| OCR Text |
Show 674 SOUTH CAROLINA than 100,000 gallons daily or an individual domestic water user) may also be required to observe reasonable regulations. The effect of the statute upon prior users (who would now have to obtain a permit) should be noted. The commission shall take into consideration the extent to which such prior withdrawals were "reasonably necessary." A permit may be granted to meet these reasonable needs. Moreover, the commission may take into considera- tion prior investments and plans for the use of water, if such in- formation is submitted to the commission within a reasonable time after the effective date of the act (July 2, 1969). Temporary permits may be granted. Of special importance is the power of the Commission to "modify or revoke any permit upon not less than 60 days' written notice to any person affected."66 No grounds are specified for modification or revocation, other than that the action taken must be in the public interest. c. sanctions A violation of any provision of the statute is regarded as a mis- demeanor subject to a fine of not less than $100 and not more than $1,000. In the case of willful violations, each day during which the violation continues may be regarded as a separate offense. In addi- tion to criminal proceedings, the executive director of the commis- sion may sue for injunctive relief. As a final note, the statute gives the commission the right to con- duct investigations, and in connection therewith to enter upon any property at reasonable times for the purpose of inspecting the con- dition, withdrawal, or use of any water. Wells may be inspected, of course, but it should be noted that the term "well" is defined so as to exclude any well constructed by a private individual, appur- tenant to a single family dwelling, and intended for domestic use (including household purposes, farm livestock, or gardens). Publications Available Institution for water resource research: Water Resources Research Institute, Olemson University, Clemson, S.O. 29631, 803-654-2421 Ext. 209. Publications Olineburg and Krahmer, Law Pertaining to Estuarine Lands in South Caro- lina, 23 S.C. L. Rev. 7 (1971). Fisher and Gasten, Pollution Control Practice in South Carolina-An Over- view, 23 S.C. L. Rev. (1971). Hill, Limitation on Diversion from the Watershed: Riparian Roadblock to Beneficial Use, 23 S.O. L. Rev. 43 (1971). Marquis, Freeman and Heath, The Movement for New Water Rights Laws in the Tennessee Valley States, 23 Tenn. L. Rev. 797 (1955). Randall, Water Resources Research Project, 23 S.O. L. Rev. 25 (1971). Toal, Edens: The Prime Obstacle to a Redevelopment of South Carolina Water Law, 23 S.O. L. Rev. 63 (1971). Wald, Navigability-Its Meaning and Application in South Carolina, 23 S.C. L. Rev. 28 (1971). Note, Riparian Rights Doctrine in South Carolina, 21 S.O. L. Rev. 757 (1969). 88 Sec. 70-36(c) (1971 supp.). |
