SB511: SB511 "Georgia River Heritage Act"; enact

26 LC 60 0268 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 water1 rights, so as to clarify the right of citizens of this state to use nonnavigabl e streams for2 passage; to provide for a legislative finding; to provide for a short title; to provide for related3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 This Act shall be known and may be cited as the "Georgia River Heritage Act."7 SECTION 2.8 Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, is9 amended by revising Code Section 44-8-3, relating to exclusive possession by owner of10 nonnavigable streams and interference by legislature with lawful use, as follows:11 "44-8-3.12 (a) The General Assembly finds that it has no power to compel or interfere with an owner's13 lawful use of a nonnavigable stream, for the benefit of those above or below the owner on14 S. B. 511 - 1 - 26 LC 60 0268 the stream, except to restrain nuisances. However, the General Assembly further finds that,15 by common law, the citizens of this state have an inherent righ t to use nonnavigable16 streams solely for the purpose of passage.17 (b) The owner of a nonnavigable stream is entitled to the same exclusive possession of the18 stream as he or she has of any other part of his or her land; provided, however, that the19 citizens of this state shall have the right to use any nonnavigable stream for passage only,20 and solely by means of a shallow draft motorized recreational vessel, canoe, kayak, raft,21 or tube that the nonnavgiable stream is of sufficient depth to support naturally . T h e22 legislature has no power to compel or interfere with the owner's lawful use of the stream,23 for the benefit of those above or below him on the stream, except to restrain nuisances.24 (c) Nothing contained in this Code section shall be construed to permit entry upon25 privately owned land adjacent to nonnavigable streams."26 SECTION 3.27 All laws and parts of laws in conflict with this Act are repealed.28 S. B. 511 - 2 -