Get Georgia Stormwater Management Manual - Volume 2 / Appendix E

Only adjacent landowners have the right to use the surface water on abutting lakes and rivers. Although the state of Georgia does not own waterways on or adjacent to private land, it has the power to regulate the use of the water. Non-navigable waters are not considered to be held in public trust.

One is called the "common enemy rule." Under this rule, drainage water is regarded as an enemy common to all landowners. The law allows every owner to take any measure to protect property, regardless of the consequences to other neighbors.

Channel Protection Volume, CPv Also referred to as Excess Urban Runoff Volume or EURV. The EURV volume is the difference in volume between the developed condition and the pre-developed. Channel protection volumes, CPv, are commonly estimated to be equal to the 1-year, 24-hour post-developed runoff (hydrograph) volume.

Georgia law requires that anyone engaged in land-disturbing activities obtain a “Notice of Intent to Discharge Storm Water under the National Pollution Discharge Elimination System” (“NPDES”) permit.

It states that Georgia follows the Civil Law doctrine regarding surface waters. The Civil Law rule “imposes a right and a duty upon every landowner to receive water naturally flowing onto his land from that of his neighbor.” (Mallard vs Pye, 215 Ga.

Landowner may not damage neighbor by diverting runoff. - A landowner has no right incident to ownership of land to divert surface water runoff so as to damage an adjoining proprietor. Uniroyal, Inc. v. Hood, 588 F.

Property owners rely on the legal protections of their water rights provided by law. Only adjacent landowners have the right to use the surface water on abutting lakes and rivers. Although the state of Georgia does not own waterways on or adjacent to private land, it has the power to regulate the use of the water.

Riparian rights refers to the rights of owners with property adjacent to streams, lakes and other waters. Georgia's law of riparian rights is a natural flow theory modified by a reasonable use provision.

Georgia law requires that anyone engaged in land-disturbing activities obtain a “Notice of Intent to Discharge Storm Water under the National Pollution Discharge Elimination System” (“NPDES”) permit.