant's water withdrawal because of inadequate stream flow at the point of withdrawal. (G) The department shall develop a mechanism for notifying the applicant that its withdrawal must be reduced because of inadequate stream flow at the point of the proposed withdrawal. (H) The department must share all findings of subsections (C) through (G) with the applicant. (I) If the department determines that a supplemental water supply is required, the applicant must demonstrate that the supplemental water supply will be comprised of sources other than the surface water source from which the surface water withdrawals are made during nonlow flow conditions. This section does not prevent a licensee from replenishing his supplemental water supply from the source of the surface water withdrawal during appropriate flows. (J) Upon a determination by the department that, based upon its examination of the criteria in subsection (B), the applicant's use is reasonable, the department shall issue a permit to the applicant. (K)(1) Except as provided in Section 49-4-90, upon receipt of a new surface water withdrawal permit application or an application to significantly increase the amount of water that may be withdrawn under an existing permit and the appropriate filing fee, the department must, within thirty days, provide the public with notice of the application. In addition to the department's usual public notice procedures, the department must publish notice of the application in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area and on the department's website. The public notice must contain the location and amount of the proposed withdrawal, the use for which the water will be withdrawn, and the process for requesting a public hearing concerning the application. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the affected area, the department must conduct a hearing. The hearing must be held within ninety days at an appropriate time and in an appropriate location near the specific site from which surface water withdrawals are proposed to be made. (2) The department shall by regulation delineate and designate river basins to be used when determining the affected area for a particular surface water withdrawal application. In undertaking this task, the department shall initially establish fifteen river basins, including the watershed of each of the following fifteen rivers or river systems: (a) Upper Savannah; (b) Lower Savannah; (c) Saluda; (d) Broad; (e) Congaree; (f) Catawba-Wateree; (g) Lynches; (h) Pee Dee; (i) Little Pee Dee; (j) Black; (k) Waccamaw; (l) Lower Santee; (m) Edisto; (n) Ashley-Cooper; and (o) Combahee-Coosawhatchie. (L) If the department determines that a new surface water withdrawal permit application or an application to significantly increase the amount of water that may be withdrawn under an existing permit must be denied because there is not enough water in the safe yield, the department may meet with the other permitted withdrawers in the affected stream segment or basin, as appropriate, to determine whether the other permitted withdrawers can reach mutually agreed upon permit reductions to accommodate 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." Former Section 49-4-80 was titled Violations of chapter or regulation; civil and criminal penalties. See, now Section 49-4-180.
S.C. Code Ann. § 49-19-2510 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2510
SECTION 49-19-2510. Petition for correction of errors or extension of boundaries.
Status: in_force

The board of supervisors or the board of drainage commissioners, for and in behalf of any drainage district organized under the provisions of this chapter, or the owners of land adjacent to such district may file a petition in the office of the clerk of the court organizing the district, praying the court to amend its former decree incorporating the district by correcting the names of the landowners, by striking out any such names, or in any other manner. Such petition may ask permission of the court to amend or change the Plan of Reclamation or to correct any errors, omissions or other mistakes that have been discovered in the Plan of Reclamation or the petition may ask that the boundary lines of the district be extended so as to include lands not included in the petition and decree of the court incorporating the district. If such petition asks the court's permission to change the Plan of Reclamation or that the boundary lines of such district be in any manner changed it shall also ask the court to appoint three commissioners as provided under the provisions of SECTION 49-19-930 to appraise the land that shall be taken for rights of way, holding basins or other works or to assess the benefits and damages to any or all lands, public highways, railroad and other property already in the district or that may be annexed to the district by the proposed amendments and changes to the Plan of Reclamation or the proposed change in the boundary lines of the district.
S.C. Code Ann. § 49-19-1700 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1700
SECTION 49-19-1700. Payment when tract divided and sold or transferred during year.
Status: in_force

When any tract or part thereof has been divided and sold or transferred the county treasurer shall receive taxes on any part of any tract, piece or parcel of land charged with such taxes and give his receipt accordingly. But the board of supervisors shall ascertain and determine the amount of such taxes to be paid by each of such owners.
S.C. Code Ann. § 49-19-2150 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2150
SECTION 49-19-2150. Additional bond of district treasurer.
Status: in_force

The district treasurer shall, at the time of the receipt by him of such bonds, execute and deliver to the president of the board of the district a bond with good and sufficient sureties to be approved by the board, conditioned (a) that he shall account for and pay over as required by law and as ordered to do by the board any and all money received by him on the sale of such bonds or any of them, (b) that he will only sell and deliver such bonds to the purchaser or purchasers thereof under and according to the terms herein prescribed and (c) that he will return, duly cancelled, any and all bonds not sold to the board of supervisors when ordered by the board to do so. Such bond shall remain in the custody of the president of the board of supervisors who shall produce it for inspection or for use as evidence whenever and wherever legally requested so to do. The successor in office of any such district treasurer shall not be entitled to the bonds or the proceeds thereof until he shall have complied with all the foregoing provisions applicable to his predecessor in office.
S.C. Code Ann. § 49-19-510 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-510
SECTION 49-19-510. Calling meeting to elect board of supervisors.
Status: in_force

Within twenty days after any drainage district shall have been organized and incorporated under the provisions of Article 3 of this chapter the clerk of the court in which the petition has been filed shall, upon giving notice by causing publication thereof to be made once a week for two consecutive weeks in some newspaper published in each county in which lands of the district are situate, the last insertion to be not less than ten nor more than fifteen days before the day of such meeting, call a meeting of the owners of the lands situate in the district at a day and hour specified at some public place in the county in which the district was organized for the purpose of electing a board of three supervisors, to be composed of owners of lands in the district, two of whom at least shall be residents of the county or counties in which such district is situate or some adjoining county.
S.C. Code Ann. § 49-3-50 — SC Code / Title 49 / Chapter 3 / Section 49-3-50
SECTION 49-3-50. Matters to be considered by department in exercising responsibilities.
Status: in_force

In exercising its responsibilities under this chapter, the department shall take into consideration the need for: (1) adequate supplies of surface and groundwaters of suitable quality for all uses, including domestic, municipal, agricultural, and industrial; (2) water of suitable quality for all purposes; (3) water availability for recreational and commercial needs; (4) hydroelectric power; (5) flood damage control or prevention measures including zoning to protect people, property, and productive lands from flood losses; (6) land stabilization measures; (7) drainage measures, including salinity control; (8) watershed protection and management measures; (9) outdoor recreational and fish and wildlife opportunities; (10) studies on saltwater intrusion into groundwater and surface water; (11) measures to protect the state's fisheries and other aquatic resources; (12) any other means by which development of water and related land resources can contribute to economic growth and development, the long-term preservation of water resources, and the general well-being of all the people of the State. Effect of Amendment The 2008 amendment, in item (c), substituted "for recreational and commercial needs" for "facilities". 2019 Act No. 73, SECTION 2, in (a), substituted "all uses, including domestic, municipal, agricultural, and industrial" for "domestic, municipal, agricultural, and industrial uses"; in (b), deleted "quality facilities and controls to assure water" following "Water"; in (c), substituted "Water availability" for "Water navigation"; and inserted (j) and (k) and redesignated (j) as (l). 2023 Act No. 60, SECTION 5, made nonsubstantive changes throughout the section.
S.C. Code Ann. § 49-5-30 — SC Code / Title 49 / Chapter 5 / Section 49-5-30
SECTION 49-5-30. Definitions.
Status: in_force

Unless the context otherwise requires, as used in this chapter: (1) "Aquifer" means a geologic formation, group of these formations, or part of a formation that is water bearing. (2) "Aquifer storage and recovery" or "ASR" means a process by which water is injected into an aquifer for storage and then subsequently withdrawn from the same aquifer from the same well or other nearby wells. (3) "Board" means the Board of the Department of Health and Environmental Control. (4) "Coastal Plain" means: (a) all of Aiken, Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun, Charleston, Clarendon, Colleton, Darlington, Dillon, Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Lee, Marion, Marlboro, Orangeburg, Sumter, and Williamsburg counties; and (b) those portions of Chesterfield, Edgefield, Kershaw, Lexington, Richland, and Saluda counties east or southeast of the fall line as identified on the best available geologic map. (5) "Department" means the Department of Health and Environmental Control. (6) "Dewatering operation" means an operation that is withdrawing groundwater from an aquifer for the purpose of draining an excavation or preventing or retarding groundwater flow into an excavation. This operation includes, but is not limited to, mining, water and sewer line construction, and excavating for a building foundation. (7) "Emergency withdrawal" means the withdrawal of groundwater, for a period not exceeding thirty calendar days, for the purpose of fire fighting, hazardous substance or waste spill response, or both, or other emergency withdrawal of groundwater as determined by the department. (8) "Existing groundwater withdrawer" means a groundwater withdrawer withdrawing groundwater or a proposed groundwater user with its wells under construction before January 1, 2000. (9) "Flowing well" means a well releasing groundwater under such pressure that pumping is not necessary to bring it above the ground surface. (10) "Groundwater" means water in the void spaces of geologic materials within the zone of saturation. (11) "Groundwater withdrawal permit" means a permit issued by the department to groundwater withdrawers in a designated capacity use area for the withdrawal of groundwater. (12) "Groundwater withdrawer" means a person withdrawing groundwater in excess of three million gallons during any one month from a single well or from multiple wells under common ownership within a one-mile radius from any one existing or proposed well. (13) "New groundwater withdrawer" means a person who becomes a groundwater withdrawer after December 31, 1999, except for a proposed groundwater withdrawer with its wells under construction before January 1, 2000. (14) "Nonconsumptive use" means the use of water from an aquifer that is returned to the aquifer from which it was withdrawn, at or near the point from which it was withdrawn, without diminishing the quantity any more than three million gallons in any one month or without substantial impairment in quality. (15) "Permit to construct" means a permit issued by the department after consideration of proposed well location, depth, rated capacity, and withdrawal rate. (16) "Permittee" means a person having obtained a permit to construct or a groundwater withdrawal permit issued in accordance with Sections 49-5-60 and 49-5-110. (17) "Person" means an individual, firm, partnership, association, public or private institution, municipality or political subdivision, governmental agency, public water system, or a private or public corporation organized under the laws of this State or any other state or county. (18) "Public water system" means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act. (19) "Rated capacity" means the amount, in gallons per minute (gpm), of groundwater that is capable of being withdrawn from the completed well with the pump installed. (20) "Surface water" means all water which is open to the atmosphere and subject to surface runoff which includes lakes, streams, ponds, and reservoirs. (21) "Type I well" means a well constructed with an open hole in a bedrock aquifer. (22) "Well" means an excavation that is cored, bored, drilled, jetted, dug, or otherwise constructed for the purpose of locating, testing, or withdrawing groundwater or for evaluating, testing, developing, draining, or recharging a groundwater reservoir or aquifer or that may control, divert, or otherwise cause the movement of groundwater from or into an aquifer.
S.C. Code Ann. § 49-19-2620 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2620
SECTION 49-19-2620. Addition to Plan of Reclamation.
Status: in_force

When the work set out in the Plan of Reclamation of any drainage district is found insufficient to reclaim in whole or in part any or all of the lands of the district the board of supervisors may formulate new or amended plans containing new canals, ditches, levees or other works and additional assessments may be made in conformity with the provisions of SECTIONS 49-19-960 to 49-19-1010 in proportion to the increased benefits accruing to the lands because of the additional works.
S.C. Code Ann. § 49-23-20 — SC Code / Title 49 / Chapter 23 / Section 49-23-20
SECTION 49-23-20. Definitions.
Status: in_force

As used in this chapter: (a) "Department" means the Department of Natural Resources. (b) "Conservation" means, to minimize or prevent depletion or waste of the water resource. (c) "Drought Response Committee" means the committee created under Section 49-23-60 to be convened to address drought related problems and responses. (d) "Office of primary responsibility" means the Department of Natural Resources. (e) "Person" means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country. (f) "Drought" means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State. (g) "Water resources" means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground. (h) "Diffused surface water" means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies. (i) "Drought indices" means topical and quantitative indicators of drought including, but not limited to, sustained decline in water levels of natural flowing streams and other natural bodies of water, decline in water tables above and below ground, forest fire indices, sustained decline in potable drinking water supplies, agricultural stress, low soil moisture, and low precipitation. The department must, through regulation, establish specific numerical values for the indicies that define each level of drought. (j) "Incipient drought" means that there is a threat of a drought as demonstrated by drought indices. The incipient drought phase shall initiate inhouse mobilization by department personnel and the Drought Response Committee. The department shall routinely monitor the climatic variables, streamflow, and water levels in potable drinking water supplies and water levels in the above and below ground water tables and lakes, and shall notify the Drought Response Committee and relevant federal, state, and local agencies that a portion of the State is experiencing an incipient drought condition. The department must increase monitoring activities to identify a change in existing conditions. (k) "Moderate drought" means that there is an increasing threat of a drought as demonstrated by drought indices. Statements must be released to the news media by the department, and appropriate agencies must accelerate monitoring activities. (l) "Severe drought" means that the drought has increased to severe levels as demonstrated by drought indices. This phase must be verified utilizing data, forecasts, and outlooks from various agencies. A drought of this severity normally requires an official declaration by the department and water withdrawals and use restrictions. (m) "Extreme drought" means that the drought has increased to extreme levels as demonstrated by drought indices. The department shall continue to evaluate information from various sources. Upon confirmation of an Extreme Drought Alert Phase, the Drought Response Committee may recommend that the Governor issue a public statement that an extreme drought situation exists and that appropriate water-use and withdrawal restrictions be imposed. (n) "Board" means the governing authority of the Department of Natural Resources.
S.C. Code Ann. § 49-30-90 — SC Code / Title 49 / Chapter 30 / Section 49-30-90
SECTION 49-30-90. Magistrate court jurisdiction; offenses and penalties.
Status: in_force

(A) Notwithstanding Chapter 3, Title 22, magistrates court shall have jurisdiction over actions arising under this section. (B) A permit holder that fails to remove his structure at the expiration of his permit, who violates a condition upon which the permit was granted, or abandons the structure is guilty of a misdemeanor and, upon conviction, must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the permit holder to pay for all costs associated with the removal of the structure. (C) Construction, placement, operation, occupation, or use of an unpermitted structure in, on, or about the waters of this State or on a licensed lake is a misdemeanor and, upon conviction, the offender must be fined up to five thousand dollars or imprisoned for up to thirty days, or both. The court also must require the offender to pay for all costs associated with the removal of the unpermitted structure.
S.C. Code Ann. § 49-19-1610 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1610
SECTION 49-19-1610. Levy of assessments.
Status: in_force

After the list of lands with the assessed benefits and the decree and judgment of court have been filed in the office of the clerk of the court of common pleas, as provided in SECTION 49-19-1090, then the board of supervisors shall, without any unnecessary delay, levy an assessment, hereinafter called a tax, of such portion of the benefits on all lands, railroads and other property in the district to which benefits have been assessed as may be found necessary by the board of supervisors to pay the costs of the completion of the proposed works and improvements as shown in the Plan of Reclamation and in carrying out the objects of the district and in addition thereto ten per cent of such total amount for emergencies. The tax shall be apportioned to and levied on each tract of land in the district in proportion to the benefits assessed and not in excess thereof. In case bonds are issued as provided in Article 15 of this chapter the amount of the interest, as estimated by the board of supervisors, which will accrue on the bonds shall be included and added to the tax. But the interest to accrue on account of the issuing of such bonds shall not be construed as a part of the costs of construction in determining whether or not the expenses and costs of making the improvements are or are not equal to or in excess of the benefits assessed.
S.C. Code Ann. § 49-19-2560 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2560
SECTION 49-19-2560. Consolidation of districts.
Status: in_force

