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Libby Cluett PALO PINTO COUNTY – What sits along the southwestern edge of the Brazos at Oaks Crossing almost resembles a Stonehenge or Avebury, two of England’s notable prehistoric stone circles.
But this stone semicircle of 81 boulders is new, put in place with heavy equipment to prevent motorized vehicles from passing through private property near this intersection of the Brazos River where Oaks Crossing Road, from the east, and Pleasant Valley Road, from the west, meet the river.
According to a resident, a river user and an official, the ambitious task of moving these stones occurred in September and was the work of one relatively new Brazos River property owner.
El Pruitt, whose property the stones protect, said he’s never met the man and doesn’t even know his name, but he received a phone call asking if his neighbor across the river could block Pruitt’s property with boulders so motorists would no longer be able to drive down, cross the river and access his property.
His reply, “I would love for you to come from my fence line to the edge of the river” with the boulders.
Past and recent problems
Along the western shore of the river is an area of sand and alluvium – soil, rocks and sediment – where four-wheelers and trucks frequently drive (or previously drove) and have been doing so for decades.
Area Texas Parks and Wildlife Department Ranger David Modgling said over the years people have been driving on the private land, crossing the river illegally, and leaving behind trash.
Pruitt said they have had problems in the past, including illegal hunting along the river and those seeking an outlet for their four-wheeling and all-terrain vehicles.
“It’s been a problem for years,” he added, citing beer cans to building a deer stand on his land and shooting deer over his fence.
“[People have] stolen a boat and chainsaws from [a neighboring] property. I lost a cow and calf that were shot. My dad had the same problem and granddad had the same problem,” he added.
“This summer got so bad we hauled in deep sand,” said Pruitt’s wife, which she said seemed to encourage the ATV vehicular traffic.
This summer’s holidays were especially trashy and raucous, Pruitt said. He said he picked up the equivalent of three pickup-trucks full of trash – fireworks, broken bottles and even an old camper bed – cleaning off his land the day after the Fourth of July.
“It’s so aggravating to think they could care less. All I want to do is keep people off my property and keep them from driving up and down the river, which is illegal,” Pruitt said. He added he doesn’t mind people who are canoeing, hiking and camping and related activities.
Modgling said he was busy enforcing the law in that section of the river this summer, issuing tickets for, “lots of littering and driving in the riverbed and trespassing.”
The property owner on the east side of the river, identified as Chris Simons, “was having problems with people driving down the river on El Pruitt’s side, leaving trash on his land and the islands and crossing illegally onto Simon’s property,” he added.
In about mid-September, Modgling said Simons arranged to move the boulders – all 81 of them – onto Pruitt’s riverfront property with just enough distance for walking, but not for four-wheeled all-terrain vehicles or trucks.
“The only way I was involved with [moving the boulders] was telling them where they could and couldn’t put the rocks,” said Modgling.
Pruitt said he welcomed the boulders. “I am appreciative without a doubt.”
The law
At least one river-user called questioning how someone can block access along the river’s edge for those in trucks wanting to drive down and fish. So what is the law on using rivers and banks today?
Senate Bill 155, effective in 2004, clarified this by prohibiting motorized vehicles from driving in navigable rivers.
Modgling said that motorized vehicles can “cross straight across” the Brazos River at Oaks Crossing, from road to road, but said any other driving in the river is illegal.
The other question is where is the distinction between public access and private land along a river?
According to TPWD Division Attorney Boyd Kennedy, people often debate where the division between the “property line” and state-owned land is. “These kinds of issues go on statewide,” he said.
Public use areas along a Texas river are determined by the “gradient boundary,” a surveying term, according to Kennedy. He added that when a distinct bank is present, it’s easy to tell what is private property and public use.
In areas where the bank is lower, the rule of thumb for a river’s gradient boundary is the area “kept clear of vegetation by the flowing river,” said Kennedy. “Between the gradient boundary, you can do pretty much whatever is legal.”
“The best way to identify this is to look at the mean vegetation line,” said Modgling. “The line where vegetation starts to grow along the river is where public property ends.”
Modgling said he referred to General Land Office maps of the area to help determine where residents could and could not place the rocks. He said the area was surveyed about 12-13 years ago “to determine what was public.”
A related matter
The boulders put an end to driving along Pruitt’s land; going around isn’t a legal option since driving in the river is illegal. But SB 155 had another provision related to this issue.
In his article “Driven to Act: Senate Bill 155 Lightens Traffic on Texas Riverbeds,” TPWD Attorney Bob Sweeney concludes, “Although motor vehicle recreation enthusiasts lost access to most riverbeds due to Senate Bill 155, the Legislature acknowledged their plight and took steps to provide outlets for their chosen activity. Section 90.009 of the Texas Parks and Wildlife Code requires the TPWD to establish a program to identify and facilitate the development of motor vehicle recreation sites outside of protected freshwater areas, and to report to the Legislature regarding these recreation sites.”
The question – where are these places? -- Source: http://www.mineralwellsindex.com/homepage/local_story_285091841.html |
