S 1363 General Bill, By Drummond

Similar(H 5115)
 A Bill to amend Section 1-1-10, Code of Laws of South Carolina, 1976, relating
 to the jurisdiction and boundaries of the State, so as to revise the
 boundaries of the State in regard to the boundary in the Lower Savannah River
 Region.

   04/14/94  Senate Introduced and read first time SJ-11
   04/14/94  Senate Referred to Committee on Judiciary SJ-11
   04/27/94  Senate Committee report: Favorable Judiciary SJ-10
   04/28/94  Senate Read second time SJ-52
   04/28/94  Senate Unanimous consent for third reading on next
                     legislative day SJ-52
   04/29/94  Senate Read third time and sent to House SJ-296
   05/03/94  House  Introduced and read first time HJ-15
   05/03/94  House  Referred to Committee on Judiciary HJ-15

COMMITTEE REPORT

April 27, 1994

S. 1363

S. Printed 4/27/94--S.

Read the first time April 14, 1994.

To whom was referred a Bill (S. 1363), to amend Section 1-1-10, Code of Laws of South Carolina, 1976, relating to the jurisdiction and boundaries of the State, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

H. SAMUEL STILWELL, for Committee.

A BILL

TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 1-1-10 of the 1976 Code is amended to read:

"Section 1-1-10. The sovereignty and jurisdiction of this State extends to all places within its bounds, which are hereby declared to be as follows:

The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33. Degree(s) 51' 07.8792" N., longitude 78 Degree(s) 32' 32.6210" W., at latitude 33 Degree(s) 51' 36.4626" N., longitude 78 Degree(s) 33' 06.1937" W., and at latitude 33 Degree(s) 51' 50.7214" N., longitude 78 Degree(s) 33' 22.9448" W. (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2 Degree(s) 12 1 /2 'E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked `S. C. and N. C., September 15th, 1815'; thence from said stone set up and marked `S. C. and N. C., September 15, 1815' west four miles and ninety poles to a stone marked `S. C. and N. C.' thence S. 25 Degree(s) W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1915) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked `S. C. and N. C., September 28th, A.D. 1815'; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is marked `S. C. and N. C., 1813'; and from the said last-mentioned stone on the top of said ridge, at the point of intersection aforesaid, a direct line S. 68 1 /4 Degree(s) W. 20 miles and 11 poles to the thirty-fifth degree of north latitude at the rock in the east bank of the Chattooga River marked `Latitude thirty-five degrees, A.D. 1813' which line, from the termination of the line of 1772 to the Chattooga River, is in all a distance of twenty-four miles and one hundred and eighty-nine poles.

The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33 Degree(s) 51' 50.7214" N., longitude 78 Degree(s) 33' 22.9448" W., at latitude 33 Degree(s) 51' 36.4626" N., longitude 78 Degree(s) 33' 06.1937" W., and at latitude 33 Degree(s) 51' 07.8792" N., longitude 78 Degree(s) 32' 32.6210" W. (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.

On the east the State is bounded by a line starting at the point where the South Carolina-North Carolina lateral seaward boundary intersects the Territorial Sea boundary, thence southwestward following the line of the Territorial Sea boundary to a point where the Territorial Sea boundary intersects the South Carolina-Georgia lateral seaward boundary.

From the state of Georgia, this State is divided by the Savannah River, from its entrance into the ocean at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the State's territorial jurisdiction, thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Toogaloo Tugaloo and Seneca Rivers; thence up the Toogaloo Tugaloo River to the confluence of the Tallulah and the Chattooga Rivers; thence up the Chattooga River to the 35th parallel of north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.

On the east the State is bounded by the Atlantic Ocean, from the mouth of the Savannah River to the northern boundary, near the mouth of Little River, including all islands.

The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:

Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects north latitude 32° 07' 00" North Latitude (coordinates based on North American Datum 1983), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;

Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;

Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the triequidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;

Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the `Back River Sediment Basin,' as defined in the `Annual Survey-1992, Savannah Harbor, Georgia, U. S. Coastal Highway, No. 17 to the Sea,' U. S. Army Corps of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the `Channel Chart');

Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (Georgia State Grid, East Zone 1927 NAD, coordinates x=849479.546, y=759601.757);

Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (coordinates x=853126.849, y=761229.575), Fort Jackson Range through point SR-32 (coordinates x=854568.183, y=762555.255), the Bight Channel through points SR-31 (coordinates x=855854.367, y=765145.946), SR-30 (coordinates x=857363.583, y=766237.604), SR-29 (coordinates x=858471.561, y=766530.527), SR-28 (coordinates x=859881.928, y=766491.887), and SR-27 (coordinates x=861359.826, y=765804.794), Upper Flats Range through point SR-26 (coordinates x=863655.959, y=763821.629), Lower Flats Range through points SR-25 (coordinates x=865361.347, y=759910.744), SR-24 (coordinates x=866413.099, y=758260.171), SR-23 (coordinates x=867339.230, y=757647.194), SR-22 (coordinates x=870024.011, y=756511.390) and SR-21 (coordinates x=873855.646, y=755906.677), Crossing Range through points SR-20 (coordinates x=875581.821, y=754992.833), and SR-19 (coordinates x=884667.253, y=744780.789) and New Channel Range around the Rehandling Basin, and along the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (coordinates x=894243.587, y=742534.857) and SR-16 (coordinates x=894907.977, y=742529.752), to the easternmost end of Oyster Bed Island at Navigational Buoy R `24';

Proceeding thence from Navigational Buoy R `24' on a true azimuth of 0° 0' 0" (true north) to the mean low low water line of Oyster Bed Island; thence easterly along the said mean low low water line of Oyster Bed Island to the point at which the said mean low low water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;

Proceeding thence easterly along the mean low low water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;

Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;

Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to the intersection of the said northern boundary with the seaward limit of the state's territorial jurisdiction; and finally

Should the need for further delimitation arise, the boundary shall further extend southeasterly on approximately a true azimuth of 104 degrees (bearing of S76°E), the bearing of said line being more particularly described as being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.

However, that the boundary shall be as more particularly shown by reference to a map to be prepared by the United States Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) as part of the survey commissioned by the States of Georgia and South Carolina in order to locate this boundary. In case of any conflict between the verbal description set forth hereinbefore and the said NOAA map locating the boundary, the coordinates of the points shown on the map shall prevail.

Nothing herein shall in any way be deemed to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described herein."

SECTION 2. This act takes effect upon approval by the Governor.