South Carolina Code 49-23-40. Applicability of chapter
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Terms Used In South Carolina Code 49-23-40
- Diffused surface water: means waters of a casual or vagrant character, lying or running on the surface of the earth but not in definite courses, streams, or waterbodies. See South Carolina Code 49-23-20
- Drought: means a period of diminished precipitation which results in negative impacts upon the hydrology, agriculture, biota, energy, and economy of the State. See South Carolina Code 49-23-20
- Person: means all persons, including individuals, firms, partnerships, associations, public or private institutions, municipalities or political subdivisions, governmental agencies, or private or public corporations organized under the laws of this State or another state or country. See South Carolina Code 49-23-20
- Water resources: means water on or beneath the surface of the ground, including natural and artificial water courses, lakes or ponds, and water percolating, standing, or flowing beneath the surface of the ground. See South Carolina Code 49-23-20
This chapter applies to all of the water resources in streams, lakes, and potable drinking water supplies and water levels in the above and below ground water tables of the State, but this chapter does not authorize any restriction in use of water during an incipient, moderate, and severe drought declaration injected into aquifer storage and recovery facilities, water stored in managed watershed impoundments or water from any pond completely situated on private property and fed only by diffused surface water. During a drought declaration, the use of water from a managed watershed impoundment shall not be restricted as long as minimum streamflow or flow equal to the 7Q10 is maintained, whichever is less. For the purposes of this chapter, the waters of the State shall include all groundwater and all surface water within the State as defined in § 49-23-20. The drought response plan applies to every person using water in this State.