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#11252716 - 11/29/15 05:57 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 10/10/09
Posts: 2549
Loc: Mesquite TX
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Whoever placed that cable across the creek is breaking the law. The land owner does not own the creek unless it is private waters.
Reggie
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#11252805 - 11/29/15 06:32 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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Obstruction By Fencing
Texas Attorney General Opinion S-107 (1953) addressed fishing rights of the public along a stretch of the Trinity River bordered by Mexican land grants made under the civil law in 1835. The summary of the opinion stated:
The public may use the bed and banks of the Trinity River up to the gradient boundary for fishing and may make certain uses of its banks above that line if they are held under civil law grants. The riparian owners cannot prevent the public from gaining access to the river by means of a highway right of way by erection of a fence thereon and cannot prevent the public from going up and down the river in boats and fishing in its waters by the erection of fences across the river.
Now you need to know if this stream is actually navigable.
_________________________
"I'd rather be fishing!" 
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#11252848 - 11/29/15 06:48 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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http://tpwd.texas.gov/publications/nonpw...igability.phtmlFrom reading this page, I would assume the creek in question is non-navigable. But that is only my deduction. I'm sure a game warden could give you a definitive answer. Good Luck. PS, if that is where I think it is, I've fished that lake. It is owned by a ranch in Midlothian. My friend knows the man that runs the ranch. It's not all that! LOL
_________________________
"I'd rather be fishing!"
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#11252905 - 11/29/15 07:09 PM
Re: Creek Water ???
[Re: RODS454]
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TFF Team Angler
Registered: 12/30/08
Posts: 4994
Loc: Desoto,Tx. Dallas county
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http://tpwd.texas.gov/publications/nonpw...igability.phtmlFrom reading this page, I would assume the creek in question is non-navigable. But that is only my deduction. I'm sure a game warden could give you a definitive answer. Good Luck. PS, if that is where I think it is, I've fished that lake. It is owned by a ranch in Midlothian. My friend knows the man that runs the ranch. It's not all that! LOL Rodney this is not a ranch & this is not a private water situation. .North Prong Creek is public water. It flows thru the city of Waxahachie & all the way into the upper end of Bardwell Lake & it is very very navigable!Try and Google it up.
Edited by Fishbonz (11/29/15 07:14 PM)
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#11252935 - 11/29/15 07:18 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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Horace, I was referring to the lake you saw past the fence. If I'm not mistaken, these small lake are soil conservation control lakes. There are numerous ones like it around Midlothian. If you can ascertain it is indeed public, this is what TPWD has to say about it. And by the way I agree with you. There should be no fence! I'm thinking it is public and they know it, but don't want anyone floating past there. IMHO.
Q: Is it lawful to fence a stream?
A: That probably depends on whether the stream is public or private. Since the public has a general right to walk and boat in a public stream, a landowner has no right to erect or maintain a fence that interferes with those lawful activities.27 Additionally, it is a crime to restrict, obstruct, intefere with or limit public recreational use of a navigable stream.28 It is a more serious crime to obstruct a waterway to which the public has access so as to make passage impossible or unreasonably inconvenient or hazardous.29 It is easy to imagine situations where a fence in or across a public stream would do just that. But do these statutes prohibit a landowner from putting a fence in or across a private stream? That sounds unlikely, since the public has no lawful access to a private stream without the consent of the owner of the streambed. So it seems to be lawful for a landowner to erect a fence in a non-public streambed.
_________________________
"I'd rather be fishing!"
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#11252975 - 11/29/15 07:29 PM
Re: Creek Water ???
[Re: RODS454]
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TFF Team Angler
Registered: 12/30/08
Posts: 4994
Loc: Desoto,Tx. Dallas county
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Horace, I was referring to the lake you saw past the fence. If I'm not mistaken, these small lake are soil conservation control lakes. There are numerous ones like it around Midlothian. If you can ascertain it is indeed public, this is what TPWD has to say about it. And by the way I agree with you. There should be no fence! I'm thinking it is public and they know it, but don't want anyone floating past there. IMHO.
Q: Is it lawful to fence a stream?
A: That probably depends on whether the stream is public or private. Since the public has a general right to walk and boat in a public stream, a landowner has no right to erect or maintain a fence that interferes with those lawful activities.27 Additionally, it is a crime to restrict, obstruct, intefere with or limit public recreational use of a navigable stream.28 It is a more serious crime to obstruct a waterway to which the public has access so as to make passage impossible or unreasonably inconvenient or hazardous.29 It is easy to imagine situations where a fence in or across a public stream would do just that. But do these statutes prohibit a landowner from putting a fence in or across a private stream? That sounds unlikely, since the public has no lawful access to a private stream without the consent of the owner of the streambed. So it seems to be lawful for a landowner to erect a fence in a non-public streambed.
So if the stream/creek is public waters then so should the lake be right?
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#11252991 - 11/29/15 07:37 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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Yes, that's what I think. But it is not a battle worth fighting, to me. I'm to old, and life is to short now, to worry over that little bit of fishing water. My fighting days are through! 
_________________________
"I'd rather be fishing!"
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#11253050 - 11/29/15 07:59 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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let me know what you find out.
_________________________
"I'd rather be fishing!"
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#11253200 - 11/29/15 09:09 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 04/24/11
Posts: 1247
Loc: Texas, Dallas
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Fishbonz Keep us updated I hate people that do that , There used to be a landowner that did that back home in South Texas and once he was fined he stopped doing it right quick.
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#11253449 - 11/29/15 11:40 PM
Re: Creek Water ???
[Re: Fishbonz]
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TFF Celebrity
Registered: 01/31/10
Posts: 9814
Loc: Flint/Troup,TX
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It is take a game warden fishing day..
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God loves you just as much as anybody else!!
Jesus offered His life as a gift for you. Please accept it!
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#11254339 - 11/30/15 01:35 PM
Re: Creek Water ???
[Re: RODS454]
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TFF Team Angler
Registered: 12/30/08
Posts: 4994
Loc: Desoto,Tx. Dallas county
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let me know what you find out. Well Rodney....I spoke with an Ellis County Game Warden today and he informed me that my investigation wasn`t unique.It seems that others had inquired about this same location in the past.Turns out that the state has determined the area beyond the Cable wired fence to be unnavigable  but I can navigate the waters north of it 
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#11254425 - 11/30/15 02:30 PM
Re: Creek Water ???
[Re: Fishbonz]
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Extreme Angler
Registered: 08/26/10
Posts: 1190
Loc: Midlothian
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I would bet the land owner has some pull in Midlo. or Ellis County. Smells of small town politics! LOL
Go give it a shot and let us know how you do.
_________________________
"I'd rather be fishing!"
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#11254541 - 11/30/15 03:34 PM
Re: Creek Water ???
[Re: Fishbonz]
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TFF Team Angler
Registered: 12/30/08
Posts: 4994
Loc: Desoto,Tx. Dallas county
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I think you`re right man  I will still fish it where I`m allowed and see what I can harvest as soon as it returns to it`s banks
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well Thanks for the info 
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