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Question about wade fishing & trespassing

Posted By: Fishuhalik

Question about wade fishing & trespassing - 05/18/14 10:03 PM

I was off today & decided to throw on my waders & try for some bass at Coleto Res. I was getting a few here & there when a guy drove his boat up to me & told me I was trespassing on his buddy's property & better leave ASAP. Let it be clear, I was waste deep in the water & made sure to never step foot on dry land. I didn't argue my point as he seemed pretty irritated & since I'm new to this beautiful state, there's alot of regs I'm still learning. Can anyone tell me with 100% certainty what the regs are about this? Thanks!!
Posted By: Ban-D

Re: Question about wade fishing & trespassing - 05/19/14 03:04 AM

I've been told numerous times that property lines end at the waters edge. So if the water high property is smaller or if it's dry the bed is now property.That being said don't go get shot because some other a hole doesn't know the law.
Posted By: dmunsie

Re: Question about wade fishing & trespassing - 05/19/14 06:02 AM

ha..I've had that line used on me in the past when a boater doesn't want you fishing where he wanted to anchor down at. "This is my buds property, I'm going to call the cops if you don't leave"....."Go ahead and call as I'd like to find out legally if I can fish here or not in the future, thanks!". Seems like they always just speed off and never come back. Now...with that in mind..make sure you didn't walk past any obvious signs, etc, etc. If you didn't, just continue fishing.

But like Ban-D said, if the guy is having a bad day and wants to kick it up a notch, definitely is not worth it, just find another fishing hole.
Posted By: HeavyLead

Re: Question about wade fishing & trespassing - 05/19/14 03:17 PM

The law says that you can fish on "navigable" waters. The question then becomes, "what are 'navigable' waters"? The fact that he drove up on his boat is a pretty good indicator.

I presume that you had to be on land at some point in order to wade out to where you were though. Unless you got there in a boat. You can't cross someone's private property to get to the public water without their permission. That's the thing about fishing those places. You can't trespass in order to get to a place you aren't trespassing.
Posted By: UrsusVeritas

Re: Question about wade fishing & trespassing - 05/19/14 04:43 PM

as long as you accessed the lake at a public place, you were fine.

There are some good articles talking about property lines, but with lake levels where they are now, if you were touching water at all, I can guarantee you were ok.
Posted By: Fishin' Nut

Re: Question about wade fishing & trespassing - 05/19/14 06:20 PM

Call the Guadalupe-Blanco River Authority at (361) 575-6366 and ask them this question. My guess is as long as you didn't cross private property to wade the lake, you are legal. I would have told the boater to call the Lake Warden at the above number abide by his decision.
Posted By: DentonRiverFishing

Re: Question about wade fishing & trespassing - 05/20/14 12:48 AM

http://www.tpwd.state.tx.us/publications...nnedy_faq.phtml
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