From Texastribune · · 50s
Texas AG backs public access to East Texas waterway
Texas Attorney General sides with locals in fight over historic waterway access.
In brief
Texas Attorney General sides with locals in fight over historic waterway access. Texas Attorney General's office says Creslenn Lake is a public waterway, supporting residents' legal challenge against rancher Phillip Surls who fenced off the area. Originally reported by Texastribune.
Texas AG opinion
Texas Attorney General's office says Creslenn Lake is a public waterway.
“The trial court ignored the historic use of creslenn lake and erred in its conclusion that neither the cutoff nor the old cedar creek are navigable”
Waterway dispute
Rancher Phillip Surls fenced off single boat ramp in 2022.
“When the land surrounding it was sold to wealthy businessman philip surls, he fenced off the single remaining boat ramp”
Legal battle
Residents lost court cases but push for public access since 2022.
“Save the cutoff has lost nearly every court battle for the cutoff, but has continued to push for its return to public use as it was prior to 2022”
Opposition stance
Surls' lawyer says waterway is not public and law is outdated.
“There's no evidence in the record at all, up, down and sideways of impounding a navigable stream”
Court decision
12th Court of Appeals will rule on public access in days or months.
“The court will read through all the filings and issue an opinion”
At a glance
Texas Attorney General's office says Creslenn Lake is a public waterway, supporting residents' legal challenge against rancher Phillip Surls who fenced off the area.
