The properties that people choose for agricultural purposes across Texas often feature certain elements that reduce farming demands and expenses. Sources of flowing water, including rivers and streams, provide not just water for cattle and agricultural crops but also green spaces that develop naturally due to the nearby presence of water.
People whose professions rely on the water on their property may be defensive of that water. They may also treat anyone who attempts to pass through their property as a trespasser. Can farmers and other property owners treat the rivers and streams crossing their land as private property?
Farmers own the land, not the water
Farmers and other real estate owners purchase the land itself, as well as any improvements erected on the property. They do not necessarily own the surface water flowing through their property.
Any navigable waterways technically remain public property, which means that everyone has a legal right of access. Rivers and streams that are large enough to support small boats or even floating logs from timber operations are often considered navigable waterways.
Farmers and other property owners can restrict people from wandering across their property, but the water itself and the banks of the waterway remain public and are accessible to anyone. So long as others do not trespass on the land surrounding the waterway, the property owner cannot take any action against those making use of their water access rights.
Outdoor enthusiasts and even neighbors may find themselves embroiled in a conflict regarding the right to access streams and rivers that cross private property. Assessing the situation with a lawyer can help people assert their rights to access and travel navigable waterways.
