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2018 Georgia Code 12-5-171 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 12-5-171 Case Law from Google Scholar Amendments to OCGA 12-5-171

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 5. Water Resources, 12-5-1 through 12-5-586.

ARTICLE 3 WELLS AND DRINKING WATER

12-5-171. Declaration of policy; legislative intent; Environmental Protection Division to administer part.

As a guide to the interpretation and application of this part, it is declared to be the policy of the State of Georgia that the drinking waters of the state shall be utilized prudently to the maximum benefit of the people and that the quality of such waters shall be considered a major factor in the health and welfare of all people in the State of Georgia. To achieve this end, the government of the state shall assume responsibility for the quality of such waters and the establishment and maintenance of a water-supply program adequate for present needs and designed to care for the future needs of the state.

This requires that an agency of the state be charged with this duty and that it have the authority to require the use of reasonable methods, that is, those methods which are economically and technologically feasible, to ensure adequate water of the highest quality for water-supply systems. Because of substantial and scientifically significant variations in the characteristics, usage, and effect upon public interest of the various surface and underground waters of the state, uniform requirements will not necessarily apply to all waters or segments thereof. It is the intent of this part to confer discretionary administrative authority upon such agency to take the above and related circumstances into consideration in its decisions and actions in determining, under the conditions prevailing in specific cases, those procedures to best protect the public interests.

The Environmental Protection Division of the Department of Natural Resources shall be the state agency to administer the provisions of this part consistent with the above-stated policy.

(Code 1933, § 88-2601, enacted by Ga. L. 1964, p. 499, § 1; Ga. L. 1977, p. 351, § 1.)

JUDICIAL DECISIONS

Cited in Bass v. Ledbetter, 257 Ga. 738, 363 S.E.2d 760 (1988); Moore v. Dixon, 264 Ga. 797, 452 S.E.2d 484 (1994).

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Waterworks and Water Companies, § 2.

C.J.S.

- 94 C.J.S., Waters, §§ 491, 493, 494, 588, 589.

ALR.

- Validity of statute prescribing standard of purity of water furnished for human consumption, 6 A.L.R. 475.

Waters: right of municipality, as riparian owner, to use of water for public supply, 141 A.L.R. 639.

Liability of water supplier for damages resulting from furnishing impure water, 54 A.L.R.3d 936.

Cases Citing Georgia Code 12-5-171 From Courtlistener.com

Total Results: 2

Moore v. Dixon

Court: Supreme Court of Georgia | Date Filed: 1994-11-11

Citation: 264 Ga. 797, 452 S.E.2d 484

Snippet: of all people in the State of Georgia." OCGA § 12-5-171. To effectuate this public policy, the Act imposes

Bass v. Ledbetter

Court: Supreme Court of Georgia | Date Filed: 1988-01-21

Citation: 363 S.E.2d 760, 257 Ga. 738, 27 ERC (BNA) 1471, 1988 Ga. LEXIS 27

Snippet: Georgia Safe Drinking Water Act is set out in OCGA § 12-5-171, which demonstrates a clear legislative intent