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Message
re: HR 391 (Water Access Rights) Passes 5-3 in committee
Posted on 4/19/18 at 2:30 pm to rsoudelier1
Posted on 4/19/18 at 2:30 pm to rsoudelier1
quote:
Thus, along a navigable stream, even if the landowner’s deed includes the bed, and taxes are being paid on the bed, the public retains its right to use it as a navigable stream.
THIS IS ALREADY WHAT WE HAVE.
Posted on 4/19/18 at 2:43 pm to Motorboat
You're right in that Louisiana uses a map from 1812 to determine navigability and that's where I think we mis-stepped in that we the proponents of HB391 should have asked the legislative body to re-define navigability and put it more in-line with the rest of the country. In Texas under a law dating from 1837, a stream is navigable so far as it retains an average width of 30 feet from its mouth up. The width measured is the distance between the fast (or firmly fixed) land banks. A stream satisfying the 30 foot rule is sometimes referred to as “statutorily navigable” or “navigable by statute.” Under a court decision, the public has rights along a stream navigable by statute just as if the stream were navigable in fact. Texas also tests for Navigability in Fact
Behind all definitions of navigable waters lies the idea of public utility. Waters, which in their natural state are useful to the public for a considerable portion of the year are navigable. Boats are mentioned in the decisions because boats are the usual means by which waters are utilized by the public, and commerce is usually mentioned because carrying produce and merchandise is the usual public demand for such waters. But floating logs has frequently been held to be navigation, and hunting and fishing, and even pleasure boating, have been held to be proper public uses.
Behind all definitions of navigable waters lies the idea of public utility. Waters, which in their natural state are useful to the public for a considerable portion of the year are navigable. Boats are mentioned in the decisions because boats are the usual means by which waters are utilized by the public, and commerce is usually mentioned because carrying produce and merchandise is the usual public demand for such waters. But floating logs has frequently been held to be navigation, and hunting and fishing, and even pleasure boating, have been held to be proper public uses.
Posted on 4/19/18 at 2:45 pm to Motorboat
A hypothetical, and like all hypotheticals, is completely ridiculous. Anyway, say Bill owns land that has hundreds and hundreds of yards of frontage on a Louisiana bayou that was navigable in 1812 and at all other times pertinent herein. Bill plans and digs a huge pond that some would call a lake entirely on his property along the navigable bayou. What are the results, whether you call them legal, desired or otherwise, if Bill:
A: Makes a small cut with culvert from the pond to the bayou that even the smallest of kayaks cannot pass through to fill his pond and allow fish to swim both in an out;
B: Makes a small cut with culvert from his pond to the bayou that only kayaks can pass through to fill his pond and allow fish to swim both in and out;
C: Makes a larger cut with culvert that even a 24' Bay Boat can pass through to fill his pond and allow fish to swim both in and out;
D: Makes a cut with culvert equipped with screen that will allow water through to fill his pond, but no fish whatsoever?
Also, does it matter to you where in Louisiana this bayou and land is located, and if so, why?
A: Makes a small cut with culvert from the pond to the bayou that even the smallest of kayaks cannot pass through to fill his pond and allow fish to swim both in an out;
B: Makes a small cut with culvert from his pond to the bayou that only kayaks can pass through to fill his pond and allow fish to swim both in and out;
C: Makes a larger cut with culvert that even a 24' Bay Boat can pass through to fill his pond and allow fish to swim both in and out;
D: Makes a cut with culvert equipped with screen that will allow water through to fill his pond, but no fish whatsoever?
Also, does it matter to you where in Louisiana this bayou and land is located, and if so, why?
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