Any two or more adjacent districts established under this chapter, whether incorporated in the same or different counties, may be united and consolidated in one district and such new district and the board of supervisors thereof shall have the rights, powers and privileges of any district organized under this chapter.
S.C. Code Ann. § 49-6-40 — SC Code / Title 49 / Chapter 6 / Section 49-6-40
SECTION 49-6-40. Aquatic Plant Management Plan.
Status: in_force

The department, with advice and assistance from the council, shall develop an Aquatic Plant Management Plan for the State of South Carolina. The plan shall describe the procedures for problem site identification and analysis, selection of control methods, operational program development, and implementation of operational strategies. The plan shall also identify problem areas, prescribe management practices, and set management priorities. The plan shall be updated and amended at appropriate intervals as necessary; provided, however, problem site identification and allocation of funding shall be conducted annually. In addition, the department shall establish procedures for public input into the plan and its amendments and priorities. The public review procedures shall be an integral part of the plan development process. When deemed appropriate, the department may seek the advice and counsel of persons and organizations from the private, public, or academic sectors. The council shall review and approve all plans and amendments. Approval shall consist of a two-thirds vote of the members present. The department shall have final approval authority over those sections which do not receive two-thirds approval of the council.
S.C. Code Ann. § 49-9-10 — SC Code / Title 49 / Chapter 9 / Section 49-9-10
SECTION 49-9-10. Publication of notice before creation of artificial lake, pond, or reservoir on cemetery or burial ground.
Status: in_force

Any water-power or reservoir company proposing to create an artificial lake, pond or reservoir on land whereon is situated a cemetery or burying ground shall, before the creation of such lake, pond or reservoir, cause to be published once a week for four successive weeks in a newspaper published in the county or counties in which such lake, pond or reservoir shall be created or, if there be no such newspaper, in a newspaper having general circulation in such county or counties a notice which shall set forth (a) the names, if known, of all persons buried within the area to be covered by water, (b) the names, if known, of all family and other burying grounds within such area and (c) such other information as may be known to the company and which would serve to designate the known graves or graveyards within such area. Such notice shall further contain a provision calling upon the relatives of all persons buried within such area to furnish to the company in writing within a stated period of time, to be not less than thirty days from the date of last publication, a statement of their wishes with respect to the disposition of the remains of the persons so buried, signed by the person making the request and giving his post-office address.
S.C. Code Ann. § 49-29-30 — SC Code / Title 49 / Chapter 29 / Section 49-29-30
SECTION 49-29-30. Findings and policy.
Status: in_force

The General Assembly finds that certain selected rivers and river segments of this State possess unique or outstanding scenic, recreational, geologic, botanical, fish, wildlife, historic, or cultural values. It is the policy of the General Assembly to provide for the protection of these selected diminishing values and to preserve the state's natural heritage for the benefit and enjoyment of present and future generations. The provisions of this chapter complement and are considered part of the State Water Resources Plan as formulated by the department.
S.C. Code Ann. § 49-19-70 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-70
SECTION 49-19-70. Abatement of actions; revival.
Status: in_force

No action under the provisions of this chapter shall abate by reason of the death or disability of any party to any proceeding but upon suggestion of such death or disability the cause shall be immediately revived in the name of the heirs, devisees or legal representatives of such party and summons shall be served on such heirs, devisees or legal representatives at least five days before the day set for hearing the cause. If the heirs, devisees or legal representatives of the deceased party are nonresidents notice by publication shall be given them in the manner and for the time provided for in SECTIONS 49-19-250 and 49-19-260 and the cause shall then proceed in all respects as in the case of the original parties being in court. This section shall not be construed to limit the notice provided for in SECTIONS 49-19-250 and 49-19-260 to nonresidents.
S.C. Code Ann. § 49-17-1830 — SC Code / Title 49 / Chapter 17 / Article 15 / Section 49-17-1830
SECTION 49-17-1830. Penalties for injury to drainage works.
Status: in_force

It shall be unlawful for any person to injure, damage or obstruct any levee, ditch, drain or watercourse constructed or improved under the provisions of this chapter or to build any bridge, fence or floodgate in such way as to injure or damage any such levee, ditch, drain or watercourse. Any person violating any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, may be fined in any sum not exceeding twice the damage or injury done or caused.
S.C. Code Ann. § 49-19-580 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-580
SECTION 49-19-580. Organization of board of supervisors; secretary; seal; records.
Status: in_force

The board of supervisors immediately after their election or appointment shall meet at some convenient place and choose one of their number president of the board and elect some suitable person secretary, who may or may not be a member of the board and who may be required to execute bond for the faithful performance of his duties as the board of supervisors may require. The board may adopt a seal with a suitable device and shall keep a record of all its proceedings in a substantially bound book to be kept for the purpose, which shall be open to inspection by any interested person, his agent or attorney.
S.C. Code Ann. § 49-19-720 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-720
SECTION 49-19-720. Records of board of supervisors.
Status: in_force

The board of supervisors of any district organized under this chapter shall cause to be kept a well-bound book entitled "Record of Board of Supervisors of __________ District" in which shall be recorded minutes of all meetings, proceedings, certificates, bonds given by all employees and any and all corporate acts. Such record shall at all times be open to the inspection of anyone interested, whether taxpayer or bondholder.
S.C. Code Ann. § 49-19-1030 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1030
SECTION 49-19-1030. Form of notice of filing of report.
Status: in_force

It shall not be necessary for the clerk to name the parties interested but it shall be sufficient to say: Notice of Filing Commissioners' Report For __________ Drainage District. Notice is hereby given to all persons interested in the following described real estate in __________ County (or counties), in the State of South Carolina, viz.: (here give boundaries of district) included within "__________ Drainage District" that the commissioners heretofore appointed to assess benefits and damages to the property and lands situate in said drainage district and to appraise the cash value of the land necessary to be taken for rights of way, holding basins and other works of said district within or without the limits of said district filed their report in this office on the ___ day of __________, 19___, and you and each of you are hereby notified that you may examine said report and file exception to all or any part thereof on or before the first Monday in __________, 19___. First publication __________, 19___ clerk of the court of common pleas, __________ County.
S.C. Code Ann. § 49-11-110 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-110
SECTION 49-11-110. Short title.
Status: in_force

This article shall be cited as the "Dams and Reservoirs Safety Act."
S.C. Code Ann. § 49-19-710 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-710
SECTION 49-19-710. Deputy secretary or treasurer.
Status: in_force

The secretary and the district treasurer, or either of them, may appoint, by and with the advice and consent of the board of supervisors, one or more deputies as may be necessary.
S.C. Code Ann. § 49-19-2580 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2580
SECTION 49-19-2580. Notice of hearing on consolidation; objections; decree.
Status: in_force

When the petition has been filed the clerk of the court shall give notice of such filing in the manner provided for giving notice in SECTION 49-19-250, the notice to state substantially the contents of the petition and the objects sought and the term of court at which the matter is to be heard. Any person owning land in either of the districts may, on or before the first day of such term of court, file objections to the regularity or sufficiency of any of the proceedings had in the premises and if such objections are overruled or if no objections are made the court shall make an order that any two or more of the several districts so asking to be united shall be united and consolidated as one district, under some appropriate designation, with all the rights, powers and privileges of such districts organized under this chapter. All orders made in regard to extension of time, boundaries or uniting districts shall be spread on the records of the court of common pleas and a certified copy thereof shall be filed with the clerk of the court of common pleas of each county in which any of such lands is located and also with the Secretary of State and such clerk shall receive a fee of one dollar for filing and preserving such certificates.
S.C. Code Ann. § 49-19-1950 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1950
SECTION 49-19-1950. Payments by treasurer; form of warrants.
Status: in_force

The treasurer of the district shall pay out funds of the district only on warrants issued by the district, such warrants to be signed by the president of the board of supervisors and attested by the signature of the secretary. All warrants shall be in the following form: $__________ Fund __________ No. of warrant __________ Treasurer of __________ Drainage District, State of South Carolina. Pay to __________ dollars out of the money in __________ fund of __________ drainage district. For __________. By order of board of supervisors of __________ Drainage District, South Carolina.
S.C. Code Ann. § 49-27-10 — SC Code / Title 49 / Chapter 27 / Section 49-27-10
SECTION 49-27-10. Definitions.
Status: in_force

For purposes of this chapter: (1) "Board" means the board of commissioners of Mecklenburg and Gaston Counties, North Carolina, and the county council of York County, South Carolina. (2) "Commission" means the Lake Wylie Marine Commission or its governing board as the case may be. (3) "Commissioner" means a member of the governing board of the Lake Wylie Marine Commission. (4) "Three counties" means Mecklenburg and Gaston Counties, North Carolina, and York County, South Carolina. (5) "Joint ordinance" means an ordinance substantially identical in content adopted separately by the board in each of the three counties. (6) "Lake Wylie" means the impounded body of water along the Catawba River in the three counties extending from the base of Mountain Island Dam downstream to the Catawba Dam. (7) "Shoreline area" means, except as restricted by a joint ordinance, the area within the three counties lying within one thousand feet of the mean high-water line (five hundred seventy feet) on Lake Wylie. In addition, the shoreline area includes all islands within Lake Wylie and all peninsulas extending into the waters of Lake Wylie. (8) "Wildlife Commission" means the North Carolina Wildlife Resources Commission and the South Carolina Department of Natural Resources.
S.C. Code Ann. § 49-29-110 — SC Code / Title 49 / Chapter 29 / Section 49-29-110
SECTION 49-29-110. Scenic Rivers Trust Fund.
Status: in_force

There is created the Scenic Rivers 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 acquiring fee simple or lesser interest in land adjacent to scenic rivers and river segments, legal fees, appraisals, surveys, or other costs involved in the acquisition of those interests. The fund also may be utilized for educational or planning projects associated with the administration and management of the State Scenic Rivers Program. Unexpended balances, including interest derived from the fund, must be carried forward each year and used for the purposes provided in this chapter. No fund money may be expended to acquire an interest in land by eminent domain nor may the funds be expended to acquire interest in land without a recommendation from the board and the approval of the State Fiscal Accountability Authority or Department of Administration, as applicable. The board shall report by letter to the presiding officers of the General Assembly and chairmen of the House and Senate Agriculture and Natural Resources Committees each year all funds expended pursuant to this chapter for the previous year, including the amount of funds expended and the uses to which the expenditures were applied. The fund is eligible to receive appropriations of state general funds, federal funds, donations, gifts, bond issue receipts, securities, and other monetary instruments of value. A reimbursement for monies expended from this fund must be deposited in this fund. A fund received through sale, exchange, or otherwise of land acquired under this chapter accrues to the fund. 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. § 49-17-1820 — SC Code / Title 49 / Chapter 17 / Article 15 / Section 49-17-1820
SECTION 49-17-1820. Repairs.
Status: in_force

The board of drainage commissioners shall keep the levee, ditch, drain or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of such improvement in the same manner and in the same proportion as the original assessments were made and the fund that is collected shall be used for repairing and maintaining the ditch, drain or watercourse in perfect order; provided, however, that: (1) Such parts of public drains as are within the corporate limits of any city or town shall be kept in repair by such city or town; and (2) any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed or by the act or negligence of his agent or employee or if they are caused by the cattle, hogs or other stock of such owner, employee or agent then the cost thereof shall be assessed and levied against the lands of such owner alone, to be collected by proper suit instituted by the drainage commissioners.
S.C. Code Ann. § 49-28-30 — SC Code / Title 49 / Chapter 28 / Section 49-28-30
SECTION 49-28-30. Governing board; appointment of members; terms; filling vacancies.
Status: in_force

Upon its creation, the commission's governing board must consist of two members from each county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each county's governing body must designate one of its appointees to serve a two-year term after which the successor shall serve for a term of four years. Regardless of the date of appointment, terms end on July first of the applicable year. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
S.C. Code Ann. § 49-19-2650 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2650
SECTION 49-19-2650. Consent of board of supervisors required for connection with system; procedure if consent refused.
Status: in_force

No canals, ditches, drains or systems of drainage constructed in the district shall be connected with the works constructed under the Plan of Reclamation unless the consent of the board of supervisors shall be first had and obtained. Such consent shall be in writing and shall particularly describe the method, terms and conditions of such connection and shall be approved by the chief engineer. Such connection, if made, shall be in strict accord with the method, terms and conditions laid down in the consent. If the landowner or owners wishing to make such connection are refused by the board of supervisors or decline to accept the consent granted the landowner or owners may file a petition for such connection in the court of common pleas having jurisdiction in the district and the matter in dispute shall in a summary manner be decided by the court, which decision shall be final and binding on the district and landowner or owners. No connection with the works or improvements of the district or with any canal, ditch, drain or artificial drainage wholly within the district shall be made, caused or effected by any landowner or owners, company or corporation, municipal or private, by means of or with any ditch, drain, cut, fill, roadbed, levee, embankment or artificial drainage wholly without the limits of the district, unless such connection is consented to by the board of supervisors or is made pursuant to the provisions of the preceding sentence.
S.C. Code Ann. § 49-19-270 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-270
SECTION 49-19-270. Evidence of publication of notice.
Status: in_force

The certificate of the clerk or the affidavit of another, with a copy of such notice affixed, showing that the notice has been published as required by this chapter, shall be sufficient evidence of such fact.
S.C. Code Ann. § 49-19-2320 — SC Code / Title 49 / Chapter 19 / Article 17 / Section 49-19-2320
SECTION 49-19-2320. Petition for readjustment of assessments.
Status: in_force

Whenever the owners of twenty-five per cent or more of the acreage of the lands in a district shall file a petition with the clerk of the court that organized the district stating that there has been a material change in the value of the property in the district since the last previous assessment of benefits and 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 the clerk shall give notice of the filing and hearing of the petition in the manner and for the time provided for in SECTION 49-19-250.
S.C. Code Ann. § 49-23-80 — SC Code / Title 49 / Chapter 23 / Section 49-23-80
SECTION 49-23-80. Emergency action by Governor.
Status: in_force

If the Drought Response Committee determines that the severity of the conditions in a drought management area have progressed to the extent that the safety, health, of the citizens of the area are threatened, the committee shall expeditiously report the conditions to the Governor. The committee shall also present the Governor with a priority list of recommended actions designed to alleviate the effects of drought conditions in affected drought management areas. Pursuant to the authority in Section 21 of Part II of Act 199 of 1979, the Governor may declare a drought emergency. In addition to exercising existing authority pursuant to Section 21 of Part II of Act 199 of 1979, the Governor may issue emergency proclamations and emergency regulations to require curtailment of water withdrawals or to allocate water on an equitable basis. Notwithstanding any provisions of Section 21 of Part II of Act 199 of 1979, emergency action ordered by the Governor in response to a drought emergency may continue so long as conditions giving rise to the declaration of the emergency continue to threaten safety, health.
S.C. Code Ann. § 49-17-1620 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1620
SECTION 49-17-1620. Disbursement of funds on warrant of board of drainage commissioners.
Status: in_force

