Boating and paddling enthusiasts are concerned about language coming out of a Georgia House of Representatives committee that wants the state to identify if streams and rivers across the Peach State are navigable.  Statewide groups representing recreational boaters and paddlers say that the law makers are using arcane language from a 19th century state law to make the determination.  At the center of the discussion is a 1997 Georgia Supreme Court ruling that said that the Armuchee Creek that runs in both Floyd and Chattooga Counties is not a navigable stream, thus restricting boaters from the water.

The House Study Committee on Fishing Access to Freshwater Resources issued recommendations in November calling on the state to determine and delineate the “navigability” of each of Georgia’s rivers and streams based on a restrictive definition of navigability that dates to 1863 and is geared towards supporting barge traffic, not paddling.

The right of passage on waterways is considered English common law and is steeped in history in both the United Kingdom and the United States.

Many of Georgia streams that boaters regularly float and fish could be deemed “non- navigable” under the committee’s recommended definition, ranging from popular whitewater runs in North Georgia to peaceful blackwater streams in South Georgia. Even popular paddling destinations on portions of the Chattahoochee, Chestatee and Etowah rivers could be at risk, along with nearly all mountain rivers and small and medium-sized streams throughout the state like the Chattooga River in Chattooga County.

Georgia River Network, American Whitewater, American Canoe Association and Georgia Canoeing Association are encouraging Georgians to communicate with their local legislators about this issue. Individuals can contact their legislators via an e-mail action alert at https://protectgeorgia.org/#/393.