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Liability of Owners of Caves for Injuries

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Neither the owner of a cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for injuries sustained by any person using such cave for recreational or scientific purposes if the prior consent of the owner has been obtained and if no charge has been made for the use of such features and notwithstanding that an inquiry as to the experience or expertise of the individual seeking consent may have been made.
Neither the owner of a commercial cave nor his authorized agents, officers, employees, or designated representatives acting within the scope of their authority shall be liable for an injury sustained by a spectator who has paid to view the cave, unless such injury is sustained as a result of such owner's negligence in connection with the providing and maintaining of trails, stairs, electrical wires, or other modifications, and such negligence shall be the proximate cause of the injury.
Nothing in this Code section shall be construed to constitute a waiver of the sovereign immunity of the state or any of its boards, departments, bureaus, or agencies.

(Ga. L. 1977, p. 833, § 8.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 62 Am. Jur. 2d, Premises Liability, § 68. 72 Am. Jur. 2d, States, Territories, and Dependencies, §§ 97, 98, 121.

C.J.S.

- 81A C.J.S., States, §§ 533 et seq., 543.

CHAPTER 5 WATER RESOURCES Article 1 General Provisions.

12-5-1. Water Resources Center - Establishment and operation by Georgia Institute of Technology; purposes.
12-5-2. Water Resources Center - Receipt of funds and grants.
12-5-3. Water Resources Center - Power to enter into contracts, agreements, and participation arrangements.
12-5-4. Programs for voluntary water conservation and enhancing water supply.
12-5-4.1. Adoption of minimum standards and best practices for improving efficiency and effectiveness of water use; requirements.
12-5-5. Local water authorities allowed to establish program for voluntary contributions to conservation and environmental projects.
12-5-6. Installation and definition of "rain sensor shut-off switch"; penalty for violations.
12-5-7. Local variances from state restrictions on outdoor watering; limitations on outdoor irrigation; exceptions.
12-5-8. Rules and regulations relating to drought management.
12-5-9. Georgia Geospatial Advisory Council [Repealed].

Article 2 Control of Water Pollution and Surface-Water Use.

12-5-20. Short title.
12-5-21. Declaration of policy; legislative intent.
12-5-22. Definitions.
12-5-23. Powers and duties of board and director as to control of water pollution and surface-water use generally.
12-5-23.1. Water quality standards for lakes; monitoring; studies and reports; development, approval, and publication of water quality standards.
12-5-23.2. Waste-water discharge limitations; schedule of construction milestones; penalties.
12-5-23.3. Privatization of waste-water treatment facilities.
12-5-24. Power of director to enter into contracts and compacts regarding surface-water management.
12-5-25. Investigations by division; institution of proceedings by division.
12-5-26. Entry on premises to investigate and inspect conditions and operating records; protection of trade secrets and confidential information.
12-5-27. Authority to require owner or operator of facility to cooperate with division.
12-5-27.1. Sale or use of cleaning agents containing phosphorus.
12-5-28. Annual reports by division.
12-5-29. Sewage and waste disposal; withdrawal, diversion, or impoundment of surface waters; certificates required for vessels with marine toilets; conditions for transfer of surface water from one river basin to another.
12-5-29.1. Combined sewer overflow; plans for elimination or treatment of sewage overflow; penalties.
12-5-30. Permits for construction, modification, or operation of facilities which discharge pollutants into waters; permits for discharge of dredged or fill material into waters and wetlands; participation in National Pollution Discharge Elimination System.
12-5-30.1. Major spills by publicly owned treatment works.
12-5-30.2. Combined sewer overflow systems.
12-5-30.3. Sludge land application systems.
12-5-30.4. Establishment of water emergency response procedures.
12-5-31. Regulated riparian rights to surface waters for general or farm use; permits for withdrawal, diversion, or impoundment; coordination with water plans; metering of farm use; interbasin transfers; appeal procedures.
12-5-31.1. Applications, permits, and variances for public water supply reservoirs.
12-5-32. Aid to pollution control and surface-water management - Powers of division with respect to federal acts; receipt and expenditure of federal and state appropriations.
12-5-33. Aid to pollution control and surface-water management - Grants to counties, municipalities, or other public authority for water pollution control projects.
12-5-34. Aid to pollution control and surface-water management - Amount of state grant.
12-5-35. Aid to pollution control and surface-water management - Administration of grants by division.
12-5-36. Aid to pollution control and surface-water management - Consistency with federal acts.
12-5-37. Aid to pollution control and surface-water management - Intent of article with regard to state contributions.
12-5-38. Aid to pollution control and surface-water management - Management by division of federal construction grants program.
12-5-38.1. Administration of funds; water pollution control and drinking water revolving funds.
12-5-39. Aid to pollution control and surface-water management - Area-wide waste treatment management.
12-5-40. Aid to pollution control and surface-water management - Adoption of rules and regulations regarding application for state grants.
12-5-41. Aid to pollution control and surface-water management - Water and sewage treatment facilities or systems for eligible planned communities [Repealed].
12-5-42. Cooperative efforts for abatement of pollution; order by director; request for hearing; allowance of reasonable time for abatement.
12-5-43. Administrative hearings.
12-5-44. Judicial review.
12-5-45. Judgment in accordance with division's order.
12-5-46. Effect of article on rights of action.
12-5-47. Emergency orders; hearing.
12-5-48. Injunctive relief.
12-5-49. Representation of division and its agents by Attorney General and his staff.
12-5-50. Intent of article as to conflicts with federal laws and as to eligibility of division or departments of state government for federal funds; remedial action.
12-5-51. Civil liability.
12-5-52. Civil penalty.
12-5-53. Criminal penalty.