All bills, claims or other demands against a drainage district shall be paid by the county treasurer upon the warrant of the board of drainage commissioners, signed by not less than two of the members thereof and countersigned by the clerk of the board.
S.C. Code Ann. § 49-17-1390 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1390
SECTION 49-17-1390. Payment of interest on bonds.
Status: in_force

The interest upon the bonds shall be paid to the holders thereof by the county treasurer, on warrant of the governing body of the county which shall audit and approve the claims of the bondholders.
S.C. Code Ann. § 49-25-20 — SC Code / Title 49 / Chapter 25 / Section 49-25-20
SECTION 49-25-20. Appointment of state climatologist.
Status: in_force

The director shall appoint the state climatologist who shall serve as director of the office.
S.C. Code Ann. § 49-17-1030 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1030
SECTION 49-17-1030. Contract and bond of successful bidder.
Status: in_force

The successful bidder shall be required to enter into a contract with the board of drainage commissioners and to execute a bond for the faithful performance of such contract, with sufficient sureties, in favor of the board of drainage commissioners for the use and benefit of the levee or drainage district in an amount equal to twenty-five per cent of the estimated cost of the work awarded to him and any person furnishing labor or material to such contractor or subcontractor or furnishing board or lodging to the employees of such contractor or subcontractor in the construction of such work and failing to receive compensation therefor shall have a right of action on such bond for the amount found due him.
S.C. Code Ann. § 49-19-590 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-590
SECTION 49-19-590. Annual report of supervisors.
Status: in_force

The board of supervisors shall report to the landowners at the annual meeting held under the provisions of SECTION 49-19-550 what work has been done, either by engineers or otherwise.
S.C. Code Ann. § 49-19-1890 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1890
SECTION 49-19-1890. Sale of lands to district.
Status: in_force

When the lands are offered for sale by the sheriff, as provided by this chapter, and the sum of the tax due, together with interest, costs and penalty, is not bid, the sheriff making such sales shall bid the whole amount due thereon as aforesaid in the name of the district and shall sell the lands to the district and execute his deed therefor, conveying to such district such lands so sold to it. Such lands may be held and disposed of by the board of supervisors as the interest of the district may demand.
S.C. Code Ann. § 49-17-640 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-640
SECTION 49-17-640. Action on final report.
Status: in_force

At the date set for hearing any landowner may appear in person or by counsel and file his objection in writing to the report of the viewers. The clerk of the court shall carefully review the report of the viewers and the objections filed thereto and make such changes as are necessary to render substantial and equal justice to all the landowners in the district. If, in the opinion of the clerk, the cost of construction together with the amount of damages assessed is not greater than the benefits that will accrue to the land affected the clerk shall confirm the report of the viewers. If, however, the clerk finds that the cost of construction together with the damages assessed is greater than the resulting benefits that will accrue to the lands affected, the clerk shall dismiss the proceedings at the cost of the petitioners and the sureties upon the bond so filed by them shall be liable as aforesaid.
S.C. Code Ann. § 49-11-250 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-250
SECTION 49-11-250. Liability for actions or failure to act.
Status: in_force

Nothing in this article and no action or failure to act under this article: (1) imposes liability on the State, the department, districts, or an agency or its officers or employees for the recovery of damages caused by the action or failure to act; or (2) relieves the owner or operator of a dam or reservoir of the duties, obligations, responsibilities, or liabilities arising from or incident to the ownership or operation of a dam or reservoir.
S.C. Code Ann. § 49-4-35 — SC Code / Title 49 / Chapter 4 / Section 49-4-35
SECTION 49-4-35. Registration of surface water use; amount of withdrawals; time to start withdrawals; modification or suspension of authority to withdraw water.
Status: in_force

(A) Registered surface water withdrawers must register their surface water use with the department on forms provided by the department and are subject only to the reporting requirements of Section 49-4-50. Registered surface water withdrawers are authorized to withdraw surface water up to their registered amount. (B) An existing registered surface water withdrawer already reporting its withdrawals to the department as of January 1, 2011, may maintain its withdrawals at its highest reported level or at the design capacity of the intake structure which will be permanent as of January 1, 2011, and is deemed to be registered with the department. (C) Prior to constructing or installing a water intake, a proposed registered surface water withdrawer must report its anticipated withdrawal quantity to the department for determination as to whether that quantity is within the safe yield for that water source at the time of the request. Upon making a determination, the department must send a detailed description of its determination to the proposed registered surface water withdrawer by registered mail. A proposed registered surface water withdrawer may not begin his proposed withdrawals until he notifies the department of his anticipated withdrawals and the department provides written notification to the proposed registered surface water withdrawer that authorizes him to proceed, if the anticipated withdrawals are within the safe yield at the time of the request. If the department provides a proposed registered surface water withdrawer with written notification that the anticipated withdrawals are not within the safe yield, then the proposed registered surface water withdrawer may not proceed with the construction or installation of a water intake. Proposed registered surface water withdrawers are authorized to make withdrawals up to the department approved anticipated withdrawal amounts during the first year of registration and are authorized to make withdrawals in the amounts permitted by subsection (A) during subsequent years. (D) Registered surface water withdrawers that begin surface water withdrawal operations after the effective date of this section shall submit a registration form to the department within thirty days after completing construction of its surface water intake. An existing registered surface water withdrawer that would like to substantially increase the amount of surface water for which he is registered to withdraw must submit the anticipated amount of the increase for consideration by the department in the manner provided for in subsection (C). (E) The department may modify the amount an existing registered surface water withdrawer may withdraw, or suspend or revoke a registered surface water withdrawer's authority to withdraw water, if the registered surface water withdrawer withdraws substantially more surface water than he is registered for or anticipates withdrawing, as the case may be, and the withdrawals result in detrimental effects to the environment or human health. (F) Nothing in this chapter prohibits a registered surface water user from applying for and obtaining a surface water withdrawal 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." Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 49-4-120 — SC Code / Title 49 / Chapter 4 / Section 49-4-120
SECTION 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit.
Status: in_force

(A) The department may modify, suspend, or revoke a permit under the following conditions: (1) the permit holder withdraws water not authorized by his permit or fails to comply with the terms and conditions of his permit; (2) the permit holder obtains a permit by misrepresentation or fails to disclose a material fact in his application; (3) the permit holder ceases to withdraw water for a period of at least thirty-six consecutive months; or (4) a permanent change in natural conditions results in a permitted activity endangering human health or the environment. (B) Surface water permits are transferable with the prior written consent of the department. (C)(1) A permittee may apply for a renewal of his permit no sooner than six months before his permit expires. A permit shall remain valid during the department's consideration of a renewal application if the permittee files a renewal application prior to the expiration date of his permit. Renewal applications take priority over permit applications for new withdrawals. The renewed permit must be issued in accordance with the criterion applicable to the issuance of the initial permit and for a quantity at least equal to the expired permit unless the department demonstrates that the quantity above maximum withdrawals during the permit term are not necessary to meet the permittee's future needs. (2) An application to modify an existing permit for a significant increase in the quantity of the withdrawal must be evaluated using the criteria provided in Section 49-4-80. However, any significant increase in surface water withdrawals authorized pursuant to Section 49-4-40 or Section 49-4-45 shall be subject only to the requirements set forth in that section. 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. § 49-19-2130 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2130
SECTION 49-19-2130. Payment of bonds.
Status: in_force

A sufficient amount of drainage tax shall be appropriated by the board of supervisors for the purpose of paying the principal and interest of such bonds and shall, when collected, be preserved in a separate fund for that purpose and no other. All bonds and coupons not paid at maturity shall bear interest at the rate of six per cent per annum from maturity until paid or until sufficient funds have been deposited at the place of payment and such interest shall be appropriated by the board of supervisors out of the penalties and interest collected on delinquent taxes or any other available funds of the district. Any expense incurred in paying the bonds and interest thereon and a reasonable compensation to the bank or trust company for paying them shall be paid out of other funds in the hands of the district treasurer and collected for the purpose of meeting the expenses of administration.
S.C. Code Ann. § 49-11-150 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-150
SECTION 49-11-150. Owner responsible for safe maintenance of dam or reservoir; notice of change of ownership; emergency action plan requirement.
Status: in_force

The owner of a dam or reservoir constructed in this State solely is responsible for maintaining the dam or reservoir in a safe condition throughout the life of the structure. The owner of a dam or reservoir shall inform the department in writing within thirty days after title to the dam or reservoir legally has been transferred from his ownership. The notice must include the name and address of the new owner. The owner of a dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as a high or significant hazard under existing regulations, shall provide the department a current emergency action plan in the format the department by regulation requires.
S.C. Code Ann. § 49-19-300 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-300
SECTION 49-19-300. Decision of court on hearing.
Status: in_force

Upon the hearing of the objections, if any have been filed, if the court shall be of the opinion that the establishment of the drainage district and the improvements to be made thereunder will be for the advantage of the owners of the real property therein or that it would be in the interest of the public health, convenience or welfare, he shall overrule the objections and, in case all such objections are overruled or in case no such objections have been filed, the court thereupon shall by its order duly entered of record declare and decree the proposed drainage district a public corporation of this State for a term not exceeding the time mentioned in the petition. If the court finds that the lands set out in the petition should not be incorporated into a drainage district it shall dismiss the proceedings and adjudge the costs against the petitioners in proportion to the acreage represented by each.
S.C. Code Ann. § 49-19-1260 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1260
SECTION 49-19-1260. Treating preliminary expense when no preliminary assessment is made.
Status: in_force

If no assessment for such preliminary expense is made such preliminary expense shall be included in the total cost of the works and improvements of the district.
S.C. Code Ann. § 49-19-670 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-670
SECTION 49-19-670. Attorney for district.
Status: in_force

The board of supervisors within thirty days after organizing shall employ an attorney to act for the district and to advise the board. Such employment shall be evidenced by an agreement in writing which, as far as possible, shall specify the amount to be paid to the attorney for all services and expenses. Such attorneys shall conduct all legal proceedings and suits in court when the district is a party or interested and shall in all legal matters advise the board of supervisors and all officers, employees or agents of the district and board and generally look after and attend to all matters of a legal nature for the board and district. When the board may deem it necessary they may, by and with the advice of their attorney and under the like terms and conditions as above set forth employ another attorney or attorneys.
S.C. Code Ann. § 49-19-660 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-660
SECTION 49-19-660. Bond of district treasurer.
Status: in_force

The district treasurer shall give bond in such amount as shall be fixed by the board of supervisors, conditioned that he will well and truly account for and pay out, as provided by law, all moneys received by him as taxes from the county treasurer or treasurers and the proceeds from tax sales for delinquent taxes and from any other source whatever for the account of the district. Such bond shall be signed by at least two sureties or by some surety or bonding company approved and accepted by the board of supervisors and such bond shall be in addition to the bond for the proceeds of sales of bonds required in SECTION 49-19-2150. The bond shall be placed and remain in the custody of the president of the board of supervisors and shall be kept separate from all papers in the custody of the secretary or district treasurer.
S.C. Code Ann. § 49-17-510 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-510
SECTION 49-17-510. Requirement of complete survey, plans, and specifications; report.
Status: in_force

After the district is established the clerk of court shall refer the report of the engineer and viewers back to them to make a complete survey and complete plans and specifications for the drains or levees or other improvements and shall fix a time when the engineer and viewers shall complete and file such report.
S.C. Code Ann. § 49-29-100 — SC Code / Title 49 / Chapter 29 / Section 49-29-100
SECTION 49-29-100. Acquisition of lands adjacent to scenic rivers; donations; requirements; tax treatment of donations; reports; liability of title holders.
Status: in_force

After ratification by the General Assembly of the designation of a river or river segment as a scenic river under the State Scenic Rivers Program, the State, through the Department of Administration, and with the consent of the legislative delegation for the county in which the land is located, may purchase with donated or appropriated funds, exchange lands for, or otherwise accept donations of certain lands adjacent to the eligible river or section of a river either in fee simple or perpetual easement from an owner. Unless unusual circumstances warrant, purchases of land adjacent to scenic and recreational rivers may not be less than one hundred feet in width from the ordinary high-water mark or mean high-water line of the river in normal conditions. Purchases of land for natural rivers may not be less than three hundred feet in width from the ordinary high-water mark or mean high-water line of the river. For landowners donating perpetual easements to the State under the Scenic Rivers Program, a deduction from state income tax may be taken equal to the fair market value of the easement granted. The value of a perpetual easement is determined as the difference between the fair market value of the total property before the land is burdened with the easement and the fair market value of the property after the easement is granted. After the grant of a perpetual easement, land subject to a permanent easement is exempt from all property taxes. Donors of land in fee simple may elect to take a deduction from state income tax equal to the value of the fee donated. For both donations in fee simple or easement, the donor may elect to take the deduction during a five-year period following the donation. The total deduction may be taken during any one year of the five-year period or the deduction may be taken in proportionate amounts during the five-year period. The value of the fee or easement must be assessed at the time of the donation. Land placed in the Scenic Rivers Program which is owned by the State may be restricted in conformance with this chapter by executed easement or deed restriction executed by the donating agency and approved by the Budget and Control Board. The Department of Administration shall submit annually a report of the property included in the Scenic Rivers Program to the Department of Revenue and the auditor of each county in which the property is situated. The limitations of the liability of titleholders, as provided under Section 29-3-50, apply to all land purchased or donated in easement under the Scenic Rivers Program. Code Commissioner's Note At the direction of the Code Commissioner, references in the first and fourth paragraphs of this section to the former State Budget and Control Board were changed to the Department of Administration, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), effective July 1, 2015. Reference in the third paragraph of this section to the former Budget and Control Board has not been changed pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, SECTION 5(D)(1), until further action by the General Assembly.
S.C. Code Ann. § 49-17-1350 — SC Code / Title 49 / Chapter 17 / Article 11 / Section 49-17-1350
SECTION 49-17-1350. Issuance of bonds.
Status: in_force

After the expiration of the thirty days after the publication the board of drainage commissioners may issue bonds for the full amount of the assessment not paid into the county treasury, together with the interest thereon, cost of collection and other incidental expenses.
S.C. Code Ann. § 49-17-1810 — SC Code / Title 49 / Chapter 17 / Article 15 / Section 49-17-1810
SECTION 49-17-1810. Control and supervision after completion; rights of cities and towns.
Status: in_force

Whenever any improvement constructed under this chapter is completed it shall be under the control and supervision of the board of drainage commissioners. But any city or town may convert into a sewer any part of any drain within such corporate limits and to that end may change the location of any such part of such drain on condition only that such change of location or conversion of such drain into a sewer shall not injuriously affect the general purposes of such drainage and that no lands outside of such corporate limits shall be charged thereby with any additional burden.
S.C. Code Ann. § 49-19-2530 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2530
SECTION 49-19-2530. Hearing and decree for correction of errors or extension of boundaries; costs.
Status: in_force

