H 5115 Session 110 (1993-1994)
H 5115 General Bill, By Boan
Similar(S 1363)
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 House Introduced and read first time HJ-19
04/14/94 House Referred to Committee on Judiciary HJ-19
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.
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