Overview of Laws Regarding the Navigation of Texas Streams

With Selected References to Statutes, Cases, and Other Materials

Contents

• The Navigation Right
• Navigability
  • Navigable In Fact
  • Navigable by Statute
  • Measurement of Stream Width
  • Navigability of Lakes
• Public Access to Navigable Streams
• Regulation of Water Safety
• Lawful Activities Along Navigable Streams
• Motor Vehicles in Stream Beds
• Private Uses, Obstructions, Bridges, and Dams
  • Obstructions
  • Disturbing or Taking of Marl, Sand, Gravel
  • Permitting of Bridges
  • Permitting of Dams
• Ownership of Stream Beds
• The Gradient Boundary
• Criminal Trespass
• Use of Stream Bank to Scout and Portage Hazards

About this Paper

Presented to the Texas Rivers Conservation Advisory Board of the Texas Parks and Wildlife Department April 18, 1997 [Citations and statutes updated to January 2004]

Compiled by:

Joe Riddell
Assistant Attorney General
Natural Resources Division
Office of the Attorney General of Texas

Opinions expressed in this paper do not necessarily reflect the opinions of the Office of the Attorney General or those of the Texas Parks and Wildlife Department.