1. (a) Field note filing for a deed of acquittance for uplands:

   1. (1) Before corrected field notes of a survey can be approved for the issuance of deed of acquittance under the provisions of Texas Civil Statutes Article 5421c, the surveyor must furnish satisfactory evidence that he has located the patented boundary of the survey.
   2. (2) A plat and a report by the surveyor must be filed.

2. (b) Field note filing for a deed of acquittance when the survey is crossed by a navigable stream:

   1. (1) If a resurvey reveals an excess acreage, and it is determined that the survey is crossed by a navigable stream, the owner, under the provisions of the Small Act (Texas Civil Statutes, Article 5414a) is entitled to the acreage for which the survey is patented, even though a part or all of the river bed may be included in this acreage. However, if more than the patented acreage lies outside of the river bed, the state will hold title to all of the river bed and the land owner may make application to purchase such excess not included in the river bed.
   2. (2) Under the conditions as outlined above the surveyor must first locate the patented boundaries of the survey, then run out both banks of the navigable stream within the survey. The corrected field notes will follow the meanders of the stream excluding the river bed from the survey.
   3. (3) A surveyor's plat and report must be filed.
   4. (4) In surveys where the state receives only a part of the river bed acreage, the state's share will be taken from the entire length of the river bed, using the thread of the center line of the State's acreage.

Source Note:The provisions of this §7.3 adopted to be effective January 1, 1976.