Legal Definitions - water

Here are clear, accessible definitions of various legal terms related to "water," designed for educated adults without legal training:

• Water

  In a legal context, "water" refers to the liquid itself, or more commonly, to a body of this liquid such as a stream, river, lake, or ocean, especially when considering rights, regulations, or environmental concerns associated with it.

  • Example 1: A farmer applies for a permit to draw water from a nearby river for crop irrigation.

    Explanation: Here, "water" refers to the resource within the river that the farmer intends to use, highlighting its legal status as something that can be regulated and allocated.

  • Example 2: A city council debates new zoning laws for properties bordering a large lake.

    Explanation: In this scenario, "water" refers to the lake itself as a geographical feature that influences land use and property rights, necessitating specific legal considerations.

• Backwater

  Backwater describes a section of a stream or river where the natural flow is significantly slowed or reversed due to an obstruction, such as a dam, a natural barrier, or a confluence with a larger body of water.

  • Example 1: After a new hydroelectric dam was constructed, the river upstream developed a noticeable backwater effect, causing the water level to rise and flow more slowly towards the dam.

    Explanation: The dam acts as the obstruction, impeding the natural downstream flow and creating an area where water movement is reduced or altered.

  • Example 2: A small tributary empties into a much larger, slow-moving river, creating a backwater area near their junction where the tributary's flow is almost stagnant.

    Explanation: The larger river effectively obstructs the tributary's forward flow, leading to a pooling or reduced movement of water in that specific section.

• Coast Water (also known as Coastal Water)

  Coast water refers to areas of the sea that are close to the shoreline and are deep enough or otherwise suitable for navigation by ocean-going vessels. These waters typically connect directly or indirectly to the open ocean.

  • Example 1: A shipping company plans a route through the coast water off a major port city, ensuring their large container ships can safely reach the docks.

    Explanation: This illustrates coast water as the navigable maritime zone near land that ocean vessels use for transit to and from ports.

  • Example 2: Environmental regulations are enacted to protect the marine life in the coast water extending several miles from a national park's shoreline.

    Explanation: Here, coast water defines the specific area of the ocean adjacent to the land that falls under a nation's jurisdiction for environmental protection, accessible by vessels from the open sea.

• Developed Water

  Developed water refers to water that has been brought to the surface or made accessible for use by an individual or entity who then claims rights to that water. This often involves significant effort or investment to extract or divert it.

  • Example 1: A rancher drills a deep well on their property, bringing previously inaccessible groundwater to the surface for livestock and irrigation. The water extracted from this well is considered developed water.

    Explanation: The rancher actively brought the water to the surface, making it available for use, and thus can claim rights to it.

  • Example 2: A mining company constructs a complex system of tunnels and pumps to drain an underground aquifer, making the water available for their industrial processes. This water is then classified as developed water.

    Explanation: The company invested in infrastructure to access and utilize the water, transforming it from an inaccessible resource into one they can claim rights over.

• Diffused Surface Water (often shortened to Surface Water)

  Diffused surface water is water that flows or collects on the ground's surface, typically from rain, melting snow, or springs, but does not follow a defined channel like a stream or river. It spreads out across the land rather than being contained within a watercourse.

  • Example 1: After a heavy thunderstorm, rainwater flows across a sloped backyard and into a neighbor's garden, causing minor flooding. This runoff is diffused surface water.

    Explanation: The rainwater is not in a ditch or stream but spreads across the ground, illustrating its unchanneled and temporary nature.

  • Example 2: During spring thaw, snowmelt spreads across a large, flat meadow before eventually soaking into the ground or evaporating.

    Explanation: The melting snow covers the land broadly without forming a distinct channel, fitting the description of diffused surface water.

• Excess Water (also known as Surplus Water)

  Excess water refers to water in a stream or other source that is available beyond what is legally allocated or reasonably needed by those who hold priority water rights. It is the amount of water that remains after all senior claims and beneficial uses have been satisfied.

  • Example 1: A river experiences unusually high flows during a wet season, providing more water than what is required by all farmers holding irrigation permits. The additional flow is considered excess water.

    Explanation: The water volume exceeds the total amount legally claimed by those with established rights, making the remainder "excess."

  • Example 2: A municipality has rights to a certain volume of water from a reservoir for its residents. If the reservoir's capacity is significantly higher than the municipality's needs, the unallocated portion could be deemed excess water.

    Explanation: The water not needed for the primary, priority use (the municipality's allocation) is considered excess, potentially available for other uses or claims.