Any owner of land or other property located in the district or any owner of land or property located outside of the district that will be affected by the proposed changes, amendments and corrections enumerated in the petition shall have the right to file objections to the granting of the prayer of the petition on or before the date fixed in the notice. The court shall hear the petition and all objections that may have been filed against the petition in a summary manner on a day to be named by the court or judge thereof upon application of any party interested and enter its decree according to its findings. If the petition be dismissed the district shall pay the costs but if the petition be sustained in whole or in part the objectors shall pay the court costs incurred by reason of such objections.
S.C. Code Ann. § 49-7-140 — SC Code / Title 49 / Chapter 7 / Section 49-7-140
SECTION 49-7-140. Disposition of revenues.
Status: in_force

All net revenues derived from the Project, whose disposition the Authority shall not have covenanted to otherwise dispose of, or which it shall not need for repairs, improvements, additions or extensions, shall be disposed of as follows: (1) Fifty per cent shall be paid to the treasurer of Berkeley County and applied by him to corporate purposes of Berkeley County; and (2) Fifty per cent shall be paid to the treasurer of the city of Charleston and applied by him to corporate purposes of the city of Charleston.
S.C. Code Ann. § 49-17-650 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-650
SECTION 49-17-650. Appeal.
Status: in_force

Any party aggrieved may, within ten days after the confirmation of the viewers' report, appeal to the court of common pleas in term time. Such appeal shall be taken and prosecuted as provided for appeals from a magistrate's court to the court of common pleas.
S.C. Code Ann. § 49-23-50 — SC Code / Title 49 / Chapter 23 / Section 49-23-50
SECTION 49-23-50. Functions of department.
Status: in_force

Consistent with the South Carolina Water Resources Planning and Coordination Act, as provided in Chapter 3 of Title 49, the department, without limiting its general authority, shall: (a) routinely monitor and record data necessary for the determination of drought conditions; (b) make investigations it considers proper to determine whether action by the department in discharging its duties is necessary; (c) determine levels of drought after consultation with the Drought Response Committee based upon data collected; (d) establish drought management areas within the State in order to: (1) enable drought mitigation to be accomplished within defined geographical areas; (2) prevent overly broad response to drought. Statewide action usually should not be taken in instances in which action in a particular area experiencing drought is more appropriate. Establishment of drought management areas by the department in no way limits the department's or the Drought Response Committee's authority to act in an area smaller than a drought management area, such as a county or watershed. (e) establish drought alert phases based upon drought levels and at each drought alert phase: (1) notify public water suppliers, special purpose districts, and municipal and county governments in the affected drought management area, persons designated on notification lists, and other appropriate agencies and individuals; (2) The department shall publish notice of each drought alert phase at least once in a newspaper of general circulation in the areas affected and provide notice to the media in each drought management area at each drought alert phase; (3) take any other action appropriate to announce a drought alert; (f) coordinate and implement responses to announced drought alert phases after required notification; (g) execute the regulations promulgated by the department reasonably necessary to collect and distribute information, convene committees, promote water conservation, govern practice and procedure before the department, and fulfill its duties and the purposes of this chapter.
S.C. Code Ann. § 49-19-640 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-640
SECTION 49-19-640. Annual report of chief engineer.
Status: in_force

The chief engineer shall make a report in writing to the board of supervisors once every twelve months and oftener if the board shall so require.
S.C. Code Ann. § 49-19-1670 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1670
SECTION 49-19-1670. Bond required of county treasurer.
Status: in_force

Before receiving the Drainage Tax Book the county treasurer of each county in which lands of the drainage district are located shall execute to the board of supervisors of the district a bond, with at least two good and sufficient sureties or some surety or bonding company approved by the board, in a sum that is double the probable amount of any annual installment of the tax to be collected by him during any one year, conditioned that the county treasurer shall pay over and account for all taxes so collected by him according to law. Such bond after approval by the board of supervisors shall be deposited with the secretary of the board of supervisors, who shall be custodian thereof and who shall produce it for inspection and use as evidence whenever and wherever lawfully requested so to do.
S.C. Code Ann. § 49-4-70 — SC Code / Title 49 / Chapter 4 / Section 49-4-70
SECTION 49-4-70. Applications for surface water withdrawal; time for application; initial permits; interbasin transfer permits.
Status: in_force

(A) After the effective date of regulations promulgated by the department pursuant to this chapter, a new surface water withdrawer must obtain a surface water withdrawal permit from the department before making surface water withdrawal. A permitted surface water withdrawer that would like to increase its permitted withdrawal amount must apply to the department for the increased amount. (B)(1) An existing surface water withdrawer must apply for a permit pursuant to this chapter within one hundred eighty days of the effective date of regulations promulgated by the department pursuant to this chapter. An existing surface water withdrawer that applies for a permit must be issued an initial permit but the initial permit and subsequent renewals are not subject to the permitting criteria in Section 49-4-80 and are not subject to Section 49-4-150. The initial permit must authorize the existing surface water withdrawer to withdraw surface water in an amount equal to its documented historical water use, current permitted treatment capacity, design capacity of the intake structure as of the effective date of this chapter, design capacity of a pending intake structure permit application, an amount necessary to recover indebtedness from an outstanding bond or revenue certificate issued through the sale of surface water, or for a publicly owned water utility, the safe yield of the utility's existing or permitted water supply only reservoir, whichever is greatest. An existing surface water withdrawer that applies for an initial permit may continue to withdraw surface water at its documented levels from the effective date of this act until its initial permit is issued pursuant to this section, unless the applicant requests a lesser quantity. (2) For an existing surface water withdrawer, the operational and contingency plan required under Section 49-4-160 will only address appropriate industry standards for water conservation. (3) An existing surface water withdrawer may request that its initial permit allow the surface water withdrawer to withdraw a reasonable amount in excess of the amount provided for in item (1). The department must use the criteria established in Section 49-4-80 to make its determination concerning approval of the quantity requested in excess of the quantity provided for in item (1). However, any increase requested by a surface water withdrawer issued a permit pursuant to Section 49-4-40 or Section 49-4-45 shall be subject only to the requirements contained in the applicable section. (C) The expiration date of an interbasin transfer permit or an interbasin registration, including any water withdrawal right or authority contained in the permit or registration, in existence on the effective date of this chapter remains effective. For the purposes of this chapter, existing interbasin transfer permit or interbasin registration holders are deemed to be existing surface water withdrawers. A renewal of an interbasin transfer permit or registration must be made pursuant to the criteria established in this chapter for existing surface water withdrawers, except that permits or registrations renewed within three years after the effective date of this chapter must be renewed for a quantity at least equal to the permitted quantity in the expired permit. All other renewals must be issued in accordance with the criterion applicable to existing surface water withdrawers and for a quantity equal to the permitted quantity in the expired permit, unless the department demonstrates by a preponderance of the evidence that the quantity above maximum withdrawals during the permit term are not necessary to meet the permittee's future need. 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." Former Section 49-4-70 was titled Notification of change. See, now Section 49-4-130.
S.C. Code Ann. § 49-17-320 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-320
SECTION 49-17-320. Establishment of district.
Status: in_force

The above facts having been determined to the satisfaction of the clerk of the court and the boundaries of the proposed district so determined he shall declare the establishment of the drainage or levee district, which shall be designated by a name or number, for the object and purpose as in this chapter set forth.
S.C. Code Ann. § 49-19-1410 — SC Code / Title 49 / Chapter 19 / Article 11 / Section 49-19-1410
SECTION 49-19-1410. Board of supervisors may carry out the Plan of Reclamation.
Status: in_force

The board of supervisors of the district may build, construct, excavate and complete any and all works and improvements which may be needed to carry out, maintain and protect the Plan of Reclamation. To accomplish that end the board of supervisors may employ men and teams and purchase machinery, employ men to operate the same and directly have charge of and construct the works and improvements in such manner as, or by the use of other or more efficient means than, is provided for in the plans adopted. It may, in their discretion, let the contract for such works and improvements either as a whole or in sections and when such contract or contracts are let they shall be advertised and let to the lowest and best bidder who shall give a good and approved bond with ample security, conditioned that he will well and promptly carry out the contract for such work and improvements.
S.C. Code Ann. § 49-7-30 — SC Code / Title 49 / Chapter 7 / Section 49-7-30
SECTION 49-7-30. Members of Authority; per diem and mileage.
Status: in_force

The members of the Authority shall receive such per diem and mileage as is provided by law for members of boards, commissions and committees.
S.C. Code Ann. § 49-4-40 — SC Code / Title 49 / Chapter 4 / Section 49-4-40
SECTION 49-4-40. Applications and permits for surface water withdrawals.
Status: in_force

(A) Upon proper application, the department shall issue a permit for surface water withdrawals to nonconsumptive users. The application only must require that information necessary for the department to determine that the proposed withdrawals will result in no or minimal changes in water quantity. (B) Permits issued pursuant to this section must identify the surface water withdrawer, the point of withdrawal, the maximum withdrawal amounts, and the point of return. A permit for a nonconsumptive use is subject only to the reporting requirements of Section 49-4-50. 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." Former Section 49-4-40 was titled Registration. See, now Section 49-4-35. Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 49-19-310 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-310
SECTION 49-19-310. Right of individual petitioner to dismissal; amendment of petition.
Status: in_force

No person who signed the petition shall have the right to have such proceedings dismissed as to him without the written consent of the majority in acreage of the owners who signed the petition. The petition may be amended as any other pleading.
S.C. Code Ann. § 49-19-1840 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1840
SECTION 49-19-1840. Trial of suit to enforce lien; continuances.
Status: in_force

All suits instituted under the preceding sections shall stand for trial as other equitable actions unless a continuance be granted for good cause shown within the discretion of the court. And such continuance, for good cause shown, may be granted as to a part of the lands or defendants without affecting the duty of the court to dispose finally of the others as to whom no continuance may be granted. All such suits may be disposed of on oral testimony.
S.C. Code Ann. § 49-19-1020 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1020
SECTION 49-19-1020. Notice of filing of report of appraisal commissioners.
Status: in_force

Upon the filing of the report of the commissioners the clerk of the court of common pleas shall give notice thereof by causing publication to be made once a week for two consecutive weeks in some newspaper published in each county in which there are lands covered by the report, the last publication to be made at least ten days before the day to be named in such notice on which exceptions may be filed.
S.C. Code Ann. § 49-19-1240 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1240
SECTION 49-19-1240. Issuance of notes for services.
Status: in_force

The board of supervisors may issue to any person performing work or services or furnishing anything of value in the organization of the district negotiable evidences of debt, bearing interest at not exceeding six per cent.
S.C. Code Ann. § 49-27-70 — SC Code / Title 49 / Chapter 27 / Section 49-27-70
SECTION 49-27-70. Filing and distribution of ordinances or joint resolutions; effective date; admissibility as evidence.
Status: in_force

(A) A copy of the joint ordinance creating the commission and of any joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the Executive Director of the North Carolina Wildlife Resources Commission and the Director of the South Carolina Department of Natural Resources. When the directors receive ordinances that are in substance identical from all three counties concerned, they, in accordance with procedures agreed upon, shall, within ten days, certify this fact and distribute a certified single ordinance text to the following: (1) the Secretary of State of North Carolina and the Secretary of State of South Carolina; (2) the clerk to the governing board of each of the three counties; (3) the clerk of superior court of Mecklenburg and Gaston Counties and the clerk of court of York County. Upon request, the directors also shall send a certified single copy of any and all applicable joint ordinances to the chairman of the commission; (4) a newspaper of general circulation in the three counties. (B) Unless a joint ordinance specifies a later date, it shall take effect when the directors' certified text has been submitted to the Secretaries of State for filing. Certifications of the directors under the seal of the commission as to the text or amended text of any joint ordinance and of the date or dates of submission to the Secretaries of State is admissible in evidence in any court. Certifications by any clerk of superior court or county clerk of court of the text of any certified ordinance filed with him by the directors is admissible in evidence and the directors' submission of the ordinance for filing to the clerk shall constitute prima facie evidence that the ordinance was on the date of submission also submitted for filing with the Secretary of State. Except for the certificate of a clerk as to receipt and date of submission, no evidence may be admitted in court concerning the submission of the certified text of any ordinance by the directors to any person other than the Secretary of State.
S.C. Code Ann. § 49-19-90 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-90
SECTION 49-19-90. Obstruction of or injury to drainage works.
Status: in_force

Whoever shall wilfully obstruct any canal, drain, ditch or watercourse or shall damage or destroy any drainage works constructed under the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in a sum not exceeding five hundred dollars or be confined in the county jail for a period not exceeding six months and in addition thereto shall be liable to the district or the person or persons injured for double the cost of removing such obstruction or repairing such damage and for the full amount of injury occasioned to any lands, crops or other property by reason of such misconduct.
S.C. Code Ann. § 49-19-2550 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2550
SECTION 49-19-2550. Appointment and report of commissioners on correction of errors or extension of boundaries.
Status: in_force

If the decree of the court provides that the Plan of Reclamation may be amended, changed or corrected or the boundary lines of the district extended the court shall appoint three commissioners, possessing the same qualifications as the commissioners appointed under the provisions of SECTION 49-19-930, to appraise the property to be taken, assess the benefits and damages and estimate the cost of improvements as required of commissioners acting under the provisions of SECTION 49-19-960. The commissioners shall make their report in writing and file it with the clerk after which it shall be proceeded with in the same manner as is provided for in this chapter for the organization of drainage districts.
S.C. Code Ann. § 49-33-50 — SC Code / Title 49 / Chapter 33 / Section 49-33-50
SECTION 49-33-50. Convening the authority.
Status: in_force

The authority shall convene upon the call of the chairman and organize by electing a vice chairman, a secretary, and a treasurer, whose terms of office shall be for such period as the authority shall determine in its bylaws.
S.C. Code Ann. § 49-11-20 — SC Code / Title 49 / Chapter 11 / Article 1 / Section 49-11-20
SECTION 49-11-20. Persons may not keep water on other's lands.
Status: in_force

Nothing contained herein shall be construed to authorize any person to keep water at any time on any lands other than his own.
S.C. Code Ann. § 49-29-130 — SC Code / Title 49 / Chapter 29 / Section 49-29-130
SECTION 49-29-130. Title of donated land reverts back to donor.
Status: in_force

Whenever land or a portion of it donated pursuant to this chapter ceases to be used for the purpose for which it was donated, the title to the land reverts to the donor.
S.C. Code Ann. § 49-19-290 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-290
SECTION 49-19-290. Hearing of objections.
Status: in_force

Any owner of lands in the proposed district who may not have signed the petition may appear on or before the appearance day stated in the notice and advocate or resist the organization and incorporation of such drainage district. If he shall desire to resist the establishment of the district he shall file his objection in writing, stating therein his reasons why the drainage district should not be formed or why his lands should not be included therein or he may deny the statements in the petition. Such objections, if any there be, shall be heard by the court either in open court or at chambers within or without the county or counties in which the lands lie in a summary manner without unnecessary delay on a day to be named by the court or judge thereof upon application of the petitioners or any of those signing the petition. The hearing may be adjourned from time to time for good cause shown.
S.C. Code Ann. § 49-28-80 — SC Code / Title 49 / Chapter 28 / Section 49-28-80
SECTION 49-28-80. Recommendations concerning use of Lake Wateree and shoreline area; adoption of joint ordinances; notice, filing, and certified copies of ordinances.
Status: in_force

