By Glenn Harbison, News-Observer
A Georgia House of Representatives Study Committee’s recommendations means north Georgia streams are safe from any changes to state standards for navigable waterways.
State Representative Johnny Chastain (R-Blue Ridge) said last week, the committee’s report “means that no streams in north Georgia will be changed in any way.”
That report was released Tuesday, Dec. 3.
It detailed three meetings held by the committee in Newnan, at Unicoi State Park and the state capitol addressing the state’s 70,150 miles of rivers and streams.
The report stipulated that, according to Georgia law, a nontidal, “navigable stream” is defined as one “capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year (and notes) the mere rafting of timber or the transporting of wood in small boars shall not make a stream navigable.” This definition dates back to 1863.
It in turn helps define the property rights of owners adjacent to waterways versus the rights on fishermen on the state’s waters.
Property owners, especially in north Georgia where trout streams are abundant and flow through private property, have vocally opposed changes in the law. Yet the state legislature has looked seriously at expanding the rights of fishermen, the hottest battle being waged over south Georgia rivers. But any change was seen as having a detrimental affect on north Georgia streams.
The committee’s report following the meetings said, “The prevailing view is that most landowners and outdoor enthusiasts have no problem with one another, but seek respect from one another. Respect cannot be legislated, but trespass can be legislated, confrontations can be mitigated and the details of Georgia law can be better communicated.”
The committee concluded its report recommending the definitions of navigability and navigable streams be maintained and the state refrain from a “statutory delineation of navigable and non-navigable streams.”
The conclusion also called for strengthening incentives and tools for both public access and conservation, preserving Georgia’s Outdoor Stewardship Program, urging the Department of Natural Resources to improve ways to solve disputes on waterways, and protecting Georgia’s outdoor traditions.
“Hopefully, this will put to bed any further legislation and study committees on this issue,” Chastain said.