reglab/housing_qa huggingface dataset:
GA Code § 12-4-100 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 1 - Phosphates|§ 12-4-100. Licenses to Dig, Mine, and Remove Phosphate Deposits; Restrictions on License Holders

 Whenever any person discovers phosphate rock or phosphatic deposits in the navigable streams or waters of this state or in any public land on their banks or margins and files with the Secretary of State notice of such discovery and a description of the location thereof, he shall be entitled to receive from the Secretary of State a license giving him or his assigns the exclusive right, for ten years from the date of the license, of digging, mining, and removing from such location and from an area for a distance of five miles in any or all directions therefrom the phosphate rock and phosphatic deposits that may be found therein, provided that persons receiving or holding such licenses shall in no way interfere with the free navigation of the streams and waters or the private rights of any citizen residing on or owning the lands upon the banks of such navigable rivers and waters; provided, further, that as long as the license remains in effect, no person, natural or artificial, shall have the privilege of locating a claim within 20 miles of any other claim for which he has received a license.   (Ga. L. 1884-85, p. 125, § 1; Civil Code 1895, § 1726; Civil Code 1910, § 1977; Code 1933, § 43-401.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, §§ 31 et seq., 42, 43.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 37, 52 et seq., 174.   ALR.    - Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.
GA Code § 12-4-101 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 1 - Phosphates|§ 12-4-101. Annual Mining Fee; License Fee; Affidavit and Bond

  Licenses shall be granted upon the express condition that the grantees shall pay to the Office of the State Treasurer the sum of $1.00 per ton for every ton of phosphate rock and phosphatic deposit mined and removed from the navigable rivers and waters of this state and the banks and margins thereof. This sum shall be paid on October 1 of every year and shall cover the amount of phosphate rock and phosphatic deposit mined and removed during the preceding year.   An applicant shall pay to the Office of the State Treasurer the sum of $100.00 as a license fee before commencing business.   Before commencing operations, a license holder shall file or cause to be filed with the Office of the State Treasurer an affidavit and bond in the penal sum of $20,000.00. The affidavit and bond shall be approved by the Attorney General and shall be conditioned on the holder's making true and faithful reports to the Office of the State Treasurer annually on or before October 1, or more frequently if required by the Office of the State Treasurer, of the number of tons of phosphate rock and phosphatic deposits mined and removed by the holder from the beds of the navigable streams and waters and the banks or margins thereof and also conditioned on the holder's punctually paying to the Office of the State Treasurer the sum required by subsection (a) of this Code section.    (Ga. L. 1884-85, p. 125, §§ 2, 3; Civil Code 1895, §§ 1727, 1728; Civil Code 1910, §§ 1978, 1979; Code 1933, §§ 43-402, 43-403; Ga. L. 1993, p. 1402, § 18; Ga. L. 2010, p. 863, § 2/SB 296.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 249.   C.J.S.   - 58 C.J.S., Mines and Minerals, § 452 et seq.
GA Code § 12-4-102 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 1 - Phosphates|§ 12-4-102. Lapse of License

 Any license granted under this part shall lapse and become void unless within three years from the date of the granting of the license the privileges granted shall be utilized and work in good faith shall be commenced.   (Ga. L. 1884-85, p. 125, § 5; Civil Code 1895, § 1729; Civil Code 1910, § 1980; Code 1933, § 43-404.)   RESEARCH REFERENCES   C.J.S.   - 58 C.J.S., Mines and Minerals, § 109 et seq.
GA Code § 12-4-103 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 1 - Phosphates|§ 12-4-103. Penalty

 Any person who is not engaged in the prosecution of lawfully authorized searches and who digs, mines, removes, or cleanses phosphate rock or phosphatic deposits from the beds of the navigable streams of this state or from any public lands on the banks and margins thereof without having first obtained a license as required by Code Section 12-4-100 shall be guilty of a misdemeanor.   (Ga. L. 1884-85, p. 125, § 4; Penal Code 1895, § 203; Penal Code 1910, § 201; Code 1933, § 43-9902.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 53A Am. Jur. 2d, Mines and Minerals, § 249.   C.J.S.   - 58 C.J.S., Mines and Minerals, §§ 424 et seq., 452 et seq.
GA Code § 12-4-120 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 2 - Gold|§ 12-4-120. Duties of Purchasers of Gold Bullion, Dust, Nuggets, or Amalgam

