If water of navigable streams is impounded behind a dam, what is the public's right?

Prepare for the Texas State Specific Exam (TSSE) for Land Surveying. Utilize flashcards and multiple choice questions with explanations. Ace your test!

The correct answer highlights the legal framework governing navigable water bodies and their associated land rights. When a dam impounds water behind it, the area that is flooded becomes private property as it is no longer considered part of the navigable stream. Thus, while the public retains the right to fish in the navigable waters, they do not gain access rights to the land that is now submerged or altered by the dam. This scenario reflects a balance between public interests in navigation and fishing versus private property rights which restrict access to the land that is adjacent to the altered hydrology.

In this context, while the public can enjoy fishing rights in the navigable stream, the imposition of a dam transforms surrounding lands into private property. Therefore, individuals do not have the right to freely access this land, which aligns with the notion that access rights do not extend beyond what is legally considered navigable water. This reinforces the legal boundaries that protect private landowners while still allowing for certain public uses of water bodies.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy