Who Owns the Creek?

Easy question, right? Well, yes and no. The short answer is: the State of Georgia owns the water, and property owners own the creek beds and banks on their property. A fuller answer comes in three parts.

First, the State of Georgia owns the water, and it is responsible for maintaining and protecting the quality of the water.

Second, property owners with a stream or creek within the legally recorded property boundaries actually own the land associated with the stream or creek -- specifically, the stream bed and the banks. Just as property owners are responsible for maintaining the buildings on their property, they also are responsible for maintaining the stream. This includes making sure that the banks are not eroding; protecting and maintaining any remaining natural habitats; and protecting stream buffers that help keep the ecosystem healthy. Problems between neighbors; for example, when a tree falls across a creek and creates a local flooding problem on a neighbor's property, are between neighbors.

Third, City crews will work on private property only under two circumstances: when a part of the City's water or sewer system will be jeopardized if no action is taken or when work is being conducted on municipal structures that are located within the City right-of-way or on an easement.

Property owners are subject to the laws that govern the rights and conditions of ownership.