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 Section repealed effective January 1, 2011 by 2010 Act No. 247, Section 4.A. 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

1. (1) twenty years; or

2. (2) a period found by the department to be reasonable based upon review of all relevant facts and circumstances pertaining to the proposed water transfer but for a period no longer than forty years.

   1. (1) Before any permit may be modified, suspended, or revoked the department shall give the permittee notice of the proposed action and afford the permittee an opportunity for a hearing before the board. Any hearing must be conducted pursuant to the South Carolina Administrative Procedures Act (Act 176 of 1977).
   2. (2) All hearings under this section must be before an Administrative Law Judge.
   3. (3) A full and complete record of all proceedings at any hearing under this chapter must be taken by a reporter appointed by the by an Administrative Law Judge or by other method approved by the Attorney General. Any party to a proceeding is entitled to a copy of the record upon the payment of the reasonable cost as determined by the Administrative Law Judge.
   4. (4) The burden of proof at any hearing under this subsection B is upon the moving party.
   5. (5) Any appeal of the decision by the Administrative Law Judge shall be made to the board pursuant to the provisions of the Administrative Procedures Act.

   6. (6) Judicial review and stays of enforcement of the decision of the board must be pursuant to the South Carolina Administrative Procedures Act, but any petition for judicial review or stay of the decision of the board must be filed in the circuit court in the county in which the subject permitted water transfer originates.

      C. Permits may be renewed following their expiration upon a full review of all factors considered issuing a permit for the first time.

      D. Permits may not be transferred except with the approval of the department.

   B. The department may modify, suspend, or revoke any water transfer permit, including authority to transfer water pursuant to Section 49-21-50, for good cause consistent with the following procedures:

A. No permit under Section 49-21-20 may be issued for a longer period than the longest of the following, unless the applicant requests a shorter period: