2020 Georgia Code
Title 12 - Conservation and Natural Resources
Chapter 5 - Water Resources
Article 3 - Wells and Drinking Water
Part 2 - Ground-Water Use Generally
§ 12-5-90. Short Title
This part shall be known and may be cited as the "Ground-water Use Act of 1972."
(Ga. L. 1972, p. 976, § 1.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1992, "Ground-water" was substituted for "Ground Water".
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, "Special Challenges to Water Markets in Riparian States," see 21 Ga. St. U.L. Rev. 305 (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
Denial of groundwater withdrawal permit proper.
- Georgia environmental department's analysis and decision to deny a city's application for a groundwater withdrawal permit complied with O.C.G.A. § 12-5-96(d) as a matter of law as the decision supported the policies of the Groundwater Use Act of 1972 as set out in O.C.G.A. § 12-5-91, the department was entitled to place more emphasis on the city's need or necessity for a new water withdrawal under O.C.G.A. § 12-5-90(d)(1) over other factors, and the department was not statutorily or regulatorily required to issue findings of fact and conclusions of law to show that the department considered all ten factors under § 12-5-96(d). City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).
