How are water rights determined?

In South Carolina, water rights are determined primarily by the Water Resources Act of 1975 and the laws of surface and ground water appropriation. This act provides for the appropriation of surface and ground water as a public trust resource. It also has specific regulations governing water allocation in the state. Water allocation begins with the soil and water conservation district, which is responsible for authorizing the use of water in a particular area. These water allocations are based on the amount of water available and the needs of the surrounding community. The state determines how much water is available to each county based on the needs of the county and the expected rate of development. Once the water allocation is set, the state then determines who holds the right to use the water. This is done through a process called riparian rights, which means that the person or entity who owns the land near a body of water has the right to use it. Riparian rights also depend on the type of water body and the size of the parcel of land that a person or entity owns. Finally, if an individual or entity seeks to use water that has already been allocated, the person or entity must obtain a permit from the South Carolina Department of Health and Environmental Control. This permit will determine the specifics of how the water can be used, the duration for which it can be used, and any special conditions that must be met.

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