Water Laws & Georgia

Over the past couple years, due to some sireous droughts, there has been much buzz about the current laws regarding water usage in Atlanta, and surrounding areas. Here's some clarification:

Eastern water law, which includes the law of the original states, is derived from the English common law and may be characterized as a law of riparian rights. Briefly, as in the United Kingdom, it is based on waterways that flow throughout the year. Owners of land through which, and adjacent to which, water flows, have the right to use the water for virtually any purpose. But they are obligated to receive the flows from above, and are also obligated to permit the flows to continue below. But they can delay the flows by storing the water temporarily, such as we do at Lake Lanier, but, they must permit the flows to continue below. Lastly, these rights and obligations pass to subsequent owners of the land.

Western water law may be characterized as a law of prior appropriation and is generally applicable to areas that were once owned by the United States. It is derived from the fact many waterways obtain their flows from the melt of winter snows and dry up when the melt is gone. Because of federal laws in the 1800s, water rights were separated from the title to lands owned by the United States and, therefore, no water rights pass to subsequent owners of those lands.

For more information regarding Georgia State Laws, and attorneys who can assist you with them, please contact Attorney Ken Nugent & Associates.