Is it legal??

[Dr. Evil]

I have a blind that sits about 50 yards away from the Guadalupe River. There is a boundry fence on each side of the river, probably 50 feet apart. If a deer were between the boundry fences drinking from the river, would it be legal for me to shoot it? Who does the property between the fences belong to?

Thanks

[BowSlayer]

I guess you would have to look at a survey and see if your property goes to the river or not.

[AgBass01]

^^^^That's the correct answer^^^^

[bigbad243]

Of you don't own that land and you shot over with bow or rifle you would be breaking the law. Think it is call trespass with projectile or something like that.

[Cbb1722]

it may be state property. i heard anything in the rivers are state property. i may be wrong

[justintyme8303]

Looks like the state may own it so no not legal would be like hunting the side of the road next to your fence.


"The answer to this question depends on whether the stream is “navigable.” Under Texas law, the streambed and minerals underlying a navigable stream are the property of the State. Conversely, the streambed and minerals underlying a non-navigable stream are the property of the private landowner. It is important to note, however, that all water in a watercourse–whether navigable or not–is owned by the State of Texas.

Essentially, the ability of the public to use the stream depends upon who owns the bed. If the state owns the streambed (meaning that the stream is navigable), the public has the right to use the bed and banks and the adjacent landowner may not prevent persons from doing so. See Texas Water Code Section 11.096. If, on the other hand, the private landowner owns the streambed (meaning that the stream is classified as non-navigable), the public has no right to use the bed and banks and the landowner may erect barriers to prevent the public from doing so."

http://agrilife.org/texasaglaw/2014/05/13/public-right-of-use-for-texas-waterways/

[Bjankowski]

Fence's don't mean squat, it all depends on the river boundaries are. More than likely your fine. You might call the local game warden, I've hunted the Brazos and it has pretty wide boundaries and legal to hunt. No one owns the river even if it flows through their land, you have so much room to use it as you will.

[ultrastealth]

You are allowed to hunt some public river bottoms. It varies with the river and the county. On the Nueces in Real County, you can bird hunt but you cannot hunt deer in the river plain.

[Raypo]

I also seriously doubt that section of water would have public rifle hunting right-a-ways

[justintyme8303]

I have a blind that sits about 50 yards away from the Guadalupe River. There is a boundry fence on each side of the river, probably 50 feet apart. If a deer were between the boundry fences drinking from the river, would it be legal for me to shoot it? Who does the property between the fences belong to?

Thanks

Cant shoot over a fence

[BowSlayer]

Cant shoot over a fence

Can if you own the property on both sides. That fence might be WAY off from the actual property line due to being in a flood zone.

[Limbwalker]

If you have to ask who's property you are hunting on, that's a clue.

Fence's don't mean squat, it all depends on the river boundaries are. More than likely your fine. You might call the local game warden, I've hunted the Brazos and it has pretty wide boundaries and legal to hunt. No one owns the river even if it flows through their land, you have so much room to use it as you will.

I'm sorry, but this is quite possibly some of the worst advice I've seen offered here on TBH.

1) I agree fences don't mean squat. Usually, the property boundary is the centerline of the river, and there is NO public property there at all. They just fence back from the river to keep their fences from being swept away in high water.

2) More than likely, you are NOT fine.

3) You SHOULD call the game warden and ask.

4) Actually, unless it's considered a navigable water, the property owners DO own the river bed, and as was stated, several counties now have in place rules to prohibit deer hunting, even if it is a navigable water. And in the cases where it is public navigable water, the right to use that area only extends up to the line of established vegetation (a.k.a. the "river bed"), Not the whole "flood plain." There rarely is as much public area as folks think.

Of course, you can just disregard what anyone thinks and try your luck. It's only illegal if you get caught, right?

But don't say you weren't warned, and try not to second guess yourself while sitting on that cot in the county cell.

[Smithwr]

I bet the fence is there just to keep livestock out of the river. You should look it up but the way I read it is if its non navigable then the land owner owns it(your fine to hunt), if it is navagable then it is state property(which your also legal to hunt).

Fences do not mark actual property lines along a river.

[justintyme8303]

Looks like just need to ask the local law first. Good luck

"Besides boating, persons may swim, float, walk, wade, picnic, camp, and (with a license) fish. Public use must be confined to the stream bed and, to a limited extent, the banks. Hunting is permitted in some situations. However, a hunter should always check first with local law enforcement officials because of numerous local restrictions and exceptions."

http://www.tpwd.state.tx.us/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/lawfulactivities.phtml

[Tuffbroadhead]

Fence's don't mean squat, it all depends on the river boundaries are. More than likely your fine. You might call the local game warden, I've hunted the Brazos and it has pretty wide boundaries and legal to hunt. No one owns the river even if it flows through their land, you have so much room to use it as you will.

A lot of BAD information in this thread...Read the law and contact your local wardens for clarity.


You are wrong and YOUR local game warden will be happy to explain it to you..

THE water is public, and by law the boundary is set by the Texas 50% gradient law/regulation. your standing in the water persay...you look at the bank and you see a sandy beach or a bank... you see were the vegetation is growing....50% between the water line and the vegetation growth is were public property ENDS..

I have your wardens number stored in my phone as well as three others..I would be happy to pass them along to you BEFORE you get yourself into trouble.

In most cases the public land is around a couple of feet from the water line..