reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-10. Navigable streams considered common highways; obstruction as nuisance.

All streams which have been rendered or can be rendered capable of being navigated by rafts of lumber or timber by the removal of accidental obstructions and all navigable watercourses and cuts are hereby declared navigable streams and such streams shall be common highways and forever free, as well to the inhabitants of this State as to citizens of the United States, without any tax or impost therefor, unless such tax or impost be expressly provided for by the General Assembly. If any person shall obstruct any such stream, otherwise than as in Chapters 1 to 9 of this Title provided, such person shall be guilty of a nuisance and such obstruction may be abated as other public nuisances are by law.
HISTORY: 1962 Code Section 70-1; 1952 Code Section 70-1; 1942 Code Section 5807; 1932 Code Section 5807; Civ. C. '22 Section 2901; Civ. C. '12 Section 1928; Civ. C. '02 Section 1335; G. S. 1062; R. S. 1159; G. S. 1104; 1853 (12) 305; SC Const, Art 14, Section 1.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-15. Permits for hydroelectric projects involving impoundment or diversion of waters of navigable streams.

(A) Except as otherwise provided herein, no person may erect, construct, or build any structure or works in order to dam or impound the waters of a navigable stream or any waters which are tributary to a navigable stream for the purpose of generating hydroelectricity without securing a permit from the Department of Health and Environmental Control. Any projects that are subject to Chapter 33 of Title 58 of the Utility Facility Siting and Environmental Protection Act are exempted from this section. Further exempted are projects where the project developer without exercising condemnation authority is the existing owner of the property upon which the project is to be constructed and projects which do not exceed sixty acres including in both cases inundated land.
(B) The Department of Health and Environmental Control may issue a permit for the projects in this subsection after a thorough review of the proposed project and a finding that it meets any regulations of the board and the following standards:
(1) The proposed project does not halt or prevent navigation by watercraft of the type ordinarily frequenting the reach of the watercourse in question.
(2) The projects proposed for shoaled areas of the watercourse provide a means of portage or bypass of the project structure.
(3) The need for the proposed project far outweighs the historical and current uses of the stream in question.
(4) The impact of the proposed project will not threaten or endanger plant or animal life.
(5) The recreational and aesthetic benefits or detriments caused by the proposed project do not alter the watercourse or damage riparian lands.
(C) The Attorney General shall represent before any federal agency the department, if so requested by the department, respecting the same application.
HISTORY: 1986 Act No. 489, Section 1; 1993 Act No. 181, Section 1241.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-16. Fees for permits.

The Department of Health and Environmental Control may charge a fee to an applicant for a permit for any construction, alteration, dredging, filling, or other activity in navigable waters of the State. If the project is commercial or industrial and is in support of operations that charge for the production, distribution, or sale of goods or services, a fee of five hundred dollars must be charged, except if the aerial crossing of navigable waters by conductors or other wires supported solely by structures outside the navigable waters the fee shall be one hundred dollars. If the work is noncommercial in nature and provides personal benefits that have no connection with a commercial enterprise the fee must be fifty dollars. The department shall remit the fees to the State Treasurer and shall be issued a credit for any portion of the fees necessary to offset its costs in processing, investigating and taking final action on each permit application. Any remaining portion shall be credited to the general fund of the State.
HISTORY: 1993 Act No. 181, Section 1242.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-20. Permitting logs and the like to obstruct or interfere with navigation of rivers or harbors.

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.
HISTORY: 1962 Code Section 70-2; 1952 Code Section 70-2; 1942 Code Section 1188; 1932 Code Section 1188; Cr. C. '22 Section 79; Cr. C. '12 Section 235; Cr. C. '02 Section 181; G. S. 2505; R. S. 175; 1894 (21) 715; 1897 (22) 426.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-40. Obstructing streams generally.

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.
HISTORY: 1962 Code Section 70-4; 1952 Code Section 70-4; 1942 Code Section 1216; 1932 Code Section 1216; Cr. C. '22 Section 104; Cr. C. '12 Section 238; Cr. C. '02 Section 184; 1900 (23) 399.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-50. Sale or purchase of drifted lumber or timber; penalties.

