Laserfiche WebLink
<br />o <br /> <br />r-' <br /> <br />~ <br />w <br />~ <br />w <br /> <br />'o'atera Owned by State <br /> <br />The State of Texaa ia the owner of the "watere of the ordinary <br />flow and underflow and tidee of every flowing river or natural etream, <br />or all lakea, . . . and the storm, flood or rain waters of every river <br />or natural etream, canyon, ravine, deprsseion or waterehed" wi~~in the <br />boundariee of the State. Art. 7467, v, C, S.; Goldemith & Powell v. <br />State, 159 S.'o'. 2d 534 (Tex. Civ. App. 1942, error ref.). Likewiee, the <br />State owne the bede and bottoms of all public rivere, etreams, and lakes <br />within the State. Art. 4026, V. C. S. <br /> <br />Upon i te admieeion to the Union, Texae retained "all of the <br />vacant and unappropriated lande lying within ite limite." Joint Reeo- <br />lution for Annexing Texae, 5 Stat. 797. Thue, "the etate'e title to <br />land ie derived euccessively from the Kingdom of Spain, Rspublic of <br />Mexico (Coahuilla, Texae, Tamaulipae), and the Republic of Texas." <br />Hawkins, Title to River Bade in Texss and Their Boundaries, 7 Tex. L. <br />Reb. 493 (1929). This retention of "vacant and unappropriated lands" <br />included "the so11 of the beds of eu'eame aa well ae the public dOlllllin," <br />1d. at 494. The difference betvsen the source of title to and the <br />ownership of the soil of river beda in Texas and that of the original <br />thirtesn statee of the Union, as well as that of the other thirty-four <br />states, is pointed out by Mr. Hawkins as follows: <br /> <br />"In the original thirteen states the theory ie <br />that 'upon the Anerican Revolution all the proprietary <br />rights of ths Crown nnd Parliament in all their dominion <br />over lands under tide waters vested in the several <br />states eubject to the powere surrendered to the netional <br />government by the Conetitution of the United States, ' <br />while ae to the remaining etates it ie said, 'the United <br />Statee early adopted and constantly adhered to the policy <br />of regarding lande under navigable watere in acquir~d <br />territory (except, of couree, Texae) while under ita <br />eole dominion as held fer the ultilllllte benefit of future <br />statee, and so hae refrained from lIIiking any dispoaal <br />thereof eeve in exceptional inetancee when impelled to <br />particular diepoeala by soma international duty or public <br />emergency.' Hence, to preeerve the equali~ of the states <br />in the Union, title to the beds of navigable streams <br />paeeed to theee etatee erected out of acquired territory <br />when they were admitted to the Union. Ae stated, the <br />State of Texas UpO:l its admission to the Union reserved <br />the ti tle to the so11 of the bede of streams as well as <br />the public domain, and i ts eovereign~ ws vindicated <br />ae againet other natione in the war of 1846 and its <br />boundariee eettled by subsequent treatiee, agreemente <br />snd litigation," (, Tex. L. Rev. 493-94) <br /> <br />. <br /> <br />, <br /> <br />A-lO <br />