Georgia CommonsSB 511: "Georgia River Heritage Act"; enact
Introduced version, the latest LegiScan holds · Last action February 17, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 511
By: Senators Still of the 48th, Hufstetler of the 52nd, Jackson of the 41st, Orrock of the 36th and Halpern of the 39th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to clarify the right of citizens of this state to use nonnavigable streams for passage; to provide for a legislative finding; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Georgia River Heritage Act."
SECTION 2.
Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, is amended by revising Code Section 44-8-3, relating to exclusive possession by owner of nonnavigable streams and interference by legislature with lawful use, as follows:
"44-8-3.
(a) The General Assembly finds that it has no power to compel or interfere with an owner's lawful use of a nonnavigable stream, for the benefit of those above or below the owner on the stream, except to restrain nuisances. However, the General Assembly further finds that, by common law, the citizens of this state have an inherent right to use nonnavigable streams solely for the purpose of passage.
(b) The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he or she has of any other part of his or her land; provided, however, that the citizens of this state shall have the right to use any nonnavigable stream for passage only, and solely by means of a shallow draft motorized recreational vessel, canoe, kayak, raft, or tube that the nonnavgiable stream is of sufficient depth to support naturally. The legislature has no power to compel or interfere with the owner's lawful use of the stream, for the benefit of those above or below him on the stream, except to restrain nuisances.
(c) Nothing contained in this Code section shall be construed to permit entry upon privately owned land adjacent to nonnavigable streams."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.