25 LC 55 0635S
The Senate Committee on Regulated Industries and Utilities offered the following
substitute to HB 449:
A BILL TO BE ENTITLED
AN ACT
To amend Titles 44 and 46 of the Official Code of Georgia Annotated, relating to property1
and public utilities and public transportation, respectively, so as to prohibit certain2
restrictions on the installation, operation, or maintenance of private water wells for irrigation3
purposes on real property; to prohibit covenants running with the land from prohibiting or4
restricting property owners from installing, operating, or maintaining private water wells for5
irrigation purposes on their property; to prohibit companies that provide water services6
through certain water systems in this state from prohibiting or restricting customers of such7
company from installing, operating, or maintaining private water wells for irrigation8
purposes on such customers' property; to provide for statutory construction; to provide for9
definitions; to provide an effective date; to provide for related matters; to repeal conflicting10
laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in14
Article 3 of Chapter 5, relating to covenants and warranties, by adding a new Code section15
to read as follows:16
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"44-5-60.1.17
(a) No covenant running with the land shall prohibit or restrict a property owner from18
installing, operating, or maintaining a water well on such property owner's property that19
exclusively provides water for irrigation purposes to such property, provided that such20
water well does not provide water to any other parcel of land that is not owned by such21
property owner and such property owner does not sell water from such water well or, in22
exchange for consideration, authorize the use of such water well by any other person.23
(b) Any provision in a covenant running with the land, or any subsidiary document24
adopted pursuant to a covenant running with the land, that violates subsection (a) of this25
Code section is declared to be contrary to public policy and shall be void and26
unenforceable.27
(c) It is the intent of the General Assembly that the provisions of this Code section shall28
apply to any covenant running with the land, or any subsidiary document adopted pursuant29
to a covenant running with the land, regardless of when such covenant running with the30
land was created or became effective.31
(d) Nothing in this Code section is intended to prevent the application of any provision of32
law or regulation of any county, municipality, or consolidated government concerning the33
installation, operation, or maintenance of water wells in this state."34
SECTION 2.35
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public36
transportation, is amended by revising Chapter 10, which is reserved, as follows:37
"CHAPTER 1038
46-10-1.39
As used in this chapter, the term:40
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(1) 'Covered water system' means any water system that is owned and operated by a41
private company and that provides water services by means of pipes or conduits to 2,00042
or more customer service connections in this state. Such term shall not include any water43
system that is owned or operated by the state or any political subdivision or authority44
thereof.45
(2) 'Surface water' means all rivers, streams, branches, creeks, ponds, tributary streams,46
drainage basins, natural lakes, and artificial reservoirs and impoundments.47
(3) 'Water services' means water services, sanitary sewer services, or both.48
(4) 'Water system' means a system for the provision to the public of piped water for49
human consumption that is sourced exclusively from surface water, sanitary sewer50
services, or both. Such term includes but is not limited to any collection, treatment,51
storage, and distribution facilities under the control of the operator of such system and52
used primarily in connection with such system and any collection or pretreatment storage53
facilities not under such control which are used primarily in connection with such system.54
46-10-2.55
(a) No company that owns a covered water system shall enter into or seek to enforce any56
contractual provision that prohibits or restricts the ability of any customer of such company57
who receives water services from such company through such covered water system from58
installing, operating, or maintaining a water well on such customer's property that59
exclusively provides water for irrigation purposes to such customer, provided that such60
water well does not provide water to any parcel of land that is not owned by such customer61
and such customer does not sell water from such water well or, in exchange for62
consideration, authorize the use of such water well by any other person.63
(b) Any contractual provision entered into by a company that owns a covered water system64
that violates the provisions of subsection (a) of this Code section is declared to be contrary65
to public policy and shall be void and unenforceable.66
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(c) It is the intent of the General Assembly that the provisions of this Code section shall67
apply to any contractual provision entered into by a company that owns a covered water68
system regardless of when such contractual provision was entered into or otherwise became69
effective.70
46-10-3.71
No company that owns a covered water system shall prohibit any customer of such72
company who receives water services from such company through such covered water73
system from installing, operating, or maintaining, or discontinue the provision of water74
services to such customer solely due to the installation, operation, or maintenance of, a75
water well on such customer's property that exclusively provides water for irrigation76
services to such customer; provided that such water well does not provide water to any77
parcel of land that is not owned by such customer and such customer does not sell water78
from such water well or, in exchange for consideration, authorize the use of such water79
well by another person.80
46-10-4.81
Nothing in this chapter is intended to prevent the application of any provision of law or82
regulation of any county, municipality, or consolidated government concerning the83
installation, operation, or maintenance of water wells in this state. Reserved."84
SECTION 3.85
This Act shall become effective on July 1, 2025.86
SECTION 4.87
All laws and parts of laws in conflict with this Act are repealed.88
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