Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE ATTORNEY GENERAL Oi TEXAS Hono~ab&& A. W. M~ddova, Dire&m Texas Aei'onautiosComulsslon Aus tin, Texas Oplnloa no. o-7533 Rer Whether seaplanes are pro- hibited 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~EIQturniah thiS kBIIiIi8SiOIl with an opinion as to whether or not there are any State laws prohibiting aeaplaaea from landing on pub110 waters or artif'ioialinland 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'ectthe 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'romlanding 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 tnightarise, 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 . .permittlngto 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 there- by rendered harmful to public health, game birds or game animals, fish or other'edibleaquatic ani- mals, or endangers any vhaFf, or endan ers or hinders the operation of any boat___ga_ or ren era- ln- ~:~'. sanitary= unolean any bathing beach." (Rmphasis ~: '~;.: Supplied) While ve do not believe you had reference to the '~::' "pollution"ststute in your opinion request, It is oon- oelvable that the landing of a seaplane may, under the faots or a particular case, "endanger or hinder the operation of' any boat". This department has not been advised whether or not any of the pertinent lake.authorltles,such as the Brazes River Conservationand 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 Com- mlsslon, 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 un- able to find any "local or speolal" laws Of the Legislature pertinent to your lnqulry. Very truly yours /' ATTbRREYGENZRALOF,fl!KKAS 3m:jt