 Every person purchasing within this state native gold, gold bullion, gold dust, gold nuggets, or gold amalgam shall keep in a book a register of the date of purchase, amount purchased, name of seller, and lands from which the gold was obtained. On or by the first day of January, April, July, and October of each year, every such purchaser shall file with the judge of the probate court of the county of his residence a copy of the register kept for the previous quarter.   (Ga. L. 1899, p. 66, § 1; Civil Code 1910, § 1981; Code 1933, § 43-405.)
GA Code § 12-4-121 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 2 - Gold|§ 12-4-121. Annual Reports by Judges of Probate Court

 No later than January 15 of each year, each judge of the probate court with whom a register has been filed pursuant to Code Section 12-4-120 shall, by certified copy, make a report to the state geologist of the registers received by that judge during the preceding year. The state geologist shall keep a record of the report open for public inspection.   (Ga. L. 1899, p. 66, § 1; Civil Code 1910, § 1982; Code 1933, § 43-406.)
GA Code § 12-4-122 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 4 - Mineral Resources and Caves|Article 3 - Phosphates and Gold|Part 2 - Gold|§ 12-4-122. Penalty

 Any person who purchases native gold, gold bullion, gold dust, gold nuggets, or gold amalgam and who fails to comply with Code Section 12-4-120 relating to such purchases shall be guilty of a misdemeanor.   (Ga. L. 1899, p. 66, § 2; Penal Code 1910, § 699; Code 1933, § 43-9903.)
GA Code § 12-5-70 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 1 - General Provisions|§ 12-5-70. Prospecting for Underground Water Supplies - Powers of Department

 The department may, whenever directed so to do by the Governor, prospect for underground water supplies at such places in the state as the Governor may direct. In so doing, the department may drill wells, make borings and soundings, and do and perform such other acts as may be necessary in determining the location and existence of underground water supplies for public or industrial uses, including the acquisition of sites for drilling operations.   (Ga. L. 1953, Jan.-Feb. Sess., p. 5, § 1.)   RESEARCH REFERENCES   C.J.S.   - 81A C.J.S., States, § 346 et seq.
GA Code § 12-5-71 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 1 - General Provisions|§ 12-5-71. Prospecting for Underground Water Supplies - Records of Findings; Acceptance of Federal Grants

 The department shall keep full records of all its findings, including full information as to geological formations encountered in drilling operations, and shall, in addition to keeping such records, file copies of the same with the Secretary of State. The department may also file copies of such records with the proper bureau or department of the United States and may accept any available federal grant for use in carrying on the work authorized by Code Section 12-5-70.   (Ga. L. 1953, Jan.-Feb. Sess., p. 5, § 2.)   RESEARCH REFERENCES   C.J.S.   - 81A C.J.S., States, § 346 et seq.
GA Code § 12-5-72 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 1 - General Provisions|§ 12-5-72. Prospecting for Underground Water Supplies - Contracts With Counties or Municipalities for Use of Water

 If the department, in carrying out Code Section 12-5-70, shall encounter water in sufficient quantities to be useful to any municipality or county in furnishing water to its inhabitants, the department may contract with such municipality for the use of such water, and, in so doing, may sell or lease any such well or water supply, provided that no such lease shall be for longer than 30 years. Such contract, whether in the form of a lease contract or a sales contract, shall be subject to approval as to form by the Attorney General.   (Ga. L. 1953, Jan.-Feb. Sess., p. 5, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 78 Am. Jur. 2d, Waterworks and Water Companies, § 2.   C.J.S.   - 94 C.J.S., Waters, §§ 539, 541, 542.
GA Code § 12-5-73 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 1 - General Provisions|§ 12-5-73. Prospecting for Underground Water Supplies - Appropriation or Allocation of Funds to Department

 The department may use, for the purposes authorized by Code Sections 12-5-70 through 12-5-72, such funds as may be from time to time appropriated or allocated therefor.   (Ga. L. 1953, Jan.-Feb. Sess., p. 5, § 3.)
GA Code § 12-5-90 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-90. Short Title

