The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. The legislature has no power to compel or interfere with the owner’s lawful use of the stream, for the benefit of those above or below him on the stream, except to restrain nuisances.
History. Orig. Code 1863, § 2210; Code 1868, § 2205; Code 1873, § 2231; Code 1882, § 2231; Civil Code 1895, § 3061; Civil Code 1910, § 3633; Code 1933, § 85-1305.
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