2021 Georgia Code
Title 44 - Property
Chapter 8 - Water Rights
§ 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.

(Ga. L. 1855-56, p. 12, § 1; Code 1863, § 2206; Code 1868, § 2201; Code 1873, § 2227; Code 1882, § 2227; Civil Code 1895, § 3057; Civil Code 1910, § 3629; Code 1933, § 85-1301.)

- For article, "Georgia Water Law, Use and Control Factors," see 19 Ga. B.J. 119 (1956). For article discussing federal liability for pollution abatement in condemnation actions, see 17 Mercer L. Rev. 364 (1966). For article discussing legal questions relating to interbasin transfer of water supply, see 13 Ga. St. B.J. 48 (1976). For article, "Hazardous Waste Issues in Real Estate Transactions," see 38 Mercer L. Rev. 581 (1987). 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).

ANALYSIS

• General Consideration
• Diversion of Water
• Pollution

OPINIONS OF THE ATTORNEY GENERAL

Riparian owner may prohibit fishing on part of navigable river.

- A property owner may bar public fishing in a fresh water stream on that portion of the stream that runs through land held by the property owner, although the stream is navigable. 1960-61 Op. Att'y Gen. p. 237.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Waters, §§ 1, 5-31, 230, 253.

24B Am. Jur. Pleading and Practice Forms, Waters, § 6.

- 65 C.J.S., Navigable Waters, §§ 64, 85. 93 C.J.S., Waters, §§ 9 et seq., 20 et seq., 134 et seq., 199 et seq.

- Right to hasten by improvement of street or highway the flow of surface water along natural drainways, 5 A.L.R. 1530; 36 A.L.R. 1463.

Liability for damages to riparian owner by means adopted to protect bridge or other structure in or across stream at time of flood, 7 A.L.R. 116.

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.

Liability of one who diverts stream into new channel for overflow, 12 A.L.R. 187.

Right to damages for the destruction of riparian owner's access to navigability by improvement of navigation, 21 A.L.R. 206.

Constitutionality of statutes affecting riparian rights, 56 A.L.R. 277.

Extent of detention or retardation of water incident to riparian rights, 70 A.L.R. 220.

What constitutes natural drainway or watercourse for flow of surface water, 81 A.L.R. 262.

Right of riparian landowners to continuance of artificial conditions established above or below their land, 88 A.L.R. 130.

Right of riparian owner on navigable water to access to water, 89 A.L.R. 1156.

Appropriation of water as creating right, as against subsequent appropriator, to continue method or means of diversion, 121 A.L.R. 1044.

Agreement in respect of water rights in stream as creating a mere personal obligation, covenant running with the land, or an easement, 127 A.L.R. 835.

Right of riparian owner to continuation of periodic and seasonal overflows from stream, 20 A.L.R.2d 656.

Landowner's right to relief against pollution of his water supply by industrial or commercial waste, 39 A.L.R.3d 910.

Propriety of injunctive relief against diversion of water by municipal corporation or public utility, 42 A.L.R.3d 426.

Liability of oil and gas lessee or operator for injuries to or death of livestock, 51 A.L.R.3d 304.

Modern status of rules governing interference with drainage of surface waters, 93 A.L.R.3d 1193.

Exemption from sales or use tax of water, oil, gas, other fuel, or electricity provided for residential purposes, 15 A.L.R.4th 269.

Liability for diversion of surface water by raising surface level of land, 88 A.L.R.4th 891.