H 4441 Session 109 (1991-1992)
H 4441 General Bill, By Boan, K.T. Burch, Carnell, C.D. Chamblee, Cooper,
Delleney, B.H. Harwell, J.H. Hodges, D.E. McTeer, C.H. Stone, Townsend and
Wilkes
A Bill to amend Chapter 11, Title 48, as amended, Code of Laws of South
Carolina, 1976, relating to watershed conservation districts, so as to add
Sections 48-11-15 and 48-11-185, delete Section 48-11-80, and revise the
procedures for the creation, organization and function of the districts; to
repeal Act 1316 of 1964, relating to districts in Newberry County, Act 655 of
1965, relating to districts in Jasper County, Act 1179 of 1966, relating to
districts in Allendale County, Act 1196 of 1966, relating to districts in
Beaufort County, Act 1212 of 1966, relating to districts in Charleston County,
Act 1254 of 1966, relating to districts in Darlington County, and other Acts
or parts of Acts inconsistent with Chapter 11, Title 48; to delete provisions
for certain districts which were authorized by Act but were never created at
the local level and, where the districts were authorized by separate Act, to
repeal Act 1084 of 1958, relating to Polk Swamp, Florence County, Act 1085 of
1958, relating to Ebenezer, Florence County, Act 1134 of 1960, relating to
Lynchburg-Shiloh, Sumter and Lee Counties, Act 1097 of 1962, relating to
Coward, Florence County, and Act 1195 of 1962, relating to Crow Creek,
Pickens; to dissolve certain districts which have never implemented works of
improvement and, where the districts were created by separate Act, to repeal
Act 471 of 1961, relating to Eighteen Mile Creek, Pickens and Anderson
Counties, Long-Cane Turkey Creek, Abbeville, Anderson, and Greenwood Counties,
Little River, Abbeville, Anderson, and McCormick Counties, and Rocky River,
Anderson County, Act 567 of 1961, relating to Long Cane-Turkey Creek, Act 1081
of 1962, relating to Catfish Creek-Smith Swamp, Marion, Dillon, and Marlboro
Counties, Kentyre-Hamer, Dillon County, and Reedy Creek, Dillon and Marlboro
Counties, Act 493 of 1965, relating to Long Cane-Turkey Creek, Act 640 of
1965, relating to Sanders Branch-Crooked Creek, Hampton County, Act 671 of
1965, relating to Little River, Act 691 of 1965, relating to Eighteen Mile
Creek, and Act 725 of 1965, relating to Clark's Fork-Bullocks Creek, York
County, Stony Fork, York County, and Sugar Creek, York and Lancaster Counties;
and to provide for the terms of the directors of the districts serving on the
effective date of this Act and for the terms of their successors.
02/25/92 House Introduced and read first time HJ-6
02/25/92 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-8
A BILL
TO AMEND CHAPTER 11, TITLE 48, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED
CONSERVATION DISTRICTS, SO AS TO ADD SECTIONS 48-11-15
AND 48-11-185, DELETE SECTION 48-11-80, AND REVISE THE
PROCEDURES FOR THE CREATION, ORGANIZATION, AND
FUNCTION OF THE DISTRICTS; TO REPEAL ACT 1316 OF 1964,
RELATING TO DISTRICTS IN NEWBERRY COUNTY, ACT 655 OF
1965, RELATING TO DISTRICTS IN JASPER COUNTY, ACT 1179
OF 1966, RELATING TO DISTRICTS IN ALLENDALE COUNTY,
ACT 1196 OF 1966, RELATING TO DISTRICTS IN BEAUFORT
COUNTY, ACT 1212 OF 1966, RELATING TO DISTRICTS IN
CHARLESTON COUNTY, ACT 1254 OF 1966, RELATING TO
DISTRICTS IN DARLINGTON COUNTY, AND OTHER ACTS OR
PARTS OF ACTS INCONSISTENT WITH CHAPTER 11, TITLE 48;
TO DELETE PROVISIONS FOR CERTAIN DISTRICTS WHICH
WERE AUTHORIZED BY ACT BUT WERE NEVER CREATED AT
THE LOCAL LEVEL AND, WHERE THE DISTRICTS WERE
AUTHORIZED BY SEPARATE ACT, TO REPEAL ACT 1084 OF
1958, RELATING TO POLK SWAMP, FLORENCE COUNTY, ACT
1085 OF 1958, RELATING TO EBENEZER, FLORENCE COUNTY,
ACT 1134 OF 1960, RELATING TO LYNCHBURG-SHILOH,
SUMTER AND LEE COUNTIES, ACT 1097 OF 1962, RELATING
TO COWARD, FLORENCE COUNTY, AND ACT 1195 OF 1962,
RELATING TO CROW CREEK, PICKENS; TO DISSOLVE
CERTAIN DISTRICTS WHICH HAVE NEVER IMPLEMENTED
WORKS OF IMPROVEMENT AND, WHERE THE DISTRICTS
WERE CREATED BY SEPARATE ACT, TO REPEAL ACT 471 OF
1961, RELATING TO EIGHTEEN MILE CREEK, PICKENS AND
ANDERSON COUNTIES, LONG-CANE TURKEY CREEK,
ABBEVILLE, ANDERSON, AND GREENWOOD COUNTIES,
LITTLE RIVER, ABBEVILLE, ANDERSON, AND MCCORMICK
COUNTIES, AND ROCKY RIVER, ANDERSON COUNTY, ACT 567
OF 1961, RELATING TO LONG CANE-TURKEY CREEK, ACT 1081
OF 1962, RELATING TO CATFISH CREEK-SMITH SWAMP,
MARION, DILLON, AND MARLBORO COUNTIES,
KENTYRE-HAMER, DILLON COUNTY, AND REEDY CREEK,
DILLON AND MARLBORO COUNTIES, ACT 493 OF 1965,
RELATING TO LONG CANE-TURKEY CREEK, ACT 640 OF 1965,
RELATING TO SANDERS BRANCH-CROOKED CREEK,
HAMPTON COUNTY, ACT 671 OF 1965, RELATING TO LITTLE
RIVER, ACT 691 OF 1965, RELATING TO EIGHTEEN MILE
CREEK, AND ACT 725 OF 1965, RELATING TO CLARK'S
FORK-BULLOCKS CREEK, YORK COUNTY, STONY FORK,
YORK COUNTY, AND SUGAR CREEK, YORK AND LANCASTER
COUNTIES; AND TO PROVIDE FOR THE TERMS OF THE
DIRECTORS OF THE DISTRICTS SERVING ON THE EFFECTIVE
DATE OF THIS ACT AND FOR THE TERMS OF THEIR
SUCCESSORS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 11, Title 48 of the 1976 Code, as last amended
by Act 173 of 1987, is further amended to read:
"CHAPTER 11
Watershed Conservation Districts
Section 48-11-10. Whenever As used or referred
to in this chapter, unless a different meaning clearly appears from
the context:
(1) `Watershed conservation district' means a governmental
subdivision of this State, and a public body corporate and
politic, organized and functioning in accordance with
the provisions of this chapter, for the purposes and with
the powers and duties provided herein, in this
chapter and subject to the its restrictions
hereinafter set forth.