Article 3 Wells and Drinking Water. Part 1 GENERAL PROVISIONS.

12-5-70. Prospecting for underground water supplies - Powers of department.
12-5-71. Prospecting for underground water supplies - Records of findings; acceptance of federal grants.
12-5-72. Prospecting for underground water supplies - Contracts with counties or municipalities for use of water.
12-5-73. Prospecting for underground water supplies - Appropriation or allocation of funds to department.

Part 2 GROUND-WATER USE GENERALLY.

12-5-90. Short title.
12-5-91. Declaration of policy.
12-5-92. Definitions.
12-5-93. Power of director to employ personnel.
12-5-94. Adoption of rules and regulations by Board of Natural Resources.
12-5-95. Proposed regulations regarding ground-water use; hearings; adoption and modification of regulations; contesting validity of regulations.
12-5-96. Regulated reasonable use of ground water for general use; permits to withdraw, obtain, or utilize; coordination with water plans; appeal procedures.
12-5-97. Duration of permits; renewal; transfer; certified statements by holders; monitoring water use; granting permit to person withdrawing ground water prior to July 1, 1973; prior investments in land and nature of plans for water use; continued withdrawal pending decision on permit.
12-5-98. Investigations; entry; protection of confidential information or trade secrets; refusing entry or access to and interference with authorized representatives of division.
12-5-99. Order by director after failure of conference, conciliation, or persuasion; hearings; appeal.
12-5-100. Judgment in accordance with director's order.
12-5-101. Injunctive relief.
12-5-102. Emergency orders; restrictions; hearing; appeal; use by certain entities.
12-5-103. Representation of department by Attorney General.
12-5-104. Effect of part on other laws.
12-5-105. Regulated reasonable use of ground water for farm use; permits to withdraw, obtain, or utilize; metering; related procedures.
12-5-106. Civil penalties; procedure for imposing penalties; hearing; judicial review.
12-5-107. Criminal penalty.

Part 3 WATER WELL STANDARDS.

