2020 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 5 - Water Resources
Article 2 - Control of Water Pollution and Surface-Water Use
§ 12-5-46. Effect of Article on Rights of Action
Nothing in this article shall be construed to alter or abridge any right of action existing in law or equity, civil or criminal, nor shall any provision of this article be construed to prevent any person, as a riparian owner or otherwise, from exercising his rights to suppress nuisances or to abate any pollution.
(Ga. L. 1964, p. 416, § 17.)
Cross references.- Property rights in water generally, T. 44, C. 8.
Diversion, obstruction, or pollution of stream as constituting trespass, § 51-9-7.
Law reviews.- 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, "Sharing Water Through Interbasin Transfer and Basis of Origin Protection in Georgia: Issues for Evaluation in Comprehensive State Water Planning for Georgia's Surface Water Rivers and Groundwater Aquifers," see 21 Ga. St. U.L. Rev. 339 (2004).
JUDICIAL DECISIONS
Intent of section.
- This article is not intended to alter the general rules of law in regard to the abatement of public or private nuisances. J.D. Jewell, Inc. v. Hancock, 226 Ga. 480, 175 S.E.2d 847 (1970) (see O.C.G.A. Art. 2, Ch. 5, T. 12).
RESEARCH REFERENCES
ALR.
- Right of riparian owner to construct dikes, embankments, or other structures necessary to maintain or restore bank of stream or to prevent flood, 53 A.L.R. 1180; 23 A.L.R.2d 750.
Measure and elements of damages for pollution of a stream, 49 A.L.R.2d 253.
Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.
Maintainability in state court of class action for relief against air or water pollution, 47 A.L.R.3d 769.
Right to maintain action to enjoin public nuisance as affected by existence of pollution control agency, 60 A.L.R.3d 665.
Standing to sue for violation of state environmental regulatory statute, 66 A.L.R.4th 685.
