An interesting read regarding waterfront property.

[McMark]

https://www.pendercoward.com/resources/blog-opinions-and-observations/riparian-rights-when-you-own-land-in-contact-with-the-water-a-mix-of-environmental-admiralty-and-state-law-june-2013/

 

[swatski]

https://www.pendercoward.com/resources/blog-opinions-and-observations/riparian-rights-when-you-own-land-in-contact-with-the-water-a-mix-of-environmental-admiralty-and-state-law-june-2013/

Very interesting!

Works both ways though. Property owners on "navigable channels" (which in reality could be a very small river/stream) can not prevent anyone from landing /camping/doing whatever they want on the edge of land below whatever "level water line". There have been some sad cases around here on the Meramec river, MO, wherein an owner shot at some drunken kids on a float trip who decided to have a beach party on what he assumed was his property... only that it turned out it was not his property, as it was below some water level line...

I would guess any ACE lakes/reservoirs would be completely exempt from those "riparian" rights, too.

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[boudin]

I'm on Lake Livingston, which is the impounded Trinity River, and often ride upstream on the river itself, sometimes exploring creeks and large ponds flowing into the river. The Texas Stream Navigation Law is enlightening and outlines exactly what constitutes publicly navigable in Texas:

"Under a law dating from 1837, a stream is navigable so far as it retains an average width of 30 feet from its mouth up. The width measured is the distance between the fast (or firmly fixed) land banks. A stream satisfying the 30 foot rule is sometimes referred to as “statutorily navigable” or “navigable by statute.” Under a court decision, the public has rights along a stream navigable by statute just as if the stream were navigable in fact."​

https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/navigability.phtml

-Greg

 

[swatski]

I'm on Lake Livingston, which is the impounded Trinity River, and often ride upstream on the river itself, sometimes exploring creeks and large ponds flowing into the river. The Texas Stream Navigation Law is enlightening and outlines exactly what constitutes publicly navigable in Texas:

"Under a law dating from 1837, a stream is navigable so far as it retains an average width of 30 feet from its mouth up. The width measured is the distance between the fast (or firmly fixed) land banks. A stream satisfying the 30 foot rule is sometimes referred to as “statutorily navigable” or “navigable by statute.” Under a court decision, the public has rights along a stream navigable by statute just as if the stream were navigable in fact."​

https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/navigability.phtml

-Greg

Exactly. Which in some cases can apply to a dried up creek with barely a puddle of water still considered a navigable channel. Can create a lot of confusion as far as trespassing.

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[Liveto99]

The homeowner with a gun in Texas May not win in the long run but I would listen to them.
Just my $.02 and common sense.

 

[Wisefam22]

On ACE lakes you csnt do anything to the land around lake. They took an aerial shot and basically said this is where lake should be when full and then used some type of distance between that and lake.

Anyone can start at a public access point and walk around the whole lake (for the most part) in some places they messed up the elevation and where full should be. One example of this is a customer of mine on lake Lanier has the corp property line that wraps behind his property somehow so he can do whatever he wants. He has a nice beach entry.

Water laws are weird though that's for sure.

 

[zipper]

My parents have 300' of shoreline on Lake Champlain. Their property stops at the recorded low water level that is found on charts that we use to navigate. 93' on this Lake. Their beach property is under water at 98'. But the Lake seldomly gets low enough to reveal public property, below 93'.

 

[2kwik4u]

KY has similar laws. I have inlaws with property on Rough River Lake which is just southeast of Louisville. They own to the "Red Line", but are allowed to build docks/structures below that line. Anything below the "red Line" is exempt from liability by the corps of engineers if the lake level rises. Build at your own risk essentially. The line is quite literally painted red stripes on trees at the appropriate elevation. They come through and repaint it a few times a decade. When walking down to the dock it is blatantly obvious where the line is.

I'm unsure of rights to camp/beach/dock in the area though. I'm certainly going to ask the next time we're down there.