Construction, Operation, or Maintenance of Dams, Reservoirs, or Other Structures on Scenic Rivers; Acquisition of Land Within Boundaries of Scenic Rivers

  1. Law
  2. Georgia Code
  3. Conservation and Natural Resources
  4. Water Resources
  5. Rivers and River Basins
  6. Georgia Scenic River System
  7. Construction, Operation, or Maintenance of Dams, Reservoirs, or Other Structures on Scenic Rivers; Acquisition of Land Within Boundaries of Scenic Rivers

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After designation of any river or section of a river as a scenic river by the General Assembly pursuant to Code Section 12-5-352:

  1. No dam, reservoir, or other structure impeding the natural flow of the waterway shall be constructed, operated, or maintained in such river or section of river so designated as a scenic river, unless specifically authorized by an Act of the General Assembly;
  2. The department may acquire by purchase, gift, grant, bequest, devise, lease, or otherwise fee title or any lesser interest in the land lying within the authorized boundary of such river or section of river designated as a scenic river. Any interest in land acquired by the department pursuant to this Code section shall be transferred to such governmental agency as the General Assembly may by Act direct.

(Ga. L. 1969, p. 933, § 5.)

OPINIONS OF THE ATTORNEY GENERAL

Acquisition of title to land limited.

- Ability of the council (now Department of Natural Resources) to acquire title to land is limited by: (1) area - land lying within a certain authorized boundary of the designated scenic river; and (2) time - only after the river has been designated by the General Assembly as scenic. 1970 Op. Att'y Gen. No. 70-6.

Transfer of title to acquired land required.

- Department may acquire the title to land lying within the authorized boundaries of a river or section of river previously designated by the General Assembly as a scenic river, but upon acquisition, the title must be transferred to another state agency designated by the General Assembly. 1970 Op. Att'y Gen. No. 70-6.

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 139.

PART 3 DAM SAFETY

Administrative Rules and Regulations.

- Rules for dam safety, Official Compilation of the Rules and Regulations for the State of Georgia, Georgia Department of Natural Resources, Chapter 391-3-8.

Law reviews.

- For survey of Georgia cases dealing with environment, natural resources, and land use from June 1977 through May 1978, see 30 Mercer L. Rev. 75 (1978). For survey article on environment, natural resources, and land use, see 34 Mercer L. Rev. 145 (1982).

RESEARCH REFERENCES

ALR.

- Applicability of rule of strict or absolute liability to overflow or escape of water caused by dam failure, 51 A.L.R.3d 965.


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