**OFFICE OF**  **THE ATTORNEY**  **GENERAL Oi**  **TEXAS**

Hono~ab&& A. W. M~ddova, Dire&m Texas Aei'onautios Comulsslon Aus tin, Texas Oplnloa no. o-7533
Rer Whether seaplanesare prohibited from landing on pub110 waters ahd mtifioial inland lakes

Please refer to your letter **of** Deoember 2, 1946, requesting the followingopinion frcm this depazQeat: will you ~~Q~EIQ

turniah thiS kBIIiIi8SiOIl with an opinion as to whether or not there are any State laws prohibitingaeaplaaea from landing on pub110 waters or artif'ioial inland lakes such a8 Poasua Kingdan Lake, Buoharnm,Lake Texhoma and sny of the other lakes built and controlledby the different authorltleS. 'Also,please give us your opiniona8 to whether or not oountg lava would afi'ect the use of these bodies of **water** as landing faailities."
In answer to your first inquiry,you are advised **that we**  **have osmful~y**  searohed the **atstutea of**  **this State**  and find no aot of the Legislatureprohibitingin express terms seaplanes f'rom landing ou publia bodies of water. While the faotual oircmstances giving rise to your inquiryare not **dsteiled** and it would be idle to speculateon eittmtions that tnight arise, Ye do deem it pertinent to advise that there are statutesof this State whioh might conceivablybe violatedby the aot or landing a seaplane on a public body of water. For example,we call your attention to Chapter 285 of the Buts oi the Regular Session of the 48th Legislature, 1943,Artlale 6gEb,HonorableA. W. Meadows - Page 2

Vernon'sAnnotated Penal Code, which makes It unlavful to "pollute"any publio body or surfaoewater or this State, This statute defines the term "pollute"as, II

. .permittlngto reach'orbe lntroduoedInto a& public body of surfacewater or this State any substance,material or thing in such quantity that the &aid water Is thereby renderedunfit for one or more of the beneflolaluses for vhloh such water was fit or sultableprior to the lntroduotlon of suah substance,mstsrlsl or thing, or is thereby rendered harmful to public health, game birds or game animals, fish or other'edibleaquatic animals, or endangers **any** vhaFf, or endan ers or hinders the operation of **any** boat or ren era ln- ___ga_ - ~:~'.~.. sanitary= unolean any bathing beach." Supplied) (Rmphasis ~: '~ ;.:.:
While ve do not believe you had reference to the '~::' "pollution"ststute in your opinion request, It is oonoelvable that the landing of a seaplanemay, under the faots or a particularcase, any boat". "endangeror hinder the operation of'

This departmenthas not been advised whether or not any of the pertinent lake.authorltles, such as the Brazes River Conservation and Realaaation Dlstrlot or the Lover Colorado River Authority,have any rules or regulations relative to the use of lakes under the ooatrol of suoh authoritiesby seaplanes: It Is also aonaelvablethst the State Parks Board, the State Game, Fish end Oyster Commlsslon, or agencies of'the Federal Government,may have rules and regulationson the subject. Should you rind suoh to be the case, ve should be glad to give you the benefit of our opinion in respeot thereto.

In answer to your seaond question,you are advised that there are no "countylaws" **as** distinguishedfrom acts of the Leglalature.lnthis State, and that we have been unable to find any "localor speolal" laws **Of** the Legislature pertinent to your lnqulry. Very truly yours

/' ATTbRREYGENZRALOF,fl!KKAS

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