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S09A1964. TUNISON et al. v. HARPER
State: Georgia
Court: Supreme Court
Docket No: S09A1964
Case Date: 03/15/2010
Preview:Final Copy 286 Ga. 687 S09A1964. TUNISON et al. v. HARPER. Hunstein, Chief Justice. This is an appeal from the denial of injunctive relief sought by appellants, D.C. Tunison, Mary Tunison and Arlene Tunison, to protect their riparian rights to a 20-acre woods pond1 situated on their property and that of adjacent property owner, appellee Terry Harper. This petition was filed after appellee, a farmer who uses the pond to irrigate crops on his property, increased the amount of land he irrigates from about five acres to 40-45 acres. Appellants asserted that appellee's action lowers the water table, killing the fish and preventing their aesthetic enjoyment of the pond. In its order, the trial court recognized that every riparian owner is entitled to a reasonable use of the waters, Stewart v. Bridges, 249 Ga. 626, 627 (292 SE2d 702) (1982), and then quoted this Court for the proposition that "[t]he use of water for agricultural purposes . . . [is] a reasonable use along with domestic use . . . [and] `that a reasonable amount of
While the term "riparian rights" technically refers to the rights of owners of land abutting a stream, whereas the term "littoral rights" refers to the rights of owners of land abutting the surface waters of a lake or the sea, courts now commonly use the word "riparian" when describing water rights in either context. See 78 Am. Jur. 2d Waters,
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