44-8-3. Exclusive possession by owner of nonnavigable streams; interference by legislature with lawful use.

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

The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. 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.

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

Orig. Code 1863, § 2210; Code 1868, § 2205; Code 1873, § 2231; Code 1882, § 2231; Civil Code 1895, § 3061; Civil Code 1910, § 3633; Code 1933, § 85-1305.

Law reviews

For article on principles of water law in the southeast, see 13 Mercer L. Rev. 344 (1962).

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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 24; merge action: carried; file SHA-256 02e72213893a.

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