(A) The commission may make recommendations to the counties applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These recommendations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A recommendation may be adopted and enacted by the three counties pursuant to joint ordinance. (B) The joint ordinance must specify the penalty for violation of an enactment. (C) An enactment pursuant to this section takes effect upon passage or upon the dates stipulated in the joint ordinance, except that an enactment may not be enforced unless adequate notice of it has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to an enactment affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the enactment in the immediate vicinity of the location in question. If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in high traffic areas at least three different, conspicuous places throughout the area, and notice printed in a newspaper of general circulation in the three counties. (D) A copy of each ordinance pursuant to this section must be filed by the commission with the following persons: (1) the Secretary of State of South Carolina; (2) the clerk of court of each of the three counties; (3) the director of the department. (E) An official designated in subsection (D) may issue a certified copy of an ordinance filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
S.C. Code Ann. § 49-19-2340 — SC Code / Title 49 / Chapter 19 / Article 17 / Section 49-19-2340
SECTION 49-19-2340. Effecting readjustment.
Status: in_force

Upon the hearing of the petition if the court shall find that there has been a material change in the values of the lands in the district since the last previous assessment of benefits the court shall order that there be made a readjustment of the assessment of benefits for the purpose of providing a basis upon which to levy the Maintenance Tax of the district. Thereupon the court shall appoint three commissioners, possessing the qualifications of commissioners appointed under SECTION 49-19-930, to make such readjustment of assessments in the manner provided in SECTIONS 49-19-960 to 49-19-1000. The commissioners shall make their report and the same proceedings shall be had thereon, as nearly as may be, as are herein provided for the assessment of benefits accruing from the original construction. In making the readjustment of the assessment of benefits the commissioners shall not be limited to the aggregate amount of the original or any previous assessment of benefit and after the making of such readjustment the limitation of ten per cent for the annual Maintenance Tax which may be levied shall apply to the amount of benefits as readjusted.
S.C. Code Ann. § 49-19-80 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-80
SECTION 49-19-80. Appeal shall not act as supersedeas.
Status: in_force

No appeal from any action of the circuit court had under this chapter shall be permitted to act as a supersedeas or to delay any action or the prosecution of any work begun under the provisions of this chapter.
S.C. Code Ann. § 49-19-2570 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2570
SECTION 49-19-2570. Election as prerequisite to consolidation; petition.
Status: in_force

In order to effect such a consolidation the board of supervisors of each of the original districts shall call an election in the same manner as elections for supervisors, stating the time, place and object of such election. If a majority of the acreage voting in each district vote in favor of the proposition to unite and consolidate such districts the board of supervisors of each district shall present a petition to the court of common pleas of the county in which the greatest amount of the lands is located, accompanied with a complete return of the election, in which petition shall be stated the names of the original districts, when incorporated, the names of the owners of the lands and the boundaries of the districts.
S.C. Code Ann. § 49-29-10 — SC Code / Title 49 / Chapter 29 / Section 49-29-10
SECTION 49-29-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Scenic Rivers Act of 1989".
S.C. Code Ann. § 49-25-40 — SC Code / Title 49 / Chapter 25 / Section 49-25-40
SECTION 49-25-40. Certification of copies as authentic reproductions of weather records; presentation of annual report.
Status: in_force

The state climatologist may certify copies as being authentic reproductions of weather records held in the State and shall present a report each year to the board of the Department of Natural Resources concerning the activities of the climatic program and other information which the board may consider necessary.
S.C. Code Ann. § 49-4-20 — SC Code / Title 49 / Chapter 4 / Section 49-4-20
SECTION 49-4-20. Definitions.
Status: in_force

As used in this chapter: (1) "Affected area" means that portion of a county or counties within a river basin that, under the circumstances, are determined by the department to likely be affected by a proposed surface water withdrawal. (2) "Agriculture facility" means any land, building, structure, pond, impoundment, appurtenance, machinery, or equipment which is used for the commercial production or processing of crops, trees, livestock, animals, poultry, honeybees, honeybee products, livestock products, poultry products, or products which are used in commercial aquaculture. (3) "Agricultural use" means: (a) plowing, tilling, or preparing the soil at an agricultural facility; (b) planting, growing, fertilizing, or harvesting crops, ornamental horticulture, floriculture, and turf grasses; (c) application of pesticides, herbicides, or other chemicals, compounds, or substances to crops, weeds, or soil in connection with the production of crops, livestock, animals, or poultry; (d) breeding, hatching, raising, producing, feeding, keeping, slaughtering, or processing livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry, or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits, or similar farm animals for commercial purposes; (e) producing and keeping honeybees, producing honeybee products, and honeybee processing facilities; (f) producing, processing, or packaging eggs or egg products; (g) manufacturing feed for poultry or livestock; (h) rotation of crops; (i) commercial aquaculture; (j) application of existing, changed, or new technology, practices, processes, or procedures to an agricultural use; (k) the operation of a roadside market; and (l) silviculture. (4) "Consumptive use" means any use of water which is not a nonconsumptive use. (5) "Department" means the Department of Health and Environmental Control. (6) "Diffuse surface water" means water on the surface of the earth not located in defined courses, streams, or water bodies. (7) "Drought contingency pond" means a pond or lake designated solely as a supplemental water source in a surface water withdrawer's operational and contingency plan. (8) "Emergency withdrawal" means the withdrawal of water, for a period not exceeding thirty days, for the purpose of firefighting, hazardous substance waste spill response, or both, or other emergency withdrawal of water as determined by the department. (9) "Existing surface water withdrawer" means a surface water withdrawer withdrawing surface water as of the effective date of this chapter or a proposed surface water withdrawer with its intakes under construction before the effective date of this chapter or with all necessary applications for its intake permits deemed administratively complete before January first of the year of the effective date of this act. (10) "Farm pond" means a pond completely situated on private property that is only used for providing water for agricultural uses. (11) "Impoundment" means a dam, dike, natural structure, or any combination thereof that is designed to hold an accumulation of surface water or impede the flow of surface water. (12) "Interbasin transfer" means the withdrawal of surface water from a river basin and the movement of that water to a river basin different from the source of the withdrawal. (13) "Minimal changes in water quantity" means that greater than ninety percent of the water withdrawn by a surface water withdrawer, based upon the previous twenty-four months of historical data, is returned to the waters of origin; provided, that either the amount of water not returned to the water source does not: (a) exceed three million gallons during any one month; or (b) significantly reduce the safe yield at the withdrawal point. (14) "Minimum instream flow" means the flow that provides an adequate supply of water at the surface water withdrawal point to maintain the biological, chemical, and physical integrity of the stream taking into account the needs of downstream users, recreation, and navigation and that flow is set at forty percent of the mean annual daily flow for the months of January, February, March, and April; thirty percent of the mean annual daily flow for the months of May, June, and December; and twenty percent of the mean annual daily flow for the months of July through November for surface water withdrawers as described in Section 49-4-150(A)(1). For surface water withdrawal points located on a surface water segment downstream of and influenced by a licensed or otherwise flow controlled impoundment, "minimum instream flow" means the flow that provides an adequate supply of water at the surface water withdrawal point to maintain the biological, chemical, and physical integrity of the stream taking into account the needs of downstream users, recreation, and navigation and that flow is set in Section 49-4-150(A)(3). (15) "Minimum water level" means the water level in an impoundment necessary to maintain the biological, chemical, and physical integrity of the surface water in the impoundment taking into account downstream uses, withdrawals from the impoundment, and recreational and navigational needs as established by an existing federal regulatory process or established through consultation between the department and the operator of the impoundment. (16) "Nonconsumptive use" means a use of surface water withdrawn in such a manner that it is returned to its waters of origin within the boundaries of contiguous property owned by the surface water withdrawer with no or minimal changes in water quantity. (17) "Permit" or "surface water withdrawal permit" means a written authorization issued to a person by the department that allows the person to hold and exercise a water right to withdraw surface water pursuant to the terms of the permit and this chapter. (18) "Permitted surface water withdrawer" means a person withdrawing surface water pursuant to a surface water withdrawal permit. (19) "Permittee" means a person authorized to make withdrawals of surface water pursuant to a surface water withdrawal permit issued by the department. (20) "Person" means an individual, firm, partnership, trust, estate, association, public or private institution, municipality, or political subdivision, governmental agency, public water system, or a private or public corporation or other legal entity organized under the laws of this State or any other state or county. (21) "Proposed registered surface water withdrawer" means a proposed surface water withdrawer whose planned operations would result in his withdrawals being subject to the reporting but not the permitting requirements of this chapter. (22) "Public water system" means a water system as defined in Section 44-55-20 of the State Safe Drinking Water Act. (23) "Registered surface water withdrawer" means a person who makes surface water withdrawals for agricultural uses at an agricultural facility that is filing a report pursuant to Section 49-4-50. (24) "River basin" means the area drained by a river and its tributaries or through a specified point on a river, as determined in Section 49-4-80(K)(2). (25) "Safe yield" means the amount of water available for withdrawal from a particular surface water source in excess of the minimum instream flow or minimum water level for that surface water source. Safe yield is determined by comparing the natural and artificial replenishment of the surface water to the existing or planned consumptive and nonconsumptive uses. (26) "Supplemental water source" means a source of water different from the source of permitted withdrawal that will be used when an adequate amount of water is unavailable for withdrawal from the permitted source, including, but not limited to, ground water wells, aquifer storage and recovery projects, water storage facilities, drought contingency ponds, and connections to other water providers. (27) "Surface water" means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. (28) "Surface water withdrawer" means a person withdrawing surface water in excess of three million gallons during any one month from a single intake or multiple intakes under common ownership within a one mile radius from any one existing or proposed intake. (29) "Withdrawal" means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. 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. § 49-30-30 — SC Code / Title 49 / Chapter 30 / Section 49-30-30
SECTION 49-30-30. Definitions.
Status: in_force

As used in this chapter, the term: (1) "Department" means the South Carolina Department of Natural Resources. (2) "FERC licensee" means an entity that possesses a Federal Energy Regulatory Commission's (FERC) license to operate a licensed lake. (3) "Fund" means the Public Waters Nuisance Abatement Fund. (4) "Licensed lake" means a public water of the State consisting of an impoundment and its associated hydropower facility that is licensed by the Federal Energy Regulatory Commission (FERC). (5) "Navigation" means the ability of a registered or documented self-propelled watercraft equipped with motor and rudder controls located at a point on the watercraft from which there is forward visibility over at least a one hundred eighty degree range to navigate to a department approved marine pump-out station. This definition is in addition to and not exclusive of any other departmental standards for navigation. (6) "Removal" means to completely extricate the entire structure from the public waters of this State. (7) "Structure" means a structure located upon any public waters of this State, whether the structure is floating upon the waters and is made fast by the use of lines, cables, anchors, or pilings, or a combination of these, or is built upon pilings embedded in the beds of the public waters of the State when the structure is being used, has been used, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used primarily as a means of transportation upon these public waters; and is not owned, occupied, or possessed pursuant to a permit issued by the department. This definition includes, but is not limited to, watercraft not being used in navigation; provided, however, that this definition does not include registered or documented watercraft that are capable of navigation and are legally anchored or legally moored to a dock or marina. Also specifically excluded from this definition are fishing camps, bait shops, restaurants, or other commercial establishments, marinas, or docks permitted under applicable South Carolina or federal law, which do not discharge sewage into the public waters of the State and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. (8) "Unpermitted structure" means a structure whose owner did not obtain a permit pursuant to this chapter or a structure remaining after the expiration or revocation of its permit. (9) "Waters of the State" has the same meaning as in Section 50-21-10. Code Commissioner's Note At the direction of the Code Commissioner, the reference to Section 50-21-10(28) in item (9) was changed to Section 50-21-10.
S.C. Code Ann. § 49-19-1810 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1810
SECTION 49-19-1810. Inclusion of all delinquent lands in suit to enforce lien.
Status: in_force

All or any part of such delinquent lands situate in one county may be included in one suit, instituted for the county for the collection of such delinquent taxes.
S.C. Code Ann. § 49-29-120 — SC Code / Title 49 / Chapter 29 / Section 49-29-120
SECTION 49-29-120. Acquisition of land by eminent domain prohibited.
Status: in_force

The lands to be placed in the Scenic Rivers Program may be obtained only from private or corporate owners voluntarily in the manner specified in Section 49-29-100. Neither the State nor an agency or department of it may obtain by eminent domain land for the Scenic Rivers Program either in fee simple or in perpetual easement.
S.C. Code Ann. § 49-1-50 — SC Code / Title 49 / Chapter 1 / Section 49-1-50
SECTION 49-1-50. Sale or purchase of drifted lumber or timber; penalties.
Status: in_force

(A) No person may sell any drifted lumber or timber, not the property of the person, without first advertising the sale of it at public auction at least three times and at least three days before the date of the sale in the newspaper having the greatest circulation in the county in which the drifted lumber or timber is found and taken, giving an accurate description of any and all marks by which the lumber or timber may be identified. (B) It is unlawful for a person to: (1) sell any drifted lumber or timber without having first advertised the sale; (2) fail to pay the proceeds of the sale to the owner on application, after deducting the expenses; or (3) advertise a sale and then refuse to deliver any drifted lumber or timber claimed by the rightful owner, before the date of the sale after the owner has offered to pay reasonable salvage expenses. (C) A person who violates the provisions of this section is guilty of a: (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the value of the lumber or timber is ten thousand dollars or more; (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the value of the lumber or timber is more than two thousand dollars but less than ten thousand dollars; (3) misdemeanor triable in magistrates court or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, if the value of the lumber or timber is two thousand dollars or less. Upon conviction, the person must be fined not more than one thousand dollars, or imprisoned not more than thirty days, or both. (D) A person who purchases drifted lumber or timber that has not been advertised as provided may be indicted as a receiver of stolen goods and must be fined or imprisoned as provided in Section 16-13-180. 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 in subsection (C), in item (1) substituted "ten thousand" for "five thousand", in item (2) substituted "two thousand" for "one thousand" and "ten thousand" for "five thousand", and rewrote item (3).
S.C. Code Ann. § 49-19-730 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-730
SECTION 49-19-730. Compensation of district officers and employees and county and court officers.
Status: in_force

The board of supervisors, except when otherwise provided, shall by resolution at the time of hiring or appointing provide for the compensation for work done and necessary expense incurred by any officer, engineer, attorney or other employee and shall also pay the fees, per diem and necessary expenses of all court and county officers who may by virtue of this chapter render service to the district. The ordinary fee statute shall not apply to services rendered under this chapter by any county officer but each such officer shall receive only a reasonable compensation for services actually rendered, which shall be fixed by the court in which the proceeding is pending, except when otherwise provided in this chapter. The drainage district or petitioners for such corporations may prepare, write or print all copies of petitions, writs, orders and decrees or other papers and furnish them to the clerk or other officer for his use and in such event the officer shall be entitled to receive as compensation for issuing such writs and copies of petitions, decrees, orders or other papers only the reasonable value of the services actually rendered.
S.C. Code Ann. § 49-17-590 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-590
SECTION 49-17-590. Delay; extension of time.
Status: in_force

