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Hunting the Guadalupe River from Kayak - anyone done this?

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    #16
    Just got this reply from a GW LT I know:


    Rivers are tricky as they fall under various jurisdictions depending on the river and location. Typically private property starts at the mean gradient boundary which is often normal flow level of the river. Obviously that leaves some interpretation as the General Land Office sets the official boundary. Some rivers and some areas (even along the Colorado river) are deeded to the centerline of the river. Meaning if a person is on the water they are on public property but if they were to get out of the boat and stand in the river they’d be on private property. I always tell people to check with the actual game warden in the area because even though we might not write a ticket for hunting violations, the local SO may write a criminal trespass depending on the area. Also, it is illegal to discharge a firearm across a property line so if the animal was standing above the gradient boundary it would be illegal to shoot or if you had to shoot across it onto public land. That’s probably not much help, but I used to discourage hunting from the river unless you had permission from the adjacent property to at least retrieve a wounded animal. The slight difference with dove and ducks is you could should up and down the river and potentially never leave the water to retrieve your game.

    **********

    NO GO for me.... Thanks for all the feedback.


    Sent from my iPhone using Tapatalk

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      #17
      Originally posted by Johnny44 View Post
      The law says you can walk wherever the highest recorded water mark is, I certainly wouldn’t try what you propose.
      LoL, I usually just make stuff up when I quote laws too

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        #18
        Hey, its what the Game Warden told me when I was canoeing down the Medina River and came across a place south of Paradise canyon where a lady damed up the river with concrete and made a shoot. I got out to carry my canoe around it and she called the Game Warden and Sheriff. Seems they showed us all the law at the time, several different applicable ones too.

        They said wherever the mapped high flood mark is walkable and property owners will fight the heck out of it. Also said you can exit and walk across someones property for help.

        Whether they made her tear down the structure I don’t know. I came across several barbed wire fences going across the river that I cut myself.

        I come in peace man, but am prepared to make pieces.

        I still don’t advocate testing the theory or the law when you already know it will be a problem. Most especially with the Supremacism of some hyper vigilant waterfront property owners.
        Last edited by Johnny44; 01-03-2021, 05:38 PM.

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          #19
          Originally posted by Johnny44 View Post
          The law says you can walk wherever the highest recorded water mark is, I certainly wouldn’t try what you propose.
          The Brazos and Colorado met in the 1930s I believe. That’s a lot of walking. :-)

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            #20
            Originally posted by Fishndude View Post
            Last two guys who walked on my highest water mark went straight to jail. Woulda been a third but he was a kid and got to go home to mommy.
            What was the offense? Hunt without consent? Trespass?

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              #21
              The boundary is gradient boundary half way between low water and top bank. You cannot go above half way legally.

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                #22
                Think about it...In the water, you are fine as long you as you keep moving.
                The game is on land and the projectile will pass through and onto others property. You will have to retrieve said game.
                Too many no nos that you already know... are no no's.

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                  #23
                  Originally posted by fish4food View Post
                  What was the offense? Hunt without consent? Trespass?
                  23 year old male and 16 year old male were caught (by me) red handed poaching. Cut my lock on the gate and were met at the gate with no way to leave. 23 year old went to jail immediately. 16 year old went home to his military parents. I’d bet he wished he went to jail.

                  30ish year old male admitted to being on property(got drunk and jumped a berm with his Jeep leaving parts behind) after being told to stay out several times. Criminal trespass. I was given the choice to award him a ticket or a trip to jail. He went to jail.

                  If protecting my landowners property makes me an “over vigilant supremacist” then so be it. I’m tired of dealing with asz holes who think they can do whatever. I’ve had cameras stolen, multiple people on camera trespassing and found a stolen truck...among other things. Myself and my surrounding landowners (and their agents) will continue to be over vigilant. It’s kinda fun actually.
                  Last edited by Fishndude; 01-03-2021, 06:57 PM.

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                    #24
                    Originally posted by GarGuy View Post
                    The boundary is gradient boundary half way between low water and top bank. You cannot go above half way legally.
                    This is the truth.Fought it and won in court for duck hunting on the Colorado.
                    For the record I respect all Laws and Law enforcement. GW wrote about 25 tickets that day to various hunters.Wrote me one for Criminal Trespass with a firearm.I should of went for his job when he took a last ditch effort and lied in court about posted signs and paint.There were none.
                    Truth is
                    I won the Battle but it was not worth the fight.

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                      #25
                      Originally posted by Johnny44 View Post
                      Hey, its what the Game Warden told me when I was canoeing down the Medina River and came across a place south of Paradise canyon where a lady damed up the river with concrete and made a shoot. I got out to carry my canoe around it and she called the Game Warden and Sheriff. Seems they showed us all the law at the time, several different applicable ones too.

                      They said wherever the mapped high flood mark is walkable and property owners will fight the heck out of it. Also said you can exit and walk across someones property for help.

                      Whether they made her tear down the structure I don’t know. I came across several barbed wire fences going across the river that I cut myself.

                      I come in peace man, but am prepared to make pieces.

                      I still don’t advocate testing the theory or the law when you already know it will be a problem. Most especially with the Supremacism of some hyper vigilant waterfront property owners.
                      Back in the day, you could access via flooded property. Basically, as long as you stayed floating and never touched bottom (with an anchor or anything), you were legal.

                      This all changed about 15 years ago though.

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                        #26
                        Originally posted by Fishndude View Post
                        23 year old male and 16 year old male were caught (by me) red handed poaching. Cut my lock on the gate and were met at the gate with no way to leave. 23 year old went to jail immediately. 16 year old went home to his military parents. I’d bet he wished he went to jail.

                        30ish year old male admitted to being on property(got drunk and jumped a berm with his Jeep leaving parts behind) after being told to stay out several times. Criminal trespass. I was given the choice to award him a ticket or a trip to jail. He went to jail.

                        If protecting my landowners property makes me an “over vigilant supremacist” then so be it. I’m tired of dealing with asz holes who think they can do whatever. I’ve had cameras stolen, multiple people on camera trespassing and found a stolen truck...among other things. Myself and my surrounding landowners (and their agents) will continue to be over vigilant. It’s kinda fun actually.
                        Those examples aren't what the OP was referring to. It is legal to hunt in some rivers, but trespassing is not permitted.

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                          #27
                          Originally posted by Bubba View Post
                          This is the truth.Fought it and won in court for duck hunting on the Colorado.
                          For the record I respect all Laws and Law enforcement. GW wrote about 25 tickets that day to various hunters.Wrote me one for Criminal Trespass with a firearm.I should of went for his job when he took a last ditch effort and lied in court about posted signs and paint.There were none.
                          Truth is
                          I won the Battle but it was not worth the fight.

                          It is definitely worth the fight! There are more good GW’s than bad, but there are a few bad apples that need to go! One in Liberty county got everything thing he deserved a few years ago.

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                            #28
                            Originally posted by boy wonder View Post
                            Those examples aren't what the OP was referring to. It is legal to hunt in some rivers, but trespassing is not permitted.
                            Those examples were asked about later in the context of the thread.

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                              #29
                              Originally posted by Fishndude View Post
                              Those examples were asked about later in the context of the thread.
                              Dude's talking about floating in and hunting the riverbed and your perps cut locks off your gate. That's apples to cast iron pots. Lol

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                                #30
                                Originally posted by CoolHandLuke View Post
                                It is definitely worth the fight! There are more good GW’s than bad, but there are a few bad apples that need to go! One in Liberty county got everything thing he deserved a few years ago.
                                Definitely worth fighting for, public access to resources in Texas is already minuscule so keeping everything we have legal rights to is important for all of us.

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