(2) `Director' means one of the members of the governing body
of a watershed conservation district, elected selected in
accordance with the provisions of this chapter,
and. `Board of directors' means the governing body of a
watershed conservation district.
(3) `Soil and water conservation district' means a governmental
subdivision of this State, and a public body corporate
and politic, organized in accordance with the provisions
of Chapter 9 of Title 48, for the purposes, with the
powers, and subject to the restrictions therein set forth, and
shall apply in the chapter. It applies to all districts
organized under such provisions of law, including
those districts originally designated as `soil conservation
districts'.
(4) `Commissioner' means one of the members of the governing
body of each soil and water conservation district in which any
part of a watershed conservation district is situated, and.
`Board of commissioners' means the governing body of the soil and
water conservation district in which a watershed conservation district is
situated or, if the watershed conservation district is situated in more than
one soil and water conservation district, the joint governing bodies of
such the districts.
(5) `Petition' means a petition filed under the provisions of
Section 48-11-40 for the creation of a watershed conservation district.
(6) `Nominating petition' means a petition filed under the
provisions of Section 48-11-100(B) or (C) to nominate
candidates for the office of director of a watershed conservation district.
(7) `State' means the State of South Carolina.
(8) `Landowner' or `Owner of land' includes any
a person, firm, or corporation who shall hold
holding legal or equitable title to any lands, or
interest therein, in lands lying within a watershed
conservation district organized under the provisions of this
chapter.
(9) `Qualified elector' includes any a person
qualified to vote in elections by the people under the Constitution of this
State.
(10) `Due notice' means notice published at least twice, with an
interval of at least one week between the two publication dates, in a
publication of general circulation within the appropriate area or, if no
such publication of general circulation is available, notice posted
at a reasonable number of conspicuous places within the appropriate
area, such posting to include,. When possible,
posting notice must be posted at public places where it
is customary to post notices concerning county or municipal affairs
generally.
(11) `Watershed' means the drainage area contributing
stormwater runoff to a single point.
Section 48-11-15. The South Carolina Land Resources
Conservation Commission shall assist boards of commissioners of soil
and water conservation districts and boards of directors of watershed
conservation districts with the organization and function of watershed
conservation districts. For the purpose of this chapter, the responsibility
of the commission is limited to this activity. The construction, operation
and maintenance of watershed works of improvement are the sole
responsibility of watershed conservation districts and others as specified
in documents for the works of improvement.
Section 48-11-20. Watershed conservation districts may be
established as hereinafter provided in this chapter
within one or more soil and water conservation districts for the
purpose of developing to develop and executing
execute plans and programs relating to any a
phase of the control and or prevention of soil
erosion, flood prevention, or flooding; or the
conservation, protection, improvement, development
and, or utilization of soil and water resources,
and; stormwater management; or the disposal of water. This
authority is applicable to applies, but is not
limited to, the planning and carrying out of works of
improvement for the foregoing purposes which may be considered by
the United States Secretary of Agriculture under the Watershed
and Flood Prevention Act, 68 Stat. 666, as amended, and does not affect
the existing procedures followed by local interests in the planning and
construction of water resources development projects of other
agencies; provided. However, that this chapter
may be used when, in the opinion of those agencies, such
the use is advisable or expedient.
Section 48-11-30. The area embraced in a watershed conservation
district shall must be contiguous, shall
must lie within a well-defined watershed, and shall
must be situated within one or more soil and water conservation
districts. Such The area shall may not
include lands located within the boundary of any incorporated city
or town, or lands embraced in another watershed conservation
district.
Section 48-11-40. When twenty-five or more owners of land
lying qualified electors residing within a proposed
watershed conservation district, or, if less than fifty landowners
qualified electors are involved, a majority of such
landowners the qualified electors, desire to form a
watershed conservation district, they shall file a petition with the
board of commissioners of the soil and water conservation
district in which the proposed watershed conservation district is situated,
asking that a watershed conservation district be organized to function in
the area described in the petition. Such The petition
shall must:
(1) set forth the proposed name of the watershed conservation
district;
(2) state that there is need, in the interest of the
public health, safety, and welfare, for a watershed conservation
district to function in the territory described in the petition;
(3) include a description map of the
territory proposed to be organized as a watershed
conservation district, which description need not be given by metes
and bounds or by legal subdivisions, but shall be deemed sufficient if
generally accurate;
(4) state the approximate number of acres of land
included in the proposed watershed conservation district; the
maximum rate, expressed in mills on each dollar of assessed valuation,
at which
(5) state the authority for taxes may to be
levied for any one each fiscal year for the purposes of
the watershed conservation district, except that such limitation shall
not be applicable to the levy of taxes authorized in Section 48-11-120
for the payment of interest on indebtedness or bonds or to amortize
indebtedness or bonds; and
(6) include a request that the area described in the petition
be established as a watershed conservation district.
Section 48-11-50. If the proposed watershed conservation district is
situated in more than one soil and water conservation district, a copy of
the petition shall must be presented to the governing
body board of commissioners of each soil and water
conservation district in which any part of such
the proposed watershed conservation district is situated,
and. The commissioners of all such the
soil and water conservation districts shall act as a joint board of
commissioners with respect to all matters concerning such
the watershed conservation district, including its creation.
Such The watershed conservation district shall
must be organized in like manner and shall have the
same powers and duties as a watershed conservation district situated
entirely in one soil and water conservation district.
Section 48-11-60. (1)(A) Within thirty days after
such the petition has been filed with the board
of commissioners of the soil and water conservation district,
they the board shall cause due notice to be given of a
public hearing upon on the desirability and
necessity, in the interest of the public health, safety, and welfare, of the
creation of the watershed conservation district and the administrative
practicability and feasibility of the operation of the watershed
conservation district. All interested parties shall have the right
to may attend such the hearing and
to be heard. If it shall appear appears at the
hearing that other lands should must be included in the
petition or that land included in the petition should must
be excluded, the board of commissioners may permit
such the inclusion or exclusion, provided
if the land area involved still meets the requirements of Section
48-11-30.
