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East Texas court upholds decision against group seeking water access

Save the Cutoff, a nonprofit formed to regain public access to an oxbow lake in East Texas, lost another legal battle when Texas' 12th Court of Appeals affirmed a lower court's ruling rejecting their lawsuit against the landowner. The group plans to appeal to the Texas Supreme Court.

Where
Henderson and Navarro Counties
When
Nov. 4, 2026
Sources
One outlet

Counties: Henderson Navarro

Taxes and money

None stated in sources.

Does this affect you?

Who's involved

  • Save the Cutoffnonprofit group suing for water access
  • Phillip Surlslandowner who erected fence and dredged soil
  • Bud Mortonleader of Save the Cutoff
  • Texas 12th Court of Appealsappellate court that affirmed the ruling
  • Texas Attorney General's officefiled brief with Texas Parks and Wildlife Department in support of Save the Cutoff

The facts

  • Cutoff is an oxbow lake along the border of Henderson and Navarro Counties, about 75 miles southeast of Dallas.1
  • Rancher Phillip Surls put up a fence with no trespassing signs around the Cutoff entrance in early 2022.1
  • Save the Cutoff formed as a nonprofit to sue for removal of the fence and regain water access.1
  • Texas 12th Court of Appeals ruled Save the Cutoff lacked standing to bring the lawsuit.1
  • Both appellate and district courts ruled Save the Cutoff did not show the Cutoff is navigable.1
  • Henderson County Commissioners' Court sent Surls notice in April 2022 he violated floodplain ordinance by dredging.1
  • U.S. Army Corps of Engineers sent Surls cease-and-desist notice prohibiting further work in the area.1
  • Texas Department of Transportation sent Surls letter in September 2022 giving 30 days to remove fence.1

Who said what

These are statements and claims made by the people involved. They are reported, not verified.

  • Surls' attorneys Justices' decision reinforced Surls' belief in the integrity and fairness of courts.1
  • Bud Morton We haven't got any ruling we're fond of, but I have strength and heart to keep fighting.1

Sources

Outlets: 1 not rated Who's covering Texas →

These outlets were found through Google News headlines. Google decides which outlets appear there, and they lean mostly one way, so this sheet can only be as balanced as the reporting it was built from. Leanings are AllSides Media Bias Ratings.

  1. East Texas fishermen dealt another legal blow in fight over access to a beloved water body Texas Standard Not rated, November 6, 2026

This sheet was written by AI from the sources above and adds nothing they don't state. Read the originals for full context.

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