Originally posted by Bruiser
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Is this legal ?
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Originally posted by Tuffbroadhead View PostI'm 100 percent sure my local wardens know the law, especially Ronald Mathis and the other 4 that will quote the above references
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We were told that if you could navigate it at normal stage, you were good to go, this area was easily accessible at normal level before it was blocked, our previous GW even gave us the elevation that was the normal water level. We have a new game warden that spends a lot of time in this area, however I do not know his stance on this issue.
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Originally posted by GarGuy View PostTuffBroadhead, you quoted the paragraph defining "navigable by statue." There are two types of navigable listed in the statute. The other is "navigable in fact". that means a boat can navigate it. This is clearly the case with this stream or he would have no need to block it. Under streams that can be navigated in fact, there is no stream width mentioned nor required in the statute.
read it from the start and you will see your error.
Its really cool how it all interlocks, Seasonal dry streambeds can be utilized for commerce during rainy seasons if they meet the 30ft average, what is even cooler is during the hot summer months when that same 30ft average streambed is bone dry, its still open for use by the Navigable by statute law. Both FACT and STATUTE come into play at separate times for different reasons.
What really adds mud to the water is the Texas 50% gradient guidelines for the defining point of Public and private land when dealing with the above waterway issues.
My question to the OP, in the picture. Is that open body of water in the background a pond on a persons private property?
And those of you that are bringing up the 30 ft average, I'm by far the best at guessing, but it dang sure looks like in the OP's picture you can clearly see from one end to the other of that cut, and at best it might make a 15ft average.
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Originally posted by redfishted View PostWe were told that if you could navigate it at normal stage, you were good to go, this area was easily accessible at normal level before it was blocked, our previous GW even gave us the elevation that was the normal water level. We have a new game warden that spends a lot of time in this area, however I do not know his stance on this issue.
Then your best bet is to give him a call brother and get his opinion on it
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Originally posted by Tuffbroadhead View PostNot a error, the Navigable by Fact relates to depth that's why it has been contested for shallow waters such as floating a log or even seasonal use during rainy season and is the very reason Navigable by statute was also raised and the 30 ft average streambed stated in the statute.
Its really cool how it all interlocks, Seasonal dry streambeds can be utilized for commerce during rainy seasons if they meet the 30ft average, what is even cooler is during the hot summer months when that same 30ft average streambed is bone dry, its still open for use by the Navigable by statute law. Both FACT and STATUTE come into play at separate times for different reasons.
What really adds mud to the water is the Texas 50% gradient guidelines for the defining point of Public and private land when dealing with the above waterway issues.
My question to the OP, in the picture. Is that open body of water in the background a pond on a persons private property?
And those of you that are bringing up the 30 ft average, I'm by far the best at guessing, but it dang sure looks like in the OP's picture you can clearly see from one end to the other of that cut, and at best it might make a 15ft average.
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Originally posted by redfishted View PostThat open body of water is where they go to bow fish, which connectes to the main channel by the channel that has been blocked
So you are saying that is a pond that is on private property and is separated from the river by that drainage, my wardens would roast me for trying to get access to that.
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Originally posted by Tuffbroadhead View PostSo you are saying that is a pond that is on private property and is separated from the river by that drainage, my wardens would roast me for trying to get access to that.
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I dont know what you call a pond but from the wonderful satellite that looks ALOT like a pond and that drainage would be a overflow from that pond, I did however cover up the names for ya..
PS....Dont ask how I did that..
I think a landowner would be in the drivers seat on this one..maybe not who knowsLast edited by Tuffbroadhead; 08-16-2018, 10:57 PM.
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