Ichauwaynochaway Creek

In case you haven’t heard, the Georgia Supreme Court has rendered a
decision on the Givens vs. Ichauway, Inc. case. Plaintiff Ichauway,
Inc., (part of the Woodruff estate) had brought suit against Carroll
Givens to enjoin Givens from trespassing on property Ichauway, Inc.,
leases on Ichauwaynochaway Creek. Ichauway, Inc., leases land on
both sides of the creek and contends that it is not navigable under
Georgia law, hence the trespassing violation for those who pass
through their land via the river.

The
Court upheld a summary judgment against Givens by a lower court in
the absence of proof by Givens that the stream was indeed navigable
under Georgia law, and citing expert testimony that the stream indeed
was not navigable. This decision represents a severe blow to legal
efforts by several organizations to get around the archaic Georgia
navigability statute.

Ichauwaynochaway
is a very large stream compared to most of the rivers we paddle in
north Georgia, and the ruling could possibly leave only a couple of
streams in the entire state that we could be guaranteed legal access
to. Combined with the Armuchee Creek case, it has given river access
advocates in Georgia a legal one-two punch. The one remaining bright
spot on the legal front is the recent victory in Federal Court by
river access advocates over the Douglas County Water & Sewer
Authority, which had attempted to deny access to the Dog River
Reservoir by boaters paddling the river.

We
have several other river protection and access issues unfolding or in
progress at present. River Protection Chair David Asbell needs YOUR
help in looking out for GCA’s interests in these issues. If you can
give a little time to help protect your rivers and paddlers’ access
to them, give David a call at 404-705-9501, or email him at
david.asbell@gtri.gatech.edu.

On
another topic, the GCA Member Services Committee is doing everything
in its power to try and speed up delivery of The
Eddy Line to members. The late
delivery of the newsletter has long been a sore point with many club
members. To try and ameliorate the effects of a late newsletter, we
have, in the past, adopted a policy of publishing the Activity List
for a month in advance, and we moved up the deadline for submission
of material for the newsletter from the 10th of the previous month to
the 5th of the previous month, and we have tried to publicize all
club sponsored events far enough in advance to allow for this late
delivery by the US Postal Service. All this has placed an undue
burden on the volunteers who organize our events and compile, edit,
publish, label and mail the newsletter.

We
are presently looking at a couple of other possibilities as far as
special postal classes are concerned. And we can always use more
volunteers on the list of people to call for the labeling parties
(call Rachel Gates at 404-888-0124 to add your name to the list).
Meanwhile, regardless of how timely we are in getting the newsletter
to the post office, it continues to be late. For instance, I
received my NOVEMBER newsletter on December 2, twelve days after we
had delivered the DECEMBER issue to the post office, and I live in
Marietta, not as far out as many members. This is an all-time record
for late delivery to me.

What
can you do? If you have access to email, sign up for email delivery
of the newsletter. This bypasses the snail mail system and puts a
copy of the newsletter in your hands as early as the middle of the
previous month. And it’s now available in .pdf (portable document
file) format so it looks and prints just like the paper publication.
See the associated article in this issue of the newsletter for
details on how to sign up. Meanwhile, rest assured that Member
Services is working diligently on possible solutions to this
long-time problem.

by
Allen Hedden
From The Eddy Line, January 1998