The beds of nonnavigable streams belong to the owner of the adjacent land. If the stream is a dividing line between two parcels of land, each owner’s boundary shall extend to the thread or the center of the main current of the water. If the current changes gradually, the boundary line follows the current. If from any cause the stream takes a new channel, the original line, if identifiable, remains the boundary. Gradual accretions of land on either side accrue to the owner of that side.
History. Orig. Code 1863, § 2207; Code 1868, § 2202; Code 1873, § 2228; Code 1882, § 2228; Civil Code 1895, § 3058; Civil Code 1910, § 3630; Code 1933, § 85-1302.
Cross references.
Jurisdiction of county over stream of water which forms boundary of county, § 36-1-2 .
Diversion, obstruction, or pollution of nonnavigable watercourses as constituting trespass, § 51-9-7.
Law reviews.
For article on principles of water law in the southeast, see 13 Mercer L. Rev. 344 (1962).
Structure Georgia Code
§ 44-8-1. Ownership of Running Water; Right to Divert or Adulterate Water
§ 44-8-5. Rights of Adjoining Landowners in Navigable Streams
§ 44-8-7. Rights of Owners of Land Adjacent to or Covered by Navigable Tidewaters
§ 44-8-8. Exclusive Appropriation of Tidewaters
§ 44-8-9. Construction of Levees and Ditches; Diversion of Watercourses