rsoudelier1

Power Pole Blade just arrived, still kind of hard to believe they honored both those codes. Saved $560 Much Thanks to NOLAGT

Another law that Texas has that would need to be mirrored here is what is known as the Small Bill introduced in 1929 it states: The state in some situations has relinquished to the adjoining landowner certain property rights in the bed of a navigable stream. However,the public may still use these navigable streams.The law’s major effect was to give some adjoining landowners the royalties from oil and gas under the stream bed. Significantly, the Small Bill declared that it did not impair the rights of the general public and the State in the waters of streams. 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.

How did you decipher that from my post?

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.

Well maybe just maybe we could take a page from our neighbors to the west and pass a bill similar to the 1929 law popularly known as the “Small Bill, the law’s major effect was to give some adjoining landowners the royalties from oil and gas under the stream bed. Significantly, the Small Bill declared that it did not impair the rights of the general public and the State in the waters of streams. 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.

Hope springs eternal

Maybe just look at how Mississippi, Texas and Alabama handle their water access and model a law off their laws. I don't believe the taxpayers in those states pay the water bottom owners any money to access the public water over their water bottoms. That may be too simplistic of an approach for us and God only knows our legislators can't even balance a budget unless its during a special session and a proverbial gun is to their heads.

Wow that is crazy, I wonder why the rep was trying to cancel your order? When I chatted both time I put in the subject line " I need an expected ship date". Hopefully that rep did not mess up the original order. Did you by chance keep a copy of the original order and order number? If so maybe they will honor the original order if by chance the rep messed it up. Good luck as these types of deals don't happen often

My order went through with both codes, confirmation with fedex tracking now in transit and deliver tomorrow. Also my credit card charge was paid, initially it just showed pending. It seems that those of us who ordered early on Monday they honored those orders with both codes. I can't believe I got $560 off a Power Pole Blade.

After watching the link you provided it appears that a few guys in a mud boat destroyed some land to gain access to something, if that is state land I would guess a law was broke in the destruction of the property. The land should be repaired back to original condition as to not allow any water to enter the ditch.

I do like the compromise you suggest