(2)(B) If it appears upon the hearing that it may be
desirable to include within the proposed watershed conservation district
territory outside of the area within which due notice of the hearing has
been given, the hearing shall must be adjourned
and, within thirty days, due notice of a further hearing
shall must be given throughout the entire area
considered for inclusion in the proposed watershed conservation district,
and such the further hearing shall must
be held. After final hearing, Within sixty days after final
hearing the board of commissioners shall determine whether the
proposed watershed conservation district is needed. If the
commissioners determine, upon the facts presented at the hearing and
upon other available information, that there is need, in the
interest of the public health, safety, and welfare, for a watershed
conservation district to function in the territory considered at the hearing
and that the operation of the watershed conservation district is
administratively practicable and feasible, they shall make
and record in their minutes such the
determination, and shall submit the determination in writing
to the clerks of court of the applicable counties. The determination
shall define the boundaries of the proposed watershed conservation
district.
(3)(C) If the board of commissioners
determine after such the hearing that there is no need for
a watershed conservation district to function in the territory considered
at the hearing, they or that the operation of the watershed
conservation district is not administratively practicable or feasible, the
board shall make and record in their its
minutes such the determination and shall deny the
petition. A new petition must not be filed until two years after the
date of determination of denial of the previous petition.
Section 48-11-70. After the board of commissioners of the
soil and water conservation district have made and has
recorded a determination that there is need, in the interest of the
public health, safety, and welfare, for a watershed conservation
district to function in the territory considered at the hearing,
and that the operation of the watershed conservation district is
administratively practicable and feasible and have
has defined the its boundaries thereof,
they the board shall consider the question of whether
the operation of a watershed conservation district within the proposed
boundaries with the powers conferred upon it by this chapter is
administratively practicable and feasible. To assist the commissioners in
making this determination, they shall, within a reasonable time after the
entry of a finding that there is need for the organization of a watershed
conservation district and the determination of the boundaries thereof,
hold a referendum within the proposed watershed conservation district
upon the proposition of the creation of the watershed conservation
district determine whether the majority of the qualified electors
residing in the proposed watershed conservation district desire that the
district be created. To make this decision a referendum to approve or
disapprove the creation of the watershed conservation district must be
held by the county election commission in the next scheduled
countywide election in the counties in which the proposed district is
located. Only qualified electors residing in the watershed are eligible to
vote in the referendum. Applicable rules of the election apply to the
referendum. Due notice of the referendum shall
must be given by the board of commissioners.
Such The notice shall must describe the
boundaries of the proposed watershed district as determined by the
board of commissioners of the soil and water conservation
district, as provided in Section 48-11-60 (2), (B) and
shall must state the question to be voted upon, the
date of holding the referendum, the hours of opening and closing the
polls, and shall designate one or more places within the proposed
watershed conservation district as polling places. The commissioners
shall have complete charge of the referendum and shall have suitable
ballots printed and furnished to each polling place, appoint necessary
box managers and other officials considered necessary in the proper
conduct of the referendum, and shall canvass the referendum and
announce the results. The cost of holding the referendum shall be paid
from the general fund of the county concerned, and if more than one
county is involved, the cost shall be borne by each county in proportion
to the area of each county included in the proposed district. Such costs
shall be reimbursed to the county, or counties, upon establishment of the
district and collection of the tax hereinafter provided for
authority for taxes to be levied each fiscal year for the purposes of
the watershed conservation district. If the majority of the
qualified electors voting in the referendum approve the creation of the
watershed conservation district, the district is established and must be
organized pursuant to this chapter.
Section 48-11-80. The question to be voted on shall be printed
upon the ballots as follows: "For creation of Watershed
Conservation District" "Against creation of Watershed
Conservation District"
A square shall follow each proposition. The ballot shall contain a
direction to insert an "X" mark in the square following one
or the other of the propositions as the voter may favor or oppose creation
of the watershed conservation district. All qualified electors of the
proposed watershed conservation district shall be eligible to vote in the
referendum. Qualified voters may vote by absentee ballot in the
referendum under such rules and regulations as may be prescribed by the
commissioners. No informalities in the conduct of the referendum or in
any matters relating thereto shall invalidate the referendum or the result
thereof if notice shall have been given substantially as herein provided
and the referendum shall have been fairly conducted.
Section 48-11-90. The votes county election
commission shall be counted by the referendum officials
tabulate the results of the referendum at the close of the polls
and a report of the results, together with the ballots, shall be
delivered and certified to the commissioners of the soil and water
conservation district; and thereafter the commissioners shall determine
whether the operation of the watershed conservation district within the
defined boundaries is administratively practicable and feasible. If the
commissioners determine that the operation of such district is not
administratively practicable and feasible, they shall record such
determination and deny the petition. If the commissioners determine that
the operation of the district is administratively practicable and feasible,
they shall record such determination and shall proceed with the
organization of the district in the manner hereinafter set forth. The
commissioners shall not have authority to determine that the operation
of the district is administratively practicable and feasible unless at least
a majority of the votes cast in the referendum upon the proposition of the
creation of the district shall have been cast in favor of the creation of
such district. If the commissioners shall determine that the operation of
such district is administratively practicable and feasible, they shall
certify such determination certify the results to the
clerk clerks of court of the county or counties
in which any part of the district is situated. Upon proper
recordation of the referendum results by the clerk
clerks of court of such determination, the watershed
conservation district shall constitute constitutes a
governmental subdivision of this State and a public body corporate and
politic. After being recorded, such certification shall be filed with the
State Soil and Water Conservation Committee. The rate at which taxes
for any one fiscal year may be levied for the purposes of such district
shall be subject to the limitation set forth in the petition for
establishment of the district as provided for in Section 48-11-40
recording the results the clerks of court shall notify the board of
commissioners in writing that the watershed conservation district has
been created, and the soil and water conservation district board shall
submit to the Land Resources Conservation Commission a copy of the
notification.
Section 48-11-100. (1)(A) The governing body of
the each watershed conservation district shall
consist consists of five directors, elected
selected as provided herein in this section.
No person may be a director who is not a qualified elector residing
in the district.
(2) Within thirty days after a watershed conservation district has
been created, nominating petitions may be filed with the commissioners
of the soil and water conservation district to nominate candidates for
directors of the watershed conservation district. A nominating petition
to be submitted to the commissioners must be signed by not less than
twenty-five qualified electors of the watershed conservation district.
