Legal Definitions - stream

In legal terms, a stream refers to a natural flow of water that moves along a defined course. This course typically includes a distinct bottom (known as the bed), sides (called the banks), and the path the water follows (the watercourse). While streams often flow into larger bodies of water like rivers or lakes, they retain their legal character even if their flow is intermittent, seasonal, or temporarily disappears underground.

• Example 1: The Forest Creek
  Imagine a small creek winding through a national forest. It has a clear rocky bottom, visible earthen banks on either side, and consistently carries water, eventually joining a larger river downstream. This is a classic example of a stream because it possesses all the defining characteristics: a continuous flow of water, a discernible bed, banks, and a watercourse, and it connects to another body of water.
• Example 2: The Desert Wash
  Consider a "wash" in an arid region that only carries water during heavy rainfall events. For most of the year, it appears dry. However, it still has a clearly carved-out channel with defined banks and a sandy bed, indicating where water flows when present. Even though the water flow is intermittent, legally it is still considered a stream because it maintains its character as a watercourse with a bed and banks, even when the water temporarily disappears.

A private stream is a specific type of stream where the entire watercourse—including its bed, channel, and the water within it—is exclusively owned by private individuals or entities. This means there is no public ownership or public right of access to any part of the stream or the land beneath it.

• Example 1: The Ranch Stream
  A large cattle ranch encompasses hundreds of acres, and a small stream originates, flows entirely across, and then terminates within the ranch's boundaries, never touching public land. The ranch owner holds the deed to all the land, including the stream bed and banks. This stream is a private stream because its entire course and associated land are under exclusive private ownership.
• Example 2: The Estate's Brook
  An historic private estate includes a picturesque brook that flows from a natural spring on the property, meanders through the estate's gardens, and then feeds into a decorative pond, all contained within the estate's fenced perimeter. Since the estate owner possesses exclusive title to all the land the brook traverses, including its bed and banks, it is considered a private stream.