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A99, R126, H3235
STATUS INFORMATION
General Bill
Sponsors: Reps. Witherspoon, R. Brown, Clark, Bowers and Mahaffey
Document Path: l:\council\bills\gjk\20069sd05.doc
Companion/Similar bill(s): 398
Introduced in the House on January 11, 2005
Introduced in the Senate on May 3, 2005
Last Amended on May 19, 2005
Passed by the General Assembly on May 25, 2005
Governor's Action: June 1, 2005, Signed
Summary: Drought and curtailment of nonessential water uses
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
-------------------------------------------------------------------------------
1/11/2005 House Introduced and read first time HJ-139
1/11/2005 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-139
2/16/2005 House Member(s) request name added as sponsor: R.Brown
4/19/2005 House Committee report: Favorable with amendment Agriculture,
Natural Resources and Environmental Affairs HJ-5
4/20/2005 House Member(s) request name added as sponsor: Clark, Bowers
4/20/2005 Scrivener's error corrected
4/26/2005 House Member(s) request name added as sponsor: Mahaffey
4/26/2005 House Amended HJ-25
4/26/2005 House Requests for debate-Rep(s). Jennings, Whipper, Hosey,
Littlejohn, Simrill, MA Pitts, and Viers HJ-27
4/26/2005 House Requests for debate removed-Rep(s). Littlejohn HJ-66
4/26/2005 House Requests for debate removed-Rep(s). Whipper, MA Pitts,
Simrill and Jennings HJ-83
4/26/2005 House Requests for debate-Rep(s). Cooper, Perry, Clemmons,
Barfield, White, Thompson, and JR Smith HJ-83
4/27/2005 House Requests for debate removed-Rep(s). Hosey and JR Smith
HJ-102
4/27/2005 House Read second time HJ-237
4/27/2005 House Roll call Yeas-102 Nays-0 HJ-238
4/28/2005 House Read third time and sent to Senate HJ-32
5/3/2005 Senate Introduced and read first time SJ-17
5/3/2005 Senate Referred to Committee on Agriculture and Natural
Resources SJ-17
5/18/2005 Senate Polled out of committee Agriculture and Natural
Resources SJ-16
5/18/2005 Senate Committee report: Favorable Agriculture and Natural
Resources SJ-16
5/19/2005 Senate Amended SJ-65
5/19/2005 Senate Read second time SJ-65
5/19/2005 Senate Unanimous consent for third reading on next legislative
day SJ-65
5/20/2005 Senate Read third time and returned to House with amendments
SJ-3
5/20/2005 Scrivener's error corrected
5/25/2005 House Concurred in Senate amendment and enrolled HJ-304
5/26/2005 Ratified R 126
6/1/2005 Signed By Governor
6/3/2005 Copies available
6/3/2005 Effective date 06/01/05
6/7/2005 Act No. 99
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/11/2005
4/19/2005
4/20/2005
4/26/2005
4/27/2005
5/18/2005
5/19/2005
5/20/2005
(A99, R126, H3235)
AN ACT TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO FURTHER PROVIDE FOR THOSE PURPOSES INCLUDING AGRICULTURAL OPERATIONS FOR FOOD PRODUCTION THAT ARE CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES, TO PROVIDE FOR CERTAIN PRIORITIES IN THE ESSENTIAL AND NONESSENTIAL WATER USE CATEGORIES, AND TO AUTHORIZE THE DEPARTMENT OF AGRICULTURE TO SPECIFIC OTHER TERMS NECESSARY TO IMPLEMENT THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Essential and nonessential water uses, categories, and priorities revised
SECTION 1. Section 49-23-70(C) of the 1976 Code, as last amended by Act 202 of 2004, is further amended to read:
"(C) The department may promulgate regulations to specify categories of nonessential water use and other terms necessary to implement this section. Water used strictly for firefighting purposes, health and medical purposes, agricultural operations for food production, minimum stream flow requirements, minimum water levels in the potable drinking water supplies and the above and below ground water tables, and the use of water to satisfy federal, state, or local public health and safety requirements are considered essential water use. Water used to maintain minimum water levels in the potable drinking water supply and water used for public safety purposes have the highest priority in the essential water category. The department by regulation may provide for the mandatory curtailment of nonessential water uses during periods of severe or extreme drought in drought management areas. Agricultural operations for nonfood production, and nonessential water users that may suffer a critical economic loss as a result of mandatory curtailment, have priority over other nonessential water users. Agricultural operations for nonfood production and nonessential water users that may suffer a critical economic loss as a result of mandatory curtailment must certify to the Drought Response Committee the nature of the loss in order to qualify for the higher priority nonessential use. Mandatory curtailment of nonessential water use shall become effective only after the Drought Response Committee determines the action to be reasonably necessary to ensure supplies of water in drought management areas. Upon such a finding, the Drought Response Committee shall determine which categories of nonessential water must be curtailed after reviewing each category by the following standards:
(1) the purpose of the use;
(2) the suitability of the use to the watercourse, lake, or aquifer;
(3) the economic value of the use;
(4) the social value of the use;
(5) the extent and amount of the harm it causes;
(6) the practicality of avoiding the harm by adjusting the use or method of use of one proprietor or the other;
(7) the practicality of adjusting the quantity of water used by each proprietor;
(8) the protection of existing values of water uses, land, investments, and enterprises;
(9) the consumptive or nonconsumptive nature of the use.
Following the determination, the department shall issue a declaration specifying the drought management areas affected and identifying the categories of nonessential water use to be curtailed. The declaration must be widely distributed to news media and must be published at least once a week in a newspaper of general circulation in each county affected. Any person adversely affected by mitigation or mandatory curtailment may, within ten days after such curtailment becomes effective, submit appropriate information to the department and obtain relief therefrom as is appropriate. Any declaration shall continue in effect only so long as conditions in a drought management area reasonably require it, and the declaration must be terminated by action of either the Drought Response Committee or the department, and notice of termination of the declaration must be given as when originally issued. If a declaration issued pursuant to this section conflicts with any ordinance or plan adopted pursuant to Section 49-23-80, the declaration shall supersede any ordinance or plan."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 2005.
Approved the 1st day of June, 2005.
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