Qualified electors may sign more than one such nominating petition to
nominate more than one candidate for director. If the candidates
nominated do not exceed the number of directors to be chosen, the
commissioners shall declare them to be elected. No person shall be
eligible to be a director of a watershed conservation district who is not
a qualified elector of the watershed conservation district within which
he seeks election.
(3) The commissioners shall, within a reasonable time after the
expiration of the thirty day nominating period, cause an election to be
held within the watershed conservation district for the election of five
directors of such district. The provisions of Sections 48-11-70, 48-11-80,
and 48-11-90 as to notice, qualifications of voters, absentee voting, and
the manner of holding the referendum in organizing a watershed
conservation district, shall apply insofar as practicable to the election of
the directors. The names of all nominees on behalf of whom nominating
petitions have been filed as hereinabove provided shall be printed,
arranged in alphabetical order of their surnames, upon ballots with a
square before each name and a direction to insert an "X"
mark in the square before any five names to indicate the voter's
preference. All qualified electors of the district shall be eligible to vote
in the election. The five candidates who shall receive the largest number
respectively of the votes cast in such election shall be the elected
directors of the watershed conservation district.
(B) The first directors of the watershed conservation district
after the district has been created must be elected in a nonpartisan
election conducted by the county election commission when county
officers are elected in the general election. To be placed on the ballot
each candidate shall submit to the county election commission a
nominating petition with the signatures of twenty-five qualified electors
residing in the watershed conservation district, or, if less than fifty
qualified electors reside in the district, a majority of the qualified
electors. The official number of qualified electors residing in a
watershed conservation district is the number of registered electors
residing in the district and registered one hundred twenty days before the
date of the election for which the nomination petition is being submitted.
The candidate named in each petition must be placed on the appropriate
official ballot for the election if the petition is submitted to the county
election commission not later than twelve noon on August first or, if
August first falls on Sunday, not later than twelve noon on the following
Monday. The form of the petition must comply with the requirements
in Section 7-11-80 pertaining to the conduct of general elections not
conflicting with this section. This election must be conducted pursuant
to Title 7, mutatis mutandis, except as otherwise provided in this
section. The five elected directors shall, under the general
supervision of the board of commissioners of the soil and water
conservation district, be are the governing body of the
watershed conservation district.
(4)(C)(1) Of the directors first elected, the two
receiving the largest number of votes shall serve for terms of
four years, the two receiving the next largest number of votes
shall serve for terms of three years, and the one receiving the
next largest number of votes shall serve serves for a
term of two years.
(2) The term of office of each of their successors
shall be is four years and the selection of successors
shall be in the same manner as provided for original directors,
except that in case of lieu of election successors may
be appointed in watershed conservation districts if:
(a) One of the sponsors, other than the watershed conservation
district board of directors, of each phase of each work of improvement
conducted by the district, including operation and maintenance of the
work of improvement, has the authority to levy an annual tax on the real
property in the district for that phase of the work of improvement;
(b) The watershed conservation district has sufficient
funds, other than taxes levied by the district on real property in the
district, to pay the expenses of the district.
(3) Twenty-five or more qualified electors residing in a
watershed conservation district may submit a petition to the board of
commissioners of the soil and water conservation district for the
procedure by which watershed conservation district directors are
selected to be changed from election to appointment. The board of
commissioners shall determine whether the prerequisites for
appointment described in item (1) are met. To help make this decision
the board shall give due notice of and hold a public hearing on the
proposed change within sixty days after receiving the petition. After the
public hearing the board of commissioners shall determine whether the
prerequisites are met.
(4) If the board of commissioners determine that the
prerequisites are met, a referendum to approve or disapprove the change
in the procedure for selecting watershed conservation district directors
must be held by the county election commission in the next scheduled
countywide election in the counties where the watershed conservation
district is located. Applicable rules of the scheduled election apply to
the referendum. Due notice of the referendum must be given by the
county election commission. Notice must state that, if the procedure for
selecting watershed conservation district directors is changed from
election to appointment, the change is effective as current terms expire
and that the authority of the watershed conservation district to levy an
annual tax on real property in the district ceases when the first of the
current terms expires and has been filled by appointment and continues
as long as directors are appointed instead of elected. Only qualified
electors residing in the watershed conservation district may vote in the
referendum.
(5) The county election commission shall tabulate the results
of the referendum, submit the results in writing to the board of
commissioners of the soil and water conservation district, and certify the
results to the clerks of court of the counties in which the watershed
conservation district is located. If a majority of the votes cast in the
referendum favor changing the procedure for selecting watershed
conservation district directors from election to appointment, the board
of commissioners shall submit written notification to the county election
commission, county auditors, sponsors of works of improvement of the
watershed conservation district, watershed district directors, and the
Land Resources Conservation Commission that the selection procedure
is changed when current terms expire and that the authority of the
watershed conservation district board to levy an annual tax on real
property in the district ceases, when the first of the current terms expires
and has been filled by appointment and continues as long as directors are
appointed instead of elected.
(6) The governing body of each county in which the watershed
conservation district is located shall appoint one director each, and the
board of commissioners of the soil and water conservation district shall
appoint the remaining directors. To be considered for appointment by
the board of commissioners of the soil and water conservation district or
the county governing body, an individual shall submit to the board or
body from which appointment is sought a nominating petition with the
signatures of twenty-five qualified electors residing in the watershed
conservation district, or, if less than fifty qualified electors reside in the
district, a majority of the qualified electors. The official number of
qualified electors residing in a watershed conservation district is the
number of registered electors residing in the district and registered one
hundred twenty days before the date by which nominating petitions must
be submitted. The board of commissioners and the county governing
body shall give due notice that they will receive petitions to nominate
candidates to be appointed as watershed conservation district directors.
Due notice must be given at least sixty days before the date by which
petitions must be submitted.
(7) The board of commissioners of the soil and water
conservation district shall:
(a) maintain records on the election and appointment of
directors;
(b) coordinate appointments by the county governing
bodies including written notification to the county governing bodies at
least ninety days before the expiration of each term to be filled through
appointment by the county governing body;
(c) submit in writing to the Land Resources Conservation
Commission the name of each elected or appointed director within thirty
days of election or appointment.
