A dispute over public access to "The Cutoff," also called Creslenn Lake, is now before the Texas courts. The oxbow waterway south of Trinidad stretches more than 10 miles and was once a bend of the Trinity River before it was separated in the 1920s. Local anglers and duck hunters have long used it.
Landowner Phillip Surls bought nearby property in 2021. In early 2022, a fence was placed across an access point, blocking a boat ramp the public had used. Local residents formed Save the Cutoff, a nonprofit, and sued Surls. A Henderson County district judge first ruled in Surls' favor. The group appealed, and on Wednesday the 12th Court of Appeals in Tyler also ruled for Surls.
Bud Morton, an organizer with the group, said it intends to appeal to the Texas Supreme Court. The Texas Attorney General's Office has filed a brief supporting the group, arguing the waterway is navigable. Surls declined to comment. His attorney, Chris Hudson, said Surls argued his private property rights supported his actions. Representatives for Iron River Ranch II, LLC said they were pleased with the appeals court's decision. Jason Cox, another founder of Save the Cutoff, said the case could affect water rights elsewhere in Texas.