South Carolina House Bill 4285 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Introduced on January 12 2010 - 25% progression, died in committee
Action: 2010-02-24 - Member(s) request name added as sponsor: Whipper
Pending: House Agriculture, Natural Resources and Environmental Affairs Committee

A BILL TO AMEND CHAPTER 4, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SURFACE WATER WITHDRAWAL AND REPORTING ACT, SO AS TO PROVIDE THAT SUBJECT TO CERTAIN EXCEPTIONS, SURFACE WATER WITHDRAWALS MUST BE MADE PURSUANT TO A PERMIT, TO PROVIDE FOR COMPLETE EXEMPTIONS FROM THE PERMITTING REQUIREMENT, TO PROVIDE THAT REGISTERED SURFACE WATER WITHDRAWERS MAY WITHDRAW SURFACE WATER WITHOUT A PERMIT BUT SUBJECT TO CERTAIN RESTRICTIONS, TO PROVIDE FOR NONCONSUMPTIVE SURFACE WATER WITHDRAWAL PERMITS, TO PROVIDE FOR AN APPLICATION PROCEDURE FOR SURFACE WATER WITHDRAWERS THAT OWN AND OPERATE A LICENSED IMPOUNDMENT OR NEW SURFACE WATER WITHDRAWERS THAT WITHDRAW WATER FROM A LICENSED IMPOUNDMENT, TO PROVIDE FOR REPORTS TO THE DEPARTMENT OF NATURAL RESOURCES FROM PERMITTED AND REGISTERED WATER WITHDRAWERS AND THE CONTENTS OF THOSE REPORTS, TO PROVIDE THAT REGISTERED AND EXEMPT SURFACE WATER WITHDRAWERS MAY APPLY FOR A SURFACE WATER WITHDRAWAL PERMIT, TO AUTHORIZE NONRIPARIAN USE OF SURFACE WATER, TO PROVIDE FOR A PERMITTING PROCESS FOR NEW SURFACE WATER WITHDRAWERS, TO PROVIDE FOR THE CONTENTS OF THE APPLICATION, TO PROVIDE FOR THE DEPARTMENT'S DETERMINATION CONCERNING THE PERMIT, TO PROVIDE FOR PUBLIC HEARINGS CONCERNING NEW PERMIT APPLICATIONS FOR INTERBASIN TRANSFERS, TO PROVIDE FOR THE CONTENTS OF ISSUED PERMITS AND THE RIGHTS CONFERRED BY A PERMIT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH A PERMIT MAY BE MODIFIED, SUSPENDED, OR REVOKED, TO PROVIDE FOR NOTICE TO THE DEPARTMENT CONCERNING CERTAIN NEW WATER INTAKES, TO PROVIDE FOR TEMPORARY PERMITS, TO PROVIDE AUTHORIZED WITHDRAWAL AMOUNTS, TO PROVIDE FOR OPERATIONAL AND CONTINGENCY PLANS, TO PROVIDE FOR POWERS AND DUTIES OF THE DEPARTMENT OF NATURAL RESOURCES CONCERNING IMPLEMENTATION OF THE CHAPTER, TO PROVIDE APPROPRIATE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR PERMIT APPLICATION FEES; AND TO REPEAL CHAPTER 21, TITLE 49, RELATING TO THE INTERBASIN TRANSFER OF WATER, TO PROVIDE THAT CHAPTER 1, TITLE 49, RELATING TO GENERAL PROVISIONS CONCERNING WATER, WATER RESOURCES, AND DRAINAGE IS NOT AFFECTED BY AND SUPERSEDED BY CHAPTER 4, TITLE 49.

Provide That Subject To Certain Exceptions, Surface Water Withdrawals Must Be Made Pursuant To A Permit, To Provide For Complete Exemptions From The Permitting Requirement, To Provide That Registered Surface Water Withdrawers May Withdraw Surface Water Without A Permit But Subject To Certain Restrictions, To Provide For Nonconsumptive Surface Water Withdrawal Permits, To Provide For An Application Procedure For Surface Water Withdrawers That Own And Operate A Licensed Impoundment Or New Surface Water Withdrawers That Withdraw Water From A Licensed Impoundment, To Provide For Reports To The Department Of Natural Resources From Permitted And Registered Water Withdrawers And The Contents Of Those Reports, To Provide That Registered And Exempt Surface Water Withdrawers May Apply For A Surface Water Withdrawal Permit, To Authorize Nonriparian Use Of Surface Water, To Provide For A Permitting Process For New Surface Water Withdrawers, To Provide For The Contents Of The Application, To Provide For The Department's Determination Concerning The Permit, To Provide For Public Hearings Concerning New Permit Applications For Interbasin Transfers, To Provide For The Contents Of Issued Permits And The Rights Conferred By A Permit, To Provide For Circumstances Under Which A Permit May Be Modified, Suspended, Or Revoked, To Provide For Notice To The Department Concerning Certain New Water Intakes, To Provide For Temporary Permits, To Provide Authorized Withdrawal Amounts, To Provide For Operational And Contingency Plans, To Provide For Powers And Duties Of The Department Of Natural Resources Concerning Implementation Of The Chapter, To Provide Appropriate Penalties For Violations, To Provide For Permit Application Fees; And To Repeal Chapter 21, Title 49, Relating To The Interbasin Transfer Of Water, To Provide That Chapter 1, Title 49, Relating To General Provisions Concerning Water, Water Resources, And Drainage Is Not Affected By And Superseded By Chapter 4, Title 49.

Sen. Karl Allen [D]	Rep. Don Bowen [R]	Rep. Robert Brown [D]	Sen. Rex Rice [R]
Rep. Jackson Whipper [D]

Date	Chamber	Action
2010-02-24		Member(s) request name added as sponsor: Whipper
2010-01-14		Member(s) request name added as sponsor: Rice
2010-01-13		Member(s) request name added as sponsor: R.L.Brown, Allen
2010-01-12		Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-59
2010-01-12		Introduced and read first time HJ-58
2009-12-15		Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
2009-12-15		Prefiled

S0275 (Similar To) 2009-01-14 - Referred to Committee on Agriculture and Natural Resources SJ-7
S0452 (Similar To) -
H3577 (Similar To) 2009-02-19 - Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-5

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=4285&session=118