About SRWA

The Soque River Watershed Assocation (SRWA) is a non-profit organization working to protect and restore the Soque River in Northeast Georgia. The Soque River is the only river in Georgia to begin and end all within one county, Habersham. It is a major headwater tributary to the Chattahoochee River which serves as the primary drinking water supply for the city of Atlanta. The organization, founded in 1998, is governed by a community-oriented board of directors, and has two staff members. Primary activities of the Association include: organization of a community watershed partnership; grant management of a Federal 319 project to complete a watershed assessment and draft a watershed protection plan; coordination of a community greenway project; and collaboration with local officials on conservation policy and planning improvements.

Georgia House Study Committee on Navigable Streams Issues it’s Final Report

Over the past several years, the issue of who has access to Georgia’s many and varied rivers and streams and for what uses has been the topic of legal and legislative debate.  Starting with litigation concerning private ownership rights versus public access to float and fish on the upper Flint River, a number of issues were raised including:  the boundaries of the “Public Trust Doctrine”, common law and age old traditions, and the definition of navigable versus non-navigable streams.  The litigation was resolved by a consent judgment that affirmed private property rights and exclusive fishing rights, but  all parties agreed to permit the public to float through.  The Georgia Senate in Bill 115, then reaffirmed the State’s ownership of navigable riverbeds as held in trust for public use.

 

During the 2023 Session, a House Study Committee on Fishing Access to Freshwater Resources was created.  The Soque River has always been considered non-navigable.  The Soque River Watershed Association did not take a position on public access as such, but SRWA did speak at public hearings held by the Committee.  The SRWA urged the Committee to consider conservation and sustainability when deciding on recommendations, i.e., SRWA expressed concerns that unmanaged access to previously private or otherwise non-navigable streams would have a negative impact on the rivers and life surrounding or supported by the rivers.  That Committee recommended to essentially create a list of navigable versus non-navigable rivers, keep the Georgia definition of navigable versus non-navigable rivers, remove references to the Public Trust Doctrine in statute, but reaffirm it as a common law doctrine.  House Bill 1172 adopted most of the Committee recommendations.  A separate proposed House Bill 1397 – which would have listed streams presumed to be navigable never got out of Committee.

 

What the 2023 session and Study Committee did not fully resolve was debate over the definition of navigability and related issues concerning public access to Georgia rivers and streams, property rights and Georgia’s many outdoor recreational activities.  During the 2024 legislative session, House Resolution 1554 created the House Study Committee on Navigable Streams and Related Matters.  That Committee held three public hearings over four months to hear testimony from key stakeholders, including the Soque River Watershed Association.    Of note, one hearing was held in Newman, GA near the Chattahoochee Bend State Park.  That Park stands as an example of Public, private and local municipality cooperation resulting in a State Park with access for all Georgians, proper facilities and staff, and increased public access to the Chattahoochee River.  The SRWA made public comments again reiterating the need to fully consider issues related to access, conservation, and management of public access to rivers in Georgia, whether existing or newly acquired. The Study Committee has now issued its final report with the following six recommendations:

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.

While it is not yet clear whether these recommendations will lead to legislation in the upcoming 2025 General Assembly session, the recommendations can be viewed as a positive outcome for those of us who work tirelessly to keep our Georgia rivers and streams clean, vibrant and sustainable.

The SRWA will continue to monitor legislative developments in this area and will continue to work to keep the Soque River one of the cleanest water sources in the State of Georgia.

The board would like to thank Rob Bennison for following this important topic and writing this synopsis.

Link to full report:
https://files.constantcontact.com/dbb369ab101/a17f3c24-92c8-404d-9246-450f806d2acc.pdf