2017 South Carolina Code of Laws
Title 49 - Waters, Water Resources and Drainage
CHAPTER 4 - SOUTH CAROLINA SURFACE WATER WITHDRAWAL, PERMITTING USE, AND REPORTING ACT
Section 49-4-170. Powers and duties of department.

(A) In addition to any other powers and duties, the department may:

(1) promulgate regulations necessary to implement the policies and purposes of this chapter;

(2) enter upon any land or water for the purpose of conducting investigations, examinations, or surveys necessary to carry out its duties and responsibilities provided in this chapter;

(3) receive financial and technical assistance from private entities, the federal government, or another state agency; and

(4) take any action reasonable and necessary to enforce the provisions of this chapter.

(B)(1) The department may, in consultation with the Department of Natural Resources, negotiate agreements, accords, or compacts on behalf of and in the name of the State with other states or the United States, or both, with any agency, department, or commission of either, or both, relating to transfers of water that impact waters of this State, or are connected to or flowing into waters of this State. Any agreements, accords, or compacts made by the board pursuant to this section must be approved by concurrent resolution of the General Assembly prior to being implemented. The department also may represent the State in connection with water withdrawals, diversions, or transfers occurring in other states which may affect this State. The provisions in this section do not apply to the Office of Attorney General or any pending or future criminal or civil actions, lawsuits, or causes in which the State is a party or interested.

(2) The department must notify the Chairman of the Senate Agriculture and Natural Resources Committee and the Chairman of the House Agriculture, Natural Resources, and Environmental Affairs Committee when the department enters into negotiations or otherwise represents the State as provided in item (1). The department also must periodically report, as necessary or upon request, to the chairmen concerning the progress of the negotiations or representation.

HISTORY: 1982 Act No. 282, Section 3; 1993 Act No. 181, Section 1245; 2000 Act No. 366, Section 1; formerly 1976 Code Section 49-4-60; 2010 Act No. 247, Section 1, eff January 1, 2011.

Editor's Note

2010 Act No. 247, Section 4.B, provides:

"Chapter 1, Title 49 of the 1976 Code is not affected by and supersedes Chapter 4, Title 49 of the 1976 Code, as amended by SECTION 1 of this act."

Effect of Amendment

The 2010 amendment rewrote the section.