12-5-120. Short title.
12-5-121. Legislative intent.
12-5-122. Definitions.
12-5-123. Creation of council; membership; chairperson; meetings; majority vote; quorum; director as secretary; self-governance; reimbursement for expenses; Attorney General to provide legal services.
12-5-124. Powers and duties of council generally.
12-5-125. License requirement; drilling under direction of professional geologist or engineer.
12-5-126. Director as administrative agent; administrative duties of division; orders, notices, and processes.
12-5-127. Licensing of water well contractors generally; applications for trainee licenses; violation of Code section.
12-5-128. Contents of license; display.
12-5-129. Suspension and revocation of licenses; hearings; reissuance of revoked licenses; injunction; cessation of well operation; seizure of equipment.
12-5-130. Expiration and renewal of licenses; replacement of lost, destroyed, or mutilated licenses.
12-5-131. Notifying contractors of changes in rules and regulations.
12-5-131.1. Licensing requirements for drilling well on own property; water well contractors completing electrical or plumbing work incidental to drilling and construction of well.
12-5-132. Effect of part.
12-5-133. Penalty; evidence of violation of part.
12-5-133.1. Civil penalties; hearing.
12-5-134. Standards for wells and boreholes.
12-5-135. Requirement of bond or letter of credit.
12-5-136. Compliance with standards and licensing requirements; inspections; action by director if well not up to standard.
12-5-137. Forfeiture of contraband equipment.
12-5-138. Council authorized to establish rules and regulations for pump installation; certification requirements; civil penalties for violations.

Part 4 ARTESIAN WELLS.

12-5-150. Conditions under which artesian wells must be tapped.
12-5-151. Wells on government property.
12-5-152. Applicability of part.
12-5-153. Penalty.

Part 5 PUBLIC WATER SYSTEMS.

12-5-170. Short title.
12-5-171. Declaration of policy; legislative intent; Environmental Protection Division to administer part.
12-5-172. Definitions.
12-5-173. Designation of division as state agency to receive financial aid from federal government and other sources.
12-5-174. Powers and duties of Board of Natural Resources as to public water systems.
12-5-175. Fluoridation of public water systems; state funds for cost of fluoridation equipment, chemicals, and materials; tax deduction for fluoride-removing devices.
12-5-176. Powers and duties of director as to public water systems generally.
12-5-177. Enforcement of rules and regulations; minimum requirements for and applicability of Georgia primary drinking water regulations; records and reports.
12-5-178. Variances and exemptions.
12-5-179. Permits for operation of public water systems; performance bonds.
12-5-180. Duty of permit applicants and holders to supply information as required by director.
12-5-180.1. Allocating water and waste-water usage among tenants; charging tenants for usage; measuring water usage.
12-5-180.2. Fire sprinkler protection systems; limitation on fee for water service.
12-5-181. Inspections and investigations by division.
12-5-182. Powers of director as to protection of public from contaminants presenting imminent and substantial danger.
12-5-183. Plan for emergency provision of water.
12-5-184. Notice of violations, variances, and exemptions involving public water systems.
12-5-185. Order by director after failure of conference, conciliation, or persuasion; hearing on order or permit issued by director.
12-5-186. Hearings; judicial review.
12-5-187. Emergency orders; hearing; review.
12-5-188. Injunctive relief.
12-5-189. Judgment in accordance with director's order.
12-5-190. Legal assistance by Attorney General.
12-5-191. Prohibited acts.
12-5-192. Civil penalties; procedures for imposing penalty; hearing; review.
12-5-193. Criminal penalty.

Part 6 WATER SYSTEM INTERCONNECTION, REDUNDANCY, AND RELIABILITY.

12-5-200. Legislative findings.
12-5-201. Definitions.
12-5-202. District-wide emergency plan.
12-5-203. Technical panel; members; preliminary scope of work statement; modifications.
12-5-204. Completion and submission of emergency plan; costs.

Article 4 Coastal Waters, Beaches, and Sand Dunes. Part 1 GENERAL PROVISIONS.

