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Re: SB 1236-New Legislation [Re: unclebubba] #8889486 07/26/23 10:02 PM
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Originally Posted by unclebubba

Originally Posted by onlysmith&wesson
Originally Posted by BOBO the Clown
Originally Posted by onlysmith&wesson
Wow. Just spoke to Game Warden for the area that I USED to publicly hunt. State Wide ban, no more hunting within the gradient boundary of navigable water ways.

He was very Pro Public Hunting. In 25 years, 60 miles of river he wrote 2 tickets to public hunters. It wasn't a problem. He was really disappointed, he felt that people needed a place to hunt that didn't cost $$$$$$.

The upside, no more river hunters making their way down to our lease on the Red. Downside, I can't hunt the Pease. I'll miss it.



think of all the guys that duck hunt the red river or brazos…. its a lot

That's still on, you can use a shotgun, just no slugs. Check it out.

Buckshot for deer? It's not a slug.

Legally yes. But IMO, not practical there. The shots are long and you don't have a lot of time. I had to put deer down DRT.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: Double AC] #8889490 07/26/23 10:08 PM
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Originally Posted by Double AC
Originally Posted by onlysmith&wesson
Originally Posted by Double AC
Buckshot is still loose shot, no?

To me it is. Bad thing, some deer are going to be wounded that would have otherwise been dropped on the river with a rifle. Not many, but one is too many. In all my years of hunting the Pease, I never had a buckshot opportunity on a deer. I'm done hunting it for now, maybe it will change someday.


Agree that I don’t think it’s a consistently effective method but just trying to understand what is and is not allowed per the regulation. Buckshot is plenty lethal for hogs and coyotes at ethical ranges

Yes, it is. But in all the years I didn't have those shot opportunities. With no stand, no feeders, you had to hunt travel paths that were scouted in September-October. Slip in way before sun up, stay all day. I would set up prone on high grassy areas and hunt 300 yards each direction. I'd make long shots on hogs and coyotes this was as well. It was great hunting, mainly because not many were willing to walk 3-4 miles in, and out. Out with a 1/4'd buck on your back.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: BOBO the Clown] #8889499 07/26/23 10:24 PM
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Originally Posted by BOBO the Clown
Originally Posted by QuitShootinYoungBucks
Honestly I always thought it was weird that anyone COULD hunt those lands. You don't own or lease them and they're not truly 'public', not like the state/national lands.


It all goes back to definition of a navigable water way.

The high water mark is always bugged me but Im probably jaded as I’m a land owner and always push for LO rights. You could float the llano river and shoot deer below the high water mark, regardless where homes where.

Nothing worse then owning a river property and some one camping on your land, and throwing a party all night just 50 yards down hill from you property. Or having shot gun shells pepper you house roof.

In some states like Colorado you cant even touch the bottom of the river bed, with oar, anchor or foot, damn sure arent hunting it

legislation like this is because of FU in your face bad apples, with no common courtesy that push the limits so bad, a deep pockets LO has enough.


Yep.

Re: SB 1236-New Legislation [Re: GusWayne] #8889533 07/26/23 10:58 PM
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Has this been approved in both houses and, if so, has the Governor signed it?


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Re: SB 1236-New Legislation [Re: GusWayne] #8889662 07/27/23 01:37 AM
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Re: SB 1236-New Legislation [Re: GusWayne] #8889716 07/27/23 02:53 AM
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So, if you own land adjacent to….., you can hunt it by any legal means. New law doesn’t apply to you. If you’re anybody else, you’re SOL. You can access and use it, so it must be public. You just don’t have the same rights as someone that owns land adjacent to it? It’s the law, I’ll follow it, but just doesn’t sound right.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: GusWayne] #8889738 07/27/23 03:29 AM
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look at the deeds. The river channel is all that is public, not the land below low water mark.

pretty sure land owners still owns the land to/alongside the channel/riverbed. channel/river bed to high water mark is more of an easement, as its still deeded private


Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
Re: SB 1236-New Legislation [Re: GusWayne] #8889740 07/27/23 03:30 AM
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Is this just for game animals?