In case the work is delayed by high water, sickness or any other good cause and the report is not completed at the time fixed by the clerk of the court the engineer and viewers shall appear before the clerk of the court and state in writing the cause of such failure and ask for sufficient time in which to complete the work and the clerk shall set another date by which the report shall be completed and filed.
S.C. Code Ann. § 49-17-1610 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1610
SECTION 49-17-1610. Funds to be deposited with county treasurer.
Status: in_force

All sums of money arising from the sale of bonds, collection of assessments or otherwise for drainage districts or purposes shall be paid over to the county treasurer of the county wherein the drainage district is situate, to be distributed by him as provided in SECTION 49-17-1620.
S.C. Code Ann. § 49-19-250 — SC Code / Title 49 / Chapter 19 / Article 3 / Section 49-19-250
SECTION 49-19-250. Notice of filing of petition.
Status: in_force

Immediately after such petition shall have been filed, the clerk in whose office it has been filed shall give notice by causing publication to be made once a week for four consecutive weeks in some newspaper published in each county in which the lands referred to in the petition are situate, the last publication to be not less than twenty days before the appearance day fixed in the notice.
S.C. Code Ann. § 49-29-140 — SC Code / Title 49 / Chapter 29 / Section 49-29-140
SECTION 49-29-140. Applicable policies for managing scenic rivers.
Status: in_force

Management of scenic river areas may differ in degree within a given class of rivers based on the special attributes of the river but must adhere to the following management policies: (1) Natural rivers must be managed in a manner which: (a) would best maintain and enhance those conditions which are attributed to wilderness type areas; (b) would allow camping and river access only at designated public access areas; and (c) would allow certain public uses only within prescribed public access areas. (2) Scenic rivers must be managed in a manner which best maintains and enhances the scenic values of the river and the adjacent land while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, or other similar purposes. (3) Recreational rivers must be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, residential, recreational, commercial, and industrial purposes. To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, public access and use must be open in all classes of scenic rivers. The level and nature of public use must not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land, but the State may purchase lands or accept donations of easements, in accordance with Section 49-29-100, which restricts public access and use when necessary to implement this chapter.
S.C. Code Ann. § 49-1-30 — SC Code / Title 49 / Chapter 1 / Section 49-1-30
SECTION 49-1-30. Duty of landowners to clean out their streams.
Status: in_force

All landowners shall clean out all streams upon and adjacent to their lands at least twice in each year, at such particular times as the respective governing bodies of the several counties of the State may appoint and according to the directions of such governing bodies, and shall keep them clear of all obstruction to a free and uninterrupted flow of sand and water through the channels thereof. This section shall not be construed to prevent the erection and maintenance of any dam across any of such streams for any useful purpose but such governing bodies may require the owner of any such dam to build and maintain therein suitable and sufficient floodgates and waterways to afford free passage through them of the sand and water, so that the streams above may be properly cleaned out and the lands adjacent thereto properly drained and for such purpose they may require the owner of any such dam to open the floodgates or waterways therein and keep them open for such reasonable time as they may deem to be necessary. Any person violating any of the provisions of this section shall be guilty of maintaining a nuisance and, upon conviction, shall be fined not more than fifty dollars or imprisoned not more than thirty days if ten days' notice to abate such nuisance shall have been given. Editor's Note Early litigation pertaining to this section and similar sections in prior codes developed around the question of constitutionality. In several early cases the effect of the Constitution of 1895 on the subject was considered. In one case it was decided that the legislation was special, but that, as the constitutional restriction was not retroactive, it did not apply. State v Tucker, 54 SC 251, 32 SE 361 (1899). This decision controlled until the sections were incorporated in the Code of 1902, whereupon it was held that this in effect constituted the passage of a new act, and, as the Code excepted certain other counties, it was within the constitutional provision (formerly held not applicable because retroactive), was special legislation, and was null and void. State v Hammond, 66 SC 300, 44 SE 933 (1903). Finally, in Pierce v Marion County Lumber Co., 108 SC 387, 94 SE 865 (1918), it was held constitutional, because under the act and amendment, which was added thereto on February 18, 1905 (24 Stats 830), the General Assembly could pass local and special laws concerning drainage, and this was a matter of drainage. This act was reenacted in Code of 1912, after the creation of Dillon County, and Dillon County was not excepted. State v Tucker, 54 SC 251, 32 SE 361 (1899). State v Hammond, 66 SC 300, 44 SE 933 (1903). Pierce v Marion County Lumber Co., 108 SC 387, 94 SE 865 (1918). 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. § 49-19-2170 — SC Code / Title 49 / Chapter 19 / Article 15 / Section 49-19-2170
SECTION 49-19-2170. Alternative use of bank or depository as temporary treasurer.
Status: in_force

If it should be deemed more expedient to the board of supervisors as to money derived from the sale of bonds issued the board may by resolution select some suitable bank or banks or other depository as temporary treasurer or treasurers to hold and disburse the moneys on the orders of the board as the work progresses until such fund is exhausted or transferred to the district treasurer by order of the board of supervisors.
S.C. Code Ann. § 49-1-60 — SC Code / Title 49 / Chapter 1 / Section 49-1-60
SECTION 49-1-60. Tolls allowed owner of shores or wharves.
Status: in_force

The owner of the shores or any wharf erected on the shores or in or over the waters of any navigable stream may charge reasonable tolls for the use thereof. 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. § 49-19-100 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-100
SECTION 49-19-100. Drainage districts may be used for insuring watershed conservation.
Status: in_force

Drainage districts created by authority of this chapter may be used as the agencies within this State for insuring watershed conservation within the districts. In addition to the general powers of the board of supervisors of the drainage district, as set out in SECTION 49-19-1440, boards of supervisors of drainage districts shall, under the same provisions of law, authorize the development and execution of plans and programs relating to any phase of conservation of water, water usage, flood prevention, flood control, erosion prevention and control of erosion, floodwater and sediment damages, and also make provision for constructing such works and improvements as they believe necessary to insure the conservation and storage of water within the districts.
S.C. Code Ann. § 49-5-40 — SC Code / Title 49 / Chapter 5 / Section 49-5-40
SECTION 49-5-40. Department to establish groundwater management program; withdrawers to register sources and report use.
Status: in_force

In order to carry out the policy as stated in Section 49-5-20, the General Assembly finds that the department must establish and implement an effective statewide groundwater management program. To implement this program, all groundwater withdrawers shall register their groundwater sources with, and report their groundwater use to, the department.
S.C. Code Ann. § 49-17-1090 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1090
SECTION 49-17-1090. Bill of expenses of railroad company.
Status: in_force

Within thirty days after the work is completed an itemized bill for the actual expenses incurred by the railroad company for opening its tracks shall be made and presented to the superintendent of construction of the drainage improvement. Such bill, however, shall not include the cost of putting in a new bridge or strengthening or enlarging an old one. The superintendent of construction shall audit this bill and, if found correct, approve it and file it with the secretary of the board of drainage commissioners. The commissioners shall deduct from this bill the cost of the excavation or other work done by the drainage commission on the right of way of the railroad company at the contract price and pay the difference, if any, to the railroad company.
S.C. Code Ann. § 49-19-960 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-960
SECTION 49-19-960. Duties of appraisal commissioners.
Status: in_force

Immediately after qualifying, as provided in SECTION 49-19-950, the commissioners shall begin their duties. They may at any time call upon the attorney of the district for legal advice and information relative to their duties and the chief engineer or one of his assistants shall accompany the commissioners when engaged in the discharge of their duties and shall render his opinion in writing when called for. The commissioners shall proceed to view the premises and determine the value of all lands, within or without the district, to be acquired and used for rights of way, holding basins or other works set out in the Plan of Reclamation. They shall assess the amount of benefits and the amount of damages also, if any, that will accrue to each tract or lot of land according to ownership, public highways, railroads and other rights of way from carrying out and putting into effect the Plan of Reclamation theretofore adopted.
S.C. Code Ann. § 49-19-1870 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1870
SECTION 49-19-1870. Provision in judgment for state and county taxes.
Status: in_force

In all judgments, decrees and orders of sale of such delinquent lands the court may make proper and equitable provision for ascertaining the amount and for the payment of all unpaid State and county taxes with the penalties and costs thereon against the lands ordered sold, to be paid either out of the proceeds of sale thereof or by the purchaser.
S.C. Code Ann. § 49-4-180 — SC Code / Title 49 / Chapter 4 / Section 49-4-180
SECTION 49-4-180. Violation of chapter; penalties.
Status: in_force

(A) A surface water withdrawer who commits a violation of this chapter: (1) is subject to a civil penalty of not more than ten thousand dollars for each day that the violation occurred; or (2) is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars for each day that the violation occurred, if the violation is wilful. (B) All penalties and fines assessed and collected pursuant to this chapter must be deposited in 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." Effect of Amendment The 2010 amendment rewrote the section.
S.C. Code Ann. § 49-23-60 — SC Code / Title 49 / Chapter 23 / Section 49-23-60
SECTION 49-23-60. Coordination of drought response; establishment of local drought response committees.
Status: in_force

(A) The department shall coordinate appropriate drought response upon consultation with the Drought Response Committee composed of two parts: (1) a statewide committee composed of the following state agencies: South Carolina Emergency Management Division of the Office of the Adjutant General, South Carolina Department of Health and Environmental Control, Department of Agriculture, South Carolina Forestry Commission, and South Carolina Department of Natural Resources; (2) a local committee within each drought management area. The local committees shall consist of the following members to be appointed by the Governor to represent the following interests: counties, municipalities, public service districts, private water suppliers, agriculture, industry, domestic users, regional councils of government, commissions of public works, power generation facilities, special purpose districts and Soil and Water Conservation Districts; however, there may not be more than two members on a local committee from each county within the drought management area. The Governor may appoint additional members as necessary to ensure broadbased input on the committee and may make interim appointments when the General Assembly is not in session. The statewide committee shall coordinate planning and response only upon consultation with the appropriate local committee in the impacted drought management area during moderate, severe, and extreme drought declarations. The Governor shall appoint the chair of the Drought Response Committee. The department shall provide administrative support. (B) The Drought Response Committee shall convene as necessary upon call by the chair. In carrying out its responsibilities, the Drought Response Committee shall consult with and invite participation by notifying representatives of municipalities, counties, public and private water suppliers, public service districts, power generation facilities, industries, special purpose districts, private citizens, and commissions of public works in affected drought management areas and by providing notice to the media in each drought management area of the date, time, and location of the Drought Response Committee meetings and subsequent notice of actions taken by the committee. (C) The department may consult and cooperate with federal agencies and agencies of the states of Georgia and North Carolina in carrying out its responsibilities under this chapter. Effect of Amendment The 2008 amendment, in paragraph (A)(2), in the second sentence deleted "with the advice and consent of the Senate" following "Governor".
S.C. Code Ann. § 49-11-10 — SC Code / Title 49 / Chapter 11 / Article 1 / Section 49-11-10
SECTION 49-11-10. Prohibition on dams or banks erected or water let off to injury of others.
Status: reserved

No person shall be permitted or allowed to make or keep up any dam or bank to stop the course of any waters so as to overflow the lands of another person without the consent of such person first had and obtained nor shall any person be permitted or allowed to let off any reserved water to injure the crops upon the grounds of other persons.
S.C. Code Ann. § 49-19-1230 — SC Code / Title 49 / Chapter 19 / Article 9 / Section 49-19-1230
SECTION 49-19-1230. Disposition of surplus.
Status: in_force

In case the sum received for such assessment exceeds the total cost of items for which it has been levied the surplus shall be placed in the general fund of the district and used to pay costs of construction. But if the incorporation of the district be dissolved, as provided elsewhere in this chapter, the amount of surplus, if there be any, shall be prorated and refunded to the landowners paying such assessments.
S.C. Code Ann. § 49-19-1720 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1720
SECTION 49-19-1720. Delinquent list; collection of delinquent taxes.
Status: in_force

The secretary shall each year, within ten days after the return of the county treasurer is delivered to him, prepare and certify to the county treasurer a Drainage Tax Book containing the list of lands so returned by the county treasurer as delinquent, deliver the book to him and take his receipt therefor and the county treasurer shall proceed to collect such delinquent drainage taxes and demand payment therefor in the manner as herein provided for the collection of current drainage taxes.
S.C. Code Ann. § 49-19-1850 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1850
SECTION 49-19-1850. Certain irregularities constitute no defense in suit to enforce lien.
Status: in_force

No informality or irregularity in holding any of the meetings provided herein, the valuation or assessment of the lands, the names of the owners or the number of acres shall be a valid defense in any such suit.
S.C. Code Ann. § 49-17-860 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-860
SECTION 49-17-860. Compensation of commissioners.
Status: in_force

The drainage commissioners shall receive as compensation for their work a per diem for the days that they work.
S.C. Code Ann. § 49-33-70 — SC Code / Title 49 / Chapter 33 / Section 49-33-70
SECTION 49-33-70. Powers of authority.
Status: in_force

The authority has the following powers to: (1) have perpetual succession; (2) sue and be sued; (3) adopt, use, and alter a corporate seal; (4) define a quorum for its meetings; (5) maintain a principal office, which shall be located in Bennettsville; (6) make bylaws for the management and regulation of its affairs; (7) acquire, hold, and manage real estate; (8) make contracts of all sorts and to execute all instruments necessary or convenient for the carrying on of the business of the authority; and (9) do all other acts and things necessary or convenient to carry out any function or power committed or granted to the authority.
S.C. Code Ann. § 49-11-210 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-210
SECTION 49-11-210. Separate application required for each alteration; information to accompany application.
Status: in_force

A separate application for each dam or reservoir and all enlargements, removals, or repairs to existing dams or reservoirs must be filed with the department upon forms to be provided by it, except only one application need be filed for a dam and the reservoir which will contain the water impounded by the dam. The application must be accompanied by maps and plans and specifications of a character and size and setting forth pertinent details and dimensions required by regulation. The application for construction of a new dam or reservoir whose failure likely would cause loss of life or substantial property damage, a dam or reservoir classified as high or significant hazard under existing regulations, must include a fully-developed emergency action plan in a format the department by regulation requires. After the dam or reservoir is constructed, this emergency action plan must be updated by the owner of the dam or reservoir each time it becomes noncurrent.
S.C. Code Ann. § 49-17-20 — SC Code / Title 49 / Chapter 17 / Article 1 / Section 49-17-20
SECTION 49-17-20. Chapter to be liberally construed.
Status: in_force

The provisions of this chapter shall be liberally construed to promote the leveeing, ditching, draining and reclamation of wet and overflowed lands.
S.C. Code Ann. § 49-17-870 — SC Code / Title 49 / Chapter 17 / Article 7 / Section 49-17-870
SECTION 49-17-870. Fees of county officers.
Status: in_force

Inasmuch as under the provisions of this chapter much additional work is thrown on the county officials, they may collect from the board of drainage commissioners such reasonable fees as are usual in such cases, such fees to be included in the general costs of the work.
S.C. Code Ann. § 49-23-100 — SC Code / Title 49 / Chapter 23 / Section 49-23-100
SECTION 49-23-100. Penalties.
Status: in_force

