Tag Archives: riparian landowners

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

They decided not to change the 1863 law, and did not chart any clear legislative course forward.

This is better than some courses they could have taken, the Georgia House Study Committee on Navigable Streams and Related Matters.

However, they seem to left the problem for everyone else to navigate in ad hoc partnerships, which could leave paddlers having to negotiate passage among many parties.

[Final Report for little change, maybe privatization of passage 2024-12-01, Georgia House Study Committee on Navigable Streams and Related Matters]
Final Report for little change, maybe privatization of passage 2024-12-01, Georgia House Study Committee on Navigable Streams and Related Matters

Here are the recommendations of the committee from their final report:

  1. Maintain the definition of navigability set forth in O.C.G.A. §44-8-5(a) and the right of passage for navigable streams as found in O.C.G.A. §52-1-31;
  2. Refrain from a statutory delineation of navigable and non-navigable streams;
  3. Incentivize and strengthen tools to foster collaboration and partnerships between landowners, nonprofits, and local/state government that increase opportunities for public access and conservation of Georgia’s waterways;
  4. Preserve the Georgia Outdoor Stewardship Program;
  5. Urge the Department of Natural Resources to further publicize and fund new technologies that assist in tracking and resolving disputes on waterways; and
  6. Protect Georgia’s fishing, hunting, trapping, and outdoor recreation traditions, as well as those reliant on waterways such as logging and farming, by carefully analyzing the impact of any potential legislation on these sectors.

They paid commendable attention to what the public had to say, including fishers, paddlers, riparian landowners, loggers, farmers, and trappers (who said current law does not permit them to trap on public waters).

Noting pulls in various directions, the committee continued to support the 1863 law that requires a navigable stream to be “capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year,” while the committee also depended on GA-DNR’s opinion: Continue reading