Pigs and coyotes count?


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Re: SB 1236-New Legislation [Re: BigPig] #8889748 07/27/23 03:52 AM
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Originally Posted by BigPig
Is this just for game animals?

Pigs and coyotes count?


its weapon's specific not animal specific. Doesnt restrict land owner from doing it though


Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
Re: SB 1236-New Legislation [Re: BOBO the Clown] #8889783 07/27/23 09:52 AM
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Originally Posted by BOBO the Clown
look at the deeds. The river channel is all that is public, not the land below low water mark.

pretty sure land owners still owns the land to/alongside the channel/riverbed. channel/river bed to high water mark is more of an easement, as its still deeded private

The public access is within the gradient boundary. On the Pease it is at least 100 yards wide and in many cases as much as 200 or so. So, the law will work this way: A person owning land "adjacent" to this land can hunt it with a rifle. Anyone else can access it, use it for any legal purpose but has to hunt with a shotgun, shotshell only.

It would be a hard pill for me to swallow if I actually owned land and had to allow the general public to have free usage of my property to do anything legal on it they wanted to. If they truly own it, I see the rub. Unless someone is floating, (as in the Co. law) the state shouldn't be allowing usage of it. I'm always on the side of private land owners, they bought it, it's their land. I always thought the land within the gradient boundary was not privately owned but public. I'm still not sure on ownership, but know I won't hunt the Pease with a rifle, but could hunt the Red on my lease.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: onlysmith&wesson] #8889863 07/27/23 01:26 PM
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Originally Posted by onlysmith&wesson
Originally Posted by BOBO the Clown
look at the deeds. The river channel is all that is public, not the land below low water mark.

pretty sure land owners still owns the land to/alongside the channel/riverbed. channel/river bed to high water mark is more of an easement, as its still deeded private

The public access is within the gradient boundary. On the Pease it is at least 100 yards wide and in many cases as much as 200 or so. So, the law will work this way: A person owning land "adjacent" to this land can hunt it with a rifle. Anyone else can access it, use it for any legal purpose but has to hunt with a shotgun, shotshell only.

It would be a hard pill for me to swallow if I actually owned land and had to allow the general public to have free usage of my property to do anything legal on it they wanted to. If they truly own it, I see the rub. Unless someone is floating, (as in the Co. law) the state shouldn't be allowing usage of it. I'm always on the side of private land owners, they bought it, it's their land. I always thought the land within the gradient boundary was not privately owned but public. I'm still not sure on ownership, but know I won't hunt the Pease with a rifle, but could hunt the Red on my lease.



public access and public ownership are different. High water mark to river bed is more like a public easement on private.

my best friend has mile or two of llano river frontage, its a huge pill for him to swallow. He has more kayaker/camper issues then hunting though


Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
Re: SB 1236-New Legislation [Re: GusWayne] #8889907 07/27/23 02:31 PM
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It is already hard and expensive to hunt in Texas with most of the land being private. To further reduce public hunting acreage is just not a good thing. On the flip side... I have spent a lot of time on the Devils and some on the Pecos rivers. If a land owner tries to be kayaker/camper friendly, his land will be trashed and pooped on big time so I get what is likely the reason behind the law. My GW cousin patrols those areas and a large part of the infractions are dummies trashing pristine wilderness. Why people want to shoot themselves in the foot by disrespecting public land or adjacent land owners property I do not understand. Stupid people doing stupid things long enough are part of the reason for stupid laws we all end up subject to.

Re: SB 1236-New Legislation [Re: BassBuster1] #8889913 07/27/23 02:40 PM
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Originally Posted by BassBuster1
The river bottoms are public up to high water mark on the rivers. I have spent a lot of time on the Devils and Pecos with a GW.


Actually they are 'public' up to the Gradient Boundary.


