Where does the title to the bed of a perennial stream remain when it crosses a Mexican grant?

The title to the bed of a perennial stream that crosses a Mexican grant remains with the state because, according to Texas law and historical precedents regarding water rights, rivers and streams are considered navigable waters and therefore are held in trust for public use. In Texas, this principle asserts that the bed of the stream is owned by the state, even when the stream flows through or across private lands, including parcels that were granted under Mexican land grants.

This principle is based on the idea that waterways are essential to the public and their use should not be restricted solely to private entities. As such, the ownership of the streambed is retained by the state, allowing for public access and the reasonable use of the waterway for navigation, recreation, and other public benefits. This reflects a broader legal framework surrounding surface waters in Texas, which prioritizes public rights over private interests in such cases.