Navigable Streams

Update 2024-12-27: Final Report: Georgia House Study Committee on Navigable Streams 2024-12-01.

Please continue to talk to your Georgia statehouse members about any potential legislation.

Here’s the problem: A 19th-century navigable definition does not work for 21st-century river economies.

We never had bales of cotton boated down the Withlacoochee, Little, Alapaha, or Suwannee Rivers, because there are too many shoals.

19th-century navigable definition; 21st-century river economy

But we do get fishing both from the shore and in paddle and power boats up and down our rivers, and for other recreation, There are massive investments by nearby cities and counties and other organizations in cleaning up the rivers for those purposes.
The state of Georgia needs to revise its 19th-century definition of navigability and passage to match the 21st-century present.

How navigability became a major issue: Grant Blankenship, GPB, October 30, 2023, How a law aimed at keeping Georgia rivers open to all may have muddied the water

The Law

2023 CODE OF GEORGIA
Title 44 – PROPERTY (§§ 44-1-1 — 44-17-7)
Chapter 8 – WATER RIGHTS (§§ 44-8-1 — 44-8-10)
Section 44-8-5 – Rights of adjoining landowners in navigable streams
Universal Citation: GA Code § 44-8-5 (2023)

(a) As used in this chapter, the term “navigable stream” means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable.

(b) The rights of the owner of lands which are adjacent to navigable streams extend to the low-water mark in the bed of the stream.

(c)

(1) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that, by the common law, the citizens of this state have an inherent right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark. The General Assembly further finds that the public retained the aforementioned right even where private title to beds of navigable streams originates from a valid grant, but in such cases, the public’s right is limited to only using such navigable streams for passage and for hunting and fishing.

(2) Nothing contained in this subsection shall be construed to permit entry upon privately owned land adjacent to navigable streams.

Amended by 2024 Ga. Laws 597,§ 1, eff. 7/1/2024.

Amended by 2023 Ga. Laws 92,§ 1, eff. 7/1/2023.

2023 CODE OF GEORGIA
Title 52 – WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4)
Chapter 1 – GENERAL PROVISIONS (§§ 52-1-1 — 52-1-39)
Article 2 – RIGHT OF PASSAGE (§§ 52-1-30 — 52-1-39)
Section 52-1-31 – Legislative findings and declaration of policy
Universal Citation: GA Code § 52-1-31 (2023)

The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state constitutions. Therefore, the General Assembly declares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assembly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojournment, or residence interfere with the citizens’ right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the procedures and within the timetable set forth in this article.

Bills

HB 1172 Water Rights; the public trust doctrine; remove references

Passed March 26, 2024, signed by the governor May 6, 2024, effective date July 1, 2024.

(c)(1) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and, as sovereign, is trustee of its peoples’ rights to use and enjoy all navigable streams capable of use for fishing, hunting, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. The state continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that, by the common law, the citizens of this state have an inherent right to use for passage and for hunting and fishing all navigable streams from low-water mark to low-water mark. The General Assembly further finds that the public retained the aforementioned ~~rights under such doctrine~~ right even where private title to beds of navigable streams originates from a valid grant, but in such cases, the public’s right is limited to only using such navigable streams for passage and for hunting and fishing.
(2) Nothing contained in this subsection shall be construed to permit entry upon privately owned land adjacent to navigable streams.

Jill Nolin, Georgia Recorder, February 15, 2024, House panel approves bill intended to clarify when landowners can restrict access to streams

SB 115 Ignore the title and click on Current.

Passed March 30, 2023, signed by the governor May 1, 2024, effective date July 1, 2023.

0.C.G.A. 44-8-5(c) The General Assembly finds that the state procured ownership of all navigable stream beds within its jurisdiction upon statehood and, as sovereign, is trustee of its peoples’ rights to use and enjoy all navigable streams capable of use for fishing, hunting, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. The state continues to hold title to all such stream beds, except where title in a private party originates from a valid Crown or state grant before 1863. The General Assembly further finds that the public retained the aforementioned rights under such doctrine even where private title to beds originates from a valid grant.