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."
Structure 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.
Section 49-1-16. Fees for permits.
Section 49-1-18. Control authority over certain Savannah River matters suspended.
Section 49-1-30. Duty of landowners to clean out their streams.
Section 49-1-40. Obstructing streams generally.
Section 49-1-50. Sale or purchase of drifted lumber or timber; penalties.
Section 49-1-60. Tolls allowed owner of shores or wharves.
Section 49-1-80. International Paper Company may use water from Great Pee Dee River.
Section 49-1-90. Right of others to diversions from Great Pee Dee River.