Title 52, Chapter 3, Section 1
( 52-3-1)
It is the intent and purpose of this chapter to provide for the
construction and maintenance by the United States government of the
intracoastal waterway and its salt-water tributaries, hereinafter
referred to as the intracoastal waterway, from the state boundary
line in the Savannah River to the state boundary line in Cumberland
Sound, as authorized by the Congress of the United States by the
River and Harbor Act approved June 20, 1938, authorizing the
construction of the intracoastal waterway to a depth of 12 feet from
the Savannah River, Georgia, to Cumberland Sound, Georgia, in
accordance with the project described in House Document No. 618,
Seventy-fifth Congress, third session, and subject to the conditions
set forth in said document, and by the River and Harbor Act approved
August 26, 1937, authorizing the construction of a protected route
as part of the intracoastal waterway, around St. Andrew Sound,
Georgia, to a depth of seven feet in accordance with the project
described in Senate Committee Print, Seventy-fourth Congress, first
session, and subject to the conditions set forth in that document.
The Governor and the Secretary of State are authorized to issue to
the United States of America a grant or grants of a perpetual right
and easement to enter upon, cut away, and remove any and all of the
land, including submerged lands, composing a part of the channel
rights of way, anchorage areas, and turning basins as may be
required at any time for construction and maintenance of the
intracoastal waterway and to maintain the portions excavated,
thereby created as a part of the navigable waters of the United
States. The Governor and the Secretary of State are authorized to
issue to the United States of America a further perpetual right and
easement to enter upon, occupy, and use any portion of the land,
including submerged land, composing a part of the spoil disposal
area not so cut away and converted into public navigable waters
described in this Code section, for the deposit of dredged material
and for such other purposes as may be needed in the construction,
maintenance, and improvement of the intracoastal waterway, insofar
as such lands, including submerged lands, are subject to grant by
the State of Georgia. The grant is to be issued upon a certificate
showing the location and description of the rights of way and spoil
disposal areas furnished to the Governor by the secretary of the
army or by any authorized officer of the Corps of Engineers of the
United States Army or by any other authorized official exercising
control over the construction or maintenance of the projects. |