Tag Archives: navigable

Help keep paddle access to Georgia rivers 2024-07-22

Update 2024-08-09: Georgia House Navigable Streams Study Committee 2024-08-15.

The Georgia legislature is trying to define which creeks and rivers are navigable. They are using an antique law to do so.

You can help keep Georgia rivers and creeks navigable by logging your river trips here:
https://survey123.arcgis.com/share/32bc9531a62e4c83971b162a58eb25f2

The goal of this mapping project is to document the upstream extent of recreational descents on as many Georgia rivers as possible. Paddlers documenting their descents through this survey could help protect access to streams for generations to come. We encourage paddlers to submit their earliest and farthest upstream descent on as many rivers as possible.

[Help keep paddle access to Georgia rivers, Contact your statehouse members, Record your paddle outings]
Help keep paddle access to Georgia rivers, Contact your statehouse members, Record your paddle outings

Maybe you’d also like to explain to the Georgia statehouse that the 1863 definition of navigable is outdated: “is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.”

Nowadays we fish, paddle, and motor in forms of recreational commerce that were not common in 1863.

Here is one way to contact your Georgia state legislators:
https://action.outdooralliance.org/a/protect-the-publics-right-to-paddle-in-georgia_7_24 Continue reading →

Help oppose bad Georgia bills HB 1146 rich man’s water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium 2024-03-25

Update 2024-03-27: Last days to oppose GA HB 1146, the rich private water system bill 2024-03-27.

Help stop the Georgia legislature from passing bad bills in a rush before it ends Wednesday.

[Help oppose bad Georgia bills HB 1146 rich man's water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium]
Help oppose bad Georgia bills HB 1146 rich man’s water system, HB 1172 river trespass, and SB 132 fake Okefenokee moratorium

The former fake dragline mining moratorium that failed got pasted onto another bill, SB 132. Although you cannot even see the current text on the Georgia legislature web page, this slapped-in bill still has too many restrictions on appeals and would do nothing to stop the currently proposed mine or any other mine using different mining methods.

Here’s how to contact your Georgia Senate member:
https://wwals.net/about/elected-officials/georgia-senate/

Here’s how to contact your Georgia House member:
https://wwals.net/about/elected-officials/georgia-house/

Floridians, please ask your Georgia friends and relatives to do this.

HB 1172 says people can boat or fish on “navigable” rivers, but doesn’t say they can step ashore, even if they capsize. The previous poorly-fashioned bill to define navigable did not pass, so HB 1172 would also leave the possibility of streams long used for boating and fishing getting closed off by private property owners according to Georgia’s antiquated 1863 definition of navigable. Also, removing any mention of the public trust doctrine is not a good idea. Continue reading →

A 19th-century navigable definition does not work for 21st-century river economies

Update 2024-07-26: Help keep paddle access to Georgia rivers 2024-07-22.

We never had bales of cotton boated down the Withlacoochee River, because there are too many shoals.

[19th-century navigable definition; 21st-century river economy]
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.

The antique 19th-century definition

The Georgia 1863 definition says a navigable stream “is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.” See Georgia Navigability Report, 3rd Edition and O.C.G.A. 44-8-5 (2010)

Some people once tried boating down the Withlacoochee River to the Suwannee to establish commerce. They sold the remains of the boat and returned to the former Lowndes County seat of Troupville, at the Little River Confluence with the Withlacoochee River. Atlanta Constitution, January 29, 1889, Continue reading →

Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26

Update 2024-03-08: A 19th-century navigable definition does not work for 21st-century river economies 2024-02-29.

I watched it so you don’t have to, Monday’s meeting of the Georgia Natural Resources & Environment Environmental Quality Subcommittee.
https://www.youtube.com/watch?v=pnl5fJP5ptM&t=1425s

The subcommittee is meeting again at 1PM today, February 28, 2024, with HB 1397 as the only thing on the agenda, and Rep. John Corbett again chairing.
https://www.house.ga.gov/Documents/Agendas/Natural%20Resources/January%2024,%202011%2027.pdf

See also the input I sent the legislators yesterday, Navigable stream additions to GA HB 1397 2024-02-27.

This is not a transcript. Except where I use quotation marks, it is a paraphrase of what I found to be the important points of the Monday subcommittee meeting.

[Rep. James Burchett, Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26]
Rep. James Burchett, Navigability in HB 1397 in GA House Natural Resources & Environment Quality Subcommittee 2024-02-26

The bill’s sponsor, Rep. James Burchett (District 176, Waycross) said he was concerned about people boating on oxbows and creeks onto private property, so the bill definitely did not include tributaries as navigable. He worries that currently the Georgia Department of Natural Resources (GA-DNR) is in a difficult position of having to decide matters of law.

Burchett said that he constructed the list Continue reading →