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Show Chapter 40. SOUTH CAROLINA CONTENTS Page 1. Development of South Carolina Water Law_____________________ 661 2. State Organizational Structure for Water Administration and Control __ 662 2.1 Administration of Water Rights.....__________......... 662 2.2 Resolution of Water Use Conflicts......________________ 662 2.3 Other Agencies Having Water Resource Responsibilities___ 662 3. Surface Waters____________________________________________ 664 3.1 Method of Acquiring Rights___________________.....__ 664 3.2 Nature and Limit of Rights__________________________ 664 3.3 Changes, Sales, and Transfers........_....._______...... 670 3.4 Loss of Rights......._.....__________________........ 670 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 670 3.6 Springs..........____......._.......________________ 670 3.7 Diffused Surface Waters....................___.....___ 671 4. Ground Water.................._.................____________ 671 Publications Available________________________________________ 674 DISCUSSION 1. Development op South Carolina Water Law Although South Carolina has recognized the law of riparian water rights since 1835,1 it engaged in a minor flirtation with the prior ap- propriation system in 1954 and again in 1955. The State water policy committee submitted a bill to the general assembly which would have embraced the basic principles of the water codes in several of the Western States.2 Although the measures were defeated in both ses- sions, it is apparent that the State's concern with its water resources has persisted. In 1967, the South Carolina Water Resources Plan- ning and Coordinaitng Commission was created primarily to formu- late a comprehensive water resources policy for the State,8 and in 1969 an act relating to the use of ground water was enacted.4 Under that act, the diversion of ground water is regulated in full capacity use areas, and a permit is required to divert ground water in excess of 100,000 gallons per day. The act expressly disclaims, however, any intention to change or modify existing common or statutory law re- lating to surface water rights. 1Omelvany v. Jaggers, 2 Hill (S.C.) 634 (1835). 8 Report of the water policy committee submitted to the general assembly: A new water policy for South Carolina (1954). The bills are discussed in R. Marquis, R. Free- man, and M. Heath, The Movement for New Water Rights Laws in the Tennessee YaUey States, 23 Tenn. L. Rev. 797 (1955) ; H. Ellis, Some Current and Proposed Water- Rights Legislation in the Eastern States, 41 Iowa L. Rev. 237 (1956). 3 S.C. code, sees. 70-21 to 70-25 (1971 supp.). The pocket supplement is not official and contains only acts ratified through July 2, 1971. The code is published every 10 years. There will be a new code in 1972, and it is not known whether there is any water legislation pending at the present time. For convenience, the South Carolina statutes will be referred to hereafter simply by section numbers. *Secs. 70-31 to 70-42. 661 |