12-5-210. Development and utilization of coastal and offshore waters, lands, and resources; delegation of powers and duties; power to make contracts.
12-5-211. Receipt of financial and other assistance; plans and proposals for development and utilization of coastal and offshore resources; coordination between state agencies; reporting.
12-5-212. Annual report.
12-5-213. Liberal construction of part.

Part 2 SHORE PROTECTION.

12-5-230. Short title.
12-5-231. Legislative findings and declarations.
12-5-232. Definitions.
12-5-233. Area of operation of part.
12-5-234. Powers and duties of department.
12-5-235. Shore Protection Committee.
12-5-236. Rules and regulations.
12-5-237. Permit required; exceptions.
12-5-238. Form and contents of application for permit.
12-5-239. Completion of permit; notice of proposed activity; requirements and restrictions regarding issuance of permit.
12-5-240. Posting of permit.
12-5-241. Local shore assistance programs [Repealed].
12-5-242. Technical assistance to local governments; model ordinance.
12-5-243. Local governments not prohibited from adopting more restrictive ordinances.
12-5-244. Administrative and judicial review.
12-5-245. Injunctive relief.
12-5-246. Jurisdiction of superior court.
12-5-247. Enforcement of part; civil penalty.
12-5-248. Criminal violations.

Part 3 PRESERVATION AND MANAGEMENT OF COASTAL ZONE.

12-5-260 through 12-5-267 [Repealed].

Part 4 COASTAL MARSHLANDS.

12-5-280. Short title.
12-5-281. Legislative findings and declarations.
12-5-282. Definitions.
12-5-283. Coastal Marshlands Protection Committee created; members; powers; per diem and expenses; administrative hearings and review; permits for minor alterations.
12-5-284. Authority of department as to coastal marshlands generally.
12-5-285. Power of board to promulgate rules and regulations.
12-5-286. Permit required; application; notice; public hearing; issuance; denial; dynamic dune fields.
12-5-287. Leasing of state owned marshland or water bottoms.
12-5-288. Restriction on granting of permits; size restriction; activities and structures considered contrary to public interest.
12-5-289. Inspection of marshlands.
12-5-290. Jurisdiction to restrain violation of part.
12-5-291. Enforcement of part.
12-5-292. Posting of permit.
12-5-293. Effect on permit of sale, lease, or other conveyance of land.
12-5-294. Existence of an emergency; order; right to hearing.
12-5-295. Applicability of part.
12-5-296. Criminal violation.
12-5-297. Liability for damages.

Part 5 SEA OATS.

12-5-310. Legislative purpose.
12-5-311. Cutting, harvesting, removing, or eradicating sea oats.
12-5-312. Penalty.

Part 6 COASTAL MANAGEMENT.

12-5-320. Short title.
12-5-321. Legislative findings.
12-5-322. Definitions.
12-5-323. Powers and duties of department.
12-5-324. Power of board to promulgate rules and regulations.
12-5-325. Additional duties of department.
12-5-326. Duties of other state agencies in relation to this part.
12-5-327. Duty of department to prepare document for submission to Governor; duty to prepare report every three years.
12-5-328. Nothing in part to be construed as waiver of federal immunity or consent for other state to exercise jurisdiction.
12-5-329. Repeal of part on July 1, 2009 [Repealed].

Article 5 Rivers and River Basins. Part 1 GENERAL PROVISIONS.

12-5-330. Resources Advisory Board, Southeast River Basins [Repealed].
12-5-331. Duties and powers of department as to development of state's rivers.

Part 2 GEORGIA SCENIC RIVER SYSTEM.

12-5-350. Short title.
12-5-351. Definitions.
12-5-352. Rivers comprising the Georgia Scenic River System.
12-5-353. Duties of department as to scenic rivers.
12-5-354. Construction, operation, or maintenance of dams, reservoirs, or other structures on scenic rivers; acquisition of land within boundaries of scenic rivers.

Part 3 DAM SAFETY.