 This part shall be known and may be cited as the "Ground-water Use Act of 1972."   (Ga. L. 1972, p. 976, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1992, "Ground-water" was substituted for "Ground Water".   Law reviews.   - For article, "Water Rights, Public Resources, and Private Commodities: Examining the Current and Future Law Governing the Allocation of Georgia Water," see 38 Ga. L. Rev. 1009 (2004). For article, "Special Challenges to Water Markets in Riparian States," see 21 Ga. St. U.L. Rev. 305 (2004). For article, "Sharing Water Through Interbasin Transfer and Basis of Origin Protection in Georgia: Issues for Evaluation in Comprehensive State Water Planning for Georgia's Surface Water Rivers and Groundwater Aquifers," see 21 Ga. St. U.L. Rev. 339 (2004).   JUDICIAL DECISIONS   Denial of groundwater withdrawal permit proper.    - Georgia environmental department's analysis and decision to deny a city's application for a groundwater withdrawal permit complied with O.C.G.A. § 12-5-96(d) as a matter of law as the decision supported the policies of the Groundwater Use Act of 1972 as set out in O.C.G.A. § 12-5-91, the department was entitled to place more emphasis on the city's need or necessity for a new water withdrawal under O.C.G.A. § 12-5-90(d)(1) over other factors, and the department was not statutorily or regulatorily required to issue findings of fact and conclusions of law to show that the department considered all ten factors under § 12-5-96(d). City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).
GA Code § 12-5-91 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-91. Declaration of Policy

 The general welfare and public interest require that the water resources of the state be put to beneficial use to the fullest extent to which they are capable, subject to reasonable regulation in order to conserve these resources and to provide and maintain conditions which are conducive to the development and use of water resources.   (Ga. L. 1972, p. 976, § 2.)   Law reviews.   - For annual survey of local government law, see 58 Mercer L. Rev. 267 (2006).   RESEARCH REFERENCES   ALR.    - Right of appropriator of water to recapture water which has escaped or is otherwise no longer within his immediate possession, 89 A.L.R. 210.   JUDICIAL DECISIONS   Factors considered for groundwater withdrawal permit.    - Georgia environmental department was not required to grant a city's application for a groundwater withdrawal permit merely because no adverse effect on other users was shown as there were other circumstances that supported denial of the permit request, pursuant to Ga. Comp. R. & Regs. r. 391-3-2-.06(2) and O.C.G.A. § 12-5-96(d); the department was entitled to weigh the costs to the city of purchasing water against other public policy concerns, such as the need for conservation of limited water resources pursuant to O.C.G.A. § 12-5-91. City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).   Denial of groundwater permit proper.    - Georgia environmental department's analysis and decision to deny a city's application for a groundwater withdrawal permit complied with O.C.G.A. § 12-5-96(d) as a matter of law as the decision supported the policies of the Groundwater Use Act of 1972, as set out in O.C.G.A. § 12-5-91, the department was entitled to place more emphasis on the city's need or necessity for a new water withdrawal under O.C.G.A. § 12-5-90(d)(1) over other factors, and the department was not statutorily or regulatorily required to issue findings of fact and conclusions of law to show that the department considered all ten factors under § 12-5-96(d). City of Rincon v. Couch, 276 Ga. App. 567, 623 S.E.2d 754 (2005).
GA Code § 12-5-93 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-93. Power of Director to Employ Personnel

 The director is authorized to employ, on a full-time or part-time basis, such professional personnel and clerical or other employees as may be necessary to discharge the additional duties delegated to the division by this part.   (Ga. L. 1972, p. 976, § 14.)
GA Code § 12-5-94 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-94. Adoption of Rules and Regulations by Board of Natural Resources

 The Board of Natural Resources may adopt and modify from time to time rules and regulations to implement this part.   (Ga. L. 1972, p. 976, § 11.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 127 et seq.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 207, 212 et seq.
GA Code § 12-5-95 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-95. Proposed Regulations Regarding Ground-Water Use; Hearings; Adoption and Modification of Regulations; Contesting Validity of Regulations

