The battle to Save the Cutoff continues with new developments in the court case that BHA formally weighed in on earlier in the year – view the amicus curiae we submitted alongside the Texas Rivers & Parks Association in support of public access to the Cutoff. This suit, referred to as “the road case,” had a court hearing on July 17, 2024, where the judge decided to hold off on moving forward until “the navigability case” is resolved. The court is concerned about the possibility of reaching inconsistent or contradictory outcomes if the road case is decided before the issue of navigability is resolved therefore the navigability case will now move forward in court.

For a refresher on the issue-at-large, be sure to check out the article that BHA CEO Patrick Berry wrote for The Access Frontlines in the Summer edition of the Backcountry Journal, or the recent episode of BHA’s Podcast & Blast with Hal Herring, and members of Save the Cutoff.

In “the navigability case,” the landowner is still pushing for a jurisdictional change that the water body can be non-navigable, contradictory to extensive documentation, surveys, tax records and legal precedence that would indicate otherwise. They are claiming the emulsion rule from the Supreme Court regarding erosion for a new path would be state property and the old path would revert to landowner. The argument seems dubious at best with numerous avenues to restore access regardless of the decision on navigability. The navigable waters ruling will be under state jurisdiction, not local, but should uphold the public’s right to access the Cutoff.

There are also recent tax documents showing that the landowner is only being taxed on 208 acres, out of a 257.8-acre tract. This excludes the 49-acre tract that matches the Cutoff area  which would add weight to the argument that the Cutoff belongs to the public.

As the court cases move through the system, the Texas Chapter of Backcountry Hunters & Anglers and the Texas River Protection Association continue to advocate for state agencies to engage on the issue and recently sent a strong letter to TX DOT regarding the need for action. Read the letter here.

For an in-depth analysis of the issue check out the Story Map and blog post for maps, pictures and historical documentation.

Stay tuned for further updates as we continue to fight for public access! Support our work by becoming a member today.

The citizens of the Save the Cutoff Coalition are being forced to fight this illegal seizure of public property due to government inaction.  Legal fees now exceed $200,000. Stand with BHA, Save the Cutoff and the Texas Rivers Protection Association in defense of public access by donating and becoming a member. BHA has agreed to match $2,000 dollars towards legal fees and we are halfway towards meeting this match - help protect public lands and waters by donating today!