Regulation 61-119, Surface Water Withdrawal, Permitting, Use and Reporting

A. Purpose and Scope

1. Implementation Provision
2. Right to Withdraw
3. South Carolina Drought Act Provision

B. Definitions

C. Exemptions

1. Exempt Surface Water Withdrawals
2. Hydropower Reporting Requirements
3. Provision Allowing Permitting of Exempt Withdrawals

D. Permits for Existing Surface Water Withdrawers as of January 1, 2011

1. Application Requirements
2. Requests for Additional Flow
3. Operations and Contingency Plan Requirements
4. Information to be Included in Permit

E. Permits for New or Expanding Surface Water Withdrawers After January 2, 2011

1. Requirement to Obtain Permit to Withdraw
2. Application Requirements
3. Evaluation Criteria
4. Operations and Contingency Plan Requirements
5. Information to be Included in Permit

F. Public Notice Requirements for New or Expanding Surface Water Withdrawals After January 1, 2011

1. Public Notice of New Permits Not Considered Interbasin Transfers or Expanding Surface Water Withdrawals After January 1, 2011
2. Public Notice of New Surface Water Withdrawals After January 1, 2011 Considered Interbasin Transfers

G. Nonconsumptive Use Surface Water Withdrawal Permits

1. Requirements to be Considered a Nonconsumptive Use Withdrawer
2. Additional Application Requirements for Nonconsumptive Use Permits
3. Reconsideration of Nonconsumptive Use
4. Information to be Included in Permit

H. Permit Duration

1. Permit Duration for Existing Surface Water Withdrawers as of January 1, 2011
2. Permit Duration for a New or Expanding Surface Water Withdrawer After January 1, 2011

I. Renewal Process for Surface Water Withdrawal Permits

1. Permits Issued to Existing Surface Water Withdrawers
2. Permits Issued to Surface Water Withdrawers Considered New or Expanding After January 1, 2011

J. Actions on Permit Applications, Modifications, Revocations and Denials

1. Authority to Take Action On Permits
2. Transferability of Permits

K. Existing Interbasin Transfer Permits and Registrations

L. Registration of Agricultural Withdrawals

1. Requirement to Register
2. Existing Agricultural Withdrawers
3. New or Expanding Agricultural Withdrawals after January 1, 2011
4. Application Requirements
5. Regulatory Authority

M. Temporary Permits and Emergency Withdrawals

1. Temporary Permits
2. Emergency Withdrawals

N. Reporting

1. Requirement to Report
2. Methods of Measuring Withdrawal Quantity
3. Reporting Exemption

O. Enforcement

1. Violations
2. Penalties

P. Other Department Authority

1. Department Authority
2. [Reserved]

Q. Surface Water Permitting and Withdrawal Fees

1. Fee Structure
2. Application Processing Requirements
3. Annual Operating Fees
4. General Fee Provisions

R. Compliance and Other Statutes and Regulations

S. Severability Clause