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H. 4194

STATUS INFORMATION

Concurrent Resolution
Sponsors: Rep. Snow
Document Path: l:\council\bills\swb\5451cm03.doc

Introduced in the House on May 13, 2003
Currently residing in the House Committee on Ways and Means

Summary: Santee river, residents who live along; compensation for property damage requested

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   5/13/2003  House   Introduced HJ-6
   5/13/2003  House   Referred to Committee on Ways and Means HJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

5/13/2003

TO DEMONSTRATE THE CONCERN OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY FOR SOUTH CAROLINIANS LIVING ALONG THE SANTEE RIVER AND TO EXPRESS THE OPINION OF THE MEMBERS THAT ACTION BE TAKEN BY THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO COMPENSATE THOSE RESIDENTS FOR PROPERTY DAMAGE CAUSED BY FLOODWATERS DISCHARGED FROM LAKES MARION AND MOULTRIE WHICH ARE OPERATED BY SANTEE COOPER AND REGULATED BY THE FEDERAL GOVERNMENT.

Whereas, the members of the General Assembly generally support the United States Congress and the President of this nation in making significant decisions which affect this country and State; and

Whereas, federal government decisions impact the lives of many, including residents of South Carolina, and in particular those citizens living on the edge of the Santee River; and

Whereas, the Santee River was formed by a confluence of the Wateree and Congaree Rivers in Calhoun County, and almost seventy years ago the South Carolina State Legislature created the South Carolina Public Service Authority, known today as Santee Cooper, to produce electricity from the Santee River; and

Whereas, Santee Cooper dammed the Santee River, creating Lake Moultrie and Lake Marion to generate electricity for many residents of the State, and part of the project was to divert as much of Santee River's flow into the nearby Cooper River. That diversion created a buildup of silt in the Charleston Harbor, making it difficult for large ships to travel in the area; and

Whereas, in 1968, because of the continuing silt problem, Congress voted to build a canal to send the water that was once diverted to the Cooper River back to the Santee, creating flooding along the Santee River, and the federal government further barred Santee Cooper from putting any significant amount of water down the Cooper River; and

Whereas, for nearly twenty years, South Carolinians along the Santee have been forced to deal with the flood conditions and with property losses with no help from the federal government, whose project to channel the water back to the Santee has been a major factor in the water damage on their properties; and

Whereas, in 1993, residents of Georgetown County filed a lawsuit seeking compensation from Santee Cooper and the United States Government for property damages. A jury found that Santee Cooper trespassed and damaged the land of the property owners but ruled that the group was not negligent in operating its facility, including making decisions to release water and flood the areas surrounding the Santee River; and

Whereas, a federal judge upheld that decision, but there has still not been a decision as to the damages to which the residents are entitled; and

Whereas, from March 7 to March 31, 2003, Santee Cooper opened the flood gates and released 450 billion gallons of water into nearby communities, like Crow Hill Road, and only a few weeks later reopened the gates from April 7 to April 31, releasing almost 350 billion gallons of water to the same areas, causing tremendous damage to property and to wildlife in the region; and

Whereas, the General Assembly's highest priority is protecting the interests of South Carolina's citizens and natural environments. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the South Carolina General Assembly, by this resolution, demonstrate our concern for South Carolinians living along the Santee River and express the opinion of the members that action be taken by the United States Congress and the President of the United States to compensate those residents for property damage caused by floodwaters discharged from Lakes Marion and Moultrie which are operated by Santee Cooper and regulated by the federal government.

Be it further resolved that a copy of this resolution be forwarded to President George W. Bush, Senator Ernest F. Hollings, Senator Lindsey Graham, Congressman Henry Brown, Congressman J. Gresham Barrett, Congressman James E. Clyburn, Congressman Jim DeMint, Congressman John Spratt, and Congressman Joe Wilson.

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