Depending on terrain and water levels....this varies and could be quite difficult to distinguish (accurately).

Gradient Boundary is located midway between the lower level of the flowing water that just reaches the so-called “cut bank,” and the higher level of the flowing water that just does not overtop the cut bank. The cut bank is located at the outer edge of a stream’s bed, separating the bed from the adjacent upland and confining the waters to a definite channel.

Illustrated:

[Linked Image]
[Linked Image]

So 'trespassing' might be an easy and unintentional thing to do.

With respect to hunting such public property, it also presents a boundary assessment issue as it is illegal to intentionally shoot across a property line and everything above the GBL is private property even though it appears to be river bank.

Your 'high water mark' would be much easier to distinguish.....but alas, is not the law.

Last edited by flintknapper; 07/27/23 02:42 PM.

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Re: SB 1236-New Legislation [Re: BassBuster1] #8889916 07/27/23 02:45 PM
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Originally Posted by BassBuster1
It is already hard and expensive to hunt in Texas with most of the land being private. To further reduce public hunting acreage is just not a good thing. On the flip side... I have spent a lot of time on the Devils and some on the Pecos rivers. If a land owner tries to be kayaker/camper friendly, his land will be trashed and pooped on big time so I get what is likely the reason behind the law. My GW cousin patrols those areas and a large part of the infractions are dummies trashing pristine wilderness. Why people want to shoot themselves in the foot by disrespecting public land or adjacent land owners property I do not understand. Stupid people doing stupid things long enough are part of the reason for stupid laws we all end up subject to.

Well said. On the flip side I mentioned the real world experience of the Panhandle game warden I stay in contact with. I mentioned earlier that in 25 years, and 60 miles of Pease River he covered he wrote two tickets to public river hunters and both were for Hunter Education violations. He reported this to the State during discussions related to the feasibility of law, but they didn't seem to be interested when they didn't get the response they were hoping for. Some panhandle counties tried to somehow not be a part of the new law, it became convoluted so it ended up being written for state wide. Where I publicly hunted, I never saw a problem.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: flintknapper] #8889918 07/27/23 02:49 PM
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Originally Posted by flintknapper
Originally Posted by BassBuster1
The river bottoms are public up to high water mark on the rivers. I have spent a lot of time on the Devils and Pecos with a GW.


Actually they are 'public' up to the Gradient Boundary.


Depending on terrain and water levels....this varies and could be quite difficult to distinguish (accurately).

Gradient Boundary is located midway between the lower level of the flowing water that just reaches the so-called “cut bank,” and the higher level of the flowing water that just does not overtop the cut bank. The cut bank is located at the outer edge of a stream’s bed, separating the bed from the adjacent upland and confining the waters to a definite channel.

Illustrated:

[Linked Image]
[Linked Image]

So 'trespassing' might be an easy and unintentional thing to do.

With respect to hunting such public property, it also presents a boundary assessment issue as it is illegal to intentionally shoot across a property line and everything above the GBL is private property even though it appears to be river bank.

Your 'high water mark' would be much easier to distinguish.....but alas, is not the law.

Bingo, this is exactly what I saw years ago when I did my own research. I wanted to be prepared for someone telling me I was somewhere I didn't belong. Never happened. But, I understood the need to shoot straight. Also, the terrain is flat and the public area very wide. It was like a shooting lane 200 yards wide, several hundred yards long in each direction.

Last edited by onlysmith&wesson; 07/27/23 02:51 PM.

An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: GusWayne] #8889972 07/27/23 04:08 PM
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Re: SB 1236-New Legislation [Re: GusWayne] #8890120 07/27/23 07:10 PM
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I look at as if, I’m on the water I’m on public waters but if I’m on any bank, I’m on someone else’s property that they pay property taxes on. Just my opinion on how I conduct myself.

Re: SB 1236-New Legislation [Re: ntxtrapper] #8890139 07/27/23 07:32 PM
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Originally Posted by ntxtrapper
I look at as if, I’m on the water I’m on public waters but if I’m on any bank, I’m on someone else’s property that they pay property taxes on. Just my opinion on how I conduct myself.


