According to Texas law, what is the definition of a navigable stream?

The definition of a navigable stream according to Texas law is articulated as a stream that retains an average width of 30 feet from the mouth up. This definition is significant because it emphasizes the physical characteristics of the waterway that contribute to its navigability, which is essential for transportation, commerce, and public use.

In Texas, navigable streams are generally considered public rights-of-way, meaning that the public has the right to traverse them for various purposes, including recreation. Recognizing the average width condition helps to delineate which bodies of water fall under public navigation laws, ensuring a clear understanding of the regulations governing use of these water bodies. This legal framework supports the preservation of access to waterways for public benefit while maintaining the property rights of adjacent landowners.

The other choices do not appropriately capture the legal definition set forth in Texas law. For instance, simply being 50 feet wide does not alone make a stream navigable, nor does a designation of recreational use restrict its definition. Additionally, a body of water that is never used as a highway contradicts the very essence of what defines navigation, as navigable streams are recognized for their potential to serve as transportation routes. Thus, the focus on average width at 30 feet effectively marks the distinction