South Carolina § 49-4-40 - Applications and permits for surface water withdrawals.
Full text of South Carolina South Carolina Code of Laws § 49-4-40 — Applications and permits for surface water withdrawals., with citation guidance and answers to common questions.
§ 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.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 49-4-40
What does South Carolina Code of Laws § 49-4-40 cover?
Section 49-4-40 ("Applications and permits for surface water withdrawals.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 49-4-40?
A common citation format is "South Carolina Code of Laws § 49-4-40" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 49-4-40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.