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 seaplanes are prohibited from landing on 

pub110 waters ahd mtifioial 

inland lakes 

Please refer to your letter of Deoember 2, 1946, 

requesting the following opinion frcm this depazQeat: 

will you ~~Q~EIQ turniah thiS kBIIiIi8SiOIl with 

an opinion as to whether or not there are any 

State laws prohibiting aeaplaaea 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 

controlled by the different authorltleS. 

'Also, please give us your opinion a8 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 Legislature prohibiting in express 

terms seaplanes f'rom landing ou publia bodies of water. 

While the faotual oircmstances giving rise to 

your inquiry are not dsteiled and it would be idle to 

speculate on eittmtions that tnight arise, Ye do deem it 

pertinent to advise that there are statutes of this State 

whioh might conceivably be violated by 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, 
Honorable A. W. Meadows - Page 2 

Vernon's Annotated Penal Code, which makes It unlavful to 

"pollute" any publio body or surfaoe water or this State, 

This statute defines the term "pollute" as, 

II . .permittlng to reach'or be lntroduoed Into 

a& public body of surface water or this State any 

substance, material or thing in such quantity 

that the &aid water Is thereby rendered unfit for 

one or more of the beneflolal uses for vhloh such 

water was fit or sultable prior 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'edible aquatic animals, or endangers any vhaFf, or endan ers or 

hinders the operation of any boat ___ga_ or ren era - ln- ~:~'.

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 seaplane may, under the faots 

or a particular case, 

any boat". 

"endanger or hinder the operation of' 

This department has 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 

authorities by seaplanes: It Is also aonaelvable thst the 

State Parks Board, the State Game, Fish end Oyster Commlsslon, or agencies of' the Federal Government, may have 

rules and regulations on 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 "county laws" as distinguished from acts 

of the Leglalature.ln this State, and that we have been unable to find any "local or speolal" laws Of the Legislature 

pertinent to your lnqulry. 

Very truly yours 

/' ATTbRREYGENZRALOF,fl!KKAS 

3m:jt