Untitled Texas Attorney General Opinion ( 1951 )

mm ATTORNEY GENERAL OF TEXAS AWinTIN 11. -rExA PRICE DANIEL ATTORNEY GENERAL. November 28, 1951 Hon. Bascom Glles Opinion No. V-1355 Comm~ssi.oner General Land Office Re: Lease of minerals Austin, Texas In river beds. Dear Sir: You have requested our opinion as to whether river beds are subject to lease for mfnerals other than oil,and gas and the applicability of Articles 5388 to 5400, Inclusive, R:C.S. 1925, to river beds. The answer to your question is dependent up- on the proper constructIon of the so-called withdrawal act, Acts 41st Leg., 3rd C.S. 1929, ch. 22, p. 526, cod-l.fled as Article 5323b, V.C.S., which provides that "the surface and the minerals therein of all river beds and channels, ahd of all unsurveyed public free school lands. and uortions of the same. in the State of Texas. are hereby withdrawn from sale or lea&e untI1 other- * wise provided by law." (Rmphasls ours,) With respect to the minerals in these areas, we think the effect of this act was to suspend all la& then in force relative to their sale, lease, or development, including Arti- cle 5388, et seq., R.C.S. 1925, relative to the loca- tion and development of mlnlng claims, Since the passage of this act, the only law which has been enacted'tioncerningthe leasing or other disposition of 'mineralsin Nver beds has been'wlth reference to the 011 and gas therein. Art. 5421c,Sec.8-A, V.C.S. Until the Legislature enacts legislation provid- ing for the leasing of other minerals, or until the minerals covered by``,Artfcle 5388 et seq. are again made subject to disposition In these areas, such minerals retain their withdrawn status in accordance with the provisions of the withdrawal act. Therefore, we agree wlth your conclusion that at the present time there Is no authority for the leasing of these minerals or for the locatIon of claims looking to their ultimate develop- ment. Hon. Bascom Giles - Page 2 - V-1355 ;.,: SUMMARY The mineral estate in river beds was withdrawn from lease by Acts 41st Leg., 3rd C.S. 1929, ch. 22, p. 526, pending subsequent legislation, which has since been enacted only as to 011 and gas. There being no subsequent legis- lation as to other minerals, they are not subject-to lease or to lo- cation of claims under Articles 5388 to 5400, R.C.S. 1925. Yours very truly, APPROVED: PRICE DANIEL Jesse P. Luton, Jr. Reviewing Assistant Charles D. Mathews H. D. Pruett, Jr. First Assistant Assistant HDP:bt