• Floodwater

  Floodwater is water that overflows from a natural watercourse (like a river or stream) in large volumes and spreads across adjacent land without following any defined channel. It is characterized by its uncontrolled and destructive nature.

  • Example 1: Following days of torrential rain, a river bursts its banks, and water inundates nearby fields and roads, flowing in an unpredictable manner. This is floodwater.

    Explanation: The water has escaped its normal channel and is spreading widely over the surrounding property, characteristic of floodwater.

  • Example 2: A levee breaks during a storm surge, releasing a torrent of water that sweeps through a residential area, covering streets and yards.

    Explanation: The water has left its containment (the levee, which acts as an artificial bank for a watercourse) and is flowing over land without a channel, classifying it as floodwater.

• Foreign Water

  Foreign water refers to water that originates from or is subject to the jurisdiction of another nation or a different governmental authority. This term is often used in discussions of international or interstate water rights and agreements.

  • Example 1: A river flows from Country A through Country B before reaching the ocean. The water within Country A's borders is considered foreign water by Country B.

    Explanation: The water originates in a different nation, making it subject to that nation's laws and thus "foreign" to the downstream country.

  • Example 2: Two states share a large aquifer. Water extracted by State X from the portion of the aquifer that extends into State Y's territory could be considered foreign water from State Y's perspective.

    Explanation: Even within a single nation, water can be "foreign" if it falls under the jurisdiction of a different state or regional authority.

• Groundwater

  Groundwater is water located beneath the Earth's surface in the spaces between rock particles and in the cracks of rock formations. It typically resides in aquifers, which are layers of permeable rock or soil that can hold and transmit water.

  • Example 1: A homeowner drills a well to access groundwater for their household needs, tapping into an aquifer several hundred feet below their property.

    Explanation: The water drawn from the well is groundwater because it was stored underground within permeable geological layers.

  • Example 2: Environmental scientists monitor the levels of groundwater in a region to assess the impact of drought on the local water supply.

    Explanation: The scientists are studying the water reserves held beneath the surface, which is precisely what groundwater refers to.

• Inland Waters (also known as Internal Waters)

  Inland waters are all the waters located entirely within a nation's land territory, or those closely associated with its coastline but on the landward side of the baseline from which the territorial sea is measured. This includes rivers, lakes, canals, and certain bays and harbors.

  • Example 1: A country declares a large freshwater lake entirely within its borders as part of its inland waters, subject to its national environmental protection laws.

    Explanation: The lake is fully contained within the nation's landmass, making it an inland water body under its exclusive jurisdiction.

  • Example 2: A government establishes fishing regulations for a major river that flows from its interior to the coast, classifying it as inland waters.

    Explanation: The river, despite its connection to the sea, is considered inland water because it is geographically contained within the nation's land territory.

• Navigable Water (and Navigable Water of the United States)

  Navigable water refers to a body of water that is capable of being used for commercial transportation or travel. For legal purposes, especially in the United States, this often means water that is currently used, or was historically used, or is susceptible to being used, for interstate or foreign commerce.

  • Example 1: A large river that historically carried steamboats and now supports barges transporting goods between states is considered navigable water.

    Explanation: The river's capacity for commercial transport, both historically and currently, qualifies it as navigable water.

  • Example 2: A small, shallow creek that can only be traversed by canoes for recreational purposes is generally not considered navigable water in a legal sense, as it lacks the capacity for commercial shipping.

    Explanation: The creek does not meet the criteria of being suitable for commercial transportation, distinguishing it from legally navigable waters.

• Percolating Water

  Percolating water is water that slowly seeps or oozes through the soil and rock layers beneath the surface without forming a defined channel or underground stream. It is typically rainwater or surface water that has infiltrated the ground and moves diffusely.

  • Example 1: After a rain shower, water slowly soaks into a garden bed, moving downwards through the soil particles to reach plant roots. This downward movement is percolating water.

    Explanation: The water is not flowing in a visible stream but rather diffusing through the ground, characteristic of percolating water.

  • Example 2: A homeowner notices dampness in their basement after heavy rainfall, indicating that water is percolating through the surrounding soil and foundation walls.

    Explanation: The water is seeping through the ground without a distinct path, demonstrating its percolating nature.

• Posted Water

  Posted water refers to a body of water, typically on private land, that an owner has explicitly reserved for their exclusive use by putting up signs or notices prohibiting public access or use. This makes it clear that the water is not for general public enjoyment.

  • Example 1: A landowner places "No Fishing" and "Private Property" signs around a pond on their ranch, designating it as posted water to prevent unauthorized use.

