TexasCHLforum.com

The Texas Legislature is well know for getting it wrong. Navigation of moving water is a federal right, and relates to the Commerce Clause of the U.S. Constitution.

"In 1874 the U.S. Supreme Court held that the Fox River is a public river, explaining that rivers are public even if they have "rapids and sand-bars" and other "natural barriers" or "obstructions" to boating."
http://www.nationalrivers.org/states/co ... rights.htm

I believe you will find federal law trumps state law where it concerns navigable running waterways. although some legal ground remains to be covered for full precedent.

Under federal law, a water body is navigable if a wooden shingle will float. That standard was established about 1887. The are no such things as private rivers and creeks in the U.S. As far as that kid goes, he'd better not pop out of the water with an assault rifle on a real Navy Seal who happens to be fishing on his Grandpa's "private" creek. He'll have real knife stuck in his neck pronto. Stupid is as stupid does, whatever that means.