S.C. Code § 49-4-10
Short title
This chapter may be cited as the "South Carolina Surface Water Withdrawal, Permitting, Use, and Reporting Act".
South Carolina Code Title 49, Chapter 4 — South Carolina Surface Water Withdrawal, Permitting Use, and Reporting Act
South Carolina · statute · S.C. Code tit. 49, ch. 4 · 23 active provisions
S.C. Code § 49-4-20
Definitions
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, ap…
S.C. Code § 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 determ…
S.C. Code § 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…
S.C. Code § 49-4-35
Registration of surface water use; amount of withdrawals; time to start withdrawals; modification or suspension of authority to withdraw water
(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) A…
S.C. Code § 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 pu…
S.C. Code § 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 su…
S.C. Code § 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 followin…
S.C. Code § 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 withd…
S.C. Code § 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 chapt…
S.C. Code § 49-4-70
Applications for surface water withdrawal; time for application; initial permits; interbasin transfer permits
(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 with…
S.C. Code § 49-4-80
Contents of application for surface water withdrawal permit; department criteria; department duties
(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…
S.C. Code § 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…
S.C. Code § 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 w…
S.C. Code § 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…
S.C. Code § 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 i…
S.C. Code § 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 wate…
S.C. Code § 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 tempo…
S.C. Code § 49-4-150
Amount of withdrawal dependent on definition of minimum instream flow; public water suppliers; determination of amount of water available
(A)(1)(a) For new surface water withdrawers located on a stream segment not influenced by a licensed or otherwise flow controlled impoundment, the surface water withdrawal permit authorizes withdrawals up to the permitted amount pursuant to this chapter's definition of minimum instream flow subject to the provisions co…
S.C. Code § 49-4-160
Operation and contingency plan to promote adequate water supply maintained on site; contents of plan; exceptions
(A) Each permittee must prepare and maintain on site, available for inspection, an operational and contingency plan to promote an adequate water supply from the surface water during times when the actual flow of the surface water is less than the minimum instream flow for that particular surface water segment. The plan…
S.C. Code § 49-4-170
Powers and duties of department
(A) In addition to any other powers and duties, the department may: (1) promulgate regulations necessary to implement the policies and purposes of this chapter; (2) enter upon any land or water for the purpose of conducting investigations, examinations, or surveys necessary to carry out its duties and responsibilities…
S.C. Code § 49-4-175
Authority to collect, and the amount of, surface water withdrawal permit fees
(A) The department is authorized to collect the following surface water withdrawal program fees: (1) existing surface water withdrawal permit application processing fee $1,000; (2) new surface water withdrawal permit application processing fee $7,500; (3) modification of surface water withdrawal permit application proc…
S.C. Code § 49-4-180
Violation of chapter; penalties
(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 violati…