Update 2024-02-27: Navigable stream additions to GA HB 1397 2024-02-27.
Update 2024-02-25: Need to add Sugar Creek, as well as Cat Creek and Franks Creek.
Following up on the December 2023 report of the Fishing Rights Study Committee, that Committee’s Chair, Rep. Burchett of Waycross, who is also the House Majority Whip, this Thursday introduced HB 1397, which defines navigable streams in Georgia.
Warrior Creek, Okapilco Creek, Deep Creek, Bird Wing Run
The bill’s list appears to include all of Georgia parts of the WWALS water trails, plus some creeks and an upstream reach of the Alapaha River.
However, the entire Alapahoochee River is missing, https://wwals.net/maps/alapaha-water-trail/arwt-map/arwt-points/#ga-376-bridge, as is the East Fork of the Suwannee River in the Okefenokee Swamp. The North Fork of the Suwannee River is missing, but it’s so overgrown that’s not surprising.
Considering the inclusion of Okapilco Creek, the bill needs to add Sugar Creek below Baytree Road, which is a nice urban creek with a beach and shoals, https://wwals.net/?p=56221 with the WaterGoat trash trap, https://wwals.net/?p=63876 and will be used this coming Saturday, March 2, as the early takeout for the Mayor and Chairman’s Paddle. https://wwals.net/?p=64095
Similarly, the bill could add add Cat Creek below GA 37 and Franks Creek below GA 122. That would help with finding and fixing E. coli problems seen at bridges on those creeks. WWALS has already started investigating those creek problems and has applied for a testing grant. https://wwals.net/?p=58982
These are the bill’s items in the Suwannee River Basin. If I’ve missed any, somebody let me know.
(2) Alapaha River downstream from confluence with Deep Creek upstream of Crystal Lake Road;
(28) Little River (Withlacoochee) downstream of Kinard Bridge Landing;
(33) Middle Fork Suwannee River downstream of confluence with Bird Wing Run;
(43) Okapilco Creek downstream of US Highway 84;
(52) Suwannee River in its entirety;
(62) Warrior Creek downstream of Ellenton Omega Road;
(63) Withlacoochee River downstream of GA Highway 37;
Some other creek names look like they could be ours, such as Turkey Creek, but they can’t be due to the roads named with them. I often wish early settlers had been more creative with creek names.
Let’s go west by major river basin to each stream.
Little River
(28) Little River (Withlacoochee) downstream of Kinard Bridge Landing;
That’s the most upstream Little River landing on the Withlacoochee and Little River Water Trail (WLRWT), so no complaints.
Warrior Creek in
the WWALS
map of the Withlacoochee and Little River Water Trail (WLRWT)
(62) Warrior Creek downstream of Ellenton Omega Road;
This one is surprising. I’m guessing somebody in Colquitt County wanted it included. We must go look at that.
Ellenton Omega Road Warrior Creek Bridge
in
Google Streetview
Warrior Creek enters the Little River downstream of Kinard Bridge Landing and Red Roberts Landing.
Withlacoochee River
(63) Withlacoochee River downstream of GA Highway 37;
That’s the most upstream end of the WLRWT on the WIthlacoochee River, so no complaints. GA 37 is the location of Youngs Mill Creek Landing in Cook County and Ray City Landing in Berrien County.
US 84 Bridge, Okapilco Creek
in
WLRWT
(43) Okapilco Creek downstream of US Highway 84;
Maybe somebody in Brooks County asked for that. James Burchett is also the Brooks County Attorney, although I don’t know whether that is relevant.
Our experience is that it’s hard to even find the Okapilco Creek Confluence from the Withlacoochee River, but apparently somebody uses boats on Okapilco Creek.
I would have thought continue up to GA 76, but US 84 I suppose makes sense.
Alapaha River
(2) Alapaha River downstream from confluence with Deep Creek upstream of Crystal Lake Road;
Deep Creek, Alapaha River
in the WWALS
map of the Alapahe River Water Trail (ARWT)
Deep Creek is just upstream of Walker Ford, which is 38 river miles upstream of Sheboggy Boat Ramp, which is the most upstream public landing on the Alapaha River Water Trail (ARWT).
We’ve often been told that people put in to paddle at the US 129 Bridge, which is about 6 and a half miles upstream from Sheboggy Boat Ramp. Both of those are in Berrien County.
