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Riperian Law in TX advice

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    #17
    Originally posted by Lungbustr View Post
    Doubt it's quite that simple.
    Actually the answer will be pretty simple, but getting people to understand it is where it gets complicated.

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      #18
      Originally posted by bowhuntertex View Post
      Actually the answer will be pretty simple, but getting people to understand it is where it gets complicated.
      Can you cite the court cases? I'm curious how the Blanco differs from other rivers.

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        #19
        Originally posted by Lungbustr View Post
        Can you cite the court cases? I'm curious how the Blanco differs from other rivers.
        I don't know cases off the top of my head but if you google Blanco River Access or something like that there are all kinds of things that will pop up. I live in Wimberley and this is an ongoing debate yearly. I will do some digging later and post up.

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          #20
          Originally posted by J Sweet View Post
          Thank god you came along before this grave injustice was allowed to stand.
          You've already gotten some pretty good answers, so I was just batting cleanup.

          If you want a definitive answer to your question, post some maps of this area. I couldn't find it by googling Bear Branch.

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            #21
            Originally posted by 35remington View Post
            You've already gotten some pretty good answers, so I was just batting cleanup.

            If you want a definitive answer to your question, post some maps of this area. I couldn't find it by googling Bear Branch.
            The map is incorrect in naming it Panther Branch as it is Bear Branch north of the lake and Panther south of the lake. Back in the 60s when it was abandoned logging tracts there were still both there hence the name. Regardless this is the location.

            Find local businesses, view maps and get driving directions in Google Maps.

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              #22
              Originally posted by bowhuntertex View Post
              I can tell you the Blanco river is privately owned. Each landowner along the river owns to the middle. That being said you can legally float down the river, you just can't stop and hang out anywhere. As long as you are floating and moving there are no issues. I would be willing to bet this creek is much like the Blanco.

              But I do see landowners sides to not wanting people on the river/creeks by their property as lots of people like to get out and walk around or leave a bunch a trash.
              While the property along and even under the river may be privately owned, there is public right of way along any navigable waterway up to the gradient boundary. Just like i pay property tax on the land under the highway in front of my house, there is still public right of way on the road.

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                #23
                Originally posted by GarGuy View Post
                While the property along and even under the river may be privately owned, there is public right of way along any navigable waterway up to the gradient boundary. Just like i pay property tax on the land under the highway in front of my house, there is still public right of way on the road.
                Your exactly right, but I can promise you without permission you can't stop and hang out. Landowners have won that fight many times. But just rolling (well floating) through is no problem. Most landowners don't care as long as you stay in the water, but there are a few problem children.

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                  #24
                  Originally posted by bowhuntertex View Post
                  Your exactly right, but I can promise you without permission you can't stop and hang out. Landowners have won that fight many times. But just rolling (well floating) through is no problem. Most landowners don't care as long as you stay in the water, but there are a few problem children.
                  I agree that some wealthy ranchers with deep connections have gotten law enforcement to support them in this and solid reasoning to support it, BUT if it was ever fought, the TX Supreme Court has already ruled on it in the past.

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                    #25
                    Hopefully they’ll open it back up so people can enjoy it. Seems like you’d have to be a pretty big jerk to get mad at someone for dragging up on a gravel bar and taking a break to relax or fish.

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                      #26
                      Originally posted by J Sweet View Post
                      The map is incorrect in naming it Panther Branch as it is Bear Branch north of the lake and Panther south of the lake. Back in the 60s when it was abandoned logging tracts there were still both there hence the name. Regardless this is the location.

                      https://www.google.com/maps/dir//30....95.4795446,15z
                      Sounds like a good place for the inaugural TBH Kayak trip.

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                        #27
                        Unfortunately, this is the kind of crap that happens when decent people fail to police their peers. I’m all for public access to natural places, but when I’m sitting at the beach with my wife and kid and a group of ******bags shows up and starts shouting F-bombs, shotgunning beers and throwing them on the ground, blasting rap at 150 dB, I wonder why people want places off limits?

                        When you see someone being a jack *** in public places, chew them out and educate them so this doesn’t continue to happen.

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                          #28
                          Originally posted by GarGuy View Post
                          I agree that some wealthy ranchers with deep connections have gotten law enforcement to support them in this and solid reasoning to support it, BUT if it was ever fought, the TX Supreme Court has already ruled on it in the past.
                          yessir

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                            #29
                            Originally posted by GarGuy View Post
                            I agree that some wealthy ranchers with deep connections have gotten law enforcement to support them in this and solid reasoning to support it, BUT if it was ever fought, the TX Supreme Court has already ruled on it in the past.
                            see post 6

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                              #30
                              Basically if you want to use your rights, be prepared to defend them. From personal experience.

                              There are many landowners that dont want us to use public waterways or the submerged bottom.
                              They will attempt to treat you like a criminal, even though we have a right to use it. Those of yall who say the Texas Supreme Court has already ruled on that are correct. The Texas General Land Office, and the Texas Attorney General are on the public's side as long as you abide by the law. So if you have your ducks in a row you wont be prosecuted as long as you are not breaking any laws. That is the criminal side of that issue

                              Then there is the civil side, which is a complete joke. People can sue anyone at any time. So be prepared to fight that battle against some folks with more money than sense, and who are grade A arseholes. You might have to pony up some pretty good cash to defend your rights and yourself from their lies. They expect people to fold and say it's not worth it so they can use public waterways as their own private area. Don't fold, someone has to stand up for the public's right or we all lose them.

                              Then the State of Texas can also be sued, which isn't too big of concern. They have plenty of our cash already to fight it.

                              So go ahead and do your due diligence, research it good, and go enjoy the great outdoors.

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