HCC Paddling Forum

I did not see how they determined it but they did come out and look at the two bayous. A good unofficial discussion of river law by Joe Riddell on the TPWD website.

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The issue was finally resolved that it was a public waterway when Texas Parks & Wildlife came out and determined that the two bayous were public waterways...

Hi Mark.

And how did TPWD make that determination?  Did they take width measurements and use the 30-foot rule?

Google maps has a tool that allows you to measure distances. I'm thinking I could take creek width measurements at regular intervals through the length of the creek, put those data points into Excel, compute an average, and use that to prove that the creek averages more than 30-feet in width, and therefore is navigable, and is therefore public.

That's my crazy idea. But then how do you get someone to accept that data and make it an official pronouncement?  I don't want to wait until someone has me arrested to have to get a judge to see things my way. I'd like to get that done in advance, to head off trouble before it happens...

       - John Rich

Around the turn of the century, TRPA asked me to help out someone who told not to go on a couple of bayous in Brazoria County by International Paper who owned the surrounding land at the time. The issue was finally resolved that it was a public waterway when Texas Parks & Wildlife came out and determined that the two bayous were public waterways, The former IP land manager talked to me a few years later and told me that he was trying to keep a good fishing spot from being overrun. It would have saved me and others much effort if I had know it earlier because I would not wanted the fishing spot overrun. I have not gone to try the fishing spot but maybe I will someday. I am not disclosing here where it is it to avoid overfishing but would tell club members if I am asked privately.

A Texas property owner is not allowed to obstruct a public waterway from navigation by boats.

Here's are two examples of obstructions placed across a creek:

1) A low bridge:


2) A low dam:




So, there are two possibilities here:

1) This is a public waterway and these are illegal obstructions. The State could force the property owners to remove the obstructions.

2) This is a private waterway, and the owner's can do any dam thing they want.

Location: Bessie's Creek, south of Brookshire.

How does one find out whether this is public or private?

What state agency issues permits for construction of dams?

Note: State law allows a boater to set foot on private property in order to circumvent a hazard to navigation. So you are legal to get out on land at the end of the obstruction, portage around it, and get back in the water on the other side. Boater safety takes precedence over private property rights. The boater must minimize his impact upon the private property. 

Would it be poor etiquette to ask a property owner to show you his deed and property survey?

      - John Rich
 

What state agency can give a definitive answer on whether or not a creek is public or private?

No web site seems to provide any such list.  Yeah, they quote the law to you about "navigable", the "30-foot rule", "by law", "by fact", and so forth. But if one guy says it's public, and another guy says it's private, who can settle the dispute affirmatively?  I'm tired of having to guess, and worry about someone alleging trespassing. The accusers are often ignorant of Texas river law and are wrong, but we've got nothing but opinions of our own to say otherwise.  And if an accuser calls a sheriff, we've got nothing to prove otherwise to keep from getting arrested.

The paddling community needs a reputable source of such info.  I want to be able to print something out from a government source that says "Creek X is a public waterway", that I can take with me on a trip, and show it to any challengers.  What is that source?

       - John Rich