Sec. 76.004. RIPARIAN RIGHTS. (a) The lawful occupant of a grant of land in this state has the exclusive right to use any creek, bayou, lake, or cove included within the metes and bounds of the original grant for the planting or sowing of oysters.
(b) If the creek, bayou, lake, or cove is not included in the original grant, a riparian owner has an exclusive right in the creek, bayou, lake, or cove for the planting and sowing of oysters to the middle of the creek, bayou, lake, or cove or to 100 yards from the shore, whichever distance is shorter.
(c) The right of a riparian owner of land along any bay shore in this state to plant oysters extends 100 yards into the bay from the high-water mark or from where the land survey ceases. The right to a natural oyster bed under this subsection is not exclusive.
Acts 1975, 64th Leg., p. 1405, ch. 545, Sec. 1, eff. Sept. 1, 1975.
Structure Texas Statutes
Title 5 - Wildlife and Plant Conservation
Subtitle D - Crustaceans and Mollusks
Subchapter A. Public and Private Oyster Beds
Section 76.002. Designation of Public and Private Beds
Section 76.003. Beds Subject to Location
Section 76.004. Riparian Rights
Section 76.005. Affidavit of Riparian Rights
Section 76.006. Application for Location; Fee
Section 76.007. Maximum Acreage Under Location
Section 76.008. Lease or Control by Foreign Corporation Prohibited
Section 76.009. Examination and Survey of Location
Section 76.012. Locator's Certificate
Section 76.015. Rights of Locator
Section 76.017. Location Rental Fees
Section 76.018. Location Rental Term; Renewal; Auction
Section 76.019. Procedures for Sale or Transfer of Location Rental
Section 76.020. Oyster Shell Recovery and Replacement Program
Section 76.0205. Sustainability of Oyster Industry
Section 76.021. Oyster Shell Recovery and Replacement Program Account; Fee