Same for me.

A few exceptions (for me) would be an emergency of some type requiring I go to the bank or a situation where you had to portage around something.


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Re: SB 1236-New Legislation [Re: flintknapper] #8890228 07/27/23 09:25 PM
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Originally Posted by flintknapper
Originally Posted by ntxtrapper
I look at as if, I’m on the water I’m on public waters but if I’m on any bank, I’m on someone else’s property that they pay property taxes on. Just my opinion on how I conduct myself.


Same for me.

A few exceptions (for me) would be an emergency of some type requiring I go to the bank or a situation where you had to portage around something.

The thing about the Pease, you walk it, can't float it to hunt. I've walked 4-5 miles right down the middle of it, mostly on dry ground. 14" rubber boots will get you across anything you'll encounter. But several times per year it comes up, flows wide bank to bank then drains like a bath tub a day or so later leaving a very wide, dry, flat area within the gradient boundary. The areas within the gradient boundary had the appearance of a bank, with high berms covered in grass, bushes and even some trees. Land owners that own land adjacent to this public land get to hunt it with a rifle. The rest of us, SOL.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: onlysmith&wesson] #8890244 07/27/23 09:44 PM
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Originally Posted by onlysmith&wesson
Originally Posted by flintknapper
Originally Posted by ntxtrapper
I look at as if, I’m on the water I’m on public waters but if I’m on any bank, I’m on someone else’s property that they pay property taxes on. Just my opinion on how I conduct myself.


Same for me.

A few exceptions (for me) would be an emergency of some type requiring I go to the bank or a situation where you had to portage around something.

The thing about the Pease, you walk it, can't float it to hunt. I've walked 4-5 miles right down the middle of it, mostly on dry ground. 14" rubber boots will get you across anything you'll encounter. But several times per year it comes up, flows wide bank to bank then drains like a bath tub a day or so later leaving a very wide, dry, flat area within the gradient boundary. The areas within the gradient boundary had the appearance of a bank, with high berms covered in grass, bushes and even some trees. Land owners that own land adjacent to this public land get to hunt it with a rifle. The rest of us, SOL.


Does he pay property taxes on it?

Re: SB 1236-New Legislation [Re: ntxtrapper] #8890273 07/27/23 10:20 PM
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According to the diagrams and definitions of Gradient Boundary, he does not. It would suck if he did have to pay property taxes on land that the general public can use for any legal means. If he owns it, and pays property taxes on it, how can the state tell him he has to allow any person to hunt it with a shotgun, camp on it, walk through it, etc. We're not talking an easement for egress, the public can use it for any legal means. And to add to my earlier post, the rest of us are not totally SOL, just don't get to use a rifle as the adjacent land owner can. The only way to truly know would be to read legal descriptions that have measurements to a point where the boundary is along the river and see where the point falls as it relates to the river.

Last edited by onlysmith&wesson; 07/27/23 10:25 PM.

An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: onlysmith&wesson] #8890592 07/28/23 01:01 PM
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Originally Posted by onlysmith&wesson
According to the diagrams and definitions of Gradient Boundary, he does not. It would suck if he did have to pay property taxes on land that the general public can use for any legal means. If he owns it, and pays property taxes on it, how can the state tell him he has to allow any person to hunt it with a shotgun, camp on it, walk through it, etc. We're not talking an easement for egress, the public can use it for any legal means. And to add to my earlier post, the rest of us are not totally SOL, just don't get to use a rifle as the adjacent land owner can. The only way to truly know would be to read legal descriptions that have measurements to a point where the boundary is along the river and see where the point falls as it relates to the river.


go pull up taxes plat on an area you hunt on the pease. Onx works to a degree due to where they pull their data.

from my research many land owners own stream beds due to a 1929 law known as the Small Bill, the state relinquished to the adjoining landowners certain property rights in the beds, doesnt mean they can stop navigation but some have rights into the stream bed.


