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Can landowners prohibit access to creeks, streams or rivers?

On Behalf of | Jul 13, 2024 | Water Access |

Neighbors can end up arguing over various issues related to their land rights. Boundary issues and nuisance behaviors can lead to significant conflicts and even litigation. Sometimes, water access can be the source of neighborly disputes.

Water is a critical natural resource that improves the value of a parcel and can facilitate agriculture or recreation. Flowing water, in particular, often attracts people eager to explore or fish. The law is very clear about the right to public access to most lakes and ocean shorelines. Things are less certain when there are disputes about rivers, creeks or streams.

Some landowners may try to deny access to running water on their property. They may claim that their private property rights allow them to turn people away once they reach the boundary of the parcel. However, Texas has laws that help to uphold the right of access to public waterways.

What constitutes a public waterway in Texas?

Water access rules in Texas are somewhat vague. A waterway is public and therefore accessible to anyone if it is navigable. There is no exact definition for navigable streams and rivers. The width of the waterway, the depth of the water and even whether it dries up seasonally can influence the classification of a stream or river.

Some jurisdictions use a float test. If a log or shallow vessel can pass through the water without running aground, then it may be a navigable waterway. In such cases, public access rules apply. Landowners have to allow access within the body of water itself, which means people can walk up a stream without trespassing even if they are technically on someone else’s property.

The banks of the stream are also locations where members of the public can access. If a neighbor has erected barriers or threatened someone over their attempts to access a navigable waterway, litigation might be necessary. A lawsuit could force the neighbor to take down obstructions erected to limit access or to cease activities intended to intimidate or threaten others for accessing the water.

Learning more about real estate rules and water access laws can benefit those with real property in Texas. Many people do not understand their property rights, and this reality can be to their great disadvantage.

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