(A) The organization and function of each of the following watershed conservation districts which have implemented works of improvement must be revised to comply with this chapter. Each watershed conservation district retains the authority to levy the millage rate for the district, established previously by the General Assembly or through the local creation or administration of the watershed conservation district, at which taxes may be levied each fiscal year on the real property in the district, until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to those districts notwithstanding contrary provisions in acts which may have created the districts. The districts and related acts, where created by separate acts, include:

(1) Beaverdam Creek, Edgefield County, Act 1407 of 1974;

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Terms Used In South Carolina Code 48-11-210

  • Board of commissioners: means the governing body of the soil and water conservation district in which a watershed conservation district is situated or, if the watershed conservation district is situated in more than one soil and water conservation district, the joint governing bodies of the districts. See South Carolina Code 48-11-10
  • Board of directors: means the governing body of a watershed conservation district. See South Carolina Code 48-11-10
  • Department: means the Department of Natural Resources. See South Carolina Code 48-11-10
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Watershed: means the drainage area contributing stormwater runoff to a single point. See South Carolina Code 48-11-10
  • Watershed conservation district: means a governmental subdivision of this State and a public body corporate and politic organized and functioning in accordance with this chapter for the purposes and with the powers and duties provided in this chapter and subject to its restrictions. See South Carolina Code 48-11-10

(2) Beaverdam Creek, Oconee County, Act 1178 of 1962;

(3) Beaverdam-Warriors Creek, Laurens County, Act 599 of 1961;

(4) Big Creek, Anderson County;

(5) Broadmouth Creek, Anderson County;

(6) Brown’s Creek, Union County;

(7) Brushy Creek, Anderson and Pickens Counties;

(8) Buck Creek, Horry County, Act 579 of 1961;

(9) Carters Branch-Muddy Creek, Marlboro County, Act 1355 of 1966;

(10) Crabtree Swamp, Horry County, Act 579 of 1961;

(11) Duncan Creek, Laurens County, Act 599 of 1961;

(12) Fishing Creek, York County, Act 1219 of 1958;

(13) Gapway Swamp, Horry County, Act 579 of 1961;

(14) George’s Creek, Pickens County, Act 633 of 1963;

(15) Hill’s Creek, Chesterfield County, Act 513 of 1961;

(16) Hollow Creek, Lexington and Saluda Counties, Act 1335 of 1966;

(17) Horse Range Swamp, Orangeburg County, Act 816 of 1967;

(18) Little Lynches Creek, Kershaw and Lancaster Counties, Act 1316 of 1966 and Act 583 of 1963;

(19) Little Walnut-Tom and Kate, Dorchester County, Act 584 of 1965;

(20) Lynches Lake-Camp Branch, Florence County, Act 1007 of 1960;

(21) Maple Swamp, Dillon County;

(22) Oolenoy River, Pickens County, Act 631 of 1961;

(23) Rabon Creek, Laurens and Greenville Counties;

(24) St. George-Gum Branch, Dorchester County;

(25) Salem Community, Florence County;

(26) Simpson Creek, Horry County, Act 579 of 1961;

(27) Rocky Creek, Chester and Fairfield Counties;

(28) South Tyger River, Greenville County, Act 544 of 1963;

(29) Thicketty Creek, Cherokee and Spartanburg Counties;

(30) Three and Twenty Creek, Anderson and Pickens Counties;

(31) Tinkers Creek, Chester and York Counties;

(32) Todd Swamp, Horry County, Act 579 of 1961;

(33) Wateree Creek, Fairfield County, Act 1077 of 1958;

(34) Wilson Creek, Anderson and Abbeville Counties;

(35) Willow Swamp, Colleton and Bamberg Counties, Act 1032 of 1962.

(B) The existing Bear Creek Watershed Conservation District, Camp Creek Watershed Conservation District, Cane Creek Watershed Conservation District, Gills Creek Watershed Conservation District, and Hannah’s Creek Watershed Conservation District in Lancaster County, created pursuant to Act 583 of 1963, are combined into a single watershed conservation district named Cane Creek Watershed Conservation District which encompasses the combined area of the five existing watershed conservation districts. The organization and function of the new Cane Creek Watershed Conservation District must be revised to comply with this chapter. The district retains the authority to levy the millage rate authorized in Act 583 of 1963 until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to this district notwithstanding contrary provisions in Act 583 of 1963.

(C) The existing Jackson Creek Watershed Conservation District and Mill Creek Watershed Conservation District in Fairfield County, created pursuant to Act 596 of 1965, are combined into a single watershed conservation district named Jackson-Mill Creek Watershed Conservation District which encompasses the combined area of the two existing watershed conservation districts. The organization and function of the new Jackson-Mill Creek Watershed Conservation District must be revised to comply with this chapter. The district retains the authority to levy the millage rate authorized in Act 596 of 1965 until the millage rate is changed as provided in this chapter or increased by action of county council. This chapter applies to this district notwithstanding contrary provisions in Act 596 of 1965.

(D) The board of commissioners of each of the soil and water conservation districts in which a part or all of each of the watershed conservation districts in subsections (A), (B), and (C) is located shall initiate action with the board of directors of the watershed conservation district and the county government to carry out this revision in the organization and function of the watershed conservation district. The department shall assist each of the boards of commissioners of the affected soil and water conservation districts with this responsibility. The department shall initiate this assistance by providing written directions and guidance to each of the affected soil and water conservation districts within ninety days of the effective date of this chapter, as amended. The department may adopt policy and has broad authority to carry out this section.

(E) For purposes of this chapter, including the conduct of elections, the Digital Hydrologic Map prepared by the Service Center Agencies of the United States Department of Agriculture of the Fishing Creek Watershed District in York County represents and is declared to be the boundaries of the district.