South Carolina Code of Laws
Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act
Section 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.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 49 - Waters, Water Resources and Drainage

Chapter 4 - South Carolina Surface Water Withdrawal, Permitting Use, And Reporting Act

Section 49-4-10. Short title.

Section 49-4-20. Definitions.

Section 49-4-25. Surface water withdrawal permit required.

Section 49-4-30. Exemptions.

Section 49-4-35. Registration of surface water use; amount of withdrawals; time to start withdrawals; modification or suspension of authority to withdraw water.

Section 49-4-40. Applications and permits for surface water withdrawals.

Section 49-4-45. New surface water withdrawers; review and approval; reporting requirements.

Section 49-4-50. Reports of quantity of water withdrawn; methods for determining quantity.

Section 49-4-55. Registered and exempt surface water withdrawers can apply for surface water withdrawal permits; criteria.

Section 49-4-60. Use of surface water on nonriparian land.

Section 49-4-70. Applications for surface water withdrawal; time for application; initial permits; interbasin transfer permits.

Section 49-4-80. Contents of application for surface water withdrawal permit; department criteria; department duties.

Section 49-4-90. Hearings for new surface water withdrawal permit applications for interbasin transfers; notice.

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

Section 49-4-110. Effect of surface water withdrawal permit.

Section 49-4-120. Modification, suspension and revocation of permit; conditions; renewal of permit.

Section 49-4-130. Notice of construction of new surface water intake required.

Section 49-4-140. Temporary surface water withdrawal permit; necessity.

Section 49-4-150. Amount of withdrawal dependent on definition of minimum instream flow; public water suppliers; determination of amount of water available.

Section 49-4-160. Operation and contingency plan to promote adequate water supply maintained on site; contents of plan; exceptions.

Section 49-4-170. Powers and duties of department.

Section 49-4-175. Authority to collect, and the amount of, surface water withdrawal permit fees.

Section 49-4-180. Violation of chapter; penalties.