    Explanation: The signs clearly communicate the owner's intent to restrict access and reserve the pond for private use, making it posted water.

  • Example 2: A hunting club leases land with several small lakes and puts up notices around them stating "Members Only - No Trespassing." These lakes are considered posted water.

    Explanation: The club is asserting exclusive use of the water bodies through visible notices, thereby classifying them as posted water.

• Private Water

  Private water refers to a body of water that is owned and controlled by one or more individuals or private entities, rather than being subject to public use. This typically applies to non-navigable waters that are small and not considered valuable for general public access.

  • Example 1: A small, man-made pond located entirely within a homeowner's fenced backyard, not connected to any public waterways, is considered private water.

    Explanation: The pond is on private property, not navigable, and not accessible to the public, fitting the definition of private water.

  • Example 2: A secluded spring-fed lake, entirely surrounded by a single private estate and not large enough for public navigation or recreation, would be classified as private water.

    Explanation: Its location, lack of public access, and non-navigable nature make it subject to private ownership and control.

• Public Water

  Public water refers to bodies of water that are suitable for public use, particularly for navigation or general public access and recreation. These waters are generally open to the public, subject to applicable laws and regulations.

  • Example 1: A large river that is legally designated as navigable and is used by recreational boaters, commercial barges, and public ferries is considered public water.

    Explanation: Its navigability and use by the general public for various purposes qualify it as public water.

  • Example 2: A state park includes a large lake with public access points for swimming, fishing, and boating. This lake is managed as public water.

    Explanation: The lake is explicitly made available for public access and recreation, aligning with the definition of public water.

• Subterranean Water

  Subterranean water is a broad term for any water that exists or flows beneath the Earth's surface and is not artificially contained (like in a pipe or tank). This includes both groundwater in aquifers and percolating water.

  • Example 1: Geologists studying the water cycle in a desert region analyze samples of subterranean water from various depths to understand its movement and availability.

    Explanation: They are examining all forms of water naturally present underground, which is the essence of subterranean water.

  • Example 2: A construction project encounters an unexpected flow of subterranean water during excavation, requiring special pumping to keep the site dry.

    Explanation: The water found underground, not in a defined artificial structure, is subterranean water.

• Surface Water

  Surface water refers to water that lies on the Earth's surface but does not form part of a defined watercourse (like a river or stream) or a permanent lake. It typically originates from rain, melting snow, or springs and often spreads diffusely across the land.

  • Example 1: After a heavy rain, puddles form on a parking lot and water runs across the asphalt before draining into a storm sewer. This unchanneled flow is surface water.

    Explanation: The water is on the surface, not in a stream, and is temporarily spread out, fitting the definition of surface water.

  • Example 2: A farmer observes water collecting in low-lying areas of a field after a significant snowmelt, which eventually soaks into the ground.

    Explanation: The water from the snowmelt is lying on the surface of the field without forming a stream, making it surface water.

• Surplus Water

  Surplus water refers to water that is not fully utilized or is leftover after a specific process or after all priority water rights have been satisfied. This can include runoff from irrigation or water remaining in a system beyond what is needed for its primary purpose.

  • Example 1: After irrigating their crops, a farmer allows the excess water that wasn't absorbed by the soil to run off into a drainage ditch. This runoff is considered surplus water.

    Explanation: The water was not consumed by the irrigation process and is therefore leftover or "surplus."

  • Example 2: A city's water treatment plant produces more treated water than its residents consume on a given day, and the remainder is released into a river. This unconsumed portion is surplus water.

    Explanation: The water is leftover from the primary use (city consumption) and is therefore surplus.

• Territorial Waters

  Territorial waters are the areas of the sea immediately adjacent to a nation's coastline, over which that nation exercises full sovereignty, similar to its land territory. Traditionally, this zone extended three nautical miles from the coast, but modern international law generally recognizes a limit of 12 nautical miles.

  • Example 1: A foreign fishing vessel is caught operating within 10 nautical miles of a country's coast without permission, violating the country's territorial waters laws.

    Explanation: The area within 10 nautical miles is part of the nation's sovereign maritime zone, making unauthorized activity a violation of its control over its territorial waters.

  • Example 2: A nation establishes strict environmental protection measures for all shipping within its territorial waters to prevent pollution near its shores.

    Explanation: The nation is exercising its sovereign right to regulate activities within its defined maritime belt, which are its territorial waters.

• Tidewater

  Tidewater refers to water in rivers, estuaries, and coastal areas that is directly affected by the ebb and flow of ocean tides. These areas experience regular changes in water level and sometimes flow direction due to tidal