Gr[^i_nt Boun^[ry. Objectives. When should you perform a gradient survey. Who should perform the gradient survey.
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1 Gr[^i_nt Boun^[ry 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.
2 Gr[^i_nt Boun^[ry 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
3 WHY DO WE NEED TO PERFORM A GRADIENT BOUNDARY?
4 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
5 Stiles FN sketch of Qualified Bank 5
6 Stiles FN sketch of Qualified Bank 6
7 Stiles FN sketch of non-qualified Bank 7
8 Qualified Bank 8
9 Not a Qualified Bank 9
10 Finding the Key point 10
11 Shooting the toe of Bank/Bed 11
12 Shooting edge/surface of water 12
13 Shooting the Key Point 13
14 Shooting the top of Key Bank 14
15 Bill O Hara explaining height difference 15
16 Not good place to look for a Gradient
17 Man-made erosion control along river
18 The Dry Statutory Navigable Guadalupe
19 Can you preform a gradient on this river?
20 Taken from TSPS Chapter 13, Gradient Boundary Seminar Presented by Bill O Hara and George Sanders, FN s by: Travis Tabor. 20
21 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
22 Ownership of Beds of Navigable Streams 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 navigablewatersareheldintrustbythestatefortheuseand benefit of all the people. Selmanv.Wolfe,27Tex.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 thewaters and bottoms and the taking of the products of the bottoms and waters."). 22
23 Perennial Streams Under Civil Law (Grants Prior to 1837): 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 necessarilyafactor,noristhewidthoftheactualstreamofwater. A torrential(non-perennial) stream belongs to the riparian owners to thethreadorcenterofthestreamortheextentofthegrant. There have been three principal cases dealing with title to stream bedswithinoralonggrantsmadepriortothisdate. StatevGrubstake,117Tex.53,63,297SW202,206(1927) HeardvTownofRefugio,129Tex.349,103SW2d728(1937) McCurdy v Morgan, 265 S.W.2d 269(Tex. Civ. App. 1954, error ref'd) 23
24 Perennial Streams Under Civil Law (Grants Prior to 1837): The rules relating to grants in Texas prior to 1837 can be summarized as follows: oifthebedofthestreamiswithinthegrantandthestreamis 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, KennethRoberts,1958,7 th,tsashortcourse. 24
25 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
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