51-9-7. Diversion, obstruction, or pollution of stream as trespass.

Active

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

The owner of land through which nonnavigable watercourses flow is entitled to have the water in such streams come to his land in its natural and usual flow, subject only to such detention or diminution as may be caused by a reasonable use of it by other riparian proprietors. The diverting of the stream in whole or in part from its natural and usual flow, or the obstructing thereof so as to impede its course or cause it to overflow or injure the land through which it flows or any right appurtenant thereto, or the polluting thereof so as to lessen its value to the owner of such land shall constitute a trespass upon the property.

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, § 2960; Code 1868, § 2967; Code 1873, § 3018; Code 1882, § 3018; Civil Code 1895, § 3879; Civil Code 1910, § 4475; Code 1933, § 105-1407.

Cross references

Control of water pollution and surface-water use generally, § 12-5-20. Property rights in water generally, T. 44, C. 8.

Law reviews

For article, ‘‘Riparian Rights in Georgia,’’ see 18 Ga. B. J. 401 (1956). For article, ‘‘Georgia Water Law, Use and Control Factors,’’ see 19 Ga. B. J. 119 (1956). For article on principles of water law in the southeast, see 13 Mercer L. Rev. 344 (1962). For article, ‘‘Surface Waters and the Civil Law Rule,’’ see 23 Emory L.J. 1015 (1974). For article discussing legal questions relating to interbasin transfer of water supply, see Ga. St. B. J. 48 (1976). For article, ‘‘Water Rights, Public Resources, and Private Commodities: Examining 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). For note, ‘‘Regulation of Artificial Lakes and Recreational Subdivisions in Georgia,’’ recommending methods for future regulation, see 8 Ga. St. B. J. 580 (1972).

Other notes

History of Code section.: The language of this Code section is derived in part from the decisions in Pool v. Lewis, 41 Ga. 162 (1870); White v. East Lake Land Co., 96 Ga. 415, 23 S.E. 393 (1895); Price v. High Shoals Mfg. Co., 132 Ga. 246, 64 S.E. 807 (1909).

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

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 745; merge action: carried; file SHA-256 bc30a40687b2.