Navigable water

I got a call from a fellow surveyor inquiring about my survey. It was my first call of that nature so it was kind of unsettling. The tract is along Buffalo Bayou, and I show the boundary line as along the centerline of the bayou. The nice surveyor reminds me that Buffalo Bayou is a navigable water, and its bed belongs to the City of Houston and Houston Ship Channel through statues.

I talked briefly with my boss about navigable water before, but decided to hold the centerline of bayou as boundary because: 1) the land has deeds / plats go way back that hold the centerline; 2) one of the deeds is from Harris County Flood Control buying easement; 3) the land will be sold back to City so no need to raise eyebrows with the owner.

Nevertheless, I still think this is a good cause to re-visit the gradient boundary, to make sure if I should do more when surveying on tracts along bayous. So I read a little more on the issue, The following bayous are consider navigable in Harris county: Spring Creek, Cedar Bayou, Clear Creek, Buffalo Bayou, Armand Bayou. (https://tpwd.texas.gov/publications/pwdpubs/pwd_rp_t3200_1047/12a_e_tx_seas_restrict.phtml)

I think there should be more, but I don’t see an official list. Of course, there is also the popular test of 30’ width to determined as navigable.

Even though statues grant the bed of navigable water to the City and State, there is also TX CIV ST Art. 5414a, Validating patents on lands lying across or partly across water courses or navigable streams, also known as Small Bill. This bill said if the patent granted 10 year before 1929, then the patentee still can have the title to the bed of the water, but the owner can’t disturbed the rights to navigable stream of the state.

In the case of my tract along Buffalo Bayou, the original patent was granted around 1847. So I think I’m still have a case with holding the centerline of the bayou as boundary line.

I will bring it up with the surveyor tomorrow and see what he thinks.