< Section repealed effective January 1, 2011 by 2010 Act No. 247, Section 4.A. >

1. (1) Protect present, and consider projected stream uses of the losing river basin generally and of the losing river specifically including, but not limited to, present agricultural, municipal, industrial and instream uses, and assimilative needs.
2. (2) Protect water quality of the losing river basin.
3. (3) Consider reasonably foreseeable future water needs of the losing river basin.
4. (4) Consider the reasonably foreseeable future water needs of the applicant for the water to be transferred, including methods of water use, conservation, and efficiency of use.
5. (5) Consider beneficial impact on the State and its local subdivisions of any proposed transfer, and the capability of the applicant to implement effectively its responsibilities under the requested permit.
6. (6) Consider the nature of the permittee's use of the water, to determine whether the use is reasonable and beneficial.
7. (7) Consider whether the proposed project shall promote and increase the storage and conservation of water.
8. (8) Consider the feasibility of alternative sources of supply and their comparative costs.
9. (9) Consider impact on interstate water use.
10. (10) Consider requirements of other state or federal agencies with authority relating to water resources.
11. (11) Consider availability of water in the losing river basin to respond to emergencies, including drought.
12. (12) Consider whether the project shall have any beneficial or detrimental impact on navigation, hydropower generation, fish and wildlife habitat, aesthetics, or recreation.

13. (13) Consider such other facts and circumstances as are reasonably necessary to carry out the purposes of this chapter.

    1. (1) Violate the water classification standard system regulation or the stream classification regulation, nor
    2. (2) Adversely affect the public health and welfare. Through its certification DHEC shall insure the protection of the water quality and health of the losing river basin and shall insure the protection of the present and permitted assimilative needs of the losing river basin. DHEC shall use data from stream modeling and instream sampling in making its certification. DHEC may issue a certification with conditions which must be made part of any permit issued pursuant to this chapter.

    3. (b) The department may not deny an interbasin transfer permit on the basis of water quality when it has certified that the water quality of the losing basin or the receiving basin is not adversely affected.

       E. In order to protect the water uses of the losing river basin, the department, in determining the amount of water to be approved, may conduct or have conducted instream sampling and stream modeling to predict the volumes of water which may be transferred. Transferable amounts may vary to accommodate seasonal water conditions in the losing river basin. No transfer of water may be permitted at any time which shall cause the remaining flow in the losing river basin to be less than the statistical low flow that occurs for seven consecutive days, once every ten years as established prior to the interbasin transfer.

       F. The permit shall specify the location of all collection, withdrawal, transmission, and discharge facilities to be used or constructed to effect the interbasin transfer and shall specify the amount or amounts which can be withdrawn. The permit shall require that the interbasin transfer shall cease or decrease when the actual flow of the losing basin is less than a specified minimum required to protect against adverse effects to the basin. The permit shall further require that the permittee comply with other requirements as may be advisable to promote an adequate water supply for the State and to mitigate any adverse conditions or effects which the department finds exist, but are not sufficient to require denial of the permit.

       G. Any riparian landowner or person legally exercising rights to use water, suffering material injury for the loss of water rights as a consequence of an interbasin transfer shall have a cause of action against the water transferor in the court of common pleas of the county in which the water transfer originates to recover all provable damages for loss of riparian rights including increases in operating costs, lost production, or other damages directly caused him by the interbasin transfer; provided, however, this subsection G does not apply to transfers authorized under item (2) of subsection A of Section 49-21-50; provided, further, the immediately preceding proviso may not be construed to abridge or alter causes of actions in the civil courts under the common law or statutory laws existing prior to the effective date of this chapter and any such cause of action against the water transferor must be brought in the court of common pleas of the county in which the transfer originates. The burden of proof is on the person alleging damages.

    D. (a) In addition to the requirements in subsection C. of this section, the department shall not issue a transfer permit except upon certification by the department that the proposed interbasin transfer of water shall neither:

A. The department may grant, deny, or issue with conditions as to quantity or qualities of water, a permit to any person for any interbasin transfer of water upon application for a permit, opportunity for public comment, and a hearing before the department, if the department finds the criteria in subsections B, C, D, and E are met.

B. The applicant shall specify the location of all collection, withdrawal, and transportation facilities and additional information as the department may require. The department shall publish notice of the permit application once a week for four consecutive weeks in a newspaper of general circulation in each river basin area to be affected by the transfer; the department shall publish the notice in the State Register; and the department shall provide notice to each holder of an interbasin water transfer permit within the proposed losing river basin by mailing a notice by registered or certified mail, return receipt requested.

C. In making its determination whether transfer may be permitted, the department shall: