When dealing with water or riparian rights in Georgia, you must understand the legal framework that governs these rights. According to riparian rights, landowners with property next to a body of water can use that water within reason. However, these rights come with specific legal considerations.
Ownership and use of water
First, you must recognize that running water belongs to the landowner through whose property it flows. This means you can use the water for domestic, agricultural and manufacturing purposes, provided your use does not harm other riparian owners. You cannot divert the water from its natural course or adulterate it in a way that affects downstream owners.
Reasonable use principle
Georgia law emphasizes the concept of “reasonable use.” This means your water use must be reasonable and not interfere with the rights of other riparian landowners. For example, you can use water for irrigation, but you must ensure that your usage does not significantly diminish the water available to others. The law also protects the natural flow of water, ensuring that upstream owners do not obstruct or alter the flow to the detriment of downstream owners.
Limitations on non-riparian land
Additionally, you must know the limitations of using water on non-riparian land. Riparian rights belong to the land that directly touches the watercourse. You cannot transfer these rights to non-riparian land or use the water on land that does not adjoin the watercourse.
Ensuring compliance
In summary, as a riparian landowner in Georgia, you have the right to use the water flowing through your property. However, you can only do so within reason and without harming other riparian owners. Understanding these legal considerations ensures you comply with Georgia’s water laws and respect your neighbors’ rights.
Consider consulting a lawyer if you have legal issues regarding your riparian rights.