(8) When each phase of a work of improvement of a
watershed conservation district for which directors are appointed does
not have a sponsor with authority to levy an annual tax on real property
in the district for that phase of the work of improvement, or when the
watershed conservation district does not have sufficient funds to pay the
expenses of the district, the procedure for selecting watershed
conservation district directors must be changed from appointment to
election, and the board of commissioners shall notify in writing the
county election commission, county auditor, sponsors of works of
improvement of the watershed conservation district, watershed
conservation district directors, and the Land Resources Conservation
Commission that the selection procedure is changed when current terms
expire and that when current terms expire and have been filled by
election, the watershed conservation district board may levy an annual
tax on real property in the district as long as directors are elected instead
of appointed.
For a vacancy occurring before the expiration of any
the term of an elected director, a successor to serve for
the unexpired portion of the term shall must be
appointed by the remaining members of the board of
directors, with the approval of the board of commissioners.
(D) Any For a vacancy occurring before the
expiration of the term of an appointed director, a successor to serve for
the unexpired portion of the term must be appointed by the body that
made the original appointment. A director may be removed
from office by the board of commissioners upon notice and
hearing for neglect of duty or malfeasance in office, but for no
other reason.
(5)(E) For each calendar year The
the directors shall annually shall elect from
among their number a chairman, secretary, and treasurer and so
notify the soil and water conservation district and the Land Resources
Conservation Commission by March thirty-first each year. The
board of directors may, with the approval of the board of
commissioners of the soil and water conservation district,
may employ such officers, agents, and other employees
as they may require, it requires and shall
determine their qualifications, duties, and compensation. The board of
directors shall provide for the execution of surety bonds for such
the officers, agents and, or employees as
shall be entrusted with funds or property of the watershed
conservation district, and shall provide tort liability
insurance for each director of the watershed conservation district
board, for the keeping of a full and accurate record of the
proceedings, resolutions, and other actions of the board, and for the
making and publication of an annual audit of the accounts of
receipts and disbursements of the watershed conservation
district. The watershed conservation district board shall submit a
copy of the audit to the county treasurer and to the board of
commissioners of the soil and water conservation district. The
watershed conservation district board shall submit written notification
to the Land Resources Commission within one hundred twenty days
following the end of the district's fiscal year that the audit has been
made, the date of the audit, and the name of the firm that or individual
who made the audit.
(6)(F) The directors shall may
receive no compensation for their services, but they may be reimbursed
from the budget of the watershed conservation district or from
another local source for expenses, including traveling expenses,
necessarily incurred in the discharge of their powers and duties
as approved by the board of commissioners.
Section 48-11-110. A watershed conservation district organized
under the provisions of this chapter shall constitute
constitutes a governmental subdivision of this State, and a
public body corporate and politic, exercising public powers, and
such. The district and the its board
of directors thereof shall, to develop and execute plans
and programs for the control or prevention of soil erosion or flooding,
to conserve, protect, improve, develop, or utilize soil and water
resources, to provide stormwater management, or to dispose of
water, subject to the general supervision of the board of
commissioners of the soil and water conservation district, have the
following powers, and duties in addition to others
granted by this chapter:
(1) To acquire, by purchase, exchange, lease, gift,
grant, bequest, devise, or through condemnation actions lands,
easements, or rights-of-way needed to carry out any an
authorized purpose of the watershed conservation
district;, and to sell, lease, or otherwise dispose
of any of its property or interests in the property for the purposes
and provisions of this chapter. The condemnation of an existing public
use must be denied unless it may be shown that the specific property to
be condemned is absolutely essential to the watershed
conservation district, and the use to be condemned
materially does not materially impair the existing public
use;
(2) To construct, reconstruct, repair, enlarge, and
improve, operate, and maintain such the works of
improvement as may be necessary or convenient for the
performance of any of the operations authorized by this chapter
and shall provide operation and maintenance for works of
improvement;
(3) To borrow money and to execute promissory
notes and other evidences of debt in connection therewith
with them for payment of the costs and expenses of organizing
the watershed conservation district or for carrying out any
an authorized purpose of such the district,
and if promissory notes are issued, to execute
such the mortgages on any real property owned
by the district, or assign or pledge such the
revenues, including anticipated tax revenues, of the district as may
be required by the lender as security for the repayment of the
loan;, and to issue, negotiate, and sell its bonds,
notes, and other evidences of debt as provided in Section 48-11-120;
(4) To sue and be sued in the name of the district;
to, have a seal which seal shall be judicially
noticed; to seal, have perpetual succession unless
terminated as hereinafter provided; in this
chapter, and to make and execute contracts and other
instruments, necessary or convenient to the exercise of its
powers;
(5) To levy an annual tax as hereinafter provided
in this chapter on the real property within the district for
payment of the costs and expenses of organizing the watershed
conservation district or for carrying out any an
authorized purpose, power, or duty of the district.;
(6) receive services and receive and disburse funds from federal,
state, local, or other governmental or private sources;
(7) employ appropriate consultants, advisors, and employees
and fix and pay them compensation from funds available to the
district.
Section 48-11-120. (1)(A) Bonds, notes, and other
evidences of debt authorized by Section 48-11-110(3)
shall must not be issued until proposed by order or
resolution of the directors of the watershed conservation district,
specifying the purpose for which the funds are to be used and the
proposed undertaking, the amount of bonds to be issued, and
the maximum rate of interest they are to bear. A copy of the order or
resolution shall must be certified to the board
of commissioners of the soil and water conservation district.
(2)(B) The board of commissioners shall
hold a hearing on any such a proposal for bonds or other
long term indebtedness that is required by law to be voted upon
at an election after having given due notice of such the
hearing. If it appears that the proposal is within the scope and purpose
of this chapter and meets all other requirements of the law, the proposal
shall must be submitted to the qualified electors
of residing in the watershed conservation
district by a referendum held by the commissioners in the
next scheduled countywide election in the counties.
(3)(C) The provisions of Sections 48-11-70,
48-11-80, and 48-11-90 as to notice, qualifications of voters, absentee
voting, and manner of holding the referendum in organizing a watershed
conservation district shall Applicable rules of the election
apply insofar as practicable to the referendum held under this
section. Due notice of the referendum must be given by the
county election commission.
(4)(D) If two thirds of the votes cast in such
the referendum favor the proposal, the directors shall be
authorized to may issue such the bonds.
(5)(E) The type of indebtedness incurred or bonds
issued shall be is that adopted by the board of directors
of the watershed conservation district.
(6)(F) The board of directors shall, if
necessary for the payment of interest or any indebtedness
incurred or bonds issued by the district, or to amortize any
such indebtedness or bonds, shall levy an annual tax on real
property within the watershed conservation district. For the purposes of
such the tax levy the assessed valuation of the real
property shall be is the same assessed valuation that
is used for the general county levy; and such.
