§ 44-8-10. Construction or Establishment of Private Bridge or Ferry; Grant of Franchise to Construct or Operate Public Bridge or Ferry; Compensation to Landowner for Interference With Possession; Exclusive Franchises
The right to construct a bridge or to establish a ferry for private use across a watercourse within or adjoining one’s lands is appurtenant to the ownership of the land; but the right to establish and operate a public bridge or ferry is a franchise to be granted by the state. Where the grant of […]
§ 44-8-1. Ownership of Running Water; Right to Divert or Adulterate Water
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. History. Ga. L. 1855-56, p. 12, § 1; […]
§ 44-8-2. Rights of Adjoining Owners in Nonnavigable Streams; Principles When Stream Is Boundary; Accretions
The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner’s boundary shall extend to the thread or the center of the main current of the water. If the current changes gradually, the boundary line follows the current. If […]
§ 44-8-3. Exclusive Possession by Owner of Nonnavigable Streams; Interference by Legislature With Lawful Use
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, […]
§ 44-8-4. Construction of Dams, Canals, and Appurtent Works on Nonnavigable Streams; Liability for Resultant Damages
It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, together with canals and appurtenances thereof, across the stream for the development of water power and for other purposes; provided, however, this Code section shall not be […]
§ 44-8-5. Rights of Adjoining Landowners in Navigable Streams
As used in this chapter, the term “navigable stream” means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream […]
§ 44-8-6. Nonnavigable Tidewaters; Title; Rights of Adjoining Landowners; Principles When Tidewaters Are Boundaries; Accretions
The title to the beds of all nonnavigable tidewaters where the tide regularly ebbs and flows shall vest in the owner of the adjacent land for all purposes, including, among others, the exclusive right to the oysters, clams, and other shellfish therein or thereon. If the water is the dividing line between two parcels of […]
§ 44-8-7. Rights of Owners of Land Adjacent to or Covered by Navigable Tidewaters
A navigable tidewater is any tidewater, the sea or any inlet thereof, or any other bed of water where the tide regularly ebbs and flows which is in fact used for the purposes of navigation or is capable of transporting at mean low tide boats loaded with freight in the regular course of trade. The […]
§ 44-8-8. Exclusive Appropriation of Tidewaters
Nothing in Code Sections 44-8-6 and 44-8-7 shall be so construed as to authorize such an exclusive appropriation of any tidewater, navigable or nonnavigable, by any person as will prevent the free use of the same by other persons for the purposes of passage and for the transportation of such freights as may be capable […]
§ 44-8-9. Construction of Levees and Ditches; Diversion of Watercourses
All persons owning lands on any watercourses are authorized to ditch and embank their lands in order to protect the lands from freshets and overflows in the watercourses, provided that the ditching and embanking does not divert the watercourse from its ordinary channel; but nothing in this Code section shall be so construed as to […]