We also list for informational purposes, but not as part of the ARWT, Five Bridges Road Landing, Deserter Lake Landing in the Alapaha River WMA, and Ocilla-Tifton Landing on US 319. We do not recommend trying to paddle between these upstream landings, since the Alapaha River is often too low to get through in many places. Plus we hear that some people get mighty possessive about what they consider their lakes on their river.
Deep Creek is more than 14 miles upstream from US 319.
So that’s a surprising location, but we’re not complaining,
The Willacoochee River is not included, and that’s no surprise, since we do not hear of people paddling on it. It’s hard even to find it from the Alapaha River.
However, the Alapahoochee River should be included from GA 376 Landing down. Or at the very least from GA 135 Landing.
Suwannee River
(33) Middle Fork Suwannee River downstream of confluence with Bird Wing Run;
(52) Suwannee River in its entirety;
Can’t argue with Suwannee River in its entirety.
Probably the Georgia legislature couldn’t, either, since that’s the only Suwannee River Basin river in Georgia that the U.S. Army Corps of Engineers lists as navigable. Nevermind that just across the state line Florida considers the Alapaha and Withlacoochee also navigable.
Bird Wing Run and Middle Fork, Suwannee River in the WWALS
map of the Suwannee River Water Trail (SRWT).
Bird Wing Run enters the North Middle Fork Suwannee River in Big Water Lake,
upstream of Minnies Lake Canoe Shelter and the turnoff to Floyds Island,
and downstream of Big Water Canoe Shelter.
It’s not clear why there, and not continue at least to Big Water Canoe Shelter,
or even up to Maul Hammock Canoe Shelter.
People paddle through there frequently.
Completely missing is East Fork Suwannee River, which you’d think would be included at least the mile or so up to Billys Island, or on to Canal Run Campsite.
Also missing is the North Fork Suwannee River, but that’s so overgrown up past the Sill that nobody has been to Cravens Hammock Canoe Shelter in years.
Since all these Suwannee River Forks are inside the Okefenokee National Wildlife Refuge, which controls passage and fishing rights, and there are no private property rights, probably these details don’t matter.
Outside the Refuge, all of the Suwannee River Water Trail (SRWT) in Georgia is navigable according to this bill.
The Bill
See also PDF.
Introduced February 22, 2024, by Rep. James Burchett, D 176, Waycross, HB 1397: Water rights; list of streams presumed to be navigable; provide,
First Reader Summary
A BILL to be entitled an Act to amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, so as to provide for a list of streams presumed to be navigable; to provide for related matters; to repeal conflicting laws; and for other purposes.
House Bill 1397
By: Representative Burchett of the 176th
A BILL TO BE ENTITLED
AN ACT
1 To amend Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water
2 rights, so as to provide for a list of streams presumed to be navigable; to provide for related
3 matters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
5 SECTION 1.
6 Chapter 8 of Title 44 of the Official Code of Georgia Annotated, relating to water rights, is
7 amended by adding a new Code section to read as follows:
8 “44-8-5.1.
