44-8-1. Ownership of running water; right to divert or adulterate water.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1855-56, p. 12, § 1; Code 1863, § 2206; Code 1868, § 2201; Code 1873, § 2227; Code 1882, § 2227; Civil Code 1895, § 3057; Civil Code 1910, § 3629; Code 1933, § 85-1301.

Law reviews

For article, “Georgia Water Law, Use and Control Factors,” see 19 Ga. B. J. 119 (1956). For article discussing federal liability for pollution abatement in condemnation actions, see 17 Mercer L. Rev. 364 (1966). For article discussing legal questions relating to interbasin transfer of water supply, see 13 Ga. St. B.J. 48 (1976). For article, “Hazardous Waste Issues in Real Estate Transactions,” see 38 Mercer L. Rev. 581 (1987). For article, “Water Rights, Public Resources, and Private Commodities: Exam-ining the Current and Future Law Governing the Allocation of Georgia Water,” see 38 Ga. L. Rev. 1009 (2004). For article, “Special Challenges to Water Markets in Riparian States,” see 21 Ga. St. U.L. Rev. 305 (2004).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch8-15-(v32)-2022-pdf.pdf, Volume V32, 2022 edition, page 18; merge action: carried; file SHA-256 02e72213893a.