What's at Stake
Historically, our state has enjoyed an abundance of surface water. This abundance has provided South Carolinians with ample opportunities to enjoy fishing, swimming and other recreational activities, while simultaneously meeting the water requirements of industries essential to our state’s economy.
Because South Carolina has never had to face serious water shortages, we are one of only a handful of “riparian rights” states left in the nation. Residential and business property owners with river or lake access can draw an unlimited amount of water without having to report their withdrawals. In times of plenty, riparian rights have served us well. Times, however, are changing.
A severe and prolonged drought has contributed to record declines in both groundwater and surface water. With South Carolina’s population predicted to increase 30 percent by 2030, the availability of our already threatened surface waters must be addressed. Now is the time to actively manage our surface water as the critical and scarce resource it is quickly becoming.
Challenges
South Carolina has taken positive steps by requiring permits for some groundwater withdrawals and inter-basin transfers. However, there is still no permitting system for surface water withdrawals. This is alarming because more than 95 percent of total water use reported in 2005 (20.4 trillion gallons) came from surface waters. Furthermore, more than half the state’s population relies on surface water for drinking. As a trustee for the public, the Legislature is responsible for protecting the integrity of the navigable waters for current and future commercial and recreational use by citizens.
Next Steps
The Legislature should pass the Surface Water Withdrawal Permitting Act (S.428), which gives the state the authority to manage our limited surface water supply by:
Requiring a permit from the Department of Health and Environmental Control (DHEC) for surface water withdrawals of 3 million gallons or more per month. Applicants would be required to demonstrate “reasonable use.”
Directing DHEC to establish the minimum instream flow and safe yield for all river basins in the state. Minimum instream flow is the flow downstream of a point of withdrawal not subject to allocation that is necessary to maintain the biological, chemical and physical integrity of the stream.
“Grandfathering” existing surface water withdrawers into the program at their current level or at a reasonable predicted future level of use. Existing withdrawers must adhere to permit criteria and then submit a full application upon renewal.
For more information:
Blan Holman, Southern Environmental Law Center, 919-967-1450
Nancy Vinson, Coastal Conservation League, 843-723-8035
Heather Spires, Coastal Conservation League, 803-771-7102
Fast Facts
“Surface” designates water flowing or stored on the surface of the earth in streams and rivers, natural lakes, man-made reservoirs and wetlands.
DHEC has no authority to regulate withdrawals of surface water unless the water is discharged somewhere else.
Florida, Georgia, and Kentucky issue permits for surface water withdrawals. North Carolina has permitting authority through their capacity use program.
Attorney General McMaster supports S.428 as beneficial to the state’s lawsuit against North Carolina over a proposed inter-basin transfer. Any permitting program will be an important consideration in negotiating water-sharing agreements with neighboring states.