A court ruling this week went against Save the Cutoff, a group of East Texas outdoor enthusiasts trying to regain access to the Cutoff, a long, narrow oxbow lake on the Henderson and Navarro county line about 75 miles southeast of Dallas. The group plans to appeal to the Texas Supreme Court.
Texas' 12th Court of Appeals upheld an earlier decision by an East Texas district court. Both courts found that the group lacked standing to bring its lawsuit. They also said the group had not adequately shown that the Cutoff is navigable, a legal distinction that affects whether the public has a right to access the water.
The dispute began in early 2022, when rancher Phillip Surls, whose property adjoins the lake, put up a fence with "No Trespassing" signs at the entrance to the water. Surls did not respond to interview requests. His attorneys said in a written statement that they were pleased with the appellate decision. Save the Cutoff leader Bud Morton said the group would keep fighting. Henderson County Commissioners' Court had earlier notified Surls that his soil dredging violated a floodplain ordinance.