Texas Attorney General Opinion: S-208 Page: 1 of 6
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AUSTIN 11, TaX~A s
IJOHN BEN SIEPPEM
July 11, 1956
Honorable Dawson Bryant
Opinion No, 8-208
Re: Right of member of the general
public to walk, for fishing
purposes, in a river bed, title
to which has been relinquished
under the Small Bill (Art. 5414a,
Dear Mr. Bryant:
Your letter states the following facts:
"The Salt Fork of the Brazos River in
Kent County is a navigable stream, as that
word is defined in Art. 5302, RCS,although
it is non-navigable in fact. The Salt Fork
is not a dry stream but flows a small stream
of water during the driest months of the year.
Practically all the original survey lines of
the Patents and Awards either cross or partly
cross the bed of such river afid therefore
would come under the provisions of the 'Small
Act,' Article 5414a, RCS. There are several
large ranches in Kent County that are crossed
by the Salt Fork of the Brazos River. The
owners of such ranches have their ranches
enclosed with substantial fences and are using
the river bed and the land lying on both sides
thereof for the purposes of raising cattle.
The owners maintain water gaps across the
river bed at the places that the river enters
and exitS from their particular ranch."
You ask the following question;
"Can the general public enter such en-
closed lands and walk down the bed of the
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Texas. Attorney-General's Office. Texas Attorney General Opinion: S-208, text, July 11, 1956; (https://texashistory.unt.edu/ark:/67531/metapth266593/m1/1/: accessed October 25, 2020), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.