(A) A person violating a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars and not more than one thousand dollars for each violation. In addition, if a person is adjudged to have committed the violation willfully, the court may determine that each day during which the violation continued constitutes a separate offense. (B) In addition, upon violation of any of the provisions of this chapter, or the regulations of the department, the director, either before or after the institution of criminal proceedings, may institute a civil action in the circuit court in the name of the State for injunctive relief. Neither the institution of the actions nor any of the proceedings relating to them shall relieve any party to the proceedings from the penalty prescribed by this chapter for any violation of the provisions of the chapter.
S.C. Code Ann. § 49-19-950 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-950
SECTION 49-19-950. Oath and organization of appraisal commissioners.
Status: in_force

The commissioners at such meeting, or within ten days thereafter, shall each take and subscribe an oath that they will impartially discharge their duties as such commissioners and make a true report of the work done by them. The commissioners shall also at such meeting elect one of their own number as chairman. The secretary of the board of supervisors or his deputy shall be ex officio secretary of the board of commissioners during their continuance in office.
S.C. Code Ann. § 49-29-70 — SC Code / Title 49 / Chapter 29 / Section 49-29-70
SECTION 49-29-70. Minimum criteria for assessing river's eligibility for designation as scenic river.
Status: in_force

The department shall establish and publish minimum criteria for assessing a river's eligibility and classification under the State Scenic Rivers Program. To qualify as eligible, the river or river segment must possess unique or outstanding scenic, recreational, geological, botanical, fish, wildlife, historic or cultural values. The level of pollution of a river's waters must be considered in determining eligibility for qualification as a scenic river. A river with relatively polluted waters may qualify as eligible as a scenic river if other values are considered outstanding. The river or river segment must be managed permanently for the preservation or enhancement of its values.
S.C. Code Ann. § 49-30-10 — SC Code / Title 49 / Chapter 30 / Section 49-30-10
SECTION 49-30-10. Citation of act.
Status: in_force

This chapter may be referred to and cited as the "Public Waters Nuisance Abatement Act".
S.C. Code Ann. § 49-17-620 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-620
SECTION 49-17-620. Notice of final hearing to and participation by railroad.
Status: in_force

The clerk of the court of common pleas shall likewise have notice served upon any railroad company the right of way of which is crossed by the proposed public levee, drainage ditch or changed natural watercourse of the time and place of the meeting to hear and determine the final report of the engineer and viewers and the railroad company shall have the right to file objections to the report and to appeal from the findings of the board of commissioners in the same manner as any landowner. But such an appeal shall not delay or defeat the construction of the improvement.
S.C. Code Ann. § 49-19-110 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-110
SECTION 49-19-110. Drainage districts may enter into agreements with other agencies.
Status: in_force

Drainage districts providing for the storage, conservation, utilization and disposal of water by authority of SECTION 49-19-100 may cooperate and enter into agreements with, and receive financial and other assistance from State agencies and political subdivisions of the State, including soil and water conservation districts as authorized by Chapter 9 of Title 48, and other organizations created under State laws, and the government of the United States and agencies thereof to carry out the purposes of SECTION 49-19-100, and may enter into agreements with and accept contributions from private landowners for the purposes of SECTION 49-19-100. Any action taken by the drainage districts regarding the storage, conservation, utilization and disposal of water within the districts shall be subject to the approval of the local soil and water conservation district.
S.C. Code Ann. § 49-4-90 — SC Code / Title 49 / Chapter 4 / Section 49-4-90
SECTION 49-4-90. Hearings for new surface water withdrawal permit applications for interbasin transfers; notice.
Status: in_force

(A) The department must hold a public hearing concerning new surface water withdrawal permit applications for interbasin transfers. The hearing must be held at an appropriate time and in an appropriate location near the withdrawal point of the interbasin transfer. The hearing may not be held until after at least thirty days' notice is given to the public in the manner provided in this section. The notice must: (1) include a nontechnical description of the applicant's request; (2) include a conspicuous statement in bold type describing the effects of the interbasin transfer on the river basin from which the water will be withdrawn and the river basin into which the withdrawn water will be transferred; and (3) describe the procedure that a person must follow to submit a comment concerning the proposed interbasin transfer. (B) Upon the receipt of a new surface withdrawal permit application for an interbasin transfer and the appropriate filing fee, the department must, within thirty days, provide notice as required in this section, in the following manner: (1) by publication in the South Carolina State Register; (2) by publication in a newspaper of general circulation in the affected area of the river basin downstream from the point of withdrawal; (3) by publication on the department's website; and (4) through standard United States mail to: (a) any person holding a permit issued by the department authorizing surface water withdrawals, including interbasin transfers, from the river basin from which the water for the proposed transfer would be withdrawn; (b) any person holding a National Pollutant Discharge Elimination System (NPDES) wastewater discharge permit authorizing wastewater discharge into the river basin where the proposed withdrawal point of the proposed interbasin transfer is located; (c) any city or county governing body whose jurisdiction is located entirely or partially within the river basin that is the source of the proposed transfer; (d) the governing body of a public water supply system that withdraws water from the same river basin where the proposed withdrawal point of the proposed transfer is located; and (e) any agency from another state where an interstate water basin is the source of the proposed transfer. 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. § 49-4-30 — SC Code / Title 49 / Chapter 4 / Section 49-4-30
SECTION 49-4-30. Exemptions.
Status: in_force

(A) Surface water withdrawals for the following purposes are exempt from the permitting, registering, and reporting requirements provided for in this chapter: (1) withdrawals associated with active instream dredging or sand-mining operations or other nonconsumptive instream mining operations undertaken pursuant to the South Carolina Mining Act; (2) emergency withdrawals; (3) agricultural uses from farm ponds: (a) owned or leased by the person making the withdrawal; or (b) situated on two or more separately owned parcels of private property if each property owner agrees to the withdrawal; (4) a person withdrawing surface water from any pond completely situated on private property and which is supplied only by diffuse surface water springs completely situated on the private property or groundwater withdrawals; (5) naturally occurring evaporation from impoundments; (6) a person withdrawing, using, or discharging surface water for the purpose of wildlife habitat management; and (7) a special purpose district withdrawing surface water from any pond completely situated on property owned by a special purpose district and which is supplied only by diffuse surface water or springs completely situated on the special purpose district's property. (B) Hydropower generation, including pumped storage, is exempt from the permitting requirements of this chapter but not the reporting requirements in Section 49-4-50. 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. § 49-19-690 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-690
SECTION 49-19-690. Officers and employees subject to removal.
Status: in_force

The board of supervisors may at any time remove any officer, attorney, chief engineer or other employee appointed or employed by the board.
S.C. Code Ann. § 49-29-210 — SC Code / Title 49 / Chapter 29 / Section 49-29-210
SECTION 49-29-210. Penalties for violations of chapter.
Status: in_force

A person who violates a provision of this chapter, the regulations promulgated by the management agency under it, or the conditions of the perpetual easements granted to the State under this chapter is guilty of a misdemeanor and may be compelled to comply with or obey the provisions of this chapter by injunction or other appropriate remedy and, upon conviction, must be punished by a fine of not more than five hundred dollars or imprisonment for not more than thirty days for each day of a violation. The provisions of this section do not preclude any applicable action by the Department of Revenue to remove or recover property or income tax due it under Section 49-29-100.
S.C. Code Ann. § 49-1-40 — SC Code / Title 49 / Chapter 1 / Section 49-1-40
SECTION 49-1-40. Obstructing streams generally.
Status: in_force

Any person who shall fell, cut or throw or cause to be felled, cut or thrown across or into any of such streams any tree, log or other timber or any trash, brush, debris or obstruction of any kind whatsoever shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than fifty dollars or imprisonment for not more than thirty days. 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. § 49-5-10 — SC Code / Title 49 / Chapter 5 / Section 49-5-10
SECTION 49-5-10. Short title.
Status: in_force

This chapter may be cited as the Groundwater Use and Reporting Act.
S.C. Code Ann. § 49-11-130 — SC Code / Title 49 / Chapter 11 / Article 3 / Section 49-11-130
SECTION 49-11-130. Declaration of purpose.
Status: in_force

It is the purpose of this article to provide for the certification and inspection of certain dams in South Carolina in the interest of public health, safety, and welfare in order to reduce the risk of failure of the dams, prevent injuries to persons and damage to property, and confer upon the department the regulatory authority to accomplish the purposes.
S.C. Code Ann. § 49-30-20 — SC Code / Title 49 / Chapter 30 / Section 49-30-20
SECTION 49-30-20. Legislative intent.
Status: in_force

The General Assembly finds and declares that structures located upon the public waters of the State which are used as places of temporary or permanent habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the State and the people of South Carolina to use and enjoy the public waters of the State. It is declared to be the policy of this State and the intent of this chapter to protect the public waters of the State by authorizing the removal of nuisance structures from the public waters of the State in accordance with the procedures and within the timetable set forth in this chapter.
S.C. Code Ann. § 49-19-1000 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1000
SECTION 49-19-1000. Compensation and expenses of appraisal commissioners.
Status: in_force

The board of commissioners shall report to the board of supervisors the number of days each have been employed and the actual expenses incurred. Each commissioner shall be paid a per diem for his services and necessary expenses in addition thereto.
S.C. Code Ann. § 49-5-100 — SC Code / Title 49 / Chapter 5 / Section 49-5-100
SECTION 49-5-100. Permits; temporary permits; revocation; process for public participation in permitting process to be developed; contested case hearing.
Status: in_force

(A) Before a groundwater withdrawer or proposed groundwater withdrawer in a designated capacity use area can construct a new well or increase the rated capacity of an existing well, an application for a permit to construct must be made to, and a permit to construct obtained from, the department unless exempt pursuant to Section 49-5-70. (B) Before a person may become a groundwater withdrawer in a designated capacity use area, an application for a groundwater withdrawal permit must be made to, and a groundwater withdrawal permit obtained from, the department. (C) The department may grant a temporary groundwater withdrawal permit for up to one hundred eighty days or until a final decision is made on the application if an imminent hazard to public health exists or if an applicant demonstrates that physical or financial damage has occurred, or will occur, if a temporary permit is not granted. The issuance of a temporary permit does not guarantee the issuance of a groundwater withdrawal permit. (D) The department may revoke a permit to construct or a groundwater withdrawal permit if it determines information in the permit application is false or the permittee fails to comply with the conditions of the permit. (E) The department may revoke a temporary groundwater withdrawal permit if the permittee fails to adhere to the conditions of the temporary permit or provide timely response to requests for actions for information made pursuant to the application review. (F) The department shall develop a public participation process for the permitting of new wells or for an increase in the rated capacity of a well and for groundwater withdrawal. (G) The department is authorized to develop a "General Permit" for groundwater withdrawal activities. (H) A person or entity aggrieved by the department's decision on any permit application or revocation pursuant to this section may request a contested case hearing. The contested case must proceed in accordance with Articles 3 and 5, Chapter 23 of Title 1.
S.C. Code Ann. § 49-19-1060 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1060
SECTION 49-19-1060. Decision of court if cost adjudged not excessive.
Status: in_force

If no exceptions are filed or if it is shown upon the hearing of all of the exceptions that the estimated cost of construction of improvements contemplated in the Plan of Reclamation is less than the benefits assessed against the lands in the district the court shall approve and confirm the commissioners' report. But if the court, upon hearing the objections filed, finds that any or all such objections should be sustained it shall order the report changed to conform with such findings and when so changed the court shall approve and confirm such report and enter its decree accordingly. The court shall adjudge and apportion the costs incurred by the exceptions filed and there shall be condemned any land or other property, within or without the boundary lines of the district, that is shown by the report of the commissioners to be needed for rights of way, holding basins or other works or that may be needed for material to be used in constructing the works, following, as nearly as possible, the procedure that is now provided for by law for the appropriation of land and other property taken for railroads.
S.C. Code Ann. § 49-17-1110 — SC Code / Title 49 / Chapter 17 / Article 9 / Section 49-17-1110
SECTION 49-17-1110. Joining with border state in work.
Status: in_force

Whenever it may be desirable to construct, widen, deepen, straighten or change any ditch, drain, watercourse or levee lying on, along, across or near the State line between this State and any adjoining state or whenever it may be desirable to construct, repair or improve any work of drainage as provided for in this chapter which cannot be constructed, repaired or improved in the best manner without affecting land in any such adjoining state the board of drainage commissioners in the county in which such work is located may join with the proper officers of such adjacent counties of any other state in the construction, widening, deepening, straightening, repairing or improving of any such drain, ditch, watercourse or other work of drainage.
S.C. Code Ann. § 49-5-110 — SC Code / Title 49 / Chapter 5 / Section 49-5-110
SECTION 49-5-110. Powers of department.
Status: in_force

The department may: (1) adopt and modify regulations to implement the provisions of this chapter; (2) issue, modify, revoke, or deny construction and groundwater withdrawal permits; (3) perform acts and issue orders as necessary to carry out the purposes and requirements of this chapter; (4) administer and enforce this chapter and regulations promulgated and orders issued or effective under this chapter; (5) present proper identification and then enter upon any land or water for the purpose of conducting an investigation, examination, or survey contemplated by this chapter; (6) subpoena and require the attendance of witnesses and the production of books and papers by witnesses pertinent to investigations and inquiries the department is authorized to conduct under this chapter, and examine witnesses and those public records as necessary; (7) enter into agreements, contracts, memoranda of understanding, or cooperative arrangements under terms and conditions as the department considers appropriate with any person necessary to carry out the intent of this chapter; (8) distribute to, and receive financial and technical assistance from, public or private agencies, institutions of higher education, and the federal government; (9) participate in programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations; (10) evaluate and conduct, or have conducted, investigations regarding aquifer sampling, aquifer characteristics, hydrogenologic modeling, and other engineering, scientific, and economic analysis, including the establishment of minimum aquifer levels to carry out the provisions of this chapter. In conducting such investigations, the department will consider and utilize, as appropriate, reports, research, and studies of federal, state, or local agencies and departments of government. The results of these investigations shall serve as the basis for the evaluation of applications and the determination of applicable permit conditions. The department shall negotiate agreements, accords, or compacts on behalf of and in the name of the State and with other states or the United States, or both, with an agency, department, or of either, or both, relating to withdrawal or diversion of groundwater that impacts the groundwater of this State, or are connected to those waters. In negotiating such agreements, the department will consider, as appropriate, information provided by potentially affected federal, state, or local agencies and departments of government and will advise such entities of the final department action. An interstate compact made by the department by authority of this chapter is subject to approval by joint resolution of the General Assembly. The department shall represent this State in connection with groundwater withdrawals, diversions, or transfers occurring in other states which may affect this State.
S.C. Code Ann. § 49-19-1040 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-1040
SECTION 49-19-1040. Exceptions to report; hearing.
Status: in_force

The board of drainage commissioners, the drainage district or any owner of land or other property to be affected and covered by the report may file exceptions to any part or all of the report of the commissioners on or before the date specified therefor in the notice published pursuant to SECTIONS 49-19-1020 and 49-19-1030. All exceptions shall be heard and determined by the court in a summary manner so as to carry out liberally the purposes and needs of the district.
S.C. Code Ann. § 49-19-40 — SC Code / Title 49 / Chapter 19 / Article 1 / Section 49-19-40
SECTION 49-19-40. "Land" defined.
Status: in_force

