In 1854, Georgia legislators declared Ebenezer Creek in Effingham County near Savannah a “navigable” stream and prohibited citizens from obstructing it…except for mill dams, so long as enough space was provided for the passage of boats.
This law is just one of many examples where the Georgia General Assembly has acted to protect uses of streams that were critical to the state’s citizens. In that era, mills powered by creeks were needed to produce corn meal and flour; but the creek itself was essential for the transport of lumber and other goods.
Other examples include an 1834 measure prohibiting obstruction of the Nottely River with dams. Fish, migrating upstream and captured, meant sustenance. And, in 1907, legislators required residents along every stream in Stephens County to remove trees and other obstructions from those streams. Years of poor soil management on area farms had filled the streams with sediment causing frequent flooding of farm fields. Removing obstructions aided in flood prevention and farm protection.
River laws have always changed with the times. Yet, here we are in 2024, still using a law enacted in 1863 to determine where Georgians have a right to boat on the state’s rivers and streams.
Enacted when steamboats were plying the state’s big rivers, the law says a “navigable” stream is one “capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year.”
Today, no inland rivers in Georgia are used to move freight. Not a single one. They are, however, plied by jon boats loaded with anglers on lazy South Georgia rivers and tiny kayaks carrying thrillseeking paddlers down whitewater runs in Georgia’s mountains. Spoiler alert: many of these streams may not qualify as “navigable” under the 1863 definition.
In 1800s, river use conflicts were often between millers and boaters. Today, conflicts arise between boaters and property owners. Some property owners don’t want folks floating past their property, and in recent years, courts (in questionable rulings) have sided with property owners, determining that if a stream doesn’t meet that 1863 definition of navigability, boaters don’t have the right to float that stream.
In the 1990s, the Georgia Supreme ruled Armuchee Creek in Floyd County and a portion of Ichauwaynochaway Creek in Baker County “non-navigable,” and since then riparian property owners have asserted their rights to close portions of streams elsewhere.
Owing to that 1863 law, we live in an era when a single property owner can cause a creek to be off limits to the boating public, including their creek-front neighbors, as well as outfitters that make their living running paddle trips on that creek.
The Folly of Naming Georgia’s “Navigable” Streams
During the past two years, the General Assembly has waded into these murky legal waters. In 2023, it adopted a law declaring that citizens had the right to boat, fish and hunt on all navigable streams. That’s a great thing.
But, follow up legislation this year aims to actually name the state’s navigable streams.—something that’s never been done. Of the state’s hundreds of creeks and rivers, the bill that was introduced named 62.
Georgia Department of Natural Resources experts created the list at the behest of legislators in a relatively short time. It closely follows where the state has invested in boat ramps and other public access points.
Since its release to the public, the bill’s sponsor, Rep. James Burchett from Waycross has been beset from all sides: some complaining their favorite destination was left off; others arguing streams included, should be removed.
The list seemed, in places, out of step with the 1863 definition and, in others, blind to how the public uses the state’s rivers and streams today.
Among the streams on the list: the Tallulah and Chattooga rivers, famed for their Class IV-V whitewater and among the most difficult rivers in the state to navigate. Of course, public boating on these streams should be protected. The Wild and Scenic Chattooga supports multi-million dollar rafting businesses, and water releases through Tallulah Gorge attract daredevil boaters and thousands of spectators to the river annually.
Among the streams left off the list: Big Cedar Creek, South Chickamauga Creek, Cartecay River and a portion of the Upper Chattahoochee River. Each of these streams sees thousands of visitors annually and supports small-business outfitters. At these locations, public use remains subject to the whims of an individual property owner who could shut down these small businesses simply by asserting their “ownership” of the stream bed.
Indeed, the haggling that has resulted from the publication of this list has revealed the folly of relying on an archaic, 160-year-old law to determine where today’s boating public should have the right to float.
Georgia, The No. 1 State to Do Business…Unless Your Business is On a “Non-navigable” Stream
What’s navigable and what’s not navigable in Georgia has big implications. Watersports is a critical part of tourism-based economies in places like Ellijay, Ringgold, Rincon and Helen. In 2022, boating and fishing generated $1.1 billion in economic activity in Georgia.
We need laws that reflect the way we use our rivers today and prioritize those uses that impact the most citizens. Rivers and streams that are accessible to the public improve our quality of life and support small businesses, especially in rural areas.
When the legislature deemed Ebenezer Creek navigable in 1854 they did so to improve the prospects and the quality of life of citizens residing near it. In the 2024 edition of “navigable streams,” the General Assembly inexplicably didn’t include Ebenezer Creek.
Today, you’ll find no mills or boats loaded with produce on Ebenezer. Yet, it is important in another way. In 1969, it was named one of four “State Scenic Rivers” and people travel from all over to float its haunting and historic blackwater passage. It supports multiple small businesses offering services on the creek.
In a state that boasts of being the “No. 1 State for Business,” it would be a shame if today’s leaders held fast to an out-of-date law and failed to protect these small, river-based businesses along with the public’s desire to explore such streams.
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