South Carolina § 49-4-100 - Surface water withdrawal permits; contents; valid for certain time period.

§ 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(2) specify the amount of water that may be withdrawn;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the economic life of any capital investments made by the permittee necessary to carry out the permittee's use of the withdrawn water.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."