In a significant development regarding public access to a historic waterway in East Texas, the Texas Attorney General’s office has taken a stance in favor of local residents against a wealthy rancher and businessman who fenced off the area. The Attorney General’s office has called for judicial clarification on the status of Creslenn Lake, asserting that it should be recognized as a public waterway.
This opinion was issued just prior to oral arguments at the 12th Court of Appeals, marking the first time the agency has publicly addressed this ongoing dispute, which dates back to 2022. This declaration could strengthen the locals’ legal efforts following a previous ruling that deemed the waterway non-navigable, thereby restricting public access.
The Attorney General’s office criticized the trial court’s earlier decision, stating, “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.”
During Tuesday’s court proceedings, attorneys representing both sides provided their perspectives on the Attorney General’s opinion while defending their respective positions regarding public access. The court will now review the submitted documents before issuing a ruling, a process that may take anywhere from a few days to several months or even years.
The Cutoff refers to a segment of the Trinity River in Henderson County, which was separated from the main river to facilitate shipping routes from the Gulf to Dallas. For over a century, residents of southern Henderson County have enjoyed fishing and camping along its banks.
However, after the surrounding land was acquired by businessman Phillip Surls, access was restricted when he fenced off the last remaining boat ramp. Critics argue that allowing Surls to block access without repercussions could set a troubling precedent, paving the way for other affluent landowners to claim Texas’ public waterways.
Surls’ legal representation contends that he is justified in restricting access, citing that the waterway does not qualify as public. Eric Allmon, an attorney for the nonprofit Save the Cutoff, which advocates for the community’s access to the Cutoff, expressed support for the Attorney General’s stance. Despite facing numerous legal defeats, Save the Cutoff continues to advocate for the waterway’s restoration to public use as it existed prior to 2022. Allmon believes that the Attorney General’s opinion could provide the necessary leverage to overturn previous rulings.
“Allmon stated, “They only strengthen what we feel like was already a compelling case that the waters at issue should be considered navigable.”
Conversely, Blake L. Beckham, representing Surls’ company Iron River Ranch II LLC, disagrees with the Attorney General’s interpretation. He claims that the arguments presented are not applicable to this specific situation and rely on legislation that has since been repealed. Additionally, Beckham asserts that Creslenn Lake’s water is not connected to the Trinity River or any other navigable waterway, stating, “There’s no evidence in the record at all, up, down and sideways of impounding a navigable stream.”
