Historical/Cultural Factors Affecting South Carolina Water Laws and Policies and Their Relationships to Present Laws and Policies

摘要

The purpose of this study is to examine the historical development of water law and policy in South Carolina in order to determine why the present water quantity situation exists. During the first period of South Carolina history until 1825, a rudimentary form of prior appropriations functioned with the legislature doing the allocating. From 1825 to 1840, riparian doctrine grew out of the failure to establish a system of internal improvements and the growing commitment to individual values which in water law were enscribed in riparianism. The 'truths' that helped keep water law from evolving earlier have probably lost some of their influence, although a variety of attitudes, both positive and negative, have been and continue to be present in South Carolina affecting water law and policy.