ATLANTA – The Freedom to Float Coalition will host a Boaters Day at the Capitol in support of public access to state rivers and streams.
Release:
A coalition of outdoor recreation groups representing thousands of boaters across Georgia will rally March 18 at the Georgia State Capitol to urge legislators to protect Georgia’s outdoor recreation heritage and record-setting tourism economy by supporting policies that keep the state’s rivers and streams accessible to the public.
The Freedom to Float Coalition, consisting of Georgia Rivers, Georgia Canoeing Association (GCA), Tennessee Valley Canoe Club (TVCC), American Whitewater (AW) and American Canoe Association (ACA), encourages boaters to attend the free event and speak with their legislators.
Boaters Day begins at 8 a.m. in the Capitol with a briefing by coalition leaders. Attendees will then meet with their state senators and representatives between 9 a.m. and Noon to educate them about Georgia’s
outdoor recreation industry and the importance of protecting public access to the state’s rivers and
streams. Interested parties can register for the event at: https://georgiarivernetwork.regfox.com/freedom-
to-float-boaters-day-at-the-state-capitol-2025 or call 706-409-0128 for more information.
“During the past 30 years, we’ve seen an eroding of the number of streams in Georgia that boaters have
access to,” said Rena Peck, Georgia Rivers executive director, “The state’s ambiguous and vague policies
about where the public has a right to boat have led to the closure of some streams to the public. These
policies threaten small businesses like kayak, tube and raft outfitters and put Georgia at a competitive
disadvantage with neighboring states in terms of attracting outdoor recreation tourists.”
The Freedom to Float Coalition has urged state leaders to adopt legislation that affirms the public’s right to pass down streams that are capable of floating recreational watercraft. Neighboring states, including
Tennessee, North Carolina, South Carolina and Florida all have similar policies.
The Freedom to Float Coalition asserts that “right of passage” laws have been part of Georgia’s legal tradition since statehood and in the modern era the ability to float down streams supports the state’s outdoor recreation economy and record-setting tourism industry.
In December, a special House Study Committee on Navigable Streams issued a report recommending no changes to Georgia’s existing laws, and thus far, legislators have stood by those recommendations.
“This do nothing approach leaves boaters and stream front property owners in the lurch,” said Carol Proctor of Georgia Canoeing Association, “The question of where canoeists, kayakers and other boaters can legally float remains unanswered and this ambiguity will ultimately create more conflicts between river users.”
Recently, property owners along the Etowah River in Lumpkin County began posting the river with no trespassing signs and shooing boaters off a section of the river that canoeists and kayakers have used for generations. The local sheriff has threatened to issue citations to boaters ignoring the signs.
During the past two legislative sessions, legislators have grappled with where the public can boat, fish and hunt on the state’s streams. In 2023, a measure supported by Gov. Brian Kemp was adopted, declaring that Georgians had the right to boat, fish and hunt on all of the state’s navigable streams.
But, the state’s 1863 definition of “navigable streams” has been a point of debate for years. Georgia code says that a stream is navigable if it is capable of floating a “boat loaded with freight in the regular course of trade for the whole or part of the year.”
“Is that a steamboat loaded with 500-pound bales of cotton or is it a small canoe loaded with animal pelts or produce, both of which would have been commonly seen on streams in the 1800s?” said Proctor. “We need more clarity.”
During the 2024 session, a measure was introduced to try to create that clarity. It proposed establishing a
list of “navigable streams.” The measure met with widespread opposition because of the threats it posed to both property owners and river users. The Navigable Streams Study Committee, in its December report,
specifically recommended against creating such a list.
The Freedom to Float Coalition contends that the “right of passage” is not dependent upon the state’s definition of “navigable streams.” That definition helps determine streambed ownership. On non navigable streams, stream-front property owners possess the stream bed to the center line of the stream. That ownership has implications for hunting and fishing rights, but does not preclude boaters from passing down the stream, according to the Coalition. On navigable streams, the state maintains authority over the stream bed.
The state’s boating passage laws predate the 1863 definition of navigability and provide for passage down even small streams whose stream beds may be privately owned. Throughout the 1800s, the Georgia
General Assembly adopted laws to protect boating passage down streams because those waterways served as the state’s original highways. In 1849, the Georgia Supreme Court weighed in on the issue, declaring that the public had the right to float down any stream capable of supporting passage. This position was affirmed by the high court in the early 1900s, but in the 1990s, the Georgia Supreme Court, citing the 1863 definition, issued decisions that permitted property owners owning both sides of a non-navigable stream to block public passage down those streams.
“These decisions failed to recognize the seminal 1849 Georgia Supreme Court case on river passage and
failed to acknowledge federal law that recognizes travel by canoes and kayaks on streams as meeting the
federal definition of navigability,” said Dan MacIntyre, an attorney and GCA member who was involved in
those river passage cases.
Georgia Rivers, formerly known as Georgia River Network, is a statewide non-profit river advocacy group
with the mission to connect people with and protect Georgia’s rivers. Georgia Rivers is GA DNR’s non-profit river recreation partner coordinating the statewide water trails program and created the Georgia River Guide free mobile app.
American Whitewater is a national non-profit river conservation organization with the mission to protect
and restore America’s whitewater rivers and to enhance opportunities to enjoy them safely.
American Canoe Association is a national non-profit organization that serves the broader paddling public by providing educational programs, supporting stewardship initiatives that affect paddlers and offering
competition opportunities for athletes of all abilities.
Georgia Canoeing Association is a non-profit organization that promotes public river access, boating safety and canoeing and kayaking opportunities across the state.
Tennessee Valley Canoe Club is a 501(c)(7) organization based in Chattanooga/North Georgia that brings
together a diverse population of people who are interested in canoeing, kayaking, and related activities; to increase the knowledge, safety, and appreciation of paddle sports; and to support conservation and
preservation of recreational waterways.
For More Information, contact Joe Cook 706-409-0128 or joe@garivers.org