The tax shall must be levied and collected in
the same manner as provided herein for the levy and
collection of other taxes authorized by this chapter.
Section 48-11-130. (A) At least once every five years the
board of directors of each watershed conservation district shall establish
an operating budget for the purposes of the district. The budget must
be established only after the board provides due notice of and conducts
a public hearing at which all residents of the watershed conservation
district and owners of land lying in the district have an opportunity to be
heard concerning the proposed budget. After the hearing the operating
budget must be set by the board of directors after it is approved by the
board of commissioners of the soil and water conservation district. The
annual itemized budget prepared by the watershed conservation district
board according to subsection (B) may not exceed the most recently
established operating budget.
(B) Within the first quarter of each calendar year the
board of directors of the watershed conservation district shall
prepare an itemized budget of the funds needed during the upcoming
fiscal year for costs and expenses of organizing the district, for
administration of the district, and for carrying out any
an authorized purpose, power, or duty of the
district, including construction, operation, and
maintenance of works of improvement. After approval of The
budget must be approved by the board of
commissioners of the soil and water conservation district, the county
auditor shall levy a tax sufficient to meet the budget on all real property
within the watershed conservation district at a tax rate as determined
annually by the directors, subject to the limitation set forth in the
petition for the establishment of the district in accordance with the
provisions of Section 48-11-40. A copy of such budget shall be certified
to the county auditor of the county or counties involved. A
surplus or deficit in a fiscal year must be carried forward and applied to
the next fiscal year's account and calculated into the budget for that
year.
Section 48-11-140. (1)(A) The board of
directors of a watershed conservation district for which directors are
elected, at its discretion, may levy a tax each fiscal year on real property
in the watershed conservation district to meet all or part of the budget
prepared according to Section 48-11-130(B) for the purposes of the
district. After approval of the budget by the board of commissioners of
the soil and water conservation district, if the board of directors desires
to levy a tax, the board of commissioners shall submit a copy of the
budget in writing to the county auditors of the corresponding counties,
and the county auditors shall levy a tax on all real property in the
watershed conservation district at the millage rate sufficient to meet the
budget, or a portion of it, as specified by the board of directors.
The board of directors of the watershed conservation district
with the assistance of shall provide the boundaries of the
district to the county auditor shall prepare a list of the
landowners in each county involved showing the number of acres
subject to assessment.
(2)(B) When the property tax rolls are delivered to
the county treasurer by the county auditor, as required by law,
the county treasurer shall compute the tax due the watershed
conservation district from each landowner in accordance with the
millage rate fixed set by the directors
county auditor pursuant to subsection (A) and the assessed
valuation of the real property shown on the tax roll. The computation
shall must be made on the regular tax bills.
Section 48-11-150. (1) The county treasurer shall collect the
taxes due the watershed conservation district at the same time and in the
same manner as other taxes of the county are collected. (2) Such
The taxes shall be are subject to the same
provisions of law for due and delinquency dates, discounts,
penalties, and interest and tax liens as are applicable to
county taxes.
Section 48-11-160. Tax funds collected shall must
be transferred to and held by the treasurer of the watershed conservation
district for the specific purpose for which they have been
collected purposes of the district. All Expenditures
of such the funds shall must be made
by the board of directors of the watershed conservation district.
Section 48-11-170. (1)(A) Any One or more
owners of land may petition the board of commissioners of the
soil and water conservation district to have their lands added to a
watershed conservation district. Such The petition
shall set forth must include a map of the boundaries of
the land desired to be annexed, the number of acres of land involved,
and other information pertinent to such the proposal.
When the boundary described embraces lands of others than the
petitioners, the petition shall so must state that
fact and shall must be signed by a majority of the
landowners within the territory described in the petition. If the land
area does not meet the requirement of Section 48-11-30, the board of
commissioners of the soil and water conservation district shall deny the
petition.
(2)(B) If the land described in the petition meets
the requirement of Section 48-11-30, within thirty
sixty days after such the petition is filed, the
commissioners shall cause due notice to be given of and hold
a hearing on such the petition. All Interested
parties shall have a right to may attend such
the hearing and to be heard. After such
the hearing the commissioners shall determine whether the
lands described in the petition or any portion thereof
shall of them must be included in the watershed
conservation district. If the commissioners determine that such
the land should must be added, they shall
certify this fact to the county auditor auditors of the
county or counties involved for recording. After being
recorded, the certification shall be filed with the State Soil and Water
Conservation Committee.
Section 48-11-180. The owner of lands which have not and cannot
be benefitted by their inclusion in the watershed conservation district
may petition the commissioners of the soil and water conservation
district to have such the lands detached. The petition
shall must describe the lands and state the reasons why
they should be detached. A hearing shall must be held
by the commissioners within thirty days after the petition is filed. Due
notice of such the hearing shall must
be given by the commissioners. If it is determined by the commissioners
that such the lands shall must be
detached, such the determination shall
must be certified to the county auditor auditors
of the county or counties involved for recording. After being
recorded, the certification shall be filed with the State Soil and Water
Conservation Committee.
Section 48-11-185. (A) The boards of directors of two or more
watershed conservation districts may petition the board of
commissioners of the soil and water conservation district for the
watershed conservation districts to be consolidated into a single district
but only if the new single watershed conservation district meets the
provisions of Section 48-11-30. The petition must be signed by a
majority of the board of directors of each of the affected watershed
conservation districts. The board of commissioners shall deny the
petition if the proposed watershed conservation district does not meet
the provisions of Section 48-11-30.
(B) Within sixty days after receiving a petition that meets these
requirements, the board of commissioners of the soil and water
conservation district shall give due notice of and hold a public hearing
on the proposed consolidation. After the hearing the board of
commissioners shall determine whether the operation of the newly
proposed single watershed conservation district is administratively
practicable and feasible.
(C) If the board of commissioners determines that the operation
of the new single watershed conservation district is administratively
practicable and feasible, a referendum to approve or disapprove the
consolidation of the watershed conservation districts must be held by the
county election commission in the next scheduled countywide election
in the counties in which the watershed is located. Applicable rules of
the scheduled election apply to the referendum. Due notice of the
referendum must be given by the county election commission. The
notice must name the proposed watershed conservation district and
describe its boundaries and state the authority for taxes to be levied each
year for the purposes of the watershed conservation district. Only
qualified electors residing in the proposed watershed conservation
district may vote in the referendum.