12-5-370. Short title.
12-5-371. Declaration of purpose.
12-5-372. Definitions.
12-5-373. Powers and duties of director generally.
12-5-374. Powers and duties of board as to dams and artificial barriers.
12-5-375. Inventory and classification of dams; investigations; technical assistance to local government; artificial barriers; notice requirements; provision of information regarding dams to clerks of superior courts.
12-5-376. Permits to construct and operate dams.
12-5-376.1. Subclassification of category I dams by director; minimum spillway design requirements.
12-5-377. Dam removal.
12-5-378. Inspection of dams and other barriers; administrative orders to enforce compliance; emergency action by director.
12-5-379. Investigations; right of access by division; right to require statements and reports regarding construction and operation of dams; refusal of access or interference.
12-5-380. Administrative and judicial review.
12-5-380.1. Orders of director or administrative law judge filed in superior court; effect of filing.
12-5-381. Injunctive relief.
12-5-382. Power of commissioner of transportation as to contracts relating to part.
12-5-383. Liability for damages.
12-5-384. Conformance to and compliance with part required.
12-5-385. Criminal and civil penalties.

Part 4 DEVELOPMENT OF CHATTAHOOCHEE RIVER BASIN.

12-5-400. Short title.
12-5-401. Purpose.
12-5-402. Powers and duties of department.

Part 5 DEVELOPMENT OF ALTAMAHA RIVER BASIN.

12-5-420. Short title.
12-5-421. Purpose.
12-5-422. Powers and duties of department.

Part 6 PROTECTION OF METROPOLITAN RIVERS.

12-5-440. Short title.
12-5-441. Definitions.
12-5-442. Legislative findings and purposes.
12-5-443. Comprehensive land and water use plan; transmittal of plan to political subdivisions; notice and hearing; promulgation of rules and regulations; application fee.
12-5-444. Prohibited land and water uses; uses prior to adoption of plan; certificate of compliance with plan; information required of applicant; changes in use; notice and hearing.
12-5-445. Review of application and supporting documents by commission; effect of inconsistencies; alternatives where modification recommended.
12-5-446. Prereview by commission of application for certificate; fee where prereview requested by applicant; effectiveness of certificate following prereview; immediate effectiveness of certificate; consultation by commission with governing authority; informal consultation with applicants [Repealed].
12-5-447. Minimum standards for certificates and recommendations.
12-5-448. Appeal.
12-5-449. Other laws not superseded by part.
12-5-450. Election by counties contiguous to area, and by municipalities within county, to come under part [Repealed].
12-5-451. Uses to which part inapplicable.
12-5-452. Cease and desist orders; injunctions; land-disturbing activities as nuisances; penalty; jurisdiction of actions.
12-5-453. Local regulation of land in drainage basins; enforcement where local regulation inadequate; failure of governing authority to meet requirements.
12-5-454. Removal of sand from watercourse.
12-5-455. Plan and application for certificate open to public inspection.
12-5-456. Commission to notify local authorities of violations of this part; director's powers in absence of local action; hearings on violations.
12-5-457. Environmental Protection Division's powers and duties unaffected by part.

Article 6 Water Supply.

12-5-470. Short title.
12-5-470.1. Construction with other provisions.
12-5-471. Definitions.
12-5-472. Acquisition, construction, and maintenance of projects authorized; standards and procedures; sites inventory; mitigation banks; costs.
12-5-472.1. Procurement of permits, licenses, and permissions; designation of principal state agency.
12-5-473. Powers of Water Supply Division generally.
12-5-474. Rentals, fees, and other charges; deposit of funds; terms and conditions for use of project.
12-5-475. Rules and regulations.
12-5-476. Contracts with local governments for planning, construction, management, and maintenance; coordination.
12-5-476.1. Fees for services.
12-5-477. Supplemental nature of provisions.
12-5-478. Liberal construction.
12-5-479. Contracts with public entities for services or use of facilities or equipment; user agreement for provision of environmental services.
12-5-480. Use of services of Georgia State Financing and Investment Commission; selection of professional services.
12-5-481. Legislative findings.
12-5-482. Failure of local government to collect and remit all amounts due; withholding of state funds.
12-5-483. Waiver of costs or fees.
12-5-484. Legislative oversight committee; membership; responsibilities.