(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.
HISTORY: 1962 Code Section 70-7; 1952 Code Section 70-7; 1942 Code Section 1206; 1932 Code Section 1206; Cr. C. '22 Section 94; Cr. C. '12 Section 256; Cr. C. '02 Section 196; G. S. 1622; R. S. 183; 1853 Act No. 4154; 1907 Act No. 251; 1989 Act No. 190, Section 20; 1993 Act No. 184, Section 126; 2010 Act No. 273, Section 16.G.G, eff June 2, 2010.
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).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-60. Tolls allowed owner of shores or wharves.

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.
HISTORY: 1962 Code Section 70-163; 1952 Code Section 70-163; 1942 Code Section 6025; 1932 Code Section 6025; Civ. C. '22 Section 3090; Civ. C. '12 Section 2145; 1911 (27) 25.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-80. International Paper Company may use water from Great Pee Dee River.

The State hereby grants permission to the International Paper Company to divert from the Great Pee Dee River, for use in the course of operation of its plant located at Georgetown in Georgetown County, one hundred cubic feet of water per second each day. The point of diversion shall be at a point twelve and eight-tenths miles above the Yauhanna Bridge on Route U. S. No. 701, and the main works for the diversion shall be located on the south side of the river. Provided, that the International Paper Company shall obtain all necessary rights of way from the landowners concerned, from and including the point of diversion to the point of use at the plant in Georgetown. Provided, further, that the total amount of water taken out of the Great Pee Dee River pursuant to the terms of this section and Section 49-1-90 shall not exceed eight per cent of the flow of the stream at the point of diversion. Provided, further, that this section and Section 49-1-90 shall not affect the right of any person to recover, in a court of competent jurisdiction, damages sustained as a result of the diversion of water permitted by this section and Section 49-1-90. Provided, further, that the International Paper Company shall take the water authorized herein as is, and shall have no legal or equitable recourse against any present or future user on said river or tributary thereof unless such upper user is violating the laws, rules or regulations regulating the pollution or control of rivers and streams of this State. Provided, further, that nothing in this section and Section 49-1-90 contained shall prevent any riparian owner of lands, either above or below the point of diversion, to use the waters of the Pee Dee River for irrigation and for other agricultural purposes.
HISTORY: 1962 Code Section 70-481; 1955 (49) 100.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 1 - General Provisions › Section 49-1-90. Right of others to diversions from Great Pee Dee River.

Any person, firm, corporation, municipality or county which may acquire rights of way for canals, pipelines or ditches, shall have to the same extent the same rights of diversion granted in Section 49-1-80 to International Paper Company, to be exercised in the same manner.
HISTORY: 1962 Code Section 70-482; 1955 (49) 100.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-10. Short title.

Section effective until July 1, 2024. See, also, Section 49-3-10 effective July 1, 2024.
This chapter may be cited as the South Carolina Water Resources Planning and Coordination Act.
HISTORY: 1962 Code Section 70-21; 1967 (55) 60; 1993 Act No. 181, Section 1244.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-10. Transfer of former Water Resources Division; transfer of regulatory functions of former Water Resources Commission.

Section effective July 1, 2024. See, also, Section 49-3-10 effective until July 1, 2024.
The former Water Resources Division of the Department of Natural Resources is transferred to the Division of Water in the Department of Environmental Services. The regulatory functions of the former Water Resources Commission that were transferred to the Department of Health and Environmental Control are further transferred to the Department of Environmental Services.
HISTORY: 1962 Code Section 70-21; 1967 (55) 60; 1993 Act No. 181, Section 1244; 2023 Act No. 60 (S.399), Section 5, eff July 1, 2024.
Effect of Amendment
2023 Act No. 60, Section 5, rewrote the section.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-20. Definitions.

