Study Committee on Navigable Streams Releases Recommendations

“Status quo” fails to protect small businesses and river recreation, advocacy groups say

ATHENS, GA, December 5, 2024 –When it comes to determining where Georgians have the right to boat, fish and hunt on the state’s rivers and streams, a state legislative study committee endorsed no changes to existing laws in a report released Dec. 2. 

That approach could leave small outdoor recreation businesses at risk and lead to a rise in confrontations between waterfront landowners and boaters and anglers, according to a coalition of recreational boating groups. 

“Maintaining the status quo may lead to the public being excluded from more streams across the state and will have a chilling effect on the state’s robust outdoor recreation economy,” said Rena Peck, Georgia Rivers Executive Director, “The legislature needs to protect boating on the state’s small streams in order to level the playing field with neighboring states where recreational boating in canoes and kayaks is protected on all streams capable of floating recreational watercraft.”  

The Freedom to Float Coalition, including Georgia Rivers, Georgia Canoeing Association, Tennessee Valley Canoe Club, American Canoe Association and American Whitewater, had urged the committee to recognize Georgia’s long tradition of permitting boating on all streams capable of floating boats. 

This “right of passage” down such streams allowed early Georgians to move goods to markets along the state’s waterways, both large and small. In the 1840s, the Georgia Supreme Court established this right in the state’s common law, and later, in the modern era, the high court reaffirmed this right.  

Since the rise of whitewater canoeing, kayaking and rafting on North Georgia streams in the 1960s, boaters have continued to enjoy the freedom to float down the state’s popular boating destinations.

“Today, recreational boating is as critical to Georgia’s record setting tourism economy as boating passage for trade was to early Georgians,” said Carol Proctor, a representative of Georgia Canoeing Association, which has led thousands of trips on the state’s rivers since the late 1960s. 

The House Study Committee on Navigable Streams and Related Matters notably rejected a legislative effort during the recent General Assembly session that attempted to create a list of navigable streams upon which boating, fishing and hunting would be allowed. 

Although the bill was intended to give the public and law enforcement clarity about where such recreational activities are permitted, boating advocates say that such policy could lead to the prohibition of recreational boating on dozens of streams that are popular tourism destinations. 

While recognizing the problems inherent in creating a list of “navigable streams,” the study committee stopped short of endorsing policy allowing boating passage down the state’s streams that will float recreational watercraft. 

In defending the right of waterfront property owners to prohibit the public from passing down streams, the committee cited an 1863 law defining “navigable streams” as those capable of floating vessels loaded with freight and a controversial 1997 Georgia Supreme Court decision.  That ruling allowed a property owner along Ichawaynochaway Creek in Southwest Georgia’s Baker County to exclude the public from some 15 miles of the creek because it was determined it could not support passage by a modern day commercial barge. 

“That ruling was wrong on so many fronts, not the least of which was that it made a stream that has been boated and fished by local residents for generations into a wholly private stream,” said Dan MacIntyre, an attorney and paddler with Georgia Canoeing Association. “This decision took the longstanding rights of millions of Georgians and handed them over to a single private entity.”

The committee, which met three times over the course of four months, made six recommendations related to navigable streams: 

1. Maintain the definition of navigability set forth in O.C.G.A. §44-8-5(a) and the right of passage for navigable streams as found in O.C.G.A. §52-1-31; 
2. Refrain from a statutory delineation of navigable and non-navigable streams; 
3. Incentivize and strengthen tools to foster collaboration and partnerships between landowners, nonprofits, and local/state government that increase opportunities for public access and conservation of Georgia’s waterways 
4. Preserve the Georgia Outdoor Stewardship Program; 
5. Urge the Department of Natural Resources to further publicize and fund new technologies that assist in tracking and resolving disputes on waterways; and 
6. Protect Georgia’s fishing, hunting, trapping and outdoor recreation traditions as well as those reliant on waterways such as logging and farming, by carefully analyzing the impact of any potential legislation on these sectors. 

It is unclear whether these recommendations will lead to legislation in the upcoming 2025 General Assembly session.

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The Freedom to Float Coalition

Georgia Rivers, formerly known as Georgia River Network, is a statewide non-profit river advocacy group with the mission to connect people with and protect Georgia’s rivers. GRN is GA DNR’s non-profit river recreation partner coordinating the statewide water trails program and created the Georgia River Guide free mobile app.

American Whitewater is a national non-profit river conservation organization with the mission to protect and restore America’s whitewater rivers and to enhance opportunities to enjoy them safely. 

American Canoe Association is a national non-profit organization that serves the broader paddling public by providing educational programs, supporting stewardship initiatives that affect paddlers and offering competition opportunities for athletes of all abilities. 

Georgia Canoeing Association is a non-profit organization that promotes public river access, boating safety and canoeing and kayaking opportunities across the state. 

Tennessee Valley Canoe Club is a 501(c)(7) organization based in Chattanooga/North Georgia that brings together a diverse population of people who are interested in canoeing, kayaking, and related activities; to increase the knowledge, safety, and appreciation of paddle sports; and to support conservation and preservation of recreational waterways.

FOR MORE INFORMATION CONTACT: 

Joe Cook, Georgia River Network, 706-409-0128, joe@garivers.org