Texas Parks and Wildlife Code

§ 76.004 — RIPARIAN RIGHTS

PW § 76.004Title 5. WILDLIFE AND PLANT CONSERVATION · Part D. CRUSTACEANS AND MOLLUSKS · Ch. 76. OYSTERS · Art. A. PUBLIC AND PRIVATE OYSTER BEDS

Statute text

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(a)The lawful occupant of a grant of land in this state has the exclusive right to use any creek, bayou, lake, or cove included within the metes and bounds of the original grant for the planting or sowing of oysters.

(b)If the creek, bayou, lake, or cove is not included in the original grant, a riparian owner has an exclusive right in the creek, bayou, lake, or cove for the planting and sowing of oysters to the middle of the creek, bayou, lake, or cove or to 100 yards from the shore, whichever distance is shorter.

(c)The right of a riparian owner of land along any bay shore in this state to plant oysters extends 100 yards into the bay from the high-water mark or from where the land survey ceases. The right to a natural oyster bed under this subsection is not exclusive.

Legislative history

Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.