DaleinTexas
Tenderfoot
I was pretty clear on what constitutes public access for a navigable water in Texas but had a chance to reaffirm my thoughts this weekend.
The Warden simplified it..
1st Question: What is considered a navigable water way (Public access)?
Anything wet or dry that has a stream bed of 30ft or more, even if its only wet seasonally or over a the course of years.
So that affirmed what is public land and accessible..
2nd Question: 50% Gradient regulation and how much of the bank is public?
The public portion is the actual stream bed wet or dry, Were to establish the gradient line, ? The current water line to the point on the bank where vegetation is growing, even if its a grass is the gradient line defined by state law, then split it at the halfway point between the current water line an the vegetation line, there you have it the public portion may very from inches to feet along the water line, but he did say without a doubt that the high water bank (historical flood zone) on a river or stream bed is not public land.
3rd Question: How is the distinguished on a dry stream bed in excess of 30ft?
He laughed a bit and said very carefully and with respect to the adjacent landowners but a safe bet would be to stay within the confines of the stream bed its self.
In all is was a great interchange of thought....
The Warden simplified it..
1st Question: What is considered a navigable water way (Public access)?
Anything wet or dry that has a stream bed of 30ft or more, even if its only wet seasonally or over a the course of years.
So that affirmed what is public land and accessible..
2nd Question: 50% Gradient regulation and how much of the bank is public?
The public portion is the actual stream bed wet or dry, Were to establish the gradient line, ? The current water line to the point on the bank where vegetation is growing, even if its a grass is the gradient line defined by state law, then split it at the halfway point between the current water line an the vegetation line, there you have it the public portion may very from inches to feet along the water line, but he did say without a doubt that the high water bank (historical flood zone) on a river or stream bed is not public land.
3rd Question: How is the distinguished on a dry stream bed in excess of 30ft?
He laughed a bit and said very carefully and with respect to the adjacent landowners but a safe bet would be to stay within the confines of the stream bed its self.
In all is was a great interchange of thought....
