Governor’s State Water Law Review Committee Recommendations 1982: Implementation Update David G. Baize Bureau of Water
Dec 16, 2015
Governor’s State Water Law Review Committee Recommendations 1982:
Implementation Update
David G. BaizeBureau of Water
Recommendation A
• The State’s role in water resources be recognized so that water, in all its forms, be viewed as subject to a public trust
• Recommended a comprehensive state water policy be enacted
Recommendation A: Implementation
• Legislative declaration in Groundwater Use and Reporting Act:The groundwater resources of the State be put to beneficial use to the fullest extent to which they are capable…to conserve and
protect these resources, prevent waste, and to provide and maintain conditions which are conducive to the development and use
of water resources
Recommendation A: Implementation
• No such Legislative declarations in other Acts:– Surface Water Withdrawal and Reporting Act– Drought Response Act– Interbasin Transfer of Water Act– Water Resources Planning and Coordination
Act
Recommendation B
• The state be made aware of, and if appropriate, intervene in, actions affecting water rights.
• Recommended a notice/intervenor statute be adopted
Recommendation B: Implementation
• Not adopted
Recommendation C
• As large withdrawals of surface water are not regulated, and impacts will be significant, develop a state policy to regulate them– Significant diversion of water from surface
water courses and diversions of water from one watershed to another
Recommendation C: Implementation
• Interbasin Transfer Act promulgated
• Large surface water withdrawals registered and water use reported, but no permit required
Water Use for South Carolina
Water Use Reporting Requirements
• Any source or system that withdraws over 3 million gallons of groundwater or surface water in any month must be registered with the Department
• Registered users report the actual groundwater or surface water withdrawals and uses annually
Reported Power Vs. Non-Power Water Withdrawal for 2002 (Ground and Surface)
2.99%
97.01%
Power
Non-Power
97% of the 14.3 trillion gallons of water withdrawn in the State is for non-consumptive (power production) use
19%
81%
Groundwater
Surface Water
Reported Total Water Withdrawal for 2002 by Non-Powered Users
81% of the 428 billion gallons of water withdrawn for consumptive use is surface water
Reported Total Water Withdrawal for 2002 by Non-Powered Users (Ground and Surface)
50% of the 428 billion gallons of water withdrawn for consumptive use is withdrawn for water supply
38.99%
6.93%
49.61%
3.18%
0.74%0.53%
0.02%
Water Supply
Irrigation
Industry
Golf Course
Mining
Aquaculture
Other
23.20%
14.55%
2.24% 0.54%2.85%
5.19%
53.82%
Water Supply
Irrigation
Industry
Golf Course
Mining
Aquaculture
Other
Reported Groundwater Withdrawal for 2002 by Non-Powered Users
54% of the 80.5 billion gallons of groundwater withdrawn for consumptive use is withdrawn for water supply
0.60%0.25%2.72%
3.16%
48.63%44.64%
Water Supply
Industry
Irrigation
Golf Course
Aquaculture
Mining
Reported Surface Water Withdrawal for 2002 by Non-Powered Users
49% of the 348 billion gallons of surface water withdrawn for consumptive use is withdrawn for water supply
Recommendation D
• Legislation to provide for the establishment and maintenance of minimum in-stream flows
Recommendation D: Implementation
• Recommended in-stream flows listed in State Water Plan
• Limited regulatory authority to directly enforce minimum flows
Recommendation E
• Obtain comprehensive information about South Carolina’s groundwater resources
Recommendation E: Implementation
• Many different efforts to map aquifers, quantify resources
Recommendation F
• Update the Groundwater Use Act of 1969 – State declare Capacity Use areas upon its own
motion
Recommendation F: Implementation
• The Act was updated in 2000– Anyone can initiate the designation process– Simplified permit trigger to 3 million gallons in
any one month and reduced reporting to annual– Local groundwater management plans– Water Use Reporting Enforceable
Current Designated Capacity Use Areas
• 1979 - Waccamaw – Horry, Georgetown, and part of Marion Counties
• 1981 - Lowcountry – Beaufort, Colleton, and Jasper Counties
• 2002 – Trident – Berkeley, Dorchester, and Charleston Counties
• Currently evaluating Pee Dee Region for Designation
Locations of existing Capacity Use Areas and the proposed Pee Dee Capacity Use Area.
Middendorf Aquifer Water Level Decline
1927 pre-development - 110 feet above sea level
2001 - 85 feet below sea level
Recommendation G
• Develop a drought response plan
Recommendation G: Implementation
• Drought Response Act promulgated
• Updated in 2000
Interstate Agreements
• The Groundwater Use and Reporting Act and the Interbasin Transfer Act have provisions for the negotiation of interstate agreements and compacts
Legislative Gaps Identified from 1982 Recommendations
• No Legislative “public trust” or “beneficial and reasonable use” policy for surface waters
• No water rights suit notification • No permit needed for large surface water
withdrawals• No pro-active mechanism to enforce
minimum stream flows
Potential Solution to Legislative Gaps
• Combine the existing Surface Water Withdrawal and Reporting Act with the Interbaisn Transfer Act – add a permitting component
Why?
• No authority to regulate withdrawals that are not interbasin transfers
• Any regulatory actions would be after a withdrawal caused an impact
• The effects on a withdrawal on surface water body are the same at the point of withdrawal regardless of transfer out of basin or if consumed for use in basin
Why?
• Existing permitting criteria in Interbasin Transfer Act can be easily used
• Consistent with other states – FL, GA, KY, VA, and NC all have authority to permit withdrawals
Effects
• Existing surface water users would be grandfathered into the program
• “Plug” identified legislative gaps
• Permitting criteria based on reasonable and beneficial use consistent with groundwater permitting
• Drought Act still controls drought response