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Show SOUTH CAROLINA 673 water users (including surface users) may be required to report at not more than 30-day intervals the amounts of water being used, sources of water, and the nature of the uses. As to ground water specifically, the regulations may require or define: (1) Times of withdrawal; (2) protective devices to combat salt water encroach- ment; (3) limitations on uses which may be adverse to the public or others; and (4) details relating to well depth and spacing con- trols, pumping levels, and maximum pumping rates. These regula- tions are published after hearings are held with respect to them. No official regulations of the commission appear to have been published as of this time.65 B. PERMITS Water use permits are required in capacity use areas where the user withdraws more than 100,000 gallons per day. When an appli- cation for a permit is filed, the Commission must first decide whether the water applied for (i.e., water in excess of 100,000 gallons per day) involves a nonconsumptive use. If so, the commission may issue a permit without a hearing. Procedures for obtaining a consumptive use permit are set forth in the statute, including provisions for notice, hearing, a record of proceedings, making findings of fact and conclusions of law, and judicial review in a trial de novo. A "nonconsumptive use" is defined in the statute to mean a diversion of the ground water in such a way that it is returned at or near the point of diversion to the ground water system without substantial diminution in quantity or quality. It is also provided that in deter- mining whether the use is nonconsumptive, the commission may take into consideration whether the applicant has adequately compensated any other water user in the area who has sustained injury by reason of the reduction of water pressure in the aquifer. In determining whether to grant a permit for a consumptive use, the commission is to consider the following factors: The number of persons using an aquifer and the extent, object, and necessity of their withdrawals; the nature and size of the aquifer; any physical and chemical impairment of the water which may affect its use for other purposes, including public use; the severity and duration of such impairment; the injury to the public health, safety, or welfare which might result if such impairment were not abated; the kinds of businesses or activities to which the various uses are related; the importance and necessity of the claimed uses; the effect upon other watercourses or aquifers; and "any other relevant factors." No ground water permit shall be issued for longer than the longest of the following periods: (1) 10 years; (2) the duration of the exist- ence of a capacity use area; or (3) the period found by the com- mission to be necessary for reasonable amortization of the appli- cant's water withdrawal and water-using facilities. Although permits may be renewed, no standard for renewal is set up to guide the com- mission. Permits are transferable only upon approval of the com- mission. Reports are required by permittees as to amounts used, sources of water, and the nature of use. Persons not requiring permits (less «Rules and regulations of State administrative agencies are contained in vol. 17 of the South Carolina code. |