---
title: HB 449. Public utilities; subject certain companies providing water services to regulation by Public Service Commission
collection: bills
id: 2025-2026/hb449
cite_as: HB 449, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb449
md_url: https://georgiacommons.org/bills/2025-2026/hb449.md
text_url: https://georgiacommons.org/bills/2025-2026/hb449/text
source_url: https://www.legis.ga.gov/legislation/70321
date: 2026-01-12
status: engrossed
corpus_version: bills-2026-08-28
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/hb448.md
next: https://georgiacommons.org/bills/2025-2026/hb450.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 897
omitted_url: https://georgiacommons.org/bills/2025-2026/hb449.md?full=1
bill_number: HB 449
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-03-04
last_action: Senate Recommitted
sponsors:
  - Trey Rhodes
  - Jason Ridley
  - Bill Hitchens
  - Lynn Smith
  - Noel Williams
  - Rick Jasperse
  - Lee Anderson
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB449/2025
upstream_id: 1970320
summaries_model: claude-sonnet-5
topic_tags:
  - water wells
  - homeowners associations
  - water utilities
  - property rights
  - irrigation
---

# HB 449. Public utilities; subject certain companies providing water services to regulation by Public Service Commission

## Text

25 LC 55 0635S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 449:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 44 and 46 of the Official Code of Georgia Annotated, relating to property1
and public utilities and public transportation, respectively, s o as to prohibit certain2
restrictions on the installation, operation, or maintenance of private water wells for irrigation3
purposes on real property; to prohibit covenants running with the land from prohibiting or4
restricting property owners from installing, operating, or maintaining private water wells for5
irrigation purposes on their property; to prohibit companies th at provide water services6
through certain water systems in this state from prohibiting or restricting customers of such7
company from installing, operating, or maintaining private wate r wells for irrigation8
purposes on such customers' property; to provide for statutory construction; to provide for9
definitions; to provide an effective date; to provide for related matters; to repeal conflicting10
laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in14
Article 3 of Chapter 5, relating to covenants and warranties, by adding a new Code section15
to read as follows:16
- 1 -
25 LC 55 0635S
"44-5-60.1.17
(a) No covenant running with the land shall prohibit or restri ct a property owner from18
installing, operating, or maintaining a water well on such prop erty owner's property that19
exclusively provides water for irrigation purposes to such prop erty, provided that such20
water well does not provide water to any other parcel of land t hat is not owned by such21
property owner and such property owner does not sell water from such water well or, in22
exchange for consideration, authorize the use of such water well by any other person.23
(b) Any provision in a covenant running with the land, or any subsidiary document24
adopted pursuant to a covenant running with the land, that violates subsection (a) of this25
Code section is declared to be contrary to public policy and sh all be void and26
unenforceable.27
(c) It is the intent of the General Assembly that the provisions of this Code section shall28
apply to any covenant running with the land, or any subsidiary document adopted pursuant29
to a covenant running with the land, regardless of when such co venant running with the30
land was created or became effective.31
(d) Nothing in this Code section is intended to prevent the application of any provision of32
law or regulation of any county, municipality, or consolidated government concerning the33
installation, operation, or maintenance of water wells in this state."34
SECTION 2.35
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public36
transportation, is amended by revising Chapter 10, which is reserved, as follows:37
"CHAPTER 1038
46-10-1.39
As used in this chapter, the term:40
- 2 -
25 LC 55 0635S
(1) 'Covered water system' means any water system that is owne d and operated by a41
private company and that provides water services by means of pipes or conduits to 2,00042
or more customer service connections in this state. Such term shall not include any water43
system that is owned or operated by the state or any political subdivision or authority44
thereof.45
(2) 'Surface water' means all rivers, streams, branches, creeks, ponds, tributary streams,46
drainage basins, natural lakes, and artificial reservoirs and impoundments.47
(3) 'Water services' means water services, sanitary sewer services, or both.48
(4) 'Water system' means a system for the provision to the pub lic of piped water for49
human consumption that is sourced exclusively from surface wate r, sanitary sewer50
services, or both. Such term includes but is not limited to an y collection, treatment,51
storage, and distribution facilities under the control of the o perator of such system and52
used primarily in connection with such system and any collection or pretreatment storage53
facilities not under such control which are used primarily in connection with such system.54
46-10-2.55
(a) No company that owns a covered water system shall enter into or seek to enforce any56
contractual provision that prohibits or restricts the ability of any customer of such company57
who receives water services from such company through such covered water system from58
installing, operating, or maintaining a water well on such cust omer's property that59
exclusively provides water for irrigation purposes to such cust omer, provided that such60
water well does not provide water to any parcel of land that is not owned by such customer61
and such customer does not sell water from such water well or, in exchange for62
consideration, authorize the use of such water well by any other person.63
(b) Any contractual provision entered into by a company that owns a covered water system64
that violates the provisions of subsection (a) of this Code section is declared to be contrary65
to public policy and shall be void and unenforceable.66
- 3 -
25 LC 55 0635S
(c) It is the intent of the General Assembly that the provisions of this Code section shall67
apply to any contractual provision entered into by a company that owns a covered water68
system regardless of when such contractual provision was entered into or otherwise became69
effective.70
46-10-3.71
No company that owns a covered water system shall prohibit any customer of such72
company who receives water services from such company through s uch covered water73
system from installing, operating, or maintaining, or discontin ue the provision of water74
services to such customer solely due to the installation, opera tion, or maintenance of, a75
water well on such customer's property that exclusively provide s water for irrigation76
services to such customer; provided that such water well does n ot provide water to any77
parcel of land that is not owned by such customer and such customer does not sell water78
from such water well or, in exchange for consideration, authori ze the use of such water79
well by another person.80
46-10-4.81
Nothing in this chapter is intended to prevent the application of any provision of law or82
regulation of any county, municipality, or consolidated governm ent concerning the83
installation, operation, or maintenance of water wells in this state. Reserved."84
SECTION 3.85
This Act shall become effective on July 1, 2025.86
SECTION 4.87
All laws and parts of laws in conflict with this Act are repealed.88
- 4 -

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia Senate committee substitute for HB 449 would bar homeowners associations and large water utilities from stopping property owners from drilling their own irrigation wells, even if existing contracts or neighborhood covenants say otherwise.

### Plain-language summary

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.

### What it does

- 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.

### Who it affects

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.

### Why it matters

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.

### Key provisions

- 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.

## Status

- Status: Engrossed (2025-03-04)
- Last action: Senate Recommitted (2026-01-12)
- Sponsors: Trey Rhodes, Jason Ridley, Bill Hitchens, Lynn Smith, Noel Williams, Rick Jasperse, Lee Anderson
- Official page: https://www.legis.ga.gov/legislation/70321

> The history, votes, and amendments (897 characters) are at https://georgiacommons.org/bills/2025-2026/hb449.md?full=1