S.C. Code Regs. § § 61-119.L.3

Current through Register Vol. 48, No. 11, November 22, 2024

Section 61-119.L.3 - New or Expanding Agricultural Withdrawals After January 1, 2011

a. A person proposing to withdraw water for agricultural purposes in a quantity anticipated to meet the criteria of a surface withdrawer or an existing registered withdrawer seeking to increase its registered amount must report, on a form to be supplied by the Department, its anticipated withdrawal quantity or increase to the Department for determination as to whether that quantity is within the safe yield for that water source at the time of the request. The safe yield will be determined consistent with item E.3.a.ii of this regulation.

b. Upon making a safe yield determination, the Department must send a description of its determination to the proposed registered surface water withdrawer by registered mail.

i. If the anticipated withdrawal quantity or increase is determined to be within the safe yield of the source waterbody, the withdrawal will be considered registered with the Department for the anticipated quantity and the notification will constitute authorization to proceed with construction and operation of the withdrawal at the specified amount.

ii. If the anticipated withdrawal quantity or increase is determined not to be within the safe yield of the source waterbody, then the proposed new registered surface water withdrawer may not proceed with the construction or installation of a new water intake pursuant to this regulation nor can an existing registrant increase withdrawals above their current registered amount. However, the registrant may modify its request to reflect a reduced withdrawal quantity or increase that is within the safe yield.

c. A person receiving authorization to construct and operate a withdrawal or expand an existing withdrawal under this section must notify the Department of completion of the intake or expansion within thirty (30) days after completing construction. If notification of completion of construction is not received by the Department within one (1) year of the date of authorization provided under item L.3.b.i above, authorization to construct or expand and operate a surface water withdrawal is revoked unless the Department extends the time period.

S.C. Code Regs. § 61-119.L.3