Section effective until July 1, 2024. See, also, Section 49-3-20 effective July 1, 2024.
As used in this chapter:
(1) "Board" means the governing body of the Department of Natural Resources.
(2) "Department" means the Department of Natural Resources.
HISTORY: 1962 Code Section 70-22; 1967 (55) 60; 1969 (56) 72; 1962 Code Section 70-22; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1243; 1993 Act No. 181, Section 1244.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-20. "Department" defined.

Section effective July 1, 2024. See, also, Section 49-3-20 effective until July 1, 2024.
As used in this chapter:
"Department" means the Department of Environmental Services.
HISTORY: 1962 Code Section 70-22; 1967 (55) 60; 1969 (56) 72; 1962 Code Section 70-22; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1243; 1993 Act No. 181, Section 1244; 2023 Act No. 60 (S.399), Section 5, eff July 1, 2024.
Effect of Amendment
2023 Act No. 60, Section 5, rewrote the section.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-30. Transfer of former Water Resources Commission to Water Resources Division of Department of Natural Resources; transfer of regulatory powers to Department of Health and Environmental Control.

Section effective until July 1, 2024. Omitted by 2023 Act No. 60, Section 5.
The former Water Resources Commission without its regulatory functions is hereby transferred to the Water Resources Division of the Department of Natural Resources and is directly accountable to and subject to the board of the Department of Natural Resources. The Water Resources Division shall be directly accountable to and subject to the Department of Natural Resources. The regulatory functions of the former Water Resources Commission are transferred to the Department of Health and Environmental Control.
HISTORY: 1962 Code Section 70-23; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1244.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-30. Omitted.

HISTORY: Former Section, titled Transfer of former Water Resources Commission to Water Resources Division of Department of Natural Resources; transfer of regulatory powers to Department of Health and Environmental Control, had the following history: 1962 Code Section 70-23; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1244. Omitted by 2023 Act No. 60, Section 5, eff July 1, 2024.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-50. Matters to be considered by department in exercising responsibilities.

Section effective until July 1, 2024. See, also, Section 49-3-50 effective July 1, 2024.
In exercising its responsibilities under this chapter, the department shall take into consideration the need for:
(a) Adequate supplies of surface and groundwaters of suitable quality for all uses, including domestic, municipal, agricultural, and industrial.
(b) Water of suitable quality for all purposes.
(c) Water availability for recreational and commercial needs.
(d) Hydroelectric power.
(e) Flood damage control or prevention measures including zoning to protect people, property, and productive lands from flood losses.
(f) Land stabilization measures.
(g) Drainage measures, including salinity control.
(h) Watershed protection and management measures.
(i) Outdoor recreational and fish and wildlife opportunities.
(j) Studies on saltwater intrusion into groundwater and surface water.
(k) Measures to protect the state's fisheries and other aquatic resources.
(l) 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.
HISTORY: 1962 Code Section 70-25; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1244; 2008 Act No. 344, Section 1, eff six months after approval (approved June 11, 2008); 2019 Act No. 73 (H.4011), Section 2, eff May 16, 2019.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-50. Matters to be considered by department in exercising responsibilities.

Section effective July 1, 2024. See, also, Section 49-3-50 effective until July 1, 2024.
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.
HISTORY: 1962 Code Section 70-25; 1967 (55) 60; 1969 (56) 72; 1993 Act No. 181, Section 1244; 2008 Act No. 344, Section 1, eff six months after approval (approved June 11, 2008); 2019 Act No. 73 (H.4011), Section 2, eff May 16, 2019; 2023 Act No. 60 (S.399), Section 5, eff July 1, 2024.
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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 3 - Water Resources Planning And Coordination Act › Section 49-3-60. Right to return flows.

Section effective until July 1, 2024. See, also, Section 49-3-60 effective July 1, 2024.
(A) Notwithstanding another provision of law, an entity that has contracted for the right to store water in a reservoir owned by the United State Army Corps of Engineers has exclusive rights to any return flows generated directly or indirectly to that reservoir by the entity. The rights conferred by this subsection must be subject to any regulatory requirements imposed by the South Carolina Department of Health and Environmental Control and to the availability to the entity of unused storage capacity within the reservoir to store such return flows.
(B) For purposes of this section, "return flow" means water that is discharged directly or indirectly to a reservoir from a water reclamation facility.
HISTORY: 2022 Act No. 139 (S.1010), Section 1, eff April 25, 2022.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-10. Short title.

