§ 49-4-30 — Exemptions.

(A) Surface water withdrawals for the following purposes are exempt from the permitting, registering, and reporting requirements provided for in this chapter: (1) withdrawals associated with active instream dredging or sand-mining operations or other nonconsumptive instream mining operations undertaken pursuant to the South Carolina Mining Act; (2) emergency withdrawals; (3) agricultural uses from farm ponds: (a) owned or leased by the person making the withdrawal; or (b) situated on two or more separately owned parcels of private property if each property owner agrees to the withdrawal; (4) a person withdrawing surface water from any pond completely situated on private property and which is supplied only by diffuse surface water springs completely situated on the private property or groundwater withdrawals; (5) naturally occurring evaporation from impoundments; (6) a person withdrawing, using, or discharging surface water for the purpose of wildlife habitat management; and (7) a special purpose district withdrawing surface water from any pond completely situated on property owned by a special purpose district and which is supplied only by diffuse surface water or springs completely situated on the special purpose district's property. (B) Hydropower generation, including pumped storage, is exempt from the permitting requirements of this chapter but not the reporting requirements in Section 49-4-50.

Legislative History

HISTORY: 1982 Act No. 282, SECTION 3; 1993 Act No. 181, SECTION 1245; 2000 Act No. 366, SECTION 1; 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.