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GA HB1172

Bill

Status

Passed

5/6/2024

Primary Sponsor

James Burchett

Click for details

Origin

House of Representatives

2023-2024 Regular Session

AI Summary

  • Removes references to the "common law public trust doctrine" from Georgia's water rights statute (Code Section 44-8-5) while preserving public use rights on navigable streams
  • Establishes that citizens have an inherent common law right to use all navigable streams from low-water mark to low-water mark for passage, hunting, and fishing
  • Retains the state's ownership of all navigable stream beds acquired upon statehood, except where private title originates from a valid Crown or state grant before 1863
  • Where private parties hold valid title to navigable stream beds, the public's right is limited to using those streams only for passage, hunting, and fishing
  • Explicitly prohibits construing the provision as permitting entry upon privately owned land adjacent to navigable streams

Legislative Description

Water rights; public trust doctrine; remove references

Last Action

Effective Date 2024-07-01

5/6/2024

Committee Referrals

Judiciary2/27/2024
Judiciary2/8/2024

Full Bill Text

No bill text available