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Show 672 SOUTH CAROLINA general in 1967 suggested that the State Supreme Court would prob- ably adopt the absolute ownership concept.62 In recent years a number of humid eastern states have considered, and some have adopted, ground water statutes-which to some ex- tent were prompted by anxiety over increased salinization of fresh ground water deposits.63 The South Carolina concern must have been similar, for in 1969 a "Groundwater Use Act" was passed. It contains a general declaration that the "general welfare and public interest requires that the water resources of the State be put to beneficial use to the fullest extent" and "subject to reasonable regu- lation" in order to conserve these resources and to maintain condi- tions which are conducive to development. The method of regulating ground water under the statute is actu- ally quite simple. The South Carolina Water Eesources Planning and Coordinating Commission is authorized first to study and then to establish, if necessary, "capacity use areas." In such areas, permits are required in order to withdraw ground water in excess of 100,000 gallons per day for any purpose. The details of these basic provi- sions are noted below, but it is interesting at the outset to note that the statute provides: "Nothing contained in this chapter shall change or modify existing common or statutory law with respect to the rights of the use of surface water in this State."64 The section apparently recognizes the hydrological interrelationship between surface and ground water sources, and, for constitutional reasons, the legislature apparently felt constrained to "save" the statute from vulnerability by preserving existing riparian rights in surface water- courses .Nothing is said, however, of exempting existing uses of ground water, and while the act does not go so far as to assert State "ownership" of such water, the effect of the act is certainly contrary to any concept of "private" or absolute" ownership of ground water. And any area of the State, if it becomes a "capacity use area," will be subject to regulation. A. CAPACITY USE AREAS These are defined as areas where the use of ground water has developed or threatened to develop to the point where coordination and regulation are required, or where the use threatens to exceed or impair the renewal or replenishment of all or any part of such water. The standard for establishing such areas is simply that the commission must act in the "public interest." Apparently, a request for the establishment of a capacity use area can be made only by some political subdivision of the State. An in- vestigation and full report by the executive director of the commis- sion follows. The commission, if the facts found so justify, may then adopt an order establishing the area, and this must be followed by a public hearing after notice. Details are given as to the nature of the hearing, type of notice, right to be heard, etc. After a capacity use area is established, the commission prepares regulations to be applied in the particular area. Included may be a provision that all «See G. Dukes and J. Stepp, note 10, p. 663, at 20. 03 See B. Murphy, Regulating Ground, Water in Humid Zones, Contemporary Develop- ments In Water Law (0. Johnson, S. Lewis ed. 1970) at 55. MSec. 70-42 (1971 supp.). |