Article 7 Costs of Oil Spill Response.

12-5-500. Definitions.
12-5-501. Liability for removal costs or damages; exceptions.

Article 8 Comprehensive State-wide Water Management Planning.

12-5-520. Short title.
12-5-521. Definitions.
12-5-522. Policy statement for comprehensive state-wide water management plan; guiding principles; requirements of plan; regional plans; compliance with plans.
12-5-523. Cooperation with Water Council; involvement of stakeholders; initial draft plan.
12-5-524. Water Council created; obligations of council.
12-5-525. Approval by General Assembly; alternative to passage by legislature; emergency actions by Water Council in event of imminent peril; review and revision of plan.

Article 9 Flint River Drought Protection.

12-5-540. Short title.
12-5-541. Legislative intent.
12-5-542. Definitions.
12-5-543. Establishment of drought abatement program; rules and regulations.
12-5-544. Powers of director.
12-5-545. Administration of fund.
12-5-546. Prediction of drought; irrigation reduction auction; agreement.
12-5-546.1. Enhancement of programming and incentives; scheduling irrigation efficiencies; modifying water withdrawal permits; coordination of efforts.
12-5-546.2. Notification in advance of any state funded augmentation projects.
12-5-547. Director's orders.
12-5-548. Investigations and inspections.
12-5-549. Compliance; violations.
12-5-550. Repayment penalty; notice of violation; time limit to respond to notice of violation; failure to respond to notice of violation.

Article 10 Metropolitan North Georgia Water Planning District.

12-5-570. Short title.
12-5-571. Legislative intent.
12-5-572. Creation; purpose.
12-5-573. Definitions.
12-5-574. Powers; approval of plan non-binding on finances; extension of time for preparing plan.
12-5-575. Board created; appointments; vacancies; terms.
12-5-576. Open meetings; quorum; voting; executive sessions.
12-5-577. Operating budget; sources of funding; power to enter into contracts and to expend funds; depositing.
12-5-578. Adjoining counties or municipalities application to be added to the district area.
12-5-579. Staffing; cooperation among agencies.
12-5-580. Coordinating committees; finance committees.
12-5-581. Advisory councils.
12-5-582. Model ordinances for effective storm-water management and for a district-wide watershed management plan; annual review; public meetings; certification by director; local compliance.
12-5-583. Short-term and long-term plans for waste-water management plan; annual review; public meetings; certification by director.
12-5-584. Water supply and water conservation management plan; interbasin transfers.
12-5-585. Education and public awareness.
12-5-586. Annual report detailing activities and progress.

Cross references.

- Water rights, T. 44, C. 8.

Protection of tidewaters, T. 52, C. 1, A. 1.

Right of passage on navigable streams and rivers, T. 52, C. 1, A. 2.

Intracoastal waterway, T. 52, C. 3.

River and harbor development, T. 52, C. 9.

Law reviews.

- For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982). For article, "From Marshes to Mountains, Wetlands Come Under State Regulation," see 41 Mercer L. Rev. 865 (1990).

RESEARCH REFERENCES

Challenging Wetland Regulation of Land Development, 53 Am. Jur. Trials 511.

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- This article formerly contained a Code Section 12-5-4, which was repealed by Ga. L. 1981, p. 987, § 5, effective April 9, 1981. The former Code section pertained to declaration of need for regulation of water related recreational events and was based on Ga. L. 1973, p. 1449, §§ 2-5.

RESEARCH REFERENCES

ALR.

- Water sports, amusements, or exhibitions as nuisance, 80 A.L.R.2d 1124.

Measure and elements of damages for pollution of well or spring, 76 A.L.R.4th 629.

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