Upon proper application and submittal of appropriate fees, the Department shall issue permits for surface water withdrawals that are considered nonconsumptive uses. A nonconsumptive user is one that uses surface water in such a manner that more than ninety (90) percent of the water withdrawn is returned to its waters of origin within the boundaries of contiguous property owned by the surface water withdrawer; provided:
S.C. Code Regs. § 61-119.G.1