"The GARA, PIEN and OYSTER COMMISSION has had a request to remove a natural obstruction in a public stream for the purpose of allowing fish to pass freely beyond the point of obstruction.

FACere taxing action on this matter, we respectfully request your opinion on the following questions:

1. "Not decarter at, commission or board, of the state, government, has the authority to grant a permit to a landonner to enlarge by blasting the channel of a stream so as to permit fish to pass through such channel, the bed of such stream belonging to the state of Texas."

The constitution of the state of Texas in Article IVI, Section 58a, declares that "The conservation and development of all of the natural resources of this state, including... "Wheers of its rivers and streams, for irrigation, lower soil,"11 other useful purposes, ... are each and all hereby declared public rights and duties and the legislature shall pass all such laws as may be appropriate thereto."

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Unless the Legislature, pursuant to its constitutional authority over public waters and water courses has empowered a state department, commission, or board to do an act, to-wit, grant a permit to a landowner to blast a natural obstruction in a public stream for the purpose of allowing fish to pass freely beyond the point of obstruction, no state agency can lawfully grant such a permit. 38 Tex. Jur. 836 in agreement states: "Fower in respect to State property rights is vested in the Legislature, and the Legislature alone may exercise the power necessary to the enjoyment and protection of those rights by the enactment of statutes for that purpose."

The Austin Court of Civil Appeals recently stated the law in Corzellus vs. Railroad Commission, et al, 182 S. W. (2d) 412, to be that "The general rule is well settled that boards or comal sions which are creatures of the statutes can exercise only such authority as is conferred upon them by law in clear and express language, and that authority will not be construed as being conferred by implication."

A thorough examination of Title 67, Revised Civil Statutes of Texas, relating in part to the powers of the Gase, Fish and Oyster Commission, of Chapter 1, Title 128, Revised Civil Statutes of Texas, setting forth the powers of the Board of Water Engineers, and of all other laws relating to the State's rights in public waters and river beds, discloses that the Legislature has not authorized any commission, board or department to issue a permit to a landowner to remove a natural obstruction in a public stream.

You are therefore advised that no state department, board, or commission may issue a perait to a landowner to remove a natural obstruction in a public stream or enlarge the channel by bration for the purpose of allo in fish to pass freely beyond the point of obstruction.

Yours very truly

Cx T. 128