H 4244 Session 111 (1995-1996)
H 4244 General Bill, By Wilkins and Harrison
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.
05/23/95 House Introduced and read first time HJ-126
05/23/95 House Referred to Committee on Judiciary HJ-126
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.° 51' 07.8792" N., longitude 78° 32'
32.6210" W., at latitude 33° 51' 36.4626" N.,
longitude 78° 33' 06.1937" W., and at latitude 33°
51' 50.7214" N., longitude 78° 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° 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° 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° 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° 51' 50.7214" N., longitude
78° 33' 22.9448" W., at latitude 33° 51'
36.4626" N., longitude 78° 33' 06.1937" W., and at
latitude 33° 51' 07.8792" N., longitude 78° 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.
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 tide gate; 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 river 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
latitude 32° 07' 00" North (North American Datum
1983-86), 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 equidistant 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 equidistant 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 (latitude
32° 05' 01.440" N. longitude 081° 02'
17.252" W. North American Datum (NAD) 1983-86);
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 (latitude 32° 05' 17.168" N.
longitude 081° 01' 34.665" W. NAD 1983-86). Fort
Jackson Range through point SR-32 (latitude 32° 05'
30.133" N. longitude 081° 01' 17.750" W. NAD
1983-86), the Bight Channel through points SR-31 (latitude
32° 05' 55.631" N. longitude 081° 01'
02.480" W. NAD 1983-86), SR-30 (latitude 32° 06'
06.272" N. longitude 081° 00" 44.802" W.
NAD 1983-86), SR-29 (latitude 32° 06' 09.053" N.
longitude 081° 00' 31.887" W. NAD 1983-86), SR-28
(latitude 32°06' 08.521" N. longitude 081° 00'
15.498" W. NAD 1983-86), and SR-27 (latitude 32° 06'
01.565" N. longitude 080° 59' 58.406" W. NAD
(1983-86), Upper Flats Range through points SR-26 (latitude
32° 05' 41.698" N. longitude 080° 59'
31.968" W. NAD 1983-86) and SR-25 (latitude 32° 05'
02.819" N. longitude 080° 59' 12.644" W. NAD
1983-86), Lower Flats Range through points SR-24 (latitude
32° 04' 46.375" N. longitude 080° 59'
00.631" W. NAD 1983-86), SR-23 (latitude 32° 04'
40.209" N. longitude 080° 58' 49.947" W. NAD
1983-86), SR-22 (latitude 32° 04' 28.679" N. longitude
080° 58' 18.895" W. NAD 1983-86), and SR-21 (latitude
32° 04' 22.274" N. longitude 080° 57'
34.449" W. NAD 1983-86), Long Island Crossing Range
through points SR-20 (latitude 32°04' 13.042" N.
longitude 080° 57' 14.511" W. NAD 1983-86), and
SR-19 (latitude 32° 02' 30.984" N. longitude 080°
55' 30.308" W. NAD 1983-86) and New Channel Range
following the northern boundary of the Rehandling Basin and 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 (latitude 32° 02' 07.661" N. longitude 080°
53' 39.379" W. NAD 1983-86) and SR-16 (latitude 32°
02' 07.533" N. longitude 080° 53' 31.663" W.
NAD 1983-86), to a point at latitude 32° 02' 08" N.
longitude 080° 53' 25" W. (now marked by Navigational
Buoy "24") near the eastern end of Oyster Bed Island;
Proceeding thence from a point at latitude 32° 02' 08"
N. longitude 080° 53' 25" W. NAD 1983-86 (now
marked by 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 a point at latitude
31° 59' 48.0" N. longitude 080° 47' 01.5" W.
NAD 1983-86 (now marked by Navigational Buoy "6");
and finally,
Proceeding from a point at latitude 31° 59' 48.0" N.
longitude 080° 47' 01.5" W. NAD 1983-86 (now marked
by Navigational Buoy "6") extending southeasterly to the
limit of the territorial sea on a true azimuth of 104 degrees (bearing of
S76°E), which described the line 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.
Should the need for further delimitation arise, the boundary shall
further extend southeasterly on above-described true azimuth of 104
degrees (bearing of S76°E).
Provided, further, that 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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