9 The following streams and parts of streams in this state shall be presumed to be navigable
10 streams in any judicial or administrative proceeding where the navigability of any such
11 stream or part of a stream is at issue:
12 (1) Alabaha River downstream from confluence of Hurricane Creek and L. Hurricane
13 Creek;
14 (2) Alapaha River downstream from confluence with Deep Creek upstream of Crystal
15 Lake Road;
16 (3) Alcovy River downstream of Alcovy Trestle Road;
17 (4) Altamaha River downstream from confluence of Ocmulgee and Oconee Rivers;
18 (5) Apalachee River downstream of confluence with Jacks Creek above Highway 441;
19 (6) Armuchee Creek downstream of US Highway 27;
20 (7) Big Indian Creek downstream from confluence with Mossy Creek above US
21 Highway 129;
22 (8) Big Satilla Creek downstream from confluence with Colemans Creek above US
23 Highway 84;
24 (9) Brier Creek downstream from confluence with Reedy Creek above GA Highway 88;
25 (10) Broad River downstream of confluence of North Fork and Middle Fork Broad River
26 above Bond Bridge Road;
27 (11) Canoochee River downstream of confluence with 15 Mile Creek above Kennedy
28 Bridge Road;
29 (12) Chattahoochee River downstream of GA Highway 115;
30 (13) Chattooga River (NE) downstream of boundary between Georgia and North
31 Carolina;
32 (14) Chattooga River (NW) downstream of US Highway 27;
33 (15) Chestatee River downstream of confluence with Tesnatee Creek above Copper
34 Mines Road;
35 (16) Conasauga River downstream of the boundary between Georgia and Tennessee;
36 (17) Coosa River downstream of confluence of Oostanaula River and Etowah River;
37 (18) Coosawattee River downstream of confluence of Cartecay River and Ellijay River;
38 (19) Etowah River downstream of GA Highway 9;
39 (20) Flint River downstream of W McIntosh Road;
40 (21) Hudson River downstream of GA Highway 326;
41 (22) Kinchafoonee Creek downstream of confluence with Choctahatchee Creek above
42 GA Highway 45;
43 (23) Line Creek downstream of Line Creek Road;
44 (24) Little Ocmulgee River downstream of GA Highway 134;
45 (25) Little Ohoopee River in its entirety;
46 (27) Little River (Sinclair) downstream of GA Highway 16;
47 (28) Little River (Withlacoochee) downstream of Kinard Bridge Landing;
48 (30) Little River (Clarks Hill) downstream of Lumburg Road;
49 (31) Little Satilla River downstream of confluence of Big Satilla Creek and Little Satilla
50 Creek;
51 (32) Little Tallapoosa River downstream of Bowdon Tyus Road;
52 (33) Middle Fork Suwannee River downstream of confluence with Bird Wing Run;
53 (34) Middle Oconee River downstream of Etheridge Road;
54 (35) Muckalee Creek downstream of confluence with Fox Creek above GA Highway
55 195;
56 (36) North Oconee River downstream of Newton Bridge Road;
57 (37) Nottely River upstream of Nottely Lake to boundary between Georgia and North
58 Carolina;
59 (38) Ochlockonee River downstream of GA Highway 188;
60 (39) Ocmulgee River downstream of Lake Jackson to the Altamaha River;
61 (40) Oconee River downstream from confluence of North and Middle Oconee River to
62 the Altamaha River;
63 (41) Ogeechee River downstream of confluence with Little Ogeechee River above
64 Mitchell Road;
65 (42) Ohoopee River downstream of GA Highway 56;
66 (43) Okapilco Creek downstream of US Highway 84;
67 (44) Oostanaula River downstream of confluence of Conasauga River and Coosawattee
68 River;
69 (45) Pataula Creek downstream of confluence with Hodchodkee Creek above US
70 Highway 82;
71 (46) Saint Marys River downstream of confluence with North Prong and South Prong
72 Saint Marys River;
73 (47) Salacoa Creek downstream of confluence with Pine Log Creek above Lovebridge
74 Road;
75 (48) Satilla River downstream of GA Highway 64;
76 (49) Savannah River in its entirety;
77 (50) South River downstream of GA Highway 138;
78 (51) Spring Creek downstream of confluence with Long Branch above US Highway 27;
79 (52) Suwannee River in its entirety;
80 (53) Sweetwater Creek downstream of confluence with Olley Creek above Perkinson
81 Mill Road;
82 (54) Tallapoosa River downstream of the boundary between Harrison County and
83 Paulding County;
84 (55) Tallulah River downstream of Seed Lake to confluence with Chattooga River;
85 (56) Tobesofkee Creek downstream of confluence with Rocky Creek above Bond
86 Swamp National Wildlife Refuge boundary;
87 (57) Toccoa River downstream of confluence with Cooper Creek;
88 (58) Towaliga River downstream of confluence with Little Towaliga River above GA
89 Highway 42;
90 (59) Tugaloo River downstream of Tugaloo Lake;
91 (60) Turkey Creek downstream of GA Highway 19;
92 (61) Upatoi Creek downstream of confluence with Randall Creek above Red Arrow
93 Road;
94 (62) Warrior Creek downstream of Ellenton Omega Road;
95 (63) Withlacoochee River downstream of GA Highway 37; and
96 (64) Yellow River downstream of GA Highway 124.”97 SECTION 2.
98 All laws and parts of laws in conflict with this Act are repealed.
-jsq, John S. Quarterman, Suwannee RIVERKEEPER®
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