H 4372 General Bill, By Lanford, Bailey, Clyburn and R.J. Herdklotz
 A Bill to amend Section 49-11-10 and 49-11-20, both as amended, Code of Laws
 of South Carolina, 1976, relating to prohibitions against overflowing or
 keeping water upon the land of another person, so as to provide that releasing
 reserved water may not injure the property of another and to authorize a civil
 action for injunctive relief and monetary damages for violations.

   12/20/95  House  Prefiled
   12/20/95  House  Referred to Committee on Judiciary
   01/09/96  House  Introduced and read first time HJ-70
   01/09/96  House  Referred to Committee on Judiciary HJ-70
   04/17/96  House  Recalled from Committee on Judiciary HJ-57
   04/23/96  House  Amended HJ-64
   04/23/96  House  Read second time HJ-64
   04/24/96  House  Read third time and sent to Senate HJ-15
   04/24/96  Senate Introduced and read first time SJ-41
   04/24/96  Senate Referred to Committee on Judiciary SJ-41
   05/15/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-15
   05/16/96  Senate Amended SJ-76
   05/16/96  Senate Read second time SJ-76
   05/21/96  Senate Read third time and returned to House with
                     amendments SJ-22
   05/23/96  House  Debate adjourned on Senate amendments until
                     Tuesday, May 28, 1996 HJ-80
   05/28/96  House  Senate amendment amended HJ-96
   05/28/96  House  Returned to Senate with amendments HJ-96

AMENDED--NOT PRINTED IN THE HOUSE

Amendment No. 1A (P:\amend\DKA\3836DW.96)

May 28, 1996

H. 4372

S. Printed 5/16/96--S.

Read the first time January 9, 1996.

A BILL

TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 49-11-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 49-11-10. (A) No person shall be permitted or allowed to may make or keep up any a dam or bank to stop the course of any waters so as to overflow the lands of another person without first obtaining the consent of such that person first had and obtained nor shall any and no person be permitted or allowed to may let off any reserved water to injure the crops upon the grounds of other persons.

(B) A person owning or operating a dam which impounds a reservoir too small to be regulated under the South Carolina Dams and Reservoirs Safety Act Regulations or a dam which, in the judgement of the Department of Health and Environmental Control, poses no significant threat of danger because of its size and location to downstream life or property is liable for damages for damage to the real or personal property of another caused by the poor construction, operation, or maintenance of the dam or cause by flooding due to inadequate spillway control.

(C) A person aggrieved by a violation of subsection (B) may bring a civil action for injunctive relief and for monetary damages resulting from the violation."

SECTION 2. Section 49-11-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 49-11-20. (A) Nothing contained herein shall in this section may be construed to authorize any a person to keep water at any time on any lands other than his own.

(B) A person aggrieved by a violation of subsection (A) may bring a civil action for injunctive relief and for monetary damages resulting from the violation."

SECTION 3. This act takes effect upon approval by the Governor.