I have some questions about fishing on private land. One How do you find out who owns the land around the creek/lake/pond? It I don't have to cross a fence to get there can I fish it?

I cop told me that the land around the loop they are bulding in kilgore is owned by an Oil Company. But I have been fishing this creek from the bank.

Also IF I am in a canoe fishing in a creek and it goes into someones land I can fish as long as I stay in the canoeright?

In Texas, it can be tricky finding out who owns land if there is not a home on it to knock on the door. Best bet is to ask around the area, and someone will know who owns it.

Just because you don't have to cross a fence, you still could be trespassing. If you are not sure you are trespassing, need to find out who owns the land.

As far as fishing a creek from a canoe. If it is a navigable waterway, and you can put the canoe in on public land, then you should be fine. If this is a "seasonal-type" creek, then you could be trespassing. If you have to cross private land to put your canoe in the creek, then you are trespassing.

Always best to talk with the area landowners if you are in doubt of trespassing. Then, you may actually get access from the owners to put in at different places, and might open up other opportunities

Good luck...

You can find out who owns what by visiting the county clerks office and looking up on a grid map of the county. They will have the landowner(s) name, address and phone for contact.

Good luck!

The local ASCS office will have maps with landowners on it.

Just don't touch the bottom of the creek with your boat or paddle. I know that sounds stupid, but I've been in the same situation and that is what the GW told me. I didn't know you could own water and the land under the water?

Bass Bustin
You wrote:
"Just don't touch the bottom of the creek with your boat or paddle."
this is not true look it up on the TPW site. The area around the creek and the creek its self are public land. Up to the point of vegitation (flood Plain) or grass line. I had a friend of mine get hasseled by some land owners around the grasslands near Decatur. The law straightened the land owner out and said that anyone can actually put in on the public part of the lake and travel up stream as far as the water will take them. Didn't matter if there was no water there part of the year and didn't matter if they got out of canoe on to the bank as long as he didn't go out of the banks of the area and up onto the grass line! In fact if the water during floods is out of the bank you can go out of the creek but then you cannot get out of the canoe because then you are stepping directly on the grass line out of the creek bed because the water is out of the bed also.
This was about 7 or 8 years ago but from what I read in TPW site about 3 months ago the law is the same.
Look it up!
PS I would still try to get permission as most people will probably cooperate and may actually want to go fish with you!

Bass_bustin_Texan,

Somebody's pulling your leg on that one. It's ok to wade all the way down the river if you want to (and it's not too deep) on a navigable waterway, as long as you don't step out onto the bank, or too far onto the bank, depending on current water levels and how you interpret the law. Hope this helps

Texas River Guide

Guys that is what I think also. But I was told by a Federal Game Warden I was wrong. I argued my case and the same points you made. He told me he better not catch me!

The place I was at was half public and half private. Fence going across the middle of the lake! I had word with the so called owner. He told me if I stepped foot(underwater) on his side of the fence he would have the GW on me. At my truck I found the Fed GW waiting on me.

I even asked if I put my boat in over on the public side and paddled over the fence would that be trespassing? He said yes! I don't know the real answer, but I wish I had the proof of the law in my pocket at that time.

If you can find this law on the internet please post it so I can carry it in my truck. I lost a very good hunting spot b/c of the so called land owner and Fed GW.

The GW told me for it to be navigatable waters it must be dumping into a river.........Well the place I was at eventually dumped into a major river......so I'm as unclear about this as many of us are!

On another note: Some guys I know got a ticket for there duck decoy weights touching the bottom. The creek was flooded and they hunted a flooded field. The decoy weights hold the decoys in place. They were told by the GW they were trespasing and were written tickets.

To me the governement needs to clarify this before someonew gets hurt.

Can anybody find the written law regaurding this issue? I sure would like a copy! I surfed the internet and can't find what I'm looking for.

If they were hunting in a flooded field, they were well outside the legal boundary of the stream-bed and were tresspassing. The level of the river on a single day does not determine where the riverbed is, rather it's where it's been on average over the past year.

go to Texas Statutes , click on "Penal Code" then click on Chapter 30, Burglary and Trespass.

there's more, including stuff about agricultural land.

Then go back to the index and click on "Parks and Wildlife Code" then click on Chapter 90 Access to Protected Freshwater Areas.

disclaimer: I am not a lawyer.

If they didn't cross a fence or any signage, had never spoken to the owner, and couldn't tell that they were in agricultural land, they could be forced to leave, but not guilty of trespass unless they refused. In my opinion.

so if you read chapter 30. Its says Your not tresspassing if no one says anything or places a sign saying so and that if there is no fence you can enter.

It also says the land owner shouldn't put up a fence to prohibit the use of navigable water.

� 90.008. PUBLIC ACCESS. (a) Except as otherwise allowed by law, a person may not restrict, obstruct, interfere with, or limit public recreational use of a protected freshwater
area.
Carry the printout with you and have the warden explain the law. It is pretty clear!

OVERVIEW OF LAWS REGARDING THE NAVIGATION OF TEXAS STREAMS,WITH SELECTED REFERENCES TO STATUTES, CASES,AND OTHER MATERIALS. PRESENTED TO THE TEXAS RIVERS CINSERVATION ADVISORY BOARD OF TEXAS PARKS AND WILDLIFE DEPARTMENT

COMPILED BY JOE RIDDELL ASSISTANT ATTORNEY GENERAL NATURAL RESOURCES DIVISION OFFICE OF THE ATTORNEY GENERAL OF TEXAS


The Texas Supreme Court went on to explain the stream bed messurement

The bed of the sstream defined by statute is that portion of the terrain between its fast land banks. So when the statute says that the average with shall be 30 feet between the banks, it does not mean the space covered by the water at low tide or flow,but theentire bed of the sream.

MEASUREMENT OF STREAM WITH FOR NAVIGABILITY BY STATUE
The entire bed is to be included in the width,not just the area covered by water.The bed extends all the way between the fast land banks. These are the banks which separate the stream bed from the adjacent upland [whether valley or hill] and confine the water to a definite channel. Further, stream segments having a width of less than 30 feet do not defeat the stream's navigability by statute, so long as the stream's width maintains an average of 30 feetor more.

OWENERSHIP OR BEDS OF NAVIGABLE STREAMS

The beds of navigable streams are generally owened by the state, in trust for the public. Most of the land alongside navigable streams is privately owened. The beds of non-navigable streams are usually priately owened.However,the state owns the beds of perennial streams,regardless of navigablility,where the original land grant was made under the civil law prior to 12/14/1837.
Under a 1929 law popularly known as the [Small Bill] the state in some situation has relinquished to the adjoining landowner certain propery rights in the bed of a navigable stream.However the public may still use these navigable streams. The law's major effect was to give some adjoining landowners the royalties from gas and oil under the stream bed. Significantly, the Small Bill declared that it did not impair the rights of the general public and the State in the watersof streams. Thus, along a navigable stream, even if the landowner's deed includes the bed, and taxes are being paid on the bed, the public retains its right to use it as a navigable stream.The Small Bill also retained the states sand and gravel interests.

TEXAS SUPREME COURT ENDORSED THE GRADIENT BOUNDARY CONCEPT, STATING.
The boundary line is a gradient of the flowing water in the river.It is located midway between the lower level of the floweing water thst just reaches the cut bank,and the higher level of it that just does not overtop the cut bank.

The Texas Supreme Court has held that persons may boat and fish on all the lake,s waters,not just on the portion directly above the navigable stream. Therefore a property owner may not fence off any portion of such a lake.
On most of the cases the landowner lost when appealed to a higher court.Get you a good attorney.