1. (A) Notwithstanding another provision of law, an entity that has contracted for the right to store water in a reservoir owned by the United States Army Corps of Engineers has exclusive rights to any return flows generated directly or indirectly to that reservoir by the entity. The rights conferred by this subsection must be subject to any regulatory requirements imposed by the South Carolina Department of Environmental Services and to the availability to the entity of unused storage capacity within the reservoir to store such return flows.
2. (B) For purposes of this section, "return flow" means water that is discharged directly or indirectly to a reservoir from a water reclamation facility.

HISTORY: 2022 Act No. 139 (S.1010), SECTION 1, eff April 25, 2022; 2023 Act No. 60 (S.399), SECTION 5, eff July 1, 2024; 2026 Act No. 146 (H.4189), SECTION 247, eff May 15, 2026.

Editor's Note

2026 Act No. 146, SECTION 295, provides as follows:

"SECTION 295. Nothing contained in Act 60 of 2023 modifies decisions of the former Department of Health and Environmental Control or Board of Health and Environmental Control that occurred prior to July 1, 2024. After the effective date of Act 60 of 2023, all issued decisions including, but not limited to, orders, permits, licenses, registrations, and certifications, remain in full force and effect."

Effect of Amendment

2023 Act No. 60, SECTION 5, rewrote the section.

2026 Act No. 146, SECTION 247, rewrote the section.