May a boater on a navigable stream lawfully go onto private land to check out or portage around an obstruction or hazard?
Navigable streams will sometimes have obstructions or hazards such as dams or log jams. For safety’s sake, a boater must get out and scout to see if there is a safe route through. And sometimes it is necessary to portage the hazard or obstruction – carry the boat and gear around it on a reasonable, safe route.24 Navigation of the state’s inland and coastal waters is one of several “public rights and duties” declared by the Texas Constitution.25 A right of portage has been recognized as a necessary part of the right of navigation in some other states, but there is no clear authority in Texas.
