THE Ax-r NEY GENERAL. 

~FTExAS 

Honorable Dean Martin Opinion NO. c-296 

County Attorney 

Grayson County Re: Whether the County Judge's 

Sherman, Texas permission has to be secured before seismograph 

blasts can be performed 

under the waters of Lake 

Dear Mr. Martin: Texoma. 

Your recent letter asks the opinion of this office 

in regard to the question stated by you as follows: 

'Doe8 the County Judge's permission 

necessarily have to be secured before any 

sefsmograph blasts can be 

the waters of Lake Texoma? 

performed under 

The question is asked with specific reference to Article 924, 

Vernon@s Penal Code, which reads in part as follows: 

"It shall be unlawful for any person to 

place in any of the waters of this State any 

poison, lime, dynamite, nitroglycerin, giant 

powder OP other explosives or to place in such 

waters any drugs, substances or things deleterious to fish life for the purpose of catching 

or attempting to catch fish by the use of such 

substances or thlngs, or for any other purpose 

whatsoevers provided however that in event it 

becomes necessary to place any explosive in 

waters In connection with construction work> 

same may be authorized by written order of 

the County Judge of the County where the work 

is to be done. 

In Attorney General's Opinion No. V-405 (lg&'), Article 

924 of the Penal Code was held to be constitutional, and It was 

further held that the said article applied to waters of the Gulf 

of Mexico within the boundaries of the State of Texas. 

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Ron. Dean Martin, page 2 (C- 296) 

On page seven of such opinion, we find the following 

statement: 

"In amending the Act, /Article 924, 

V.P.CL7 the 44th Leglslaturc rather than 

enumerate the various kinds of waters, simply 

covered all waters by the term 'in any waters 

of this State.'" 

And also this statement: 

"Obviously a different rule applies to 

lands which have been leased'or which may be 

leased hereafter from the State. When the 

lessee in good faith decides he must determine 

how and where to construct a derrick, drilling 

rig, etc., upon such lands and .shows that use 

of dynamite is necessary In connection with 

such work, the County Judge of the proper 

County may permit such use under the proviso 

in Article 924, V.P.C. It is commonly known 

that detail work must be accomplished by exploratory methods which sometimes require use 

of explosives before a lessee can determine 

how and where to conduct actual construction 

and development operations on the lease he 

has purchased. Any of such operations reasonably 

necessary in connection with good faith construction work could be permitted by the County 

Judge of the County in which the submerged land 

is located." 

We find no case law or statute which distinguishes 

between a river of the State and a federally-constructed lake 

in regard to the applicability of the provisions of Article 

924, and agree with the above quoted rule In regard to leased 

land, whether from the State or from private individuals, we 

therefore conclude that the provlsions of Article 924 apply to 

Lake Texoma, and that compliance must be made with that provlaion 

of the same requiring written order of the County Judge for the 

placing of any explosives In the lake in connection with conatructlon work. 

SUMMARY 

Permission of the County Judge of Grayson 

County must be secured before seismograph blasts 

can be performed on land situated in Grayson 

County and submerged under Lake Texoma. 

-1416- 
Hon. Dean Martin, page 3 (cp96) 

Very truly yours, 

WAGGONER CARR 

Attorney Qeneral 

Edward P. Balding 

Asalstant 

EPB:wb:mkh 

APPROVED: 

OPINION COMMITTEE 

w&A su&z, Chairman 

Sam Kelley 

John Reeve8 

V. F. Taylor 

APPROVED FOR THE ATTORNEY CtENERAL 

BY: Stanton Stone 

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