The use of surface water on nonriparian land authorized pursuant to this chapter is lawful and is entitled to equal consideration with uses on riparian land in any administrative or judicial proceeding relating to the allocation, withdrawal, or use of water or to the modification of a water right. Nothing in this chapter may be construed to authorize access to waters of the State by a person seeking to make a nonriparian use apart from access otherwise lawfully available to that person.
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."
Former Section 49-4-60 was titled Powers of department. See, now Section 49-4-170.
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 Reports of quantity of water withdrawn; methods for determining quantity.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.