GA Code § 36-64-3.1 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 64 - Recreation Systems|§ 36-64-3.1. Use of Dam Sites and Adjacent Land for Producing Hydroelectric Power

  As used in this Code section, the term "governing authority of any recreation system" shall mean the governing body of a municipality or county, a recreation board, or any other authority, board, or commission which is vested with the power to provide, establish, conduct, and maintain a supervised recreation system and facilities.   The governing authority of any recreation system shall be empowered, for the purpose of producing hydroelectric power for ultimate sale to the public, to take all necessary or appropriate actions to permit the renovation, reconstruction, and operation of existing dam sites located on property which is owned by the governing authority, including land that has been dedicated for public recreational or park use, without regard to whether such public use has been previously abandoned.   Without limiting the foregoing provisions of this Code section, the governing authority of any recreation system shall have the power, for the purposes specified in subsection (b) of this Code section, to grant or convey, and to grant an option to obtain, a leasehold interest, a fee simple title, or other property interest in any such dam site and in such immediately adjacent land as may be necessary to accommodate facilities for the generation of hydroelectric power, together with all easements, rights of way, and rights to flood adjacent lands as may be necessary or appropriate, to electric utilities or other entities organized for the purpose of generating or distributing electricity for public use.   The governing authority of any recreation system also shall have the power, for the purposes specified in subsection (b) of this Code section, to enter into any contracts necessary or appropriate to determine the feasibility of renovating an existing dam for the generation of hydroelectric power; to enter into any contracts with electric utilities or other entities organized for the purpose of generating or distributing electricity for public use which are necessary or appropriate for the construction, use, operation, and maintenance of a hydroelectric facility at an existing dam site located on property owned by the governing authority; and to take all actions necessary or appropriate to obtain, and to transfer its rights under, any governmental license or other approval or exemption required or desired for a hydroelectric project.   All conveyances and other contracts, including those extending over a period of years, which are entered into by the governing authority of any recreation system for the purposes specified in subsection (b) of this Code section shall be binding upon such governing authority and its successors.   Any net revenue derived by the governing authority of a recreation system from such conveyances and other contracts shall be used only for recreational purposes.   This Code section shall apply to and control the activities of a governing authority of any recreation system in connection with the renovation, reconstruction, and operation of any dam site located on property owned by the governing authority, notwithstanding any provision to the contrary contained in this chapter or in Code Section 36-30-3 or in any other laws; provided, however, that nothing in this Code section shall be construed as impairing the obligation of any contract provision, whether by way of reversionary clause or otherwise.    (Ga. L. 1981, p. 1020, § 1; Ga. L. 1982, p. 3, § 36.)   Cross references.   - Dam safety, § 12-5-370 et seq.    Authority of persons constructing or operating electric generating plants to acquire rights of way or other easements to run power lines, maintain dams, and do other things, § 22-3-20.    Construction, operation of watershed projects, flood-control projects by counties, § 22-3-100 et seq.   OPINIONS OF THE ATTORNEY GENERAL   Lease recommendation for hydroelectric power unauthorized.    - Board of Natural Resources is not authorized by subsection (b) of O.C.G.A. § 36-64-3.1 to recommend by resolution to the State Properties Commission a lease for producing, on state owned lands which the Department of Natural Resources manages, hydroelectric power for use by the department and ultimate sale to the public. 1983 Op. Att'y Gen. No. 83-47.