(D) The county election commission shall tabulate the results of
the referendum at the close of the polls, submit a written report of the
results to the board of commissioners of the soil and water conservation
district, and certify the results of the referendum to the clerks of court of
the counties in which the district is situated. If a majority of the votes
cast in the referendum are in favor of consolidation of the watershed
conservation districts into the single district, upon proper recordation of
the referendum results by the clerks of court of the counties, the
watershed conservation district constitutes a governmental subdivision
of this State and a public body corporate and politic and must be
organized and shall function fully in accordance with this chapter. After
recording the results the clerks of court shall notify the board of
commissioners of the soil and water conservation district in writing that
the watershed conservation district has been established. The board of
commissioners shall submit to the Land Resources Conservation
Commission a copy of the notification from the clerks of court.
Section 48-11-190. (1) (A) At Any time
after five years after the organization of a watershed conservation
district, twenty-five or more landowners within such
qualified electors residing in the district, or if less than fifty
landowners qualified electors are involved, a
majority of such landowners them, may file a petition
with the board of commissioners of the soil and water
conservation district asking that the existence of the watershed
conservation district be discontinued. The petition shall
must state the reasons for discontinuance, and that all
obligations of the watershed conservation district have been met. After
giving due notice, the commissioners shall conduct a hearing on
the petition for the purpose of determining to determine
whether the reasons given for discontinuance are valid and that all
obligations have been met. If it is determined that all obligations have
not been met, the petition for discontinuance shall must
be denied. If the watershed conservation district has begun or
completed implementation of a work of improvement that requires or
will require operation or maintenance, the board of commissioners shall
determine that all obligations have not been met and deny the
petition.
(2)(B) If it is determined that the reasons given for
discontinuance are valid and that all obligations have been met,
the board of commissioners shall, within sixty days
notify the county election commission who, and after
giving due notice, shall hold a referendum substantially as
provided for in connection with the establishment of a watershed
conservation district on the discontinuance of the watershed
conservation district in the next countywide election in the county. Due
notice of the referendum must contain a description of the watershed
conservation district proposed to be discontinued. The question
shall be submitted by ballots upon which the words "For
terminating the existence of the Watershed Conservation
District" and "Against terminating the existence of the
Watershed Conservation District" shall be printed, with a
square before each proposition and a direction to insert an
"X" mark in the square before one or the other of said
propositions as the voter may favor or oppose the discontinuance of such
watershed conservation district. All Only qualified electors
of the watershed conservation district shall be eligible to
may vote in the election. No informality in the conduct of
the referendum or in any matters relating thereto shall invalidate the
election or the results thereof if notice thereof shall have been given
substantially as herein provided and the referendum shall have been
fairly conducted.
(3) The commissioners shall publish the results of such referendum
and shall thereafter determine whether the continued operation of the
watershed conservation district is administratively practicable and
feasible. If the commissioners determine that the continued operation of
the watershed conservation district is administratively practicable and
feasible, they shall record such determination and deny the petition. If
the commissioners determine that the continued operation of the
watershed conservation district is not administratively practicable and
feasible, they shall record such determination and shall certify such
determination to the directors of the watershed conservation district;
provided, however, that the commissioners shall not be authorized to
determine that the continued operation of the watershed conservation
district is administratively practicable and feasible unless at least a
majority of the votes cast in the referendum shall have been cast in favor
of the continuance of the watershed conservation district.
(4) Upon receipt from the commissioners of a certification that they
have determined that the continued operation of the watershed
conservation district is not administratively practicable and feasible,
The county election commission shall tabulate the results of the
referendum at the close of the polls, deliver a written report of the results
to the board of commissioners of the soil and water conservation
district, and certify the results to the clerks of court and auditors of the
counties involved.
(C) After recording the results of the referendum, the clerks of
court shall notify the board of commissioners of the soil and water
conservation district and the board of directors of the watershed
conservation district in writing that the watershed conservation district
has been discontinued, and the directors immediately shall
forthwith terminate the affairs of the watershed conservation
district. A copy of the determination shall be certified to the auditor
of the county or counties involved for recording. After being recorded,
the certification shall be filed with the State Soil and Water
Conservation Committee. The board of commissioners shall
submit to the Land Resources Conservation Commission a copy of the
notification from the clerks of court.
Section 48-11-200. If any a soil and water
conservation district in which any part of a watershed
conservation district is situated is discontinued, all supervisory authority
over the affairs of the watershed conservation district which was
previously was exercised by the board of
commissioners of such the soil and water conservation
district shall thereafter must be exercised by the
governing body bodies of the county or counties
involved.
Section 48-11-210. (A) All acts or parts of acts
inconsistent herewith are repealed, except that those watershed
conservation districts authorized by law prior to April 14, 1967 and in
existence shall not be affected and shall be deemed properly constituted,
and the laws governing the constitution and operation of such districts
shall continue in full force and effect until dissolved by resolution of the
board of directors of such district, following a public hearing on the
question of dissolution and with the approval of the board of
commissioners of the soil and water conservation district in which the
watershed is located. Any watershed conservation district in existence
on April 14, 1967 and desiring to be organized under the provisions of
this chapter may do so by resolution setting forth these facts and adopted
at a public meeting of the board of directors and the same board of
directors shall continue to serve as the new board of directors for the
unexpired term to which elected and their successors shall be elected
pursuant to the terms of this chapter. The organization and
function of each of the following watershed conservation districts which
have implemented works of improvement must be revised to comply
with this chapter. The following are all of the watershed conservation
districts in existence on the effective date of this chapter, as amended.
Each watershed conservation district retains the authority to levy the
millage rate for the district, established previously by the General
Assembly or through the local creation or administration of the
watershed conservation district, at which taxes may be levied each fiscal
year on the real property in the district, until the millage rate is changed
as provided in this chapter or increased by action of county council.
