For those of you who are following this mess, here are the Georgia codes which apply. Look at section 4. I tried to get a permit from my county, hoping to avoid the feds, they said "No problem, just bring us your 404 permit and we'll approve it." I am sure they have no idea what they are asking.
Title 44, Chapter 8, Section 1 (44-8-1)
Running water belongs to the owner of the land on which it runs; but the landowner has no right to divert the water from its usual channel nor may he so use or adulterate it as to interfere with the enjoyment of it by the next owner.
Title 44, Chapter 8, Section 3 (44-8-3)
The owner of a nonnavigable stream is entitled to the same exclusive possession of the stream as he has of any other part of his land. The legislature has no power to compel or interfere with the owner's lawful use of the stream, for the benefit of those above or below him on the stream, except to restrain nuisances.
Title 44, Chapter 8, Section 4 (44-8-4)
It shall be lawful for all corporations and individuals owning or controlling lands on both sides of any nonnavigable stream to construct and maintain a dam or dams, together with canals and appurtenances thereof, across the stream for the development of water power and for other purposes; provided, however, this Code section shall not be construed to release individuals or corporations constructing such dam or dams and appurtenant works from liability to private property owners for damages resulting from the construction and operation thereof either by overflow or otherwise.
Title 44, Chapter 8, Section 5 (44-8-5)
(a) As used in this chapter, the term "navigable stream" means a stream which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. The mere rafting of timber or the transporting of wood in small boats shall not make a stream navigable.
(b) The rights of the owner of lands which are adjacent to navigable streams extend to the low-water mark in the bed of the stream.
Title 44, Chapter 8, Section 9 (44-8-9)
All persons owning lands on any watercourses are authorized to ditch and embank their lands in order to protect the lands from freshets and overflows in the watercourses, provided that the ditching and embanking does not divert the watercourse from its ordinary channel; but nothing in this Code section shall be so construed as to prevent the owners of lands from diverting nonnavigable watercourses through their own lands.
