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PYLE v. GILBERT

35615, 35616, 35617, 35618, 35619.

245 Ga. 403 (1980)

265 S.E.2d 584

PYLE v. GILBERT et al. DOSTER v. GILBERT et al. HILL v. GILBERT et al. EVANS v. GILBERT et al. BUCKHALTER v. GILBERT et al.

Supreme Court of Georgia.

Decided March 12, 1980.

Attorney(s) appearing for the Case

Frank H. Lowe, Jr., for appellant (Case No. 35618).

William S. Stone, Jesse G. Bowles, III, Thomas H. Baxley, Kenneth L. Hornsby, Daniel MacDougald, for appellees (Case No. 35618).

Thomas H. Baxley, for appellant (Case No. 35619).

William S. Stone, Jesse G. Bowles, III, Kenneth L. Hornsby, Daniel MacDougald, Frank H. Lowe, Jr., for appellees (Case No. 35619).

HILL, Justice.

This is a water rights case involving a non-navigable water-course. It presents a confrontation between the past and the present. Plaintiffs are the owners of a 140-year-old water-powered gristmill. They emphasize the natural flow theory. Defendants are upper riparians using water to irrigate their farms. They emphasize the reasonable use theory of water rights.

The plaintiffs, Willie and Arlene Gilbert, own property commonly known as Howard...

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