Objectives

� When should you perform a gradient survey.

� Who should perform the gradient survey.

� Methods of establishing gradient survey-field procedures.

� Background and law pertaining to Gradient Surveys.

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The Gradient Boundary is a gradient of the flowing water in the

river, located midway between the lower level of the flowing water

that just reaches the cut bank and the higher level of it that just

does not overtop the cut bank.

Elements Necessary To Determine The Gradient Boundary

oQualified bank

oKey point

oBack drain

oToe of slope

oWater surface

oMeasurements

oRiver gauges

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WHY DO WE NEED TO PERFORM A

GRADIENT BOUNDARY?

FLUVIAL GEOMORPHOLOGY

Is the study of the form and function of streams and the interaction between

streams and the landscape around them. ‘Fluvial’ refers to the processes

associated with running waters, ‘geo’ refers to earth and ‘morphology’ refers

to channel shape.

Geomorphology

the branch of geology that is concerned with the structure, origin,

and development of the topographical features of the earth's surface

5Stiles FN sketch of Qualified Bank

6Stiles FN sketch of Qualified Bank

7Stiles FN sketch of non-Qualified Bank

8Qualified Bank

9Not a Qualified Bank

10Finding the Key point

11Shooting the toe of Bank/Bed

12Shooting edge/surface of water

13Shooting the Key Point

14Shooting the top of Key Bank

15Bill O’Hara explaining height difference

Not good place to look for a Gradient

Man-made erosion control along river

The Dry “Statutory Navigable” Guadalupe

Can you preform a gradient on this river?

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Taken from TSPS Chapter 13, Gradient Boundary Seminar 11-12-2016.

Presented by Bill O’Hara and George Sanders, FN’s by: Travis Tabor.

Gradient Boundary Law

Know the History- Civil Law Grants, Common Law Grants

Navigable Stream per State of Texas

In Fact- Can support Commerce

By Law- meets 30 foot rule

Case Law- Ok v. Texas, Motl et al, Manry v. Robinson,

Diversion Lake Club V. Heath, Brainard v. State etc.

Statutory Law- Small Bill, Art 5414a, Art. 7467a etc.

Definitions- Bed, vegetation, upland grasses, bank, thread,

Thalweg, Accretion by Avulsion, Alluvion, reliction,

accretion by reliction, erosion, avulsion, floodplain, head of

tide, tidewaters

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Navigable waters are reserved for public use. The Texas

Supreme Court has stated that "from its earliest history this

state has announced its public policy that lands underlying

navigable waters are held in trust by the state for the use and

benefit of all the people.

Selman v. Wolfe, 27 Tex. 68, 71 (1863);

State v. Bradford, 50 S.W.2d 1065, 1070 (Tex. 1932);

Texas Parks & Wildlife Code§ 1.0ll(c) (West 2011) (" All the

beds and bottoms and the products of the beds and bottoms

of the public rivers, bayous, lagoons, creeks, lakes, bays, and

inlets in this state ... are the property of this state. The state

may permit the use of the waters and bottoms and the taking

of the products of the bottoms and waters.").

Ownership of Beds of

Navigable Streams

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A perennial stream flows most of the year and the fact that the

stream may be dry during certain times of the year is not

necessarily a factor, nor is the width of the actual stream of water.

A torrential (non-perennial) stream belongs to the riparian owners to

the thread or center of the stream or the extent of the grant.

There have been three principal cases dealing with title to stream

beds within or along grants made prior to this date.

State v Grubstake, 117 Tex. 53, 63, 297 SW 202, 206 (1927)

Heard v Town of Refugio, 129 Tex. 349, 103 SW2d 728 (1937)

McCurdy v Morgan, 265 S.W.2d 269 (Tex. Civ. App. 1954, error ref'd)

Perennial Streams Under Civil

Law (Grants Prior to 1837):

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The rules relating to grants in Texas prior to 1837 can be

summarized as follows:

oIf the bed of the stream is within the grant and the stream is

perennial, title to the stream bed was retained by the

sovereign.

oIf the stream bed is within the grant and the stream is not

perennial, title to the stream bed passed within the grant.

oIf the Mexican or Spanish grant borders on the stream bed

and the stream is perennial, title to the stream bed was

retained by the sovereign.

Quoted from: Title and Boundary Problems Relating to Riverbeds,

Kenneth Roberts, 1958, 7th, TSA Short Course.

Perennial Streams Under Civil

Law (Grants Prior to 1837):

References

Farnham on Waters- The Lawyers Cooperative Publshing

Company, 1904

James A Simpson- “River and Lake Boundaries”

Arthur A. Stiles “The Gradient Boundary” published in the Texas

Law Review, 1952

Kenneth G. Gold “Decisions”