What ownership rights did Texas maintain over perennial streams prior to 1836?

Prior to 1836, Texas maintained ownership rights over all perennial streams, regardless of whether they were navigable or not. This reflects the legal principle that a government or sovereign entity has rights over water bodies that are capable of sustaining flow throughout the year (perennial) and can impact land use and development. The idea is rooted in the historical context of land and water rights, where the government would assert ownership to ensure the protection, management, and utilization of these vital water resources for the benefit of the public and the economy.

Navigability is typically associated with certain legal rights concerning public access and navigation. However, in the case of perennial streams, Texas's ownership extended beyond just navigable waters to encompass all streams that maintain consistent flow. This approach helps to ensure integrated water management and conservation practices, addressing both human needs and environmental considerations. Understanding this historical framework of ownership is crucial for land surveyors and legal professionals dealing with water rights and land development in Texas.