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Preston and Legacy pond #11528013 04/07/16 08:27 PM
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Linecaster Offline OP
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Is anyone still fishing this little lake? I have not been there for awhile and read somewhere that the city of Plano was clamping down on floaters on their ponds.


In the beginning God created. Gen. 1:1
All things were made by him and without him was not anything made. John 1:3
Re: Preston and Legacy pond [Re: Linecaster] #11528034 04/07/16 08:38 PM
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J Barlow Offline
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I do fish it but I have not been up there since last fall but I do go up there.
Does the City of Plano own that pond??

Re: Preston and Legacy pond [Re: J Barlow] #11528759 04/08/16 02:53 AM
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Originally Posted By: J Barlow
I do fish it but I have not been up there since last fall but I do go up there.
Does the City of Plano own that pond??


I thought Plano City does own it hence my question, I guess a trip there to see if there is any no boating signs up. Thanks for the reply.


In the beginning God created. Gen. 1:1
All things were made by him and without him was not anything made. John 1:3
Re: Preston and Legacy pond [Re: Linecaster] #11533931 04/11/16 12:40 PM
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I've been there a few times this year in the kayak. I was there about a week ago and there were no signs of any sort. The fishing has been so-so compared to previous years. I suspect it is due from increased pressure since the walking trail runs the length of it now and it is getting a lot of increased pressure from the bank. I've also seen people take LMB regardless of size - filling up their buckets.

Re: Preston and Legacy pond [Re: Superslab] #11540756 04/13/16 11:36 PM
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I used to fish this gem almost exclusively in my kayak, but somehow had the feeling that Plano Recreation and parks had stopped all fishing from kayaks boats and float tubes.
I phoned Plano City Recreation and Parks today and it was flat out stated there is no boating, kayaking or swimming allowed in any Creek Pond or Lake in Plano. Float tubing is considered swimming.


In the beginning God created. Gen. 1:1
All things were made by him and without him was not anything made. John 1:3
Re: Preston and Legacy pond [Re: Linecaster] #11541865 04/14/16 01:51 PM
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Todd Offline
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I would ask how this is possible on private property but then I remembered its the almighty government and we must respect. What stopped me from fishing there was no parking. Used to park at the bank but they started towing. It's pretty bad when you pull your gear on the bank to leave and find you have no vehicle to get home.

Re: Preston and Legacy pond [Re: Linecaster] #11543539 04/15/16 02:22 AM
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Linecaster Offline OP
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Yep there is a prominent sign that warns of towing and that was my secondary concern especially when fishing on weekdays.
Funny a few years ago when I was once fishing from my float tube a police officer sat in his vehicle watching me after first asking what I was fishing for with the fly rod.


In the beginning God created. Gen. 1:1
All things were made by him and without him was not anything made. John 1:3
Re: Preston and Legacy pond [Re: Linecaster] #11543590 04/15/16 02:47 AM
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Real bummer..as I work at the building next to the bank. Met u, there, superslab last year.

Re: Preston and Legacy pond [Re: Linecaster] #11544286 04/15/16 02:46 PM
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I recall meeting you timbertoes.

I find it interesting that the bank is towing. The private parking/towing sign at the bank has been there for years. I've fished this spot a lot from late fall thru early spring this year and never encountered any issues. In fact the last time I went, I unloaded directly in front of a Plano police officer that was helping with an accident that happened at the entrance and Legacy Rd. I'm not saying kayaking is permitted, just that the rules don't seem to be enforced, or they have recently started to enforce them.

Re: Preston and Legacy pond [Re: Linecaster] #11544783 04/15/16 06:24 PM
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The city of plano doesn't have a leg to stand on in the matter of this creek. It is a naviagble stream. They have no right to say there is no boating or swimming in it.

http://agrilife.org/texasaglaw/2014/05/13/public-right-of-use-for-texas-waterways/

Last edited by brandonsbird02; 04/15/16 06:25 PM.
Re: Preston and Legacy pond [Re: Linecaster] #11544991 04/15/16 08:03 PM
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erittmueller Offline
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This is actually white rock creek which is a navigable waterway because the system as a whole on avg (mean) is more that 30ft wide and therefore you are even allowed to cross private property for the reason of scouting and portaging an unnavigable spot (like a dam). Read up on the texas water rights.

Re: Preston and Legacy pond [Re: Linecaster] #11545227 04/15/16 09:48 PM
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Todd Offline
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Hey Superslab no more parking worries. Timbertoes works next to the bank so we can park at his building roflmao

I know about the law but not sure how to go about stopping Planos law. Does somebody have to be a martyr and get arrested first or do we contact somebody from the state? You guys that fish this place often should look into it. There are so many waters I just ignored the place but I don't want an out of control city government taking away my fishing rights.

Re: Preston and Legacy pond [Re: Linecaster] #11545243 04/15/16 09:59 PM
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For those that want, I would call or email there park and rec department and inform them of the Texas laws and see what they say. Then if that doesn't get u anywhere go to city council bout it. Then I would call the state on them if u don't get anywhere with council. U can also call the city manager.

Re: Preston and Legacy pond [Re: brandonsbird02] #11550169 04/18/16 04:36 PM
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Originally Posted By: brandonsbird02
The city of plano doesn't have a leg to stand on in the matter of this creek. It is a naviagble stream. They have no right to say there is no boating or swimming in it.

http://agrilife.org/texasaglaw/2014/05/13/public-right-of-use-for-texas-waterways/


unfortunatly the definition of "navigable" is tied directly to who owns the bed under the stream. This is from the link above:

i.e. " Essentially, the ability of the public to use the stream depends upon who owns the bed. If the state owns the streambed (meaning that the stream is navigable), the public has the right to use the bed and banks and the adjacent landowner may not prevent persons from doing so. See Texas Water Code Section 11.096. If, on the other hand, the private landowner owns the streambed (meaning that the stream is classified as non-navigable), the public has no right to use the bed and banks and the landowner may erect barriers to prevent the public from doing so. "

I owned the bed under a body of water that appeared to be "navigable" but the quoted legal definition above helped me beat a miss-informed LEO that thought he knew more about the law and could fish in my yard. He even told me I cold not have a fence up prohibiting his access to it. Not so.. The term "navigable' is really misleading as it sounds like a body of water that you can physically navigate, but in reality it is only referring to who owns the land it is running across. If it is privately owned, it is not navigable. If there are no "posted" signs, then you can access it if you can do so without getting on the land ( from upstream etc. ).

I fish to relax and therefore keep my distance from any body of water I have any questions about or might create stress of any level. I have fished a lot of private tanks, just by knocking on a strangers door and asking. I have even had a couple ask me if I could drop off a few fish when I told them that I typically keep nothing. More than once I have made friends that have asked me back again or to come dove hunt.


Phill Pittman

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Re: Preston and Legacy pond [Re: Linecaster] #11550825 04/18/16 10:05 PM
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erittmueller Offline
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Correct, and white rock creek is definitely a navigable waterway and have an avg of over 30ft across from where it enters the Trinity to where is starts near Centennial High School in Frisco (not just the water being 30ft across but the streambed). You can't legally cross private property to get there or leave but you can use the waterway. You can cross private property in order to portage an obstacle if necessary (like a dam or log jam).

Eric

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