Senate · Introduced · 2025-2026 Regular Session

SB511: SB511 "Georgia River Heritage Act"; enact

Last action February 17, 2026 · Senate Read and Referred

A Georgia Senate bill called the "Georgia River Heritage Act" would amend state water law to spell out that Georgians have a right to paddle or float across nonnavigable streams, even where the streambed is privately owned.

In plain language

Under current Georgia law (O.C.G.A. § 44-8-3), the owner of land containing a nonnavigable stream (one not usable for commercial shipping) has the same exclusive control over that stream as over any other part of their property, and the General Assembly has no power to interfere with that control except to stop nuisances. This bill keeps that basic rule but adds a new right for the public: citizens of Georgia would be allowed to use any nonnavigable stream for passage only, using a shallow draft motorized recreational vessel, canoe, kayak, raft, or tube, as long as the stream is naturally deep enough to support that kind of craft. The bill also makes clear that this passage right does not allow anyone to step onto privately owned land next to the stream. The bill states this legislative finding as clarifying existing common law rather than creating a brand-new right, and repeals any conflicting laws.

What the bill does

Amends O.C.G.A. § 44-8-3 to add a stated public right to use nonnavigable streams for passage by canoe, kayak, raft, tube, or shallow draft motorized recreational vessel.
Limits that public right to streams that are naturally deep enough to support the specific type of craft being used.
Preserves the existing rule that stream owners keep exclusive possession of the stream and that the legislature cannot otherwise interfere with an owner's lawful use except to stop nuisances.
Clarifies that the passage right does not allow entry onto privately owned land bordering the stream.
States a legislative finding that this passage right already exists under common law, rather than creating it from scratch.
Gives the Act the short title "Georgia River Heritage Act" and repeals any conflicting laws.

Who it affects

Owners of land containing nonnavigable streams, including farmers and other rural landowners; paddlers, boaters, and outdoor recreation users who float or paddle Georgia's smaller waterways; and local law enforcement or courts that may resolve disputes over stream access.

Why it matters

The bill would give paddlers and boaters a clearer legal basis to float through privately owned stretches of nonnavigable streams for travel, potentially reducing disputes over trespass claims on the water itself, while still letting landowners bar entry onto the adjoining dry land and control other uses of the stream.

Key provisions

Section 1 names the Act the "Georgia River Heritage Act."
Section 2 revises O.C.G.A. § 44-8-3(a) to add a legislative finding that citizens have an inherent common-law right to use nonnavigable streams solely for passage.
Section 2 also revises subsection (b) to define that passage right as limited to shallow draft motorized recreational vessels, canoes, kayaks, rafts, or tubes, and only where the stream is naturally deep enough to support that craft.
Section 2 keeps subsection (c), stating the Code section does not permit entry onto privately owned land next to a nonnavigable stream.
Section 3 repeals any laws that conflict with the Act.

From the bill

“the citizens of this state have an inherent righ t to use nonnavigable16 streams solely for the purpose of passage.”
The bill's core legislative finding establishing a public right to pass through nonnavigable streams.

“Nothing contained in this Code section shall be construed to permit entry upon25 privately owned land adjacent to nonnavigable streams.”
Clarifies that the right to pass on the water does not extend to stepping onto adjoining private land.

Status timeline

2026-02-17Senate Read and Referred (Senate)
2026-02-12Senate Hopper (Senate)

Topics

water rights
stream access
property rights
outdoor recreation
Georgia water law