(A) 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. 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) Beaverdam Creek, Edgefield County, Act 1407 of 1974;
(2) Beaverdam Creek, Oconee County, Act 1178 of 1962;
(3) Beaverdam-Warriors Creek, Laurens County, Act 599 of 1961;
(4) Big Creek, Anderson County;
(5) Broadmouth Creek, Anderson County;
(6) Brown's Creek, Union County;
(7) Brushy Creek, Anderson and Pickens Counties;
(8) Buck Creek, Horry County, Act 579 of 1961;
(9) Carters Branch-Muddy Creek, Marlboro County, Act 1355 of 1966;
(10) Crabtree Swamp, Horry County, Act 579 of 1961;
(11) Duncan Creek, Laurens County, Act 599 of 1961;
(12) Fishing Creek, York County, Act 1219 of 1958;
(13) Gapway Swamp, Horry County, Act 579 of 1961;
(14) George's Creek, Pickens County, Act 633 of 1963;
(15) Hill's Creek, Chesterfield County, Act 513 of 1961;
(16) Hollow Creek, Lexington and Saluda Counties, Act 1335 of 1966;
(17) Horse Range Swamp, Orangeburg County, Act 816 of 1967;
(18) Little Lynches Creek, Kershaw and Lancaster Counties, Act 1316 of 1966 and Act 583 of 1963;
(19) Little Walnut-Tom and Kate, Dorchester County, Act 584 of 1965;
(20) Lynches Lake-Camp Branch, Florence County, Act 1007 of 1960;
(21) Maple Swamp, Dillon County;
(22) Oolenoy River, Pickens County, Act 631 of 1961;
(23) Rabon Creek, Laurens and Greenville Counties;
(24) St. George-Gum Branch, Dorchester County;
(25) Salem Community, Florence County;
(26) Simpson Creek, Horry County, Act 579 of 1961;
(27) Rocky Creek, Chester and Fairfield Counties;
(28) South Tyger River, Greenville County, Act 544 of 1963;
(29) Thicketty Creek, Cherokee and Spartanburg Counties;
(30) Three and Twenty Creek, Anderson and Pickens Counties;
(31) Tinkers Creek, Chester and York Counties;
(32) Todd Swamp, Horry County, Act 579 of 1961;
(33) Wateree Creek, Fairfield County, Act 1077 of 1958;
(34) Wilson Creek, Anderson and Abbeville Counties;
(35) 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 existing Jackson Creek Watershed Conservation District and Mill Creek Watershed Conservation District in Fairfield County, created pursuant to Act 596 of 1965, are combined into a single watershed conservation district named Jackson-Mill Creek Watershed Conservation District which encompasses the combined area of the two existing watershed conservation districts. The organization and function of the new Jackson-Mill 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 596 of 1965 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 596 of 1965.
(D) 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), (B), and (C) 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 department shall assist each of the boards of commissioners of the affected soil and water conservation districts with this responsibility. The department 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 department may adopt policy and has broad authority to carry out this section.
(E) For purposes of this chapter, including the conduct of elections, the Digital Hydrologic Map prepared by the Service Center Agencies of the United States Department of Agriculture of the Fishing Creek Watershed District in York County represents and is declared to be the boundaries of the district.
HISTORY: 1962 Code Section 63-191; 1967 (55) 1158; 1992 Act No. 408, Section 1; 1993 Act No. 181, Section 1204; 1995 Act No. 34, Section 1; 2012 Act No. 155, Section 1, eff May 14, 2012.
Effect of Amendment
The 2012 amendment added subsection (E).