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Show 234 GEORGIA mill dam act of 1897 which gives the first owner of a dam the right to condemn upper property which may be flooded by the reservoir.40 As in other States, the statute has withstood constitutional attacks.41 The upper proprietor is entitled to just compensation, of course, for the obstruction. Where the lower riparian is injured by the ob- struction or detention of the streamflow, the Georgia courts seem to permit such alterations in the streamflow where they are merely temporary.42 Mr. Kates deals also with acceleration in the natural streamflow, increasing the volume of water in the stream by adding water from other sources, and the pollution of water which causes material injury to other riparians.43 d. The Kates' Proposal Space does not permit an extensive discussion of Mr. Kates' pro- posed act.44 Recognizing the trend in several statutes to adopt model water acts, he proposes for the present rather moderate reforms for Georgia. Its salient features include the abolition of a cause of action by a riparian owner based on speculative future damage or harm, and provides for a declaratory judgment for the purpose of deter- mining the existence and scope of riparian rights. It would also authorize a harmless use of water on nonriparian lands; would define rights of riparian owners on navigable streams; and would also define the extent of riparian land. These changes, if enacted, would require amendments to sections 85-301 and 105-1407, discussed above. e. Miscellaneous As miscellaneous items only, it should be noted that the Georgia Court has held that a city cannot buy land on a nonnavigable stream and thus obtain a riparian right to withdraw water to supply the city inhabitants located several miles from the stream.45 Also, there are a number of statutes which make some reference to water use, or which mention rights, obligations, or liabilities in connection with water use or interference with water flows. Examples of these include limitations on water storage and use for the purpose of cultivating rice,46 rights of mine owners to dig ditches to drain their mines,47 authority of water power companies to build dams,48 and rights of landowners to use nonnavigable waters on their lands.49 3.3 Changes, Sales, and Transfers Since riparian rights are attached to the soil of riparian land, a sale and conveyance of riparian land transfers to the purchaser the same measure of riparian rights as previously held by the seller. If «Sec. 36-801. «Jones v. N. Georgia Elec. Co., 125 Ga. 618, 54 S.E. 85 (1906) ; Nolan v. Central Ga. Power Co., 134 Ga. 201, 67 S.E. 656 (1910). 12 Pool v. Lewis, 41 Ga. 162 (1870); cf. Price v. High Shoals Mfg. Co., 132 Ga. 246, 64 S.E. 87 (1909). « Kates at pp. 43-7. «* Kates, app. A., pp. 332-39. *sCity of Elbertoon v. Hobbs, 121 Ga. 749, 49 S.E. 779 (1904). 48 Sec. 5-401 et seq. «Sec. 83-207. *8Sec. 85-306. « Sec. 105-1407. |