Groups sue DES over illegal rules for major water withdrawals 

Loophole allows removal of all water from rivers

CHARLESTON, S.C. — Today, the Southern Environmental Law Center filed a lawsuit in South Carolina state court against the South Carolina Department of Environmental Services challenging the agency’s “safe yield” rules for large water withdrawals. The DES rules allow major agricultural corporations to remove all the water from rivers and streams across South Carolina. Other state and federal agencies have criticized this loophole.

In the complaint filed on behalf of Friends of the Edisto, American Rivers, and the South Carolina Wildlife Federation, SELC asked the court to strike down the “safe yield” rules because they violate the Surface Water Withdrawal, Permitting, Use, and Reporting Act. This statute requires DES to protect river flows for the people, recreation, business, small farms, and endangered wildlife that rely on abundant clean water.

“We asked DES to change its illegal rules and follow the law passed by our elected representatives to protect families, businesses, and wildlife that rely on this water downstream,” said Frank Holleman, Senior Attorney at SELC. “Instead of obeying the law and requiring that our rivers and communities get at least the protections that our state law requires, DES has stuck with illegal rules that allow the complete siphoning off of our rivers and streams.”

After SELC filed a petition with DES in November challenging the rules, DES refused to change the rules, resulting in today’s lawsuit. 

“There is nothing ‘safe’ about the existing ‘safe yield’ rules. Just the opposite: they are a blank check for withdrawers to completely de-water rivers,” said Hugo Krispyn, Edisto Riverkeeper with Friends of the Edisto. “The existing regulations are in direct contradiction with the actual law they are intended to implement, and we want that fixed. We are overdue for sensible, sustainable rules that balance everyone’s right to use our rivers while conserving our river ecosystems.”

“DES’s lax water protections draw interstate agriculture operations to South Carolina, where they can drain our rivers for free to the detriment of people, wildlife, and the shape and functioning of our rivers” said Sara Green, Executive Director of the South Carolina Wildlife Federation. “The harms will only get worse as population growth and drier, hotter summers further strain our water resources in the coming years.”

“Powerful interests with deep pockets should not be allowed to dry up our state’s rivers. The bottom line is, healthy rivers benefit all of us, and we can meet everyone’s needs if we work together. We are committed to finding solutions to ensure clean water for our communities, thriving agriculture, and the boating, swimming, fishing, and wildlife that makes South Carolina so special,” said Peter Raabe, Southeast Regional Director at American Rivers.