If A River Runs Through It, What Law Applies?

[mdmorrow]

I think year around navigable (by boat) is the definition. Anything else is straight private property from the way I understand it.

[GarGuy]

According to the GW and Judge here in East Texas

When the lake gets so high that it comes up into our pasture, it is still our property. Float over our property in a boat and fish is OK, Float over our property in a boat duck hunting is not OK.

Thats correct. A new law was put in place around 2009 that clarifies land privately owned and not withinn a public stream bed is still private in event of a periodic flood. the water is public though. That means fishing/bowfishing is legal but the owner can post it above the water line and stop hunting over it.

[GarGuy]

I think year around navigable (by boat) is the definition. Anything else is straight private property from the way I understand it.

That is totally wrong.

[Bh_liberty]

That is absolutely bull crap in most of Texas. I do know a few counties passed local regulations but they do not jive with the Texas supreme court ruling on the matter. A navigable stream is public access within the Gradient boundary which is half way between the water swept channel and the upper most bank.

Any otherwise lawful activity can be conducted within this boundary including , hunting, fishing, and camping. Even if the deed goes back to a Spanish land grant and they pay taxes to the middle of the stream, it is still public right of way just like a public road where the land owner still pays taxes on the road but cant stop cars from traveling it.

You can do as you like. I'm just telling you what happened to me. So if you don't agree then by almeans fish and trample up any ol water way you like.

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[mdmorrow]

So you're saying if a creek is dry for years and all of a sudden it floods then someone is legal to unload a boat and fish but not hunt? How about if I own both sides of the creek and both sides of the road?

[slickfish]

So you're saying if a creek is dry for years and all of a sudden it floods then someone is legal to unload a boat and fish but not hunt? How about if I own both sides of the creek and both sides of the road?

You can own all that an a Hilton hotel an the creek is still public.

[mdmorrow]

You can own all that an a Hilton hotel an the creek is still public.

I'd say that's true if they can get down the creek while starting from public property but if they have to cross private property to get to a creek, I would think that would be trespassing.

[GarGuy]

So you're saying if a creek is dry for years and all of a sudden it floods then someone is legal to unload a boat and fish but not hunt? How about if I own both sides of the creek and both sides of the road?

In most cases, even if its dry if the stream bed is over 30ft wide, they can walk right in if it can be accessd from other public property like a road or National forest/park.

[GarGuy]

You can do as you like. I'm just telling you what happened to me. So if you don't agree then by almeans fish and trample up any ol water way you like.

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Im not saying you are full of crap, I am saying the judge did not follow the law and your lawyer should have known so. This has been letigated all the way to the Supreme Court.

[Bh_liberty]

Im not saying you are full of crap, I am saying the judge did not follow the law and your lawyer should have known so. This has been letigated all the way to the Supreme Court.

I was 15 so dad had to come get me at the county jail and that was the end of it. After dad got thru with me. But I learned a lesson that day that I ain't forgot. Legal law or not it's not worth it there's plenty of legal places I can get to the water.

[slickfish]

I'd say that's true if they can get down the creek while starting from public property but if they have to cross private property to get to a creek, I would think that would be trespassing.

I'll try an throw a Lil common sense perspective your way. Say you got a home you own with a creek that's public right out your backdoor an the only way to access it is thru your front door. Now think about your question.

[GarGuy]

I'd say that's true if they can get down the creek while starting from public property but if they have to cross private property to get to a creek, I would think that would be trespassing.

Thats correct. They cannot cross private property to get there without permission. If the stream crosses the road that is public though, they sure can even if you own the property in every direction, its still public right of way within the gradient boundary.

[mdmorrow]

I'll try an throw a Lil common sense perspective your way. Say you got a home you own with a creek that's public right out your backdoor an the only way to access it is thru your front door. Now think about your question.

Well that would be obvious bud but we're talking raw land here and a lot of people these days are short on a lil common sense.

[GarGuy]

Well that would be obvious bud but we're talking raw land here and a lot of people these days are short on a lil common sense.

No doubt thats true! I was just relating what the law actually is on the matter. I have property over a mile from a public road on a river. I fixed a really nice area for my family to fish on my property. When the whites run, its not uncommon for us to catch over 1,000 per day there.

A few years ago, the Asians found it. they walk down the rivers edge through all kind of brush to get there. Imagine my surprise to pull up there and there are people elbow to elbow on the nice little beach and I cant even let the kids fish. legally, nothing I can do about it.