The term "land" or "lands" as used in this chapter shall be held to cover and include railroads and all property assessed for benefits.
S.C. Code Ann. § 49-29-20 — SC Code / Title 49 / Chapter 29 / Section 49-29-20
SECTION 49-29-20. Definitions.
Status: in_force

Except as otherwise required by the context: (1) "Department" means the Department of Natural Resources. (2) "Free flowing" means existing or flowing in natural condition without impoundment, (diversion) straightening, riprapping, or other modification of the waterway. The existence of low dams, diversion works, and other minor structures at the time a river is proposed for inclusion in the State Scenic Rivers Program does not automatically bar its consideration for inclusion, but this may not be construed to authorize, intend, or encourage future construction of those structures within components of the State Scenic Rivers Program. (3) "Management agency" means the Department of Natural Resources. (4) "Mean highwater line" means that line which intersects with the shore in tidal waters representing the average height of high waters over an eighteen and one-half year tidal cycle. Benchmarks purporting to have established mean high or low water values must be verified by the department as meeting state and national ocean survey standards. (5) "Ordinary highwater mark" means the natural or clear line impressed on the shore or bank in nontidal waters representing the ordinary height of water. It may be determined by bank shelving, changes in the character of the soil, destruction or absence of terrestrial vegetation, the presence of litter or debris, or a combination of the above or other appropriate criteria that consider the characteristics of the surrounding area. Ordinary highwater mark is not the line reached by floods, but it is the line to which ordinary high water usually reaches. (6) "Perpetual easement" means a perpetual right in land of less than fee simple which: (a) obligates the grantor and his heirs and assigns to certain restrictions constituted to maintain the scenic qualities of those lands bordering the river as determined by the State under this chapter; (b) is restricted to the area defined in the easement deed; (c) grants a privilege to those charged with the administration or enforcement of the provisions of this chapter to go upon the land for the purpose of compliance inspection. (7) "River" means a flowing body of water or a section, portion, or tributary of it including rivers, streams, creeks, branches, or small natural lakes. (8) "Road" means a highway or any hard-surface road.
S.C. Code Ann. § 49-9-60 — SC Code / Title 49 / Chapter 9 / Section 49-9-60
SECTION 49-9-60. Hearing; final order.
Status: in_force

Upon the return of such rule the judge before whom it is returnable may decide the issues arising thereon upon the petition and return or he may hear testimony or refer the matter to the master in equity, the clerk of court of the county or to a special referee and the matter shall thereon proceed to final determination in the same manner as is provided by law for actions so referred. The final order to be entered in the proceedings shall provide for a suitable and reasonable disposition of the bodies, taking into account all relevant circumstances, or it may provide that the bodies be allowed to remain under such conditions as the court may prescribe.
S.C. Code Ann. § 49-17-560 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-560
SECTION 49-17-560. Notice when improvement crosses railroad.
Status: in_force

Whenever the engineer and the viewers in charge shall make a survey for the purpose of locating a public levee or drainage ditch or changing a natural watercourse and the levee, ditch or watercourse would cross the right of way of any railroad company, the viewers in charge of the work shall notify the railroad company, by serving written notice upon the agent of such company or its lessee or receiver, that they will meet the company at the place where the proposed ditch, drain or watercourse crosses the right of way of such company, such notice fixing the time of such meeting, which shall not be less than ten days after the service of the notice, for the purpose of conferring with the railroad company with relation to the place where and the manner in which such improvement shall cross such right of way.
S.C. Code Ann. § 49-4-60 — SC Code / Title 49 / Chapter 4 / Section 49-4-60
SECTION 49-4-60. Use of surface water on nonriparian land.
Status: in_force

The use of surface water on nonriparian land authorized pursuant to this chapter is lawful and is entitled to equal consideration with uses on riparian land in any administrative or judicial proceeding relating to the allocation, withdrawal, or use of water or to the modification of a water right. Nothing in this chapter may be construed to authorize access to waters of the State by a person seeking to make a nonriparian use apart from access otherwise lawfully available to that person. 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." Former Section 49-4-60 was titled Powers of department. See, now Section 49-4-170.
S.C. Code Ann. § 49-7-120 — SC Code / Title 49 / Chapter 7 / Section 49-7-120
SECTION 49-7-120. Fiscal year; audits; annual reports.
Status: in_force

The Authority shall conduct its affairs on the fiscal year basis employed by the State, viz., its fiscal year shall begin on July first of each year and shall end on June thirtieth of the succeeding year. As shortly after the close of its fiscal year as may be practicable, an audit of its affairs shall be made by certified public accountants of good standing, to be designated by the Authority. Copies of such audits, incorporated into an annual report of the Authority, shall be filed with the treasurer of Berkeley County, the clerk of the city council of Charleston, in the offices of the clerks of court for Berkeley and Charleston Counties, and with the Secretary of State.
S.C. Code Ann. § 49-19-2520 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2520
SECTION 49-19-2520. Notice of hearing for correction of errors or extension of boundaries.
Status: in_force

As soon as such petition shall have been filed the clerk of the court shall give notice in the manner and for the time provided for in SECTION 49-19-250. Such notice shall be substantially in the following form: Notice of Drainage Hearing To the owners and all persons interested in the lands and corporate and other property in and adjacent to __________ drainage district: You and each of you are hereby notified that (here state by whom petition was filed) has filed in the office of the clerk of the court of common pleas of __________ County __________ a petition praying said court for permission to (here insert the prayer of the petition) and unless you show cause to the contrary on or before the ___ day of __________ the prayer of said petition may be granted. Date of publication ___ day of __________, 19___.
S.C. Code Ann. § 49-7-20 — SC Code / Title 49 / Chapter 7 / Section 49-7-20
SECTION 49-7-20. Members of Authority; appointment, qualifications, terms, vacancies.
Status: in_force

The Authority shall be composed of eight members, as follows: (1) The mayor of the city of Charleston, ex officio, shall serve as a member of the Authority, and shall hold office for a term corresponding with his term of office as mayor of the city of Charleston; (2) The mayor of the city of Charleston shall designate a member of the commissioners of public works of the city of Charleston, to hold office as a member of the Authority, and who shall serve ex officio, and shall hold office for a term corresponding to his term as a member of the commissioners of public works of the city of Charleston; (3) The supervisor of Berkeley County, ex officio, shall serve as a member of the Authority and shall hold office for a term corresponding with his term of office as supervisor of Berkeley County; (4) The chairman of the Berkeley County Waterworks Commission (created by Act No. 823 of 1952, 1952 (47) 2030), ex officio, shall serve as a member of the Authority and shall hold office for a term corresponding with his term as chairman of the Berkeley County Waterworks Commission; and (5) The remaining four members of the Authority shall be appointed by the Governor in the manner provided for below, each for a term of four years from the date of his appointment and until his successor shall have been appointed and shall have qualified. Of the four members of the Authority to be appointed by the Governor, two shall be resident electors of Charleston County, appointed upon the recommendation of the Senator from Charleston County, and the other two shall be resident electors of Berkeley County, appointed upon the recommendation of the Senator from Berkeley County. Should vacancies in office occur, the successors shall hold office for the remainder of the unexpired terms, and successors for such partial terms shall take office, or be appointed to office, in the same manner as the members whom they succeed, originally acquired the full terms. In making the ex officio designations set forth in this section, the General Assembly finds that the successful operation of the Project has a distinct relation to the welfare of the city of Charleston and to the county of Berkeley. It has, therefore, determined that officers of the city of Charleston and of the county of Berkeley should participate in the operation of the Authority.
S.C. Code Ann. § 49-19-910 — SC Code / Title 49 / Chapter 19 / Article 7 / Section 49-19-910
SECTION 49-19-910. Survey and report of engineers.
Status: in_force

The chief engineer and the other engineers shall make all necessary surveys of the land within the boundary lines of the district as described in the petition and of all lands adjacent thereto that will be improved or reclaimed in part or in whole by any system of drainage that may be outlined and adopted. And the engineers shall make a report in writing to the board of supervisors, with maps and profiles of the surveys, which shall contain a full and complete plan for draining and reclaiming the lands described in the petition or adjacent thereto from overflow or damage by water, with the length, width and depth of such canals, ditches, dykes or levees or other works that may be necessary in conjunction with any canals, drains, ditches, dykes, levees or other works theretofore constructed or built by any other person or that may be in process of construction that may be necessary or which can be advantageously used in such plan for reclamation and also an estimate of the costs of carrying out and completing the plan of reclamation, including the cost of superintending the same and all incidental expenses in connection therewith. Such maps and profiles shall also indicate so far as necessary the physical characteristics of the lands and the location of any public roads, railroads and other rights of way, roadways and other property or improvements located on such lands.
S.C. Code Ann. § 49-28-10 — SC Code / Title 49 / Chapter 28 / Section 49-28-10
SECTION 49-28-10. Definitions.
Status: in_force

For purposes of this chapter: (1) "Board" means the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina. (2) "Commission" means the Lake Wateree Marine Advisory Commission or its governing board. (3) "Commissioner" means a member of the governing board of the Lake Wateree Marine Advisory Commission. (4) "Three counties" means Fairfield, Kershaw, and Lancaster Counties, South Carolina. (5) "Joint ordinance" means an ordinance substantially identical in content adopted separately by the three counties. (6) "Lake Wateree" means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres. (7) "Department" means the South Carolina Department of Natural Resources.
S.C. Code Ann. § 49-27-40 — SC Code / Title 49 / Chapter 27 / Section 49-27-40
SECTION 49-27-40. Compensation and expenses of commissioners, consultants, and staff.
Status: in_force

The joint ordinance shall state the terms relating to compensation to commissioners, if any, compensation of consultants and staff members employed by the commission, and reimbursement of expenses incurred by commissioners, consultants, and employees. The commission is governed by these budgetary and accounting procedures as may be specified by joint ordinance.
S.C. Code Ann. § 49-19-1640 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1640
SECTION 49-19-1640. Determination and levy of annual installments.
Status: in_force

The board of supervisors shall each year thereafter determine, order and levy the amount of the annual installment of the total taxes levied under SECTION 49-19-1610, which shall become due and be collected during such year at the same time that State and county taxes are due and collected. Such annual installment and levy shall be evidenced and certified by the board not later than October 1st of each year to the county treasurer of each county in which lands and other property of the district are situated.
S.C. Code Ann. § 49-19-2540 — SC Code / Title 49 / Chapter 19 / Article 19 / Section 49-19-2540
SECTION 49-19-2540. Transmittal and filing of petition for correction of errors or extension of boundaries.
Status: in_force

The clerk of the court shall, within ten days after the granting of such decree, transmit a certified copy of the petition to the secretary of the board of supervisors and also a copy to each of the clerks of the courts of common pleas of the counties having land in the district and to the Secretary of State. Each such clerk shall file and preserve the copy in his office and for such filing and preserving he shall receive a fee of one dollar.
S.C. Code Ann. § 49-19-1730 — SC Code / Title 49 / Chapter 19 / Article 13 / Section 49-19-1730
SECTION 49-19-1730. Penalty on delinquent drainage taxes.
Status: in_force

All taxes provided for in this chapter remaining unpaid after December 31st of the year for which such taxes were levied shall become delinquent and bear the same penalty as provided by law for delinquent property taxes.
S.C. Code Ann. § 49-17-290 — SC Code / Title 49 / Chapter 17 / Article 3 / Section 49-17-290
SECTION 49-17-290. Hearing ordered if report is favorable.
Status: in_force

If the viewers report that the drainage is practicable and that it will benefit the public health or any public highway or be conducive to the general welfare of the community and the clerk of court shall so find, then the clerk shall fix a day when the report will be further heard and considered.
S.C. Code Ann. § 49-17-1650 — SC Code / Title 49 / Chapter 17 / Article 13 / Section 49-17-1650
SECTION 49-17-1650. Collection of assessments.
Status: in_force

The county treasurer shall collect the assessments shown by such duplicate in the same manner as taxes.
S.C. Code Ann. § 49-27-90 — SC Code / Title 49 / Chapter 27 / Section 49-27-90
SECTION 49-27-90. Jurisdiction of law enforcement officers; special officers.
Status: in_force

(A) Where a joint ordinance so provides, all law enforcement officers, or those officers as may be designated in the joint ordinance, with territorial jurisdiction as to any part of Lake Wylie or its shoreline area, within the limitations of their subject matter jurisdiction, have the authority of peace officers in enforcing the laws over all of Lake Wylie and its shoreline area. (B) Where a joint ordinance provides it, the commission may hire special officers to patrol and enforce the laws on Lake Wylie and its shoreline area. These special officers have and may exercise all the powers of peace officers generally within the area in question and shall take the oaths and are subject to all provisions of law relating to law enforcement officers. (C) Every criminal violation must be tried in the county where it occurred. However, a certificate of training by the South Carolina Criminal Justice Academy, or a similar certificate issued by the North Carolina Criminal Justice Education and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission, will suffice for certification in both states for the purposes of this chapter. (D) Where a law enforcement officer with jurisdiction over any part of Lake Wylie or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wylie or in its shoreline area, he has such extraterritorial jurisdiction as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wylie and its shoreline area; conducting prisoners in custody to a court or detention facilities as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the three counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question. (E) Where law enforcement officers are given additional territorial jurisdiction under the provisions of this section, this is considered an extension of the duties of the office held and no officer shall take any additional oath or title of office.
S.C. Code Ann. § 49-17-520 — SC Code / Title 49 / Chapter 17 / Article 5 / Section 49-17-520
SECTION 49-17-520. Making complete survey; accompanying documents.
Status: in_force

The engineer and viewers may employ such assistants as may be necessary to make a complete survey of the drainage district and shall enter upon the ground and make a survey of the main drain or drains and all its laterals. The line of each ditch, drain or levee shall be plainly and substantially marked on the ground. The course and distance of each ditch shall be carefully noted and sufficient notes made so that it may be accurately platted and mapped. A line of levels shall be run for the entire work and sufficient data secured from which accurate profiles and plans may be made. Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books. If it is deemed expedient by the engineer and viewers other levels may be run to determine the fall from one part of the district to another. If an old watercourse, ditch or channel is being widened, deepened or straightened it shall be accurately cross-sectioned so as to compute the amount of cubic yards saved by the use of such old channel. A drainage map of the district shall then be completed, showing the location of the ditch or ditches and other improvements and the boundary, as closely as may be determined by the records of the lands owned by each individual landowner within the district. The location of any railroads or public highways and the boundary of any incorporated town or village within the district shall be shown on the map. There shall also be prepared to accompany this map a profile of each levee, drain or watercourse showing the surface of the ground, the bottom or grade of the proposed improvement, the number of cubic yards of excavation or fill in each mile or fraction thereof, the total yards in the proposed improvement and the estimated cost thereof and plans and specifications for and the cost of any work required to be done.
S.C. Code Ann. § 49-19-620 — SC Code / Title 49 / Chapter 19 / Article 5 / Section 49-19-620
SECTION 49-19-620. Bond of chief engineer.
Status: in_force

Such chief engineer shall enter into a bond with good surety, in a sum to be named by the board, conditioned that he will faithfully and honestly perform all the duties required of him by the supervisors and deliver to his successor all instruments, papers, maps, documents and other things that may have come into his hands by virtue of his employment. The bond and the surety thereon shall be approved by the board.