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#6217748 - 03/10/16 11:25 AM Navigable Waterways
BDB Offline
Bird Dog

Registered: 01/30/14
Posts: 331
I have spoken to TPWD game wardens and read the states statues on whats allowable when water floods out of its banks. The warden told me on the phone I was allowed to follow the water no matter where it went (up onto private land). Just stay in the water and follow by all other laws. But the way I read the laws your supposed to stay in the original "banks" of the waterway. Unless I read it wrong.

Anybody have any clarity on this?

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#6217867 - 03/10/16 12:59 PM Re: Navigable Waterways [Re: BDB]
Roc Offline


Registered: 08/07/09
Posts: 375
Stay off private land. This same case was happening during season and the warden there was giving warnings and tickets to people in kayaks and small boats on private property. I wouldn't want the ticket and not worth the fight.

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#6217900 - 03/10/16 01:27 PM Re: Navigable Waterways [Re: BDB]
wal1809 Online   content
THF Celebrity

Registered: 08/26/05
Posts: 10861
Loc: Texas
It is my understanding without reading the laws. Traveling and fishing you're allowed wherever the water takes you. When hunting, you may only hunt the confines of the river bed to include your pellets. I have not read the actual law pertaining to this situation.
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#6217904 - 03/10/16 01:31 PM Re: Navigable Waterways [Re: BDB]
Navasot Offline
Natty Love

Registered: 09/22/11
Posts: 25936
Loc: Normangee/Navasota TX
will always depend on the warden with something like this. use to it was hunt were ever you could get in your boat... just don't get out... apparently there was a big change on the hunting side of things 5-6yrs back I believe but fishing and boating still the same... I don't mess with it as far as duck hunting anymore unless I talk directly with a warden of the area.. or the few that possibly could show up.. but bowfishing... ill be were ever my boat can get..
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#6217952 - 03/10/16 02:04 PM Re: Navigable Waterways [Re: BDB]
mattyg06 Offline
Bird Dog

Registered: 04/22/14
Posts: 430
We hunted a place for a while that owned both sides of a navigable stream in a flood plane. That specific game warden told us the public could hunt the stream but they had to stay in the banks at a 'normal level' even though the water flooded hundreds of yards further past the 'normal bank.'

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#6217963 - 03/10/16 02:13 PM Re: Navigable Waterways [Re: BDB]
Littlejr13 Offline
Outdoorsman

Registered: 07/26/10
Posts: 98
I thought u could use the waterway but as soon as u touch anything from the private properrt( say ur decoy weights hits bottom, or u touch a tree) then it becomes trespassing. I would like to know for sure though.

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#6218044 - 03/10/16 03:08 PM Re: Navigable Waterways [Re: BDB]
FowlTrouble Offline
Woodsman

Registered: 03/28/05
Posts: 208
Loc: Mesquite, Tx
I believe if you are hunting in this scenario your pellets are not supposed to cross onto the private property

Its not worth the risk of getting ticketed or more.....theres plenty of other places to legally hunt with no problems

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#6218060 - 03/10/16 03:22 PM Re: Navigable Waterways [Re: BDB]
Sniper John Offline

gumshoe

Registered: 08/31/05
Posts: 16303
Loc: North Texas
In the sticky I put together at the top of the forum there is a part (Links related to public hunting on Texas Rivers). About 10 links to different pages addressing it. Let me know if there are any dead links.

This is the link from that list it that most addresses your question. TPWD Code looks pretty to the word clear on this one.
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.62.htm#62.0061
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#6218225 - 03/10/16 05:02 PM Re: Navigable Waterways [Re: BDB]
Windrider Offline
Tracker

Registered: 09/26/06
Posts: 597
Loc: McKinney, TX
Don't forget that conspicuously marked now includes a band of purple paint around a tree of fence post.

...even if it's underwater


Edited by Windrider (03/10/16 05:03 PM)
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#6218308 - 03/10/16 06:03 PM Re: Navigable Waterways [Re: BDB]
Sniper John Offline

gumshoe

Registered: 08/31/05
Posts: 16303
Loc: North Texas
The"discharge across property line" is the other deal breaker that makes most river waterfowl hunting very difficult to do. Legally..
http://www.statutes.legis.state.tx.us/Docs/PW/htm/PW.62.htm#62.0121
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#6218321 - 03/10/16 06:09 PM Re: Navigable Waterways [Re: BDB]
TxDuck24 Offline
Pro Tracker

Registered: 12/14/09
Posts: 1987
Loc: Seadrift,Tx
This is treacherous waters, very touchy subject! Definetly need to make sure the guy owning this private water isn't a old school kinda guy. aim rifle
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#6218381 - 03/10/16 06:45 PM Re: Navigable Waterways [Re: Navasot]
BDB Offline
Bird Dog

Registered: 01/30/14
Posts: 331
Originally Posted By: Navasot
will always depend on the warden with something like this. use to it was hunt were ever you could get in your boat... just don't get out... apparently there was a big change on the hunting side of things 5-6yrs back I believe but fishing and boating still the same... I don't mess with it as far as duck hunting anymore unless I talk directly with a warden of the area.. or the few that possibly could show up.. but bowfishing... ill be were ever my boat can get..


The warden I talked to said I could walk the water and follow it. He was the county warden. All I'll say is this is not a dfw lake. "Just shoot back toward the main body of water" he told me. If you come to the waters edge and see a pot hole 30 yards across dry land....full of ducks, walk away as that would be trespassing if you break dry land to reach it (obviously). Another warden told me when I hunt the red, just don't piss off the deer hunters cause we all know where your pellets are going....so if I don't get the call from them nothing's harmed. But if I get the call I will have to shut you down (warning, no ticket he said)

For the record we had 2 really nice hunts on this lake following the water and I never hunted the red like I wanted too.

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#6218445 - 03/10/16 07:10 PM Re: Navigable Waterways [Re: BDB]
#Hayraker Offline
Chihuahua

Registered: 01/19/08
Posts: 11669
Loc: Texas
If it's not public or your property keep out. Pretty simple.
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#6218506 - 03/10/16 07:34 PM Re: Navigable Waterways [Re: BDB]
Sniper John Offline

gumshoe

Registered: 08/31/05
Posts: 16303
Loc: North Texas
If "the red" that the adjacent deer hunters are on is also public land or is land owned by the same controlling authority as the water, you may be dealing with a rule outside the GW's control rather than a law or regulation. If it is privately owned land adjacent to public water, the landowner is just as likely to call other law enforcement than TPWD. Too you could get a different GW. Or a landowner standing by demanding an arrest. Risk to benefit, a Class B tresspassing with a weapon charge is never going to be worth it.
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#6218955 - 03/11/16 06:12 AM Re: Navigable Waterways [Re: #Hayraker]
wal1809 Online   content
THF Celebrity

Registered: 08/26/05
Posts: 10861
Loc: Texas
Originally Posted By: #Hayraker
If it's not public or your property keep out. Pretty simple.

I agree. The laws were changed because people were over stepping their bounds. I have a friend with 900 acres, half of which the Navasota floods his timber bottom land. It is duck mecca when the flood timing is right. He gets fairly aggravated when duck hunters run over his fences that are just under the surface, when they park boats and walk on his land to hunt away from the boat, when he has to pick up their trash ect. Those that hunt the Navasota will know the property. It is where the cement column for the old railroad bridge still stands in the river bed. He has always turned a blind eye and never ran anybody out of the place. He now says no more. He is just tired of the trespassing.
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