Guadalupe River and can be accessed from the ROW of a state highway. I agree the landowner should be able to fence this for the purposes of retaining livestock, but are these signs legitimate? This is all I have found online to this point.
quote:I grew up on the Guadalupe, and back in the day a lot of ranchers had shallow areas of the river that required fencing to restrain livestock. It was common practice to leave enough bottom space at normal flow for swimmers and canoes to slip under, and I never saw a posted sign within the banks of stream bed.
Several witnesses testified as to the width of the river and the general import of their testimony is that the width of the river substantially exceeds thirty feet. Appellants' main complaint is with the method of measurement used. The statute provides no precise method of measurement for determining if a stream maintains an average width of thirty feet from the mouth up. We have found no case which absolutely mandates any certain method be used. We have concluded that the testimony in the record sufficiently supports the trial court's finding as to navigability.
Adjudication of Upper Guadalupe Segment of Guadalupe River Basin, 625 S.W.2d 353, 362 3 (Tex.Civ.App. San Antonio 1981), aff'd, 642 S.W.2d 438 (1982).
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Standing on the bank like you did to take that pic, Illegal. Unless your lawyer can argue the mean water line in your favor.
quote:This is the biggest gray area in Texas law. I personally know somebody that owns a decent amount of land on the Lampassas River who's deed clearly shows that they own the land to the middle of the riverbed, and they have several decades of tax receipts showing that they are obligated to pay taxes on that land.
Land owner does not own the water in a state water way. Nor does he own the dirt under the water. Standing on the bank like you did to take that pic, Illegal. Unless your lawyer can argue the mean water line in your favor.
The only authority u have to recogjize in that situation,if u are actually in the water, is the ahole land owners shotgun in your grill.
Was in that situation as a youngin with a fly pole in hand. Dad took acception to having a gun pulled on his kid. Learned a bit about that situation.
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Land owner does not own the water in a state water way. Nor does he own the dirt under the water. Standing on the bank like you did to take that pic, Illegal. Unless your lawyer can argue the mean water line in your favor.
The only authority u have to recogjize in that situation,if u are actually in the water, is the ahole land owners shotgun in your grill.
Was in that situation as a youngin with a fly pole in hand. Dad took acception to having a gun pulled on his kid. Learned a bit about that situation.
quote:
Kerr
edit: not sure why i clicked that emoticon
quote:Anybody pulling a gun on a kid with nothing but a fishing pole in his hand deserves to have a gun pointed right back at them.
Was in that situation as a youngin with a fly pole in hand. Dad took acception to having a gun pulled on his kid. Learned a bit about that situation.
quote:You still have to go through ACE for any waterway of the US for any streambed, tributary, etc. modification that would alter the flow of the river in any shape or fashion. And good luck with that mess. Few things in life will make you have government bureaucracy more than wading through the ins and outs of the 48 different .gov entities that have to review a 404 permit.
Ownership of the riverbed in title gives you rights to seek permits for modification, but does not convey a right to block public passage on the water or for portage if the stream is navigable by statute or in fact, both of which are recognized by the state. It is still up to the person passing through to respect the property rights of the landowner and stay on the water as much as is possible.
quote:Don't know why I just didn't look at this earlier
Anywhere a public road crosses will be a public ROW easement.
quote:http://www.texasflyfishing.com/rivers/guadalupe.htm
15. The Guadlupe runs beneath I-10 here, just southeast of Comfort, Tx. Exit the highway on the southeast side and drive down the dirt road. Proceeding straight down the dirt road, the river crosses under the I-10 bridge. The water under the bridge is deep and the current is too fast for fishing from float tubes or canoes.
The best alternative is to turn left about 1/2 the way down the dirt road. The river in this area is not as deep as it is under the bridge and allows some wading further away from the noise of I-10.
Overall, this portion of the river is heavily used, and therefore trashed up by those who seek convenient access to the river. That, and the roar from the bridge makes this area one to avoid.
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Take a can of orange spray paint write PUBLIC on both sides of that sign, cut a hole in the fence every 15 yards, spread 100 pounds of roofing tacks down their entrance road, find somewhere else to paddle and never go back. Hell I feel better about the situation already.
quote:I have read and reread this, it still doesnt make sense.
Was by myself in a lampro nudged into the bank tieing a deer hair popper on. Never forget it.