Q: What is a public lake?
A: The typical public lake in Texas was created by building a dam on a navigable stream. When a navigable stream is dammed, the resulting lake is a public lake, and the public may boat and fish on all of the lake's waters, not just that part directly above the streambed. Therefore, a property owner may not fence off any portion of such a lake.7 For other lakes, the test is whether the lake is navigable. Typically, the small natural lakes in Texas are held to be non-navigable, and therefore subject to private ownership and control. Manmade stock tanks and flood control ponds are usually non-navigable as well. The public has no right to boat, fish, or hunt in or on the waters of private lakes,8 and hunting or fishing without landowner consent is a crime.9 In order to encourage outdoor recreation, the legislature has limited the liability of landowners who allow the public to use their property for recreational purposes.10

That cove hasn't seen water in many years since it was fenced off. The lake is down more than it's up so that's probably why he's gotten away with it for so long. Even if the lake came up to pool level which it will take to put water in that cove, it won't be there long anyway.

Without knowing the exact bit of land we're talking about, and assuming that you were operating a boat on the water, the short answer is that you're not trespassing ON their land. BUT, if your boat (kayak, etc) touches the shoreline within their property boundaries, then you are trespassing.

As a practical matter, it's kinda rude to intrude into an area that is normally someone's private property, even if it is temporarily flooded. Best to move along as you did.

That fence was put up when the lake had water in it. But yes, as we all know, the lake is down more often than full, maybe that's how they get away with it.

Someone put up a gate on a little cove on the Brazos above Lake Granbury. Some authority came and made them remove it. Sometimes when I fish that cove, the guy gets in his Ranger ATV and drives down closer to the water to watch us. Guess he thinks we are up to no good.

The last laugh was on him if the reason he fenced off the cove was that he wanted his own private lake, because the lake went down faster than the ink dried on the reciept that he got after buying all that expensive fence wire and posts to put up that fence.

I would have told him to pound sand

http://www.swf-wc.usace.army.mil/grapevine/Realestate/Feeland/index.asp

If it has got water on it...it is pretty much public land on Lake Grapevine. I think gvine might be a half a foot over flood pool.

The other thing to consider...it is federal land...not state.

I've had a fence removed a couple of times on a river that dude thinks he owns.

Pretty much all you need to know here. http://www.nationalrivers.org/

This doesn't help answer the question, just throws some disbelief on it. Some years ago I read in an outdoor or fishing magazine (Outdoor Life or something in that vein) about a fishing in flowing water issue. Stream/riverbank owners owned the land, including that under the water, but not the water. It was illegal to fish from the bank or while wading without the landowners permission. BUT if you were afloat in boat, tube, whatever, it was perfectly legal because you weren't 'physically on' the land.

From what I know from a Game Warden, He was explaining private land and public water, with a certain example. If you have piece of land that has a river or some public water that cuts through it, then being on the that water is not trespassing, but if they touch the bank they can be arrested for trespassing.

So as long as you don't hop out of your boat at the Gaylord, your good to go.

That isn't a exactly true. You have the right to reasonable portage:
https://tpwd.texas.gov/publications/nonp...ndportage.phtml

Louisana regs ate coming to Texas. I hope not.