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#4905940 - 05/26/10 08:25 AM Blanco River near Wimberley
YakBonz Offline
Pro Angler

Registered: 01/25/09
Posts: 565
Curious if anyone knows the conditions of the Blanco around Wimberley. Will be with family and curious if there is any decent bank fishing or if the water is too shallow. Would bring a pole if it is decent, but would be limited to a couple of hours with the kids for fun. Ofcourse if not would will leave the poles at home for space sake.
_________________________
Give a man a fish and he will eat for a day. Teach him how to fish, and he will sit in a boat and drink beer all day.

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#4907614 - 05/26/10 01:51 PM Re: Blanco River near Wimberley [Re: YakBonz]
cypher_orange Offline
Extreme Angler

Registered: 02/09/10
Posts: 1611
Loc: San Antonio/ Canyon Lake, TX
Latest report out of Wimberley says the river is @ a depth of 4.29 ft and flowing at abot0.2 cfs so virtually still. This info was current as of 1 pm Wednesday 5-26.

Hope this helps.

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#4907725 - 05/26/10 02:14 PM Re: Blanco River near Wimberley [Re: cypher_orange]
YakBonz Offline
Pro Angler

Registered: 01/25/09
Posts: 565
Much appreciated
_________________________
Give a man a fish and he will eat for a day. Teach him how to fish, and he will sit in a boat and drink beer all day.

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#4907736 - 05/26/10 02:16 PM Re: Blanco River near Wimberley [Re: YakBonz]
cypher_orange Offline
Extreme Angler

Registered: 02/09/10
Posts: 1611
Loc: San Antonio/ Canyon Lake, TX
No prob!


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#4910080 - 05/27/10 12:31 AM Re: Blanco River near Wimberley [Re: cypher_orange]
cypher_orange Offline
Extreme Angler

Registered: 02/09/10
Posts: 1611
Loc: San Antonio/ Canyon Lake, TX
Do you ever have a problem with people giving you a hard time around there for being in the river behind their house. I've heard alot of people have had that problem, and I have one story of my own.

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#4910594 - 05/27/10 08:34 AM Re: Blanco River near Wimberley [Re: cypher_orange]
YakBonz Offline
Pro Angler

Registered: 01/25/09
Posts: 565
First time down there staying on th river. We actually have a cabin that is on the river so shouldn't be a problem as long as we are on property. My research though does confirm that as with any river there are belligerant land owners who think they own the river. I can see where this is a problem in an area which is known for college kids tubing and drunk. I kayak down rivers and have never had a problem, but also know that these folks are full of hot air and blow them off. From what I understand some are of the understanding that the riverbed/river is not public because the law states that this is the case on any navigable waterway, and they do not deem there stretch 'navigable' since there are so many shallow sections that require portaging.

Would be interested in your story.
_________________________
Give a man a fish and he will eat for a day. Teach him how to fish, and he will sit in a boat and drink beer all day.

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#4910666 - 05/27/10 08:56 AM Re: Blanco River near Wimberley [Re: YakBonz]
LandPirate Offline
TFF Celebrity

Registered: 04/13/09
Posts: 5343
Loc: Buda/Port A
Wimberley is in Hays Co. I work for Hays Co. S.O. The Blanco River is unique in that the property owners own the river bed and banks. The water, of course, belongs to the people and you may float on it. However, as soon as your foot hits bottom you are trespassing.

If you're staying at a river front B&B or 7A Ranch then they own the banks and bed and you will have access. If not, you will be trespassing if you try access the river through someone's property and we will probably get a call and have to make you leave.

As to the original question, the river is flowing lightly at the moment. It went dry for over a year and TPWD has not yet restocked the river. There are some fish in the deeper holes but no great numbers.
_________________________
Mike
Buda/Port Aransas, TX

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#4910768 - 05/27/10 09:18 AM Re: Blanco River near Wimberley [Re: LandPirate]
cypher_orange Offline
Extreme Angler

Registered: 02/09/10
Posts: 1611
Loc: San Antonio/ Canyon Lake, TX
Oh my story.

So I'm kayaking the river and there's no one around in my vision so I decide I won't bother anyone if I have a home rolled cigarette. Yes...completely legal tobacco/herbal blend. Well I roll it up and about 2 puffs in an irate old man comes storming down the bank yelling how dare I come to "his backyard" to partake in "illegal" activities. He obviously thought it was a different substance. He'd been watching me from his patio through binoculars. He said I could expect the law to be there any minute and sure enough when I got out downstream about 20 min there were a couple deputies waiting. I showed them what I had and they were very nice and real cool about things and let me go on about my business.

