Navigable Waterways

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?

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.

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.

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..

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.'

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.

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

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

Don't forget that conspicuously marked now includes a band of purple paint around a tree of fence post.

...even if it's underwater

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

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.

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.

If it's not public or your property keep out. Pretty simple.

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.

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.

this is just like Florida's dry foot rule used for Cuban migrants, except opposite basically

Doubtful an arrest would come of it... they are letting people hunt banks but saying don't let your pellets cross property lines

Navasot,
I agree if the landowner simply calls the local GW. Though GWs can and do issue trespassing charges, they have a TPWD code charge of taking wildlife resources without consent of landowner that is just a class C they probably use a lot. But if the landowner takes the GW out of the loop and calls the county sheriff or local police department it falls on penal code. My understanding it then is a crime against the landowner with the landowner's responsibility to pursue criminal charges. If the landowner is demanding a a Deputy Sheriff issue criminal trespass charges, it very well may end with something for a judge to sort out.

My personal experience with this situation is on a public lake that requires hunters to enter at a hunter access point. I was to be hunting with a heavy canoe and scouting the day before season. I had a dialog with a longtime and locally well liked GW for the area. I pointed out to him that all nearby access points were far from water making it difficult for me to launch my canoe. I asked about a spot a little ways down the road from one of the access points where the water was not far from the road and where the public land came all the way to the road. I asked if I could launch my canoe there. I offered to park at the hunter access after dumping the canoe off and walking back to the canoe if need be. I was told it was close enough to the access point for him and since I talked to him, he would know who I was anyway. The next morning a different younger GW new to the area was checking hunters at the access point, saw my truck down the road, and was told by hunters that the person who parked there was out in a canoe. After he drove around the arm of the lake and waded out to my canoe he was hell bent on writing a ticket. His response to me after I explained his partner had given me permission to park there was "I don't care what the other GW told you. The law is the law and the law says you have to enter at a hunter access point". Long story short I did get out of a ticket, but I am fairly certain no hunters were given breaks on anything on that lake for a while afterwards.

Exactly my point of it will depend on the GW.. Know the area, know the landowners, know the law..... Never step in chest high water with hip waders