---
title: O.C.G.A. § 44-9-73. Right of mine owner to control water power with canal or dam; damages to intervening landowners; application to probate court for such right.
collection: code
id: 44-9-73
cite_as: O.C.G.A. § 44-9-73 (2025)
canonical_url: https://georgiacommons.org/code/44-9-73
md_url: https://georgiacommons.org/code/44-9-73.md
text_url: https://georgiacommons.org/code/44-9-73/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=108
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-9.md
previous: https://georgiacommons.org/code/44-9-72.md
next: https://georgiacommons.org/code/44-9-74.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / EASEMENTS / RIGHTS OF WAY FOR MINING, QUARRYING, AND OTHER BUSINESSES
---

# O.C.G.A. § 44-9-73. Right of mine owner to control water power with canal or dam; damages to intervening landowners; application to probate court for such right.

(a) The owner of any mine shall have the right to enter upon any land between the mine and the water power upon which the mine is dependent and to cut thereon such ditch, canal, or tunnel or to construct such flume or other aqueduct and to build such dam as may be necessary to control the water power; provided, however, that the mine owner shall first have the damages assessed arising to the owner of the intervening land or to the owner of the land on which the dam is to be erected and shall pay such damages to the owner of the land so intervening or on which such dam is to be erected.

(b) After giving the owner of the land to be entered upon at least five days’ notice of his intention to make such application, the owner of the mine shall present to the judge of the probate court of the county his written application for the right and privilege of cutting such ditch, canal, or tunnel or constructing such flume or aqueduct or erecting such dam.

## History

Ga. L. 1868, p. 139, §§ 1, 2; Code 1873, §§ 746, 747; Code 1882, §§ 746, 747; Civil Code 1895, §§ 653, 654; Civil Code 1910, §§ 798, 799; Code 1933, §§ 83-204, 83-205.