Bottom line, never trust a man whose uncle was eaten by cannibals.-Sen Joni Ernst
Re: SB 1236-New Legislation [Re: BOBO the Clown] #8890598 07/28/23 01:13 PM
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Originally Posted by BOBO the Clown
Originally Posted by onlysmith&wesson
According to the diagrams and definitions of Gradient Boundary, he does not. It would suck if he did have to pay property taxes on land that the general public can use for any legal means. If he owns it, and pays property taxes on it, how can the state tell him he has to allow any person to hunt it with a shotgun, camp on it, walk through it, etc. We're not talking an easement for egress, the public can use it for any legal means. And to add to my earlier post, the rest of us are not totally SOL, just don't get to use a rifle as the adjacent land owner can. The only way to truly know would be to read legal descriptions that have measurements to a point where the boundary is along the river and see where the point falls as it relates to the river.


go pull up taxes plat on an area you hunt on the pease. Onx works to a degree due to where they pull their data.

There are US and State Supreme Court decisions that define area within the gradient boundary as public, as shown in the diagram above. If it wasn't public, how did I legally hunt it, and can continue to use it?

I'm done hunting it given the new law. As for pulling up tax plats, I never felt the need to do that since the law was on my side and I could hunt it.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: BOBO the Clown] #8890601 07/28/23 01:15 PM
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Originally Posted by BOBO the Clown
Originally Posted by onlysmith&wesson
According to the diagrams and definitions of Gradient Boundary, he does not. It would suck if he did have to pay property taxes on land that the general public can use for any legal means. If he owns it, and pays property taxes on it, how can the state tell him he has to allow any person to hunt it with a shotgun, camp on it, walk through it, etc. We're not talking an easement for egress, the public can use it for any legal means. And to add to my earlier post, the rest of us are not totally SOL, just don't get to use a rifle as the adjacent land owner can. The only way to truly know would be to read legal descriptions that have measurements to a point where the boundary is along the river and see where the point falls as it relates to the river.


go pull up taxes plat on an area you hunt on the pease. Onx works to a degree due to where they pull their data.

from my research many land owners own stream beds due to a 1929 law known as the Small Bill, the state relinquished to the adjoining landowners certain property rights in the beds, doesnt mean they can stop navigation but some have rights into the stream bed.

There are some stream beds owned, but declared Navigable Waterways are not stream beds.


An unethical shot is one you take, that you know you shouldn't.
Re: SB 1236-New Legislation [Re: onlysmith&wesson] #8890602 07/28/23 01:16 PM
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Originally Posted by onlysmith&wesson
Originally Posted by BOBO the Clown
Originally Posted by onlysmith&wesson
According to the diagrams and definitions of Gradient Boundary, he does not. It would suck if he did have to pay property taxes on land that the general public can use for any legal means. If he owns it, and pays property taxes on it, how can the state tell him he has to allow any person to hunt it with a shotgun, camp on it, walk through it, etc. We're not talking an easement for egress, the public can use it for any legal means. And to add to my earlier post, the rest of us are not totally SOL, just don't get to use a rifle as the adjacent land owner can. The only way to truly know would be to read legal descriptions that have measurements to a point where the boundary is along the river and see where the point falls as it relates to the river.


go pull up taxes plat on an area you hunt on the pease. Onx works to a degree due to where they pull their data.

There are US and State Supreme Court decisions that define area within the gradient boundary as public, as shown in the diagram above. If it wasn't public, how did I legally hunt it, and can continue to use it?

I'm done hunting it given the new law. As for pulling up tax plats, I never felt the need to do that since the law was on my side and I could hunt it.


look what i added. Look up Small Bill of 1929. Interesting history.

SCOTUS refers back to to state for most part. Why every state treats property rights different. CO you can float a river, but if it flows through private you cant step in the stream bed, you cant even anchor.


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