(A) A registered surface water withdrawer is not prohibited from applying for a surface water withdrawal permit. The permit application must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. A registered surface water withdrawer that obtains a surface water withdrawal permit must abide by all of the terms of this chapter related to permit holders and is entitled to all of the rights conferred by a permit.
(B) An exempt surface water withdrawer is not prohibited from applying for a surface water withdrawal permit or from registering its use. An exempt surface water withdrawer's application for a permit must be considered using the criteria established in the section establishing the permit for which the registered surface water withdrawer is applying. An exempt surface water withdrawer that obtains a permit or registers its use is entitled to all of the rights conferred upon by a permit or a registered surface water withdrawer, as the case may be.
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."
Structure 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 49-4-25. Surface water withdrawal permit required.
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 Reports of quantity of water withdrawn; methods for determining quantity.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 49-4-60. Use of surface water on nonriparian land.
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 49-4-170. Powers and duties of department.
Section 49-4-175. Authority to collect, and the amount of, surface water withdrawal permit fees.