But Dr. Jim Kundell, science advisor to the Georgia General Assembly, said some out-of-state leaders may doubt South Carolina's ability to honor a water agreement given the state's lack of regulatory control over water withdrawals.

Unless mandatory drought restrictions are in force, industries, cities, farmers -- anyone -- can take as much water as they want out of South Carolina's rivers and streams without regard to the needs of other users. They merely must store or use the water within the same river basin and report withdrawals of 3 million gallons or more to the S.C. Department of Health and Environmental Control after the fact, said DHEC Bureau of Water Assistant Chief Sally Knowles.

By contrast, Georgia has required permits for all withdrawals of 100,000 gallons or more for three decades, said Kundell, director of the Environmental Policy Program at the University of Georgia's Carl Vinson Institute of Government.

North Carolina also has given itself the legal power to regulate withdrawals, said David Baize, director of DHEC's Water Monitoring, Assessment and Protection Division. Kentucky, Alabama and numerous other states have similar regulations in place.

"Right now in South Carolina, we don't have any rules," said Dean Moss, director of the Beaufort-Jasper Water and Sewer Authority.

The lack of regulatory control over withdrawal quantities leaves current water consumers in a precarious position, Knowles said.

"That really came to light a couple of years ago when those merchant power plants tried to locate here," Knowles said.

In the middle of the worst drought in recorded state history, nine merchant power plants expressed interest in building natural gas-fired power generating plants in South Carolina.

Each plant would have required up to 10 million gallons of water a day to operate, said water law review committee member Dr. Gene McCall, a Greenville environmental attorney. About 80 percent of the water pumped would have evaporated.

At least three of the companies were eying stream sites in southern Greenville County.

"The plants would have sucked the Reedy River dry at certain periods of time, dried up a 10, 20, even a 30-mile stretch," McCall said. "And under our current system, there wasn't a darned thing the state could do about it."

Ultimately, other issues halted the companies' proposed plans.

As far back as 1952 and again in 1983, citizen committees formed to assess state water laws have unsuccessfully urged regulation-wary legislators to give the state authority to manage surface water withdrawals.

South Carolina controls its ground water supply much more carefully, requiring permits and setting withdrawal limits to protect aquifers.

DHEC also requires permits and sets caps for anyone transferring water from one river basin to another. There are four river basins in the state, so this affects a small number of users.

But actual withdrawals are unlimited by state law.

"We could run our pumps 24 hours a day," Moss said.

DHEC has drafted legislation that would require 20-year permits for all sizeable water withdrawals. Most likely, Sanford's water law review committee will endorse similar action, McCall said.

Kundell said that by addressing the issue, South Carolina will improve prospects for bi-state agreements.

"To a very large extent, the decisions we make over the next decade on water are going to determine the quality of life in the Southeast for our children and our grandchildren," he said.

Contact Karen Addy at (803) 256-3800 or mailto:kaddy@heraldonline.com

Water on the minds of people around the nation, world

Compiled by Karen Addy from various news sources. Over the past two months, while a statewide committee has calmly discussed the need for better water laws in South Carolina, water has been on the minds of leaders in other parts of the nation and world, as well. For example: • On Thursday, police were called in when people living in a drought-plagued Russian city began siphoning off water from the city's closed circuit central heating system. Since September, rationing has meant that the city's 1 million residents have had access to running water only a few hours a day. • Also on Thursday, the United States government settled a 112-year legal battle with a Utah Native American tribe over access to water. • On Nov. 15, 20 people were killed and at least 30 injured in Somalia as clans fought over land and water rights. Violent battles over access to wells are common in the semi-arid region. • In early November, an international group of scientists meeting in Africa emphasized that up to 831 million people in sub-Saharan Africa could find themselves without access to drinkable water in 20 years, thanks to poor water resource management there. • In October, the U.S. Environmental Protection Agency announced it will soon launch a national campaign to promote water efficiency, noting that 36 states expect to face water shortages over the next decade. • In October, a group of influential business advisors to Florida Gov. Jeb Bush recommended that Southern and Central Florida be allowed to siphon off large amounts of water from the northern half of the state to accommodate growth. Huge fights over the issues are expected in Florida's upcoming legislative session. • In October, a report issued by China's Ministry of Land and Resources stated that 110 Chinese cities face chronic water shortages and that declines in the country's underground water levels are dangerous. • In October, the U.S. Supreme Court heard arguments in a dispute between Virginia and Maryland over rights to the Potomac River. The court will issue a ruling sometime this session.