I knew I should have paid attention in those real property classes in law school. I have a question that I haven't had much luck in researching. A local resident owns 90-95% of a 20-30 acre lake. he owns shoreline and the lake except a shallow end of one lake that is owned by 2 or 3 people. those people are using the the whole lake and allowing the public acess. the boundaries are easily discernable. There is one 70 year old case that seems to say that the property owner cannot prohibit access. I have a limited library but haven't found anything to the contrary. Is this the LAW? I beleive this case will be a criminal case if it does not work out. Someone is going to get shot. I am hesitate to file criminal trespass with that case and other problems

I too have only a fuzzy recollection of water ownership, I'm thinking you could look at where the property lines were before the lake was built, but that's only a guess. You might want to post this one on the CIVIL discussion board. As a practical matter, shame on the landowner who puts a big investment into 90% of ANY real estate then expects to have all the sticks.

Thanks since posting I found another old case that says the opposite. It seems that this ought to be a more common situation than i am finding in the case law

I too have had a similar question and trying to find an answer drove me batty. Water law in Texas is difficult for me to get a grip on. One thing that kept sticking in my mind was the provision in the water code that says all water that collects from runoff etc. is considered State water. My policy has been it is state water but you cannot tresspass to get to it. However, I came across an article within the last month or two that disagreed with my reasoning as it related to "private" water. I do not recall whether it was in the bar journal or prosecutor or where. If memory serves, it specifically answered your question. I will try and find the article and get back to you.
Scurry County Attorney
Michael Hartman