The Foundation: Navigable Waters in Texas

The cornerstone of river access law in Texas is the doctrine of navigability. Under Texas law, a river may be considered “navigable” in one of two ways:

• Navigable in fact: Capable of being used for trade or travel in its ordinary state
• Navigable by statute: Defined under Texas law as averaging 30 feet or more in width from bank to bank

This principle dates back to Spanish and Mexican land grants and is reinforced by Texas Natural Resources Code §11.021, which declares navigable streams to be property of the State of Texas held in trust for the public.

So Who Owns the Riverbed?

If a river is legally navigable, the riverbed up to the ordinary high water mark is owned by the state. The public has the right to access and use the waterway—even if both banks are privately owned.

This principle was upheld in State v. Grubstake, where the court confirmed the public’s right to access navigable streams regardless of adjacent land ownership. Similarly, Lone Star Steel Co. v. Scott affirmed that state ownership applies to navigable riverbeds, regardless of conflicting deed language.

The problem lies in determining the ordinary high water mark. It’s not always visually obvious and may require expert surveys or historical analysis to establish accurately.

Accessing Public Rivers Surrounded by Private Land

Even if a river is public, the public cannot legally cross private property to get to it without permission. Access must be through a public easement, right-of-way, or formal access point like a bridge or park entrance.

This means that  someone floating down the river is fine, but someone crossing private land to get to that same river is likely trespassing.

Case Study: The South Llano River

The South Llano River near Junction is a perfect case study. Its waters are popular among kayakers and fishers, yet much of the land bordering the river is privately held. Some ranchers have posted signs warning visitors to keep out—even as state park users legally float downstream. Texas Parks and Wildlife Department (TPWD) provides river access in some places, but disputes over sandbars and temporary stops continue.

Stakeholders and Their Positions

• Private Landowners: Value privacy, control, and protection against liability. Often assume riverbeds adjacent to their property are private.
• Public Users: Believe that navigable rivers should be open for fishing, kayaking, and wading—regardless of surrounding land ownership.
• Texas Parks & Wildlife Department (TPWD): Supports responsible public access and conservation; often establishes official entry points.
• Texas General Land Office (GLO): Maintains title to submerged state lands and protects public rights under the public trust doctrine.
• Local Law Enforcement: Caught between competing claims. Often must interpret vague boundaries and conflicting signs.

How People Legally Enter a River

Most legal river access comes via public road crossings. If a public road crosses a navigable stream, the public may use the right-of-way and easement for access, unless signage or gates indicate otherwise. Still, disputes arise even at bridges and culverts, and not all signage is accurate.

Legal Gray Areas and Enforcement Gaps

Texas has no definitive statewide map of navigable streams, and property lines are not always accurate or visible. Enforcement varies by county, and many users and landowners rely on assumptions or hearsay. Meanwhile, conflicting deed language adds to confusion—especially when property records suggest ownership “to the center of the stream.”

In practice, it’s often up to courts to decide whether a waterway is legally navigable and how far the public’s rights extend.

Key Takeaways for Texas Landowners

• Landowners generally do not own the riverbed of a navigable stream.
• Public rights exist up to the ordinary high water mark, but not beyond it.
• Accessing a river across private land without permission may still constitute trespassing—even if the river is public.
• Legal disputes may hinge on navigability determinations, which are technical and often disputed.
• Clear, lawful signage and accurate boundary identification help reduce conflict.

Conclusion: Shared Resources, Shared Responsibility

Rivers are vital public resources in Texas, protected under both common law and statute. But landowners also have valid concerns about trespass, safety, and liability. Striking a fair balance means understanding the law, respecting boundaries, and working within established access rights.

If you’re a Texas landowner, paddler, angler, or conservationist and have questions about water access, real estate boundaries, or riparian rights, these issues deserve careful legal analysis. And when public waters meet private property, clarity—not confrontation—should be the goal

About the Author
Trey Wilson is a seasoned real estate and water law attorney based in San Antonio, Texas. With over 25 years of experience representing landowners, businesses, and water utilities. Trey brings deep insight into the legal complexities of Texas property rights, groundwater law, easements, and boundary disputes. He is passionate about helping Texans understand and protect their land and water. When he’s not in the courtroom, you’ll likely find him exploring rivers, native plant trails, or the geology of Texas.