Current Status Bill Number:4372 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960109 Primary Sponsor:Lanford All Sponsors:Lanford, Herdklotz, Bailey, Clyburn Drafted Document Number:PFM\7746AC.96 Residing Body:Senate Date of Last Amendment:19960528 Subject:Reserved water, releasing of
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19960528 Senate amendments amended,
returned to Senate with amendment
House 19960523 Debate adjourned on Senate
amendments until Tuesday,
19960528
Senate 19960521 Read third time, returned to House
with amendment
Senate 19960516 Amended, read second time
Senate 19960515 Committee report: Favorable with 11 SJ
amendment
Senate 19960424 Introduced, read first time, 11 SJ
referred to Committee
House 19960424 Read third time, sent to Senate
House 19960423 Amended, read second time
House 19960417 Recalled from Committee 25 HJ
House 19960109 Introduced, read first time, 25 HJ
referred to Committee
House 19951220 Prefiled, referred to Committee 25 HJ
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Indicates Matter Stricken
Indicates New Matter
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.
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.