2020 Georgia Code
Title 44 - Property
Chapter 8 - Water Rights
§ 44-8-4. Nonnavigable Streams - Construction of Dams, Canals, and Appurtent Works; 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 construed to release individuals or corporations constructing such dam or dams and appurtenant works from liability to private property owners for damages resulting from the construction and operation thereof either by overflow or otherwise.
(Ga. L. 1908, p. 78, § 1; Civil Code 1910, § 3634; Code 1933, § 85-1306.)
Cross references.- Inspection, permitting, etc., of dams and other artificial barriers, § 12-5-370 et seq.
RESEARCH REFERENCES
Am. Jur. 2d.
- 78 Am. Jur. 2d, Waters, §§ 18-22, 26, 27, 29, 30, 41, 79, 200-205, 211-220.
C.J.S.- 65 C.J.S., Navigable Waters, §§ 23 et seq., 55 et seq., 64. 93 C.J.S., Waters, §§ 11, 18 et seq., 38 et seq., 146, 311 et seq.
ALR.
- Power of Legislature to relieve one authorized to construct a dam from liability for damages to adjoining property, 6 A.L.R. 1326.
Right of owner of upland to make a use, not connected with navigation, of the shore between high and low water mark, which excludes the general public, 10 A.L.R. 1053; 107 A.L.R. 1347.
Applicability of rule of strict or absolute liability to overflow or escape of water caused by dam failure, 51 A.L.R.3d 965.
Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.
Liability for overflow of water confined or diverted for public power purposes, 91 A.L.R.3d 1065.
