South Carolina § 49-23-40 - Applicability of chapter.

Full text of South Carolina South Carolina Code of Laws § 49-23-40 — Applicability of chapter., with citation guidance and answers to common questions.

§ 49-23-40. Applicability of chapter.

This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in Section 49-23-20. The drought response plan applies to every person using water in this State.

HISTORY: 1985 Act No. 63, SECTION 3; 1993 Act No. 181, SECTION 1250; 2000 Act No. 366, SECTION 3.

Source: official South Carolina text · Last verified 2026-08-27

Frequently Asked Questions About South Carolina § 49-23-40

What does South Carolina Code of Laws § 49-23-40 cover?

Section 49-23-40 ("Applicability of chapter.") 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 § 49-23-40?

A common citation format is "South Carolina Code of Laws § 49-23-40" (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 § 49-23-40 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.