This chapter may be cited as the "South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act".
HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; 2010 Act No. 247, Section 1, eff January 1, 2011.
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 inserted ", Permitting, Use,".
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-25. Surface water withdrawal permit required.

Except as provided in Sections 49-4-30, 49-4-35, 49-4-40, and 49-4-45, all surface water withdrawals by a surface water withdrawer are unlawful unless made pursuant to a surface water withdrawal permit issued pursuant to this chapter. The department may not issue a permit to a new applicant unless the department determines that the applicant's proposed use is reasonable pursuant to this chapter.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-30. Exemptions.

(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.
HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; 2010 Act No. 247, Section 1, eff January 1, 2011.
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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-40. Applications and permits for surface water withdrawals.

(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.
HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; 2010 Act No. 247, Section 1, eff January 1, 2011.
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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-45. New surface water withdrawers; review and approval; reporting requirements.

(A)(1) A new surface water withdrawer that owns and operates a licensed impoundment that utilizes water withdrawn from its licensed impoundment and the withdrawals are subject to review and approval of applicable state and federal laws and regulations, including its impoundment licensing authority, shall be issued a surface water withdrawal permit upon proper application.
(2) Any other new surface water withdrawer that utilizes water withdrawn from a licensed impoundment shall be issued a surface water withdrawal permit upon proper application in accordance with the criteria contained in this chapter. If this new surface water withdrawer has been issued a license, permit, or certification through a state or federal process that reviewed criteria substantially similar to some or all of the surface water withdrawal criteria contained in this chapter, then the application for the new surface water withdrawal is only required to address the criteria not addressed when the new surface water withdrawer was issued a license, permit, or certification through a state or federal process.
(B) Permits issued pursuant to this section will be required to identify the surface water withdrawer, the point of withdrawal, and the maximum withdrawal amounts and also will require that the applicant comply with the reporting requirements of Section 49-4-50.
(C) Nothing in this chapter shall be construed to diminish the department's authority to regulate facilities under any other applicable laws.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-50. Reports of quantity of water withdrawn; methods for determining quantity.

(A) Each permitted or registered surface water withdrawer must file a report with the department of the quantity of water withdrawn by that surface water withdrawer annually before February first, on forms furnished by the department.
(B) The quantity of surface water withdrawn must be determined by one of the following:
(1) flow meters accurate to within ten percent of calibration;
(2) the rated capacity of the pump in conjunction with the use of an hour meter, electric meter, or log;
(3) the rated capacity of the cooling systems;
(4) any standard or method employed by the United States Geological Survey in determining these quantities;
(5) any other method found to provide reliable water withdrawal data approved by the department.
(C) Permitted and registered surface water withdrawers who are required to file a surface water withdrawal report pursuant to subsection (A) are not required to submit the report if the monthly quantity withdrawn from each intake is being reported to the department as a result of another environmental program reporting requirement, permit condition, or consent agreement.
HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; 2010 Act No. 247, Section 1, eff January 1, 2011.
Editor's Note
2010 Act No. 247, Section 4.B, provides:
"Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."
Effect of Amendment
The 2010 amendment rewrote subsections (A) and (C).
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-55. Registered and exempt surface water withdrawers can apply for surface water withdrawal permits; criteria.

(A) A registered surface water withdrawer is not prohibited from applying for a surface water withdrawal permit. The permit application must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. A registered surface water withdrawer that obtains a surface water withdrawal permit must abide by all of the terms of this chapter related to permit holders and is entitled to all of the rights conferred by a permit.
(B) An exempt surface water withdrawer is not prohibited from applying for a surface water withdrawal permit or from registering its use. An exempt surface water withdrawer's application for a permit must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. An exempt surface water withdrawer that obtains a permit or registers its use is entitled to all of the rights conferred upon by a permit or a registered surface water withdrawer, as the case may be.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-60. Use of surface water on nonriparian land.

