HB449: HB449 Public utilities; subject certain companies providing water services to regulation by Public Service Commission

Under current Georgia law, homeowners association covenants and utility company contracts can sometimes prohibit a property owner from drilling a private water well. This bill changes that for wells used only for irrigation. It adds a new section to Georgia's property law (O.C.G.A. Title 44) voiding any covenant that runs with the land if it blocks a property owner from installing, operating, or maintaining an irrigation-only water well, as long as the owner does not sell the water or let others use it and the well does not serve other parcels. The bill also creates a new chapter in Georgia's utilities code (O.C.G.A. Title 46) covering large private water systems serving 2,000 or more connections. Those companies could not enforce contract terms blocking customers from drilling irrigation wells, and could not cut off a customer's water service just because that customer installed one. Local county and city well regulations still apply. The changes would take effect July 1, 2025.

• Voids any homeowners association covenant or similar land covenant that blocks a property owner from drilling a private well used only for irrigation on their own land.
• Applies that covenant ban retroactively, covering agreements created before the bill's effective date as well as new ones.
• Bars large private water utilities serving 2,000 or more connections from enforcing contract terms that stop customers from installing irrigation wells.
• Prohibits those same utilities from cutting off a customer's regular water service simply because the customer installed an irrigation well.
• Preserves the authority of counties, cities, and consolidated governments to regulate well installation, operation, and maintenance.

Property owners and homeowners considering irrigation wells, homeowners associations and other entities that use land covenants, and large private water and sewer utilities in Georgia that serve 2,000 or more customer connections, particularly those with contracts restricting private wells.

Homeowners who want to water lawns or gardens with their own well water would gain a legal right to do so even if their neighborhood association or water company previously barred it, and utilities could no longer threaten to cut off service over an irrigation well, as long as the water is not sold or shared with other properties.

• Section 1 adds O.C.G.A. § 44-5-60.1, voiding land covenants that prohibit irrigation-only wells, applying regardless of when the covenant was created.
• Section 2 creates a new O.C.G.A. Chapter 10 in Title 46 defining 'covered water system' as a private system serving 2,000 or more connections, excluding government-owned systems.
• New O.C.G.A. § 46-10-2 bars covered water companies from enforcing contract clauses that restrict customer irrigation wells and voids such clauses regardless of when they were signed.
• New O.C.G.A. § 46-10-3 prohibits covered water companies from cutting off a customer's water service solely because the customer installed an irrigation well.
• New O.C.G.A. § 46-10-4 clarifies that local county, city, or consolidated government well regulations are not overridden by this chapter.
• Section 3 sets the effective date as July 1, 2025.
• Section 4 repeals conflicting laws.

1. 2026-01-12Senate Recommitted (Senate)
2. 2026-01-12Senate Taken from Table (Senate)
3. 2025-04-02Senate Tabled (Senate)
4. 2025-03-28Senate Read Second Time (Senate)
5. 2025-03-28Senate Committee Favorably Reported By Substitute (Senate)
6. 2025-03-06Senate Read and Referred (Senate)
7. 2025-03-04House Passed/Adopted By Substitute (House)
8. 2025-03-04House Third Readers (House)

• Trey Rhodes (R, HD-124)Primary sponsor
• Jason Ridley (R, HD-006)
• Bill Hitchens (R, HD-161)
• Lynn Smith (R, HD-070)
• Noel Williams (R, HD-148)
• Rick Jasperse (R, HD-011)
• Lee Anderson (R, SD-024)

1. PassedHouse voteMarch 4, 2025

   170 yea, 1 nay (5 not voting, 4 absent)

   Passage: House Vote #184

• water wells
• homeowners associations
• water utilities
• property rights
• irrigation