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S. 398

STATUS INFORMATION

General Bill
Sponsors: Senator Peeler
Document Path: l:\council\bills\gjk\20214sd05.doc
Companion/Similar bill(s): 3235

Introduced in the Senate on February 2, 2005
Currently residing in the Senate Committee on Agriculture and Natural Resources

Summary: Certain agricultural purposes are exempt from mandatory curtailment of nonessential water uses

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    2/2/2005  Senate  Introduced and read first time SJ-17
    2/2/2005  Senate  Referred to Committee on Agriculture and Natural 
                        Resources SJ-17

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/2/2005

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 PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.

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

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. Water used strictly for firefighting purposes, 'agriculture', as defined in Section 46-1-10, health and medical purposes, minimum stream flow requirements, and 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 is considered essential water use. 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. 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 such 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 any a drought management area reasonably require it, and the declaration shall 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. In the event that 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."

SECTION    2.    This act takes effect upon approval by the Governor.

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