If a perennial streambed is within a grant prior to 1837, who retains title to the streambed?

In the context of land grants and navigable waters in Texas, if a perennial streambed exists within a grant made prior to 1837, the title to the streambed typically belongs to the sovereign, meaning the state. This is rooted in the legal principle that navigable waters are considered public property, within the state's ownership.

Perennial streams, which flow continuously throughout the year, are classified as navigable waters, thereby placing them under state jurisdiction. When grants were issued before the designation of certain properties as navigable, the state still maintains rights to the streambeds of these navigable waters regardless of the underlying land grants. This means that even if someone holds a grant for land adjacent to the stream, they do not have ownership of the streambed itself, which remains in the hands of the state as the sovereign authority.

In this context, the local government and adjacent landowners may have certain rights or responsibilities related to the use of the stream or any riparian rights, but they do not hold title over the streambed itself. The grant holder also does not retain title to the streambed if it was determined to be navigable. This understanding aligns with Texas's legal framework regarding land and water rights, emphasizing the sovereign's ownership