Texas Surveyors Practice Exam

How are navigable waters defined according to MOTL v. Boyd?

1. By the presence of fish

2. By average width of 30 feet

3. By state ownership of the water

4. By periodic flooding

The correct answer is: By average width of 30 feet

In the case of MOTL v. Boyd, navigable waters are defined specifically by their average width, which is determined to be 30 feet. This definition is significant because it establishes a clear standard for what constitutes navigability in legal terms. The rationale behind this definition is rooted in the need to balance both public access and use of waterways with private property rights. It underscores that waters wide enough to support navigation by vessels are deemed navigable and therefore are subject to public easement and regulation. This definition helps delineate the extent of state jurisdiction and property rights concerning bodies of water. It provides a measurable criterion, enabling surveyors and regulators to assess and classify bodies of water systematically. The average width of 30 feet serves as a threshold that assists in determining not only state ownership but also the legal rights of individuals and the public regarding access to these bodies of water.