South Carolina Code 49-4-80. Contents of application for surface water withdrawal permit; department criteria; department duties
(1) the name and address of the applicant;
Terms Used In South Carolina Code 49-4-80
- Affected area: means that portion of a county or counties within a river basin that, under the circumstances, are determined by the department to likely be affected by a proposed surface water withdrawal. See South Carolina Code 49-4-20
- Consumptive use: means any use of water which is not a nonconsumptive use. See South Carolina Code 49-4-20
- Department: means the Department of Health and Environmental Control. See South Carolina Code 49-4-20
- Minimum instream flow: means the flow that provides an adequate supply of water at the surface water withdrawal point to maintain the biological, chemical, and physical integrity of the stream taking into account the needs of downstream users, recreation, and navigation and that flow is set at forty percent of the mean annual daily flow for the months of January, February, March, and April; thirty percent of the mean annual daily flow for the months of May, June, and December; and twenty percent of the mean annual daily flow for the months of July through November for surface water withdrawers as described in § 49-4-150(A)(1). See South Carolina Code 49-4-20
- Minimum water level: means the water level in an impoundment necessary to maintain the biological, chemical, and physical integrity of the surface water in the impoundment taking into account downstream uses, withdrawals from the impoundment, and recreational and navigational needs as established by an existing federal regulatory process or established through consultation between the department and the operator of the impoundment. See South Carolina Code 49-4-20
- Safe yield: means the amount of water available for withdrawal from a particular surface water source in excess of the minimum instream flow or minimum water level for that surface water source. See South Carolina Code 49-4-20
- Surface water: means all water that is wholly or partially within the State, including the Savannah River, or within its jurisdiction, which is open to the atmosphere and subject to surface runoff, including, but not limited to, lakes, streams, ponds, rivers, creeks, runs, springs, and reservoirs, but not including water and wastewater treatment impoundments, off-stream supplemental operations related impoundments, or water storage structures constructed by the surface water withdrawer to provide adequate supplies of surface water during low flow conditions. See South Carolina Code 49-4-20
- surface water withdrawal permit: means a written authorization issued to a person by the department that allows the person to hold and exercise a water right to withdraw surface water pursuant to the terms of the permit and this chapter. See South Carolina Code 49-4-20
- Withdrawal: means to remove surface water from its natural course or location, or exercising physical control over surface water in its natural course or location, regardless of whether the water is returned to its waters of origin, consumed, transferred to another river basin, or discharged elsewhere. See South Carolina Code 49-4-20
(2) the location of the applicant’s intake facilities;
(3) the place and nature of the proposed use of the surface water withdrawn;
(4) the quantity of surface water requested and for the applicant’s proposed use; and
(5) the estimated ratio between water withdrawn and consumptive use of water withdrawn.
(B) To determine whether an applicant’s proposed use is reasonable, the department must consider the following criteria:
(1) the minimum instream flow or minimum water level and the safe yield for the surface water source at the location of the proposed surface water withdrawal;
(2) the anticipated effect of the applicant’s proposed use on existing users of the same surface water source including, but not limited to, present agricultural, municipal, industrial, electrical generation, and instream users;
(3) the reasonably foreseeable future need for the surface water including, but not limited to, reasonably foreseeable agricultural, municipal, industrial, electrical generation, and instream uses;
(4) whether it is reasonably foreseeable that the applicant’s proposed withdrawals would result in a significant, detrimental impact on navigation, fish and wildlife habitat, or recreation;
(5) the applicant’s reasonably foreseeable future water needs from that surface water;
(6) the beneficial impact on the State and its political subdivisions from a proposed withdrawal;
(7) the impact of applicable industry standards on the efficient use of water, if followed by the applicant;
(8) the anticipated effect of the applicant’s proposed use on the following if the permit is granted:
(a) interstate and intrastate water use;
(b) public health and welfare;
(c) economic development and the economy of the State; and
(d) applicable federal laws and interstate agreements and compacts; and
(9) any other reasonable criteria that the department promulgates by regulation that it considers necessary to make a final determination.
(C) The department shall determine the safe yield of the surface water source and the volume of supplemental water supply, if needed, necessary to sustain the applicant’s proposed water use. In making the safe yield determination, the department, in consultation with the Department of Natural Resources, may perform stream flow modeling.
(D) The department must determine the minimum instream flow requirement for the surface water body at the point of the proposed withdrawal.
(E) The department must consult with the Department of Natural Resources to determine which, if any, existing stream flow measuring devices should be utilized to quantify the stream flow at the point of the proposed withdrawal. If no existing measuring device is suitable, the Department of Natural Resources will recommend the location of a new measuring device.
(F) The department must consult with the Department of Natural Resources to quantify the stream flow measured at the specified measuring device that will require a reduction in the applicant’s water withdrawal because of inadequate stream flow at the point of withdrawal.
(G) The department shall develop a mechanism for notifying the applicant that its withdrawal must be reduced because of inadequate stream flow at the point of the proposed withdrawal.
(H) The department must share all findings of subsections (C) through (G) with the applicant.
(I) If the department determines that a supplemental water supply is required, the applicant must demonstrate that the supplemental water supply will be comprised of sources other than the surface water source from which the surface water withdrawals are made during nonlow flow conditions. This section does not prevent a licensee from replenishing his supplemental water supply from the source of the surface water withdrawal during appropriate flows.
(J) Upon a determination by the department that, based upon its examination of the criteria in subsection (B), the applicant’s use is reasonable, the department shall issue a permit to the applicant.
(K)(1) Except as provided in § 49-4-90, upon receipt of a new surface water withdrawal permit application or an application to significantly increase the amount of water that may be withdrawn under an existing permit and the appropriate filing fee, the department must, within thirty days, provide the public with notice of the application. In addition to the department’s usual public notice procedures, the department must publish notice of the application in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area and on the department’s website. The public notice must contain the location and amount of the proposed withdrawal, the use for which the water will be withdrawn, and the process for requesting a public hearing concerning the application. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the affected area, the department must conduct a hearing. The hearing must be held within ninety days at an appropriate time and in an appropriate location near the specific site from which surface water withdrawals are proposed to be made.
(2) The department shall by regulation delineate and designate river basins to be used when determining the affected area for a particular surface water withdrawal application. In undertaking this task, the department shall initially establish fifteen river basins, including the watershed of each of the following fifteen rivers or river systems:
(a) Upper Savannah;
(b) Lower Savannah;
(c) Saluda;
(d) Broad;
(e) Congaree;
(f) Catawba-Wateree;
(g) Lynches;
(h) Pee Dee;
(i) Little Pee Dee;
(j) Black;
(k) Waccamaw;
(l) Lower Santee;
(m) Edisto;
(n) Ashley-Cooper; and
(o) Combahee-Coosawhatchie.
(L) If the department determines that a new surface water withdrawal permit application or an application to significantly increase the amount of water that may be withdrawn under an existing permit must be denied because there is not enough water in the safe yield, the department may meet with the other permitted withdrawers in the affected stream segment or basin, as appropriate, to determine whether the other permitted withdrawers can reach mutually agreed upon permit reductions to accommodate the applicant.