Trinity River back water

[Txprowler]

I saw a couple of people in kayaks paddling through the flooded woods on my friends property, I stopped them to inform them about trespassing and they didn't think that they were and I wasn't sure either. What's the law? Are they trespassing if they never get out of the water?

[CastAndBlast]

We caught people on trail camera boating through our property. Got boat numbers, faces, and all. They even had a shotgun. The game warden said that there was nothing we could do. They can legally ride, drive, float, etc as long as they do not get out, hunt, etc. Basically we had no way of proving that they were doing anymore than going from point A to point B, which is legal when flooded.

[riverbowman]

Now that is a great question. In for answer(s).

[Wall_Hanger]

This is a huge issue on the coast with some duck hunters. I have never been able to get a clear answer on it from wardens or land owners. There are all kinds of stories about certain areas around POC/Sea Drift were the LO's and hunters get in to it on a regular basis and yet there seems to never be any resolution.

[AntlerCollector]

If it's navigable because of flood, it's fair game. That doesn't make it right, but it's all river water at that point.

[SamSowell]

I'm not sure about the general boating. But hunting is a no go if posted, from page 58 of the outdoor annual.

hunt any wild animal or wild bird on or over privately-owned
land that is submerged under public fresh water due to
seasonal or occasional inundation or submerged under
salt water above the mean high tide line. The property must
be posted to indicate that hunting is prohibited

[kurt68]

https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/kennedy/kennedy_faq.phtml

[turkeyhunter1]

I did quite a bit of research on this subject about 4 years ago. I was looking at a small property on the Navasota River. The owner wanted high dollar for the lease and was pushing that I would be able to hunt thousands of acres when the river flooded.

This is want I found. The navigable portion of any water way is the area inside banks or levee. That is the small hump or dune formed at the top of the bank. Inside the banks is not trespassing.

Anything outside the banks (even if the river is flooded) is considered private property.

Nagivable waterway laws in Texas are really weird and hard to understand. I do know that the laws that govern coastal marshes and wetlands are different from the laws that govern rivers and inland waterways.

Side note: Be careful and always check each river or waterway. Some seemingly navigable waterways are private. It depends on whether the waterway in question was part of an original land grant and the laws that governed land ownership at the time of the grant.

There are some stretches of the Navasota River that are private.

[bloodtrailer28]

We caught people on trail camera boating through our property. Got boat numbers, faces, and all. They even had a shotgun. The game warden said that there was nothing we could do. They can legally ride, drive, float, etc as long as they do not get out, hunt, etc. Basically we had no way of proving that they were doing anymore than going from point A to point B, which is legal when flooded.

This is correct. Talked to several GW who have told us the same thing.

[JLivi1224]

Could be wrong but it’s my understanding that navigable waters doesn’t apply if outside of banks.

[txhunter90]

Our river floods nearly every year. If signs are posted above the water it is trespassing. If there is no signs it is free game. As long as you do not cut fences or open gates to get into the property.

In the past, I was told by the GW's that you can trespass by shot, decoy weight, and if you step foot on it. This past year when it flooded they had told me the head guy sent out an email stating not to give tickets out for this. Only if a land owner has complained then it would be an issue. But like others have said nothing you can really do about it, unless you have posted signs up everywhere and above the water.

But if the river floods over onto the WMA area we can not hunt it everyday. Kind of a double standard, because we do can not see the boundaries.

Never understood the grey area, either it is or isnt. This rules seems to change yearly and from area to area.

[OldRiverRat]

If it's navigable because of flood, it's fair game. That doesn't make it right, but it's all river water at that point.

This is what I’ve always understood and been told


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[redfishted]

i am about as sure as I can be after talking to a couple of game wardens (not really all that sure). That you are not allowed to operate a boat over private land without permission, our area of the trinity has an elevation assigned to it and you can go anywhere you basically can float as long as the water is not above the elevation, if the water rises above the elevation you are confined only to the area you could access when the water was at or below normal elevation.

[coach2]

Here's the answer. Anyone can operate, paddle or drive a boat over navigable water as long as they do not ground themselves.