This chapter applies to those districts notwithstanding contrary
provisions in acts which may have created the districts. The districts and
related acts, where created by separate acts, include:
(1) Back Swamp, Lee County, Act 602 of 1961;
(2) Beaverdam Creek, Edgefield County, Act 1407 of
1974;
(3) Beaverdam Creek, Oconee County, Act 1178 of
1962;
(4) Beaverdam-Warriors Creek, Laurens County, Act
599 of 1961;
(5) Big Creek, Anderson County;
(6) Broadmouth Creek, Anderson County;
(7) Brown's Creek, Union County;
(8) Brushy Creek, Anderson and Pickens Counties;
(9) Buck Creek, Horry County, Act 579 of 1961;
(10) Carters Branch-Muddy Creek, Marlboro County, Act 1355
of 1966;
(11) Crabtree Swamp, Horry County, Act 579 of 1961;
(12) Duncan Creek, Laurens County, Act 599 of 1961;
(13) Fishing Creek, York County, Act 1219 of 1958;
(14) Gapway Swamp, Horry County, Act 579 of 1961;
(15) George's Creek, Pickens County, Act 633 of 1963;
(16) Hill's Creek, Chesterfield County, Act 513 of 1961;
(17) Hollow Creek, Lexington and Saluda Counties, Act 1335
of 1966;
(18) Horse Range Swamp, Orangeburg County, Act 816 of
1967;
(19) Jackson Creek, Fairfield County;
(20) Little Lynches Creek, Kershaw and Lancaster Counties,
Act 1316 of 1966 and Act 583 of 1963;
(21) Little Walnut-Tom and Kate, Dorchester County, Act 584
of 1965;
(22) Lynches Lake-Camp Branch, Florence County, Act 1007
of 1960;
(23) Maple Swamp, Dillon County;
(24) Mill Creek, Fairfield County;
(25) Oolenoy River, Pickens County, Act 631 of 1961;
(26) Rabon Creek, Laurens and Greenville Counties;
(27) St. George-Gum Branch, Dorchester County;
(28) Salem Community, Florence County;
(29) Simpson Creek, Horry County, Act 579 of 1961;
(30) Rocky Creek, Chester and Fairfield Counties;
(31) South Tyger River, Greenville County, Act 544 of 1963;
(32) Thicketty Creek, Cherokee and Spartanburg Counties;
(33) Three and Twenty Creek, Anderson and Pickens Counties;
(34) Tinkers Creek, Chester and York Counties;
(35) Todd Swamp, Horry County, Act 579 of 1961;
(36) Wateree Creek, Fairfield County, Act 1077 of 1958;
(37) Wilson Creek, Anderson and Abbeville Counties;
(38) Willow Swamp, Colleton and Bamberg Counties, Act 1032
of 1962;
(B) The existing Bear Creek Watershed Conservation District,
Camp Creek Watershed Conservation District, Cane Creek Watershed
Conservation District, Gills Creek Watershed Conservation District, and
Hannah's Creek Watershed Conservation District in Lancaster County,
created pursuant to Act 583 of 1963, are combined into a single
watershed conservation district named Cane Creek Watershed
Conservation District which encompasses the combined area of the five
existing watershed conservation districts. The organization and function
of the new Cane Creek Watershed Conservation District must be revised
to comply with this chapter. The district retains the authority to levy the
millage rate authorized in Act 583 of 1963 until the millage rate is
changed as provided in this chapter or increased by action of county
council. This chapter applies to this district notwithstanding contrary
provisions in Act 583 of 1963.
(C) The board of commissioners of each of the soil and water
conservation districts in which a part or all of each of the watershed
conservation districts in subsections (A) and (B) is located shall initiate
action with the board of directors of the watershed conservation district
and the county government to carry out this revision in the organization
and function of the watershed conservation district. The Land Resources
Conservation Commission shall assist each of the boards of
commissioners of the affected soil and water conservation districts with
this responsibility. The commission shall initiate this assistance by
providing written directions and guidance to each of the affected soil
and water conservation districts within ninety days of the effective date
of this chapter as amended. The commission may adopt policy and has
broad authority to carry out this section."
SECTION 2. (A) Act 1316 of 1964, Act 655 of 1965, Acts 1179,
1196, 1212, and 1254 of 1966, and other acts or parts of acts
inconsistent with Chapter 11, Title 48 of the 1976 Code are repealed.
(B) The following watershed conservation districts were
authorized by act of the General Assembly, but the districts never
created at the local level. The provisions for the districts are deleted,
and, where authorized by separate act, the act is repealed:
(1) Coward, Florence County, Act 1097 of 1962;
(2) Crow Creek, Pickens County, Act 1195 of 1962;
(3) Ebenezer, Florence County, Act 1085 of 1958;
(4) Lynchburg-Shiloh, Sumter and Lee Counties, Act 1134 of
1960;
(5) Polk Swamp, Florence County, Act 1084 of 1958.
(C) The following watershed conservation districts which have
never implemented works of improvement are dissolved. The South
Carolina Land Resources Conservation Commission shall so notify the
board of commissioners of each of the soil and water conservation
districts in which the watershed conservation districts are located.
Where created by separate act, the act is repealed:
(1) Brown-Grier, Horry County;
(2) Catfish Creek-Smith Swamp, Marion, Dillon, and
Marlboro Counties, Act 1081 of 1962;
(3) Clark's Fork-Bullocks Creek, York County, Act 725 of
1965;
(4) Deep Creek, Chesterfield County;
(5) Deer Creek, Colleton County;
(6) Eighteen Mile Creek, Pickens and Anderson Counties, Act
691 of 1965 and Act 471 of 1961;
(7) Fairforest Creek, Union and Spartanburg Counties;
(8) Kentyre-Hamer, Dillon County, Act 1081 of 1962;
(9) Long Cane-Turkey Creek, Abbeville, Anderson, and
Greenwood Counties, Act 493 of 1965,
Act 471 of 1961, and Act 567 of 1961;
(10) Kings Creek, Cherokee County;
(11) Little River, Abbeville, Anderson, and McCormick
Counties, Act 493 of 1965, Act 471 of 1961, and Act 671 of 1965;
(12) Mitchell Swamp-Pleasant Meadow Branch, Horry County;
(13) Reedy Creek, Dillon and Marlboro Counties, Act 1081 of
1962;
(14) Rocky River, Anderson County, Act 471 of 1961;
(15) Rumphs Hill, Dorchester County;
(16) Sanders Branch-Crooked Creek, Hampton County, Act
640 of 1965;
(17) Stony Fork, York County, Act 725 of 1965;
(18) Sugar Creek, York and Lancaster Counties, Act 725 of
1965;
(19) Turkey Quarter Creek, Lancaster County;
(20) Will Camp Memorial, Cherokee County;
(21) Wilson Creek, Greenwood County, Act 567 of 1961.
SECTION 3. The directors of the watershed conservation districts
serving pursuant to Section 48-11-100 of the 1976 Code or other act of
the General Assembly on the effective date of this act continue to serve
until their terms expire when directors must be selected pursuant to
Section 48-11-100 as amended in this act.
SECTION 4. This act takes effect upon approval by the Governor.
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