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Forum on Public Use of Rivers in Upper Nueces Basin (Texas)

Sept. 27, 2000

Reported by: Rick Jones, 4xFanatics, Uvalde, TX

The meeting was almost an ambush against 4-wheelers. With it being held on a Wednesday and not much known about it, we were seriously outnumbered. The forum started at 10:00 am with standing room only. Not as many 4-wheelers showed as I expected, but the ones who did really made a difference and I sure am glad they were there.

The beginning of the meeting started off with the introductions (see list below). Then the floor was turned over to public speakers who had signed up to talk about the issues such as littering, trespassing, species eradication, and poaching. The land owners brought out several photographs of litter and 4-wheelers, all which were taken at the bridge area where the people without 4-wheel drive hangout. I brought this point out and it was noted by the officials. We, as in the 4-wheelers, just happened to have pictures of land owners changing the course of the river and removing rocks with construction equipment, which is illegal without a permit that has to be issued by Texas Parks and Wildlife. Pictures alos showed illegal deer blinds in the riverbed and trash dumped off the bluffs from the land above the river. So the land owners' pictures were taken with a grain of salt and the forum continued.

Several people spoke on both sides of the topics, which was almost exclusively the land owners wanting to close off access to motorized vehicles citing several incidents about dangers that we pose both real and made up. They had to face the fact as stated by the Texas General Land Office and their Professional Land Surveyor. The rivers that we use, the Frio and Nueces are both considered PUBLIC property and navigable rivers according to State Law under what is called the Gradient Boundaries. That means, the KeyBank where the river water breaks when flowing and the water level is averaged. To make the definition more manageable, if you encounter vegetation, you are out of the river. If the water has kept the ground bare of vegetation, then that is riverbed, EVEN IF IT IS NOT UNDER WATER. That did not make the land owners happy. But, is very much to our advantage, especially to hear it from the State Authorities.

So, summed up, this is what I learned, and hopefully the land lwners also:

Texas Natural Resource Conservation Commission (TNRCC) has no responsibility for river access. They are primarily a Environmentally Regulatory Committee and look at discharges into fresh water streams.

Texas Deptartment of Agriculture has no responsibility or regulations for any of our issues. But, they are willing to help if possible.

Texas Parks and Wildlife Department operates the State Park systems and also funds grants for trail system programs such as converting unused railroads to trails. They have full enforcement powers as any Peace Officer for the State of Texas.

Texas General Land Office has responsibility of lands and minerals for school system funds. This task forces them to know boundaries so they can claim mineral rights and grant easements for public lands. They are not a regulatory agency.

Texas Department of Transportation maintains roads and bridges and have no enforcement powers of laws or regulations. They receive all their policies from Austin and no local ordinances change their position.

Nueces River Authority was established by State Legislature a long time ago. It has no authority and is a water and natural resource protector. They are also forming a Board to further address the problems that have been discussed such as trespassing, littering, changing the river beds, and poaching. There is no name for this board yet and it is compoed of About six 4-wheelers along with about 13 land owners. More information will be disseminated as it develops.

This meeting displayed that WE as Citizens of the State of Texas have full right to be in the navigable rivers in the State of Texas. The property of the land owners stops at the gradient boundaries of the river. This is not only important for the rivers in Uvalde, but for rivers all over the State of Texas. I would urge you to become involved in this matter, because it can affect all of us throughout the State. We are losing land all the time, and it's because we are not organized in my opinion. It was not a good feeling to walk into this room full of property owners and all their propaganda. Next time I would and should, now I have put my name on the list with the State Agencies, be better prepared to face these issues.

I want to thank Frank McGinnis for the help at the last minute, and know that the Texas Motorized Trails Coalition will help with these issues in the future. If you have not already signed up to be a member, please do.

In Unity There is Strength!

Participants:
Spelling of names may not be correct
Texas Parks and Wildlife Dept. (Roland McGuire)
TPW River Advisory Board (Steve Salmon)
Texas General Land Office (Ben Thomas, Barbara Dean , etc.)
Texas Department of Transportation (George Lane)
Texas Natural Resource Conservation Commission (Clyde Baulmfaulk )
Department of Agriculture (John Davies)
Future Uvalde, County Sheriff (Terry Crawford)
A couple of County Judges (Bill Mitchell and another guy)
A couple of Attorneys (Pete Neito and another guy)
More Land Owners than we could shake a stick at. (Approx. 75)
About a dozen 4-wheelers from San Antonio (Group of Midnight 4-wheelers) and Pearsall 4x4 and 6 from Uvalde.

Contacts:	Related Links:
Rick Jones Http://fly.to/mycruiser Rickster@Texas4x4.com 830-591-7250 TLCA 7845	Texas 4x4 Club 4x4Wire's Environmental Policy Links from the 4x4Wire Link Index Blue Ribbon Coalition Tread Lightly!