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.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-90. Hearings for new surface water withdrawal permit applications for interbasin transfers; notice.

(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.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-100. Surface water withdrawal permits; contents; valid for certain time period.

(A) Surface water withdrawal permits issued by the department must:
(1) identify the location of the permittee's intake facility used or constructed to make withdrawals pursuant to the permit;
(2) specify the amount of water that may be withdrawn;
(3) specify the amount of water to be discharged back into the surface water body and location of the discharge;
(4) specify the volume of supplemental water supply if needed;
(5) specify the minimum instream flow at the point of withdrawal;
(6) specify the minimum instream flow triggers that will determine if the permittee's withdrawal must be reduced;
(7) specify the stream flow, that will be used to notify the applicant of starting the reduction of withdrawal;
(8) specify the date upon which the permit expires; and
(9) clearly state that the terms and conditions of the permit are subject to the provisions of the South Carolina Drought Response Act.
(B) Permits issued by the department, unless revoked or suspended pursuant to this chapter, shall be valid for a period to represent the economic life of any capital investments made by the permittee necessary to carry out the permittee's use of the withdrawn water. Permits must be issued for:
(1) twenty years, or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to a proposed withdrawal not to exceed an additional twenty years;
(2) thirty years for a permittee entitled to an initial permit pursuant to Section 49-4-70(B), or a greater period the department considers reasonable based upon its review of all the facts and circumstances relevant to the proposed withdrawal not to exceed an additional ten years; or
(3) any additional period necessary, not to exceed a total of fifty years, for a municipality or other governmental body to retire a bond it issued to finance the construction of waterworks.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-110. Effect of surface water withdrawal permit.

(A) A surface water withdrawal permit confers upon the permittee a right to withdraw and use surface water pursuant to the terms and conditions of the permit. The permit does not convey a property right in the water to the permittee. Nothing in this chapter shall affect any requirement under any other law or regulation, including any requirement for the owner or operator of a proposed new or expanding water withdrawal facility that will be constructed within the boundaries of a reservoir operated by a different entity to obtain the reservoir operator's approval before constructing and operating the proposed new water withdrawal facility or expanding an existing water withdrawal facility.
(B) Surface water withdrawals made by permitted or registered surface water withdrawers shall be presumed to be reasonable. No private cause of action for damages arising directly from a surface water withdrawal by a permitted or registered surface water withdrawer may be maintained unless the plaintiff can show a violation of a valid permit or registration.
(C) Issuance of a surface water withdrawal permit under this chapter does not relieve the permittee from being required to obtain and comply with any other permits or approvals that may be required under other laws, or existing agreements, or under common law. Nothing in this chapter shall prevent an impoundment licensee from requiring persons seeking to withdraw water from a licensed reservoir to comply with any and all conditions that the licensee is empowered to require under its license and applicable laws.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit.

(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.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-130. Notice of construction of new surface water intake required.

A surface water withdrawer must provide the department with prior written notice of the construction of a new surface water intake that changes the method of measuring the water the permittee is withdrawing, cessation of its surface water withdrawals, a proposed change in ownership, or the abandonment of a surface water intake.
HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; Formerly 1976 Code Section 49-4-70; 2010 Act No. 247, Section 1, eff January 1, 2011.
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.
2023 South Carolina Code of Laws › Title 49 - Waters, Water Resources and Drainage › Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act › Section 49-4-140. Temporary surface water withdrawal permit; necessity.

The department may issue a temporary surface water withdrawal permit to a new applicant while his application is pending, if the temporary permit is necessary to address an imminent hazard to public health or the applicant demonstrates that without a temporary permit he will suffer physical or financial damage. A temporary permit must contain an expiration date, which must not be more than one hundred eighty days after it was issued. The issuance of a temporary permit does not guarantee that the department will issue a permanent permit to the applicant.
HISTORY: 2010 Act No. 247, Section 1, eff January 1, 2011.
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."