  The Board of Natural Resources shall prepare proposed regulations to be applied, containing such of the following provisions as the board finds appropriate concerning the use of ground waters:   Provisions requiring water users within the area to submit reports not more frequently than at 30 day intervals concerning quantity of water used or withdrawn, sources of water, and the nature of the use thereof;   With respect to ground waters, provisions concerning the timing of withdrawals, provisions to protect against or abate salt-water encroachment, and provisions to protect against or abate unreasonable adverse effects on other water users within the area, including but not limited to adverse effects on public use;   With respect to ground waters, provisions concerning well depth and spacing controls, and provisions establishing a range of prescribed pumping levels (elevations below which water may not be pumped) or maximum pumping rates, or both, in wells or for the aquifer or for any part thereof based on the capacities and characteristics of the aquifer;   Such other provisions not inconsistent with this part as the Board of Natural Resources finds necessary to implement the purposes of this part.     The Board of Natural Resources shall conduct one or more hearings upon the proposed regulations, in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Upon completion of the hearings and consideration of submitted evidence and arguments with respect to any proposed regulation, the board shall adopt its final action with respect thereto, and shall publish such final action as part of its official regulations. The board is empowered to modify or revoke from time to time any final action previously taken by it pursuant to this Code section, any such modifications or revocations, however, to be subject to the procedural requirements of this part, including notice and hearing.   Any person wishing to contest the validity of a regulation may file for a declaratory judgment as provided for by Code Section 50-13-10.    (Ga. L. 1972, p. 976, § 5; Ga. L. 1973, p. 1273, §§ 5-9.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1999, a misspelling of "aquifer" was corrected in paragraph (a)(3).   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, §§ 208, 210, 448. 78 Am. Jur. 2d, Waters, §§ 2, 219.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, §§ 207, 212 et seq., 228. 93 C.J.S., Waters, § 197 et seq.
GA Code § 12-5-98 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-98. Investigations; Entry; Protection of Confidential Information or Trade Secrets; Refusing Entry or Access to and Interference With Authorized Representatives of Division

  The division shall have the right to conduct such investigations as may reasonably be necessary to carry out its duties prescribed in this part and for this purpose to enter at reasonable times any property, public or private, for the purpose of investigating the condition, withdrawal, or use of any waters, investigating water sources, or investigating the installation or operation of any well, and to require written statements or the filing of reports under oath, with respect to pertinent questions relating to the installation or operation of any well, provided that no person shall be required to disclose any secret formula, processes, or methods used in any manufacturing operation or any confidential information concerning business activities carried on by him or under his supervision.   No person shall refuse entry or access to any authorized representative of the division who requests entry for the purposes of a lawful inspection and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties consistent with the provisions of this part.    (Ga. L. 1972, p. 976, § 10.)   OPINIONS OF THE ATTORNEY GENERAL   Requirement of liability waivers restricts state's police power.   - Requiring the division personnel to sign waivers of liability for injuries to person or property sustained while on the premises for the purpose of carrying out their duties of inspection constitutes an unreasonable restriction on the state's police power. 1976 Op. Att'y Gen. No. 76-121.   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 112.   C.J.S.   - 73 C.J.S., Public Administrative Law and Procedure, § 190.
GA Code § 12-5-99 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-99. Order by Director After Failure of Conference, Conciliation, or Persuasion; Hearings; Appeal

  Whenever the director has reason to believe that a violation of any provision of this part or any rule or regulation of the Board of Natural Resources adopted pursuant to this part has occurred, he shall attempt to obtain a remedy with the violator or violators by conference, conciliation, or persuasion.   In the case of failure of such conference, conciliation, or persuasion to effect a remedy to such violation, the director may issue an order directed to such violator or violators. The order shall specify the provisions of the part or rule or regulation alleged to have been violated and shall order that necessary corrective action be taken within a reasonable time to be prescribed in such order. Any order issued by the director under this part shall be signed by the director. Any such order shall become final unless the person or persons named therein request in writing a hearing before the director no later than 30 days after such order is served on such person or persons.   Appeals from this order shall be in compliance with subsection (c) of Code Section 12-2-2, and also, for the purposes of this part, shall be specifically subject to subsection (a) of Code Section 50-13-19.    (Ga. L. 1973, p. 1273, § 21.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 353 et seq.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, § 329 et seq.
GA Code § 12-5-100 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 5 - Water Resources|Article 3 - Wells and Drinking Water|Part 2 - Ground-Water Use Generally|§ 12-5-100. Judgment in Accordance With Director's Order

 The director may file in the superior court of the county wherein the person under order resides, or if the person is a corporation, in the county wherein the corporation maintains its principal place of business, or if the person is a nonresident of this state, in the superior court of the county wherein the violation occurred, a certified copy of a final order of the director unappealed from, or of a final order of the director affirmed upon appeal, whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereto shall thereafter be the same, as though the judgment had been rendered in an action duly heard and determined by such court.   (Ga. L. 1973, p. 1243, § 21.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 2 Am. Jur. 2d, Administrative Law, § 353 et seq.   C.J.S.   - 73A C.J.S., Public Administrative Law and Procedure, § 329 et seq.