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#4911661 - 05/27/10 12:06 PM Re: Blanco River near Wimberley [Re: cypher_orange]
fiSherwood Offline
TFF Team Angler

Registered: 01/02/07
Posts: 4926
Loc: Northern Michigan
I was there a month ago and couldn't find any public access for fishing on the Blanco, so I fished Cypress Creek and had lots of fun with bluegill and redbreast, and a few small guadaloupe bass.
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Brian Sherwood

Carp Anglers Group
CarpPro



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#4911693 - 05/27/10 12:11 PM Re: Blanco River near Wimberley [Re: cypher_orange]
USMC_Guy Offline
Extreme Angler

Registered: 12/14/09
Posts: 2129
Loc: Selma, TX
Not to argue since you are an LEO but I did look through the TPWD site and found this:

"Q: Some landowners in my county have deeds to the riverbed. Can they exclude the public from their part of the river?

A: Not if the river is navigable. The policy of the government of Texas, expressed in statute since the days of the Republic, has been to retain the beds of navigable streams as public property.13 However, the state surveyors did not always adhere to this law, and some land grants purported to include the beds of navigable streams. To remedy this situation, in a 1929 law known as the Small Bill, the state relinquished to the adjoining landowners certain property rights in the beds of some navigable streams. However, this statute declared that it did not impair the rights of the general public and the state in the waters of the streams.14 So even if a landowner's deed includes the bed of a navigable stream, and taxes are being paid on the bed, the public retains its right to use it as a navigable stream.

It is a fairly common myth that a person boating along a "Small Bill" stream may not set foot on the streambed if the landowner forbids it. This is based on the notion that a person who steps into the streambed has entered onto private property within the meaning of the criminal trespass law.15 This may have some applicability when the waters of a stream leave its banks and a boater navigates out of the streambed and steps onto the adjacent private lands, or on coastal land when tide waters cover private property. But the general public has the right to walk within the boundaries of any navigable streambed, even if there are private ownership rights under the Small Bill.16

The numbers 14, 15 and 15 refer to statutes and cases involving streambed navigation. To date, the courts have unanimously supported the rights of the public under the provisions of the Small Bill."

I don't know if it would be worth the hassle to test this theory though so I stay mainly in the well traveled portions of rivers where this doesn't come up. Also, some people out there are crazy and you may end up with a backside full of buckshot or worse.


_________________________
Mike C.

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#4912053 - 05/27/10 01:21 PM Re: Blanco River near Wimberley [Re: USMC_Guy]
cypher_orange Offline
Extreme Angler

Registered: 02/09/10
Posts: 1611
Loc: San Antonio/ Canyon Lake, TX
I saw that too. One of those old obscure laws like you can't swing a cat by the tail on Easter Sunday. Only this one DOES make some sense. I do understand where landowners are coming from. It would suck to pay taxes on land that really isn't yours. What needs to happen is the state needs to resurvey and adjust taxes accordingly...but I can see ALOT of problems coming from that too.

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#4913541 - 05/27/10 06:37 PM Re: Blanco River near Wimberley [Re: USMC_Guy]
LandPirate Offline
TFF Celebrity

Registered: 04/13/09
Posts: 5343
Loc: Buda/Port A
Originally Posted By: USMC_Gy_09
Not to argue since you are an LEO but I did look through the TPWD site and found this:

"Q: Some landowners in my county have deeds to the riverbed. Can they exclude the public from their part of the river?

A: Not if the river is navigable. The policy of the government of Texas, expressed in statute since the days of the Republic, has been to retain the beds of navigable streams as public property.13 However, the state surveyors did not always adhere to this law, and some land grants purported to include the beds of navigable streams. To remedy this situation, in a 1929 law known as the Small Bill, the state relinquished to the adjoining landowners certain property rights in the beds of some navigable streams. However, this statute declared that it did not impair the rights of the general public and the state in the waters of the streams.14 So even if a landowner's deed includes the bed of a navigable stream, and taxes are being paid on the bed, the public retains its right to use it as a navigable stream.

It is a fairly common myth that a person boating along a "Small Bill" stream may not set foot on the streambed if the landowner forbids it. This is based on the notion that a person who steps into the streambed has entered onto private property within the meaning of the criminal trespass law.15 This may have some applicability when the waters of a stream leave its banks and a boater navigates out of the streambed and steps onto the adjacent private lands, or on coastal land when tide waters cover private property. But the general public has the right to walk within the boundaries of any navigable streambed, even if there are private ownership rights under the Small Bill.16

The numbers 14, 15 and 15 refer to statutes and cases involving streambed navigation. To date, the courts have unanimously supported the rights of the public under the provisions of the Small Bill."

I don't know if it would be worth the hassle to test this theory though so I stay mainly in the well traveled portions of rivers where this doesn't come up. Also, some people out there are crazy and you may end up with a backside full of buckshot or worse.



Exactly what I said...I agree with you 100%. As long as you are floating on the water of the navigable stream you will be fine. But if you're standing on the bed then you are trespassing. Of course this brings up the question, when is the stream navigable? Or, Is this portion navigable?

The biggest complaint from most land owners in Wimberley occurs when people set up camp or for the day on the bank along the river. Or when people attempt to park alongside the roadway (River Rd). There is no county shoulder along there. Once you leave the roadway you're trespassing.


Edited by LandPirate (05/27/10 06:42 PM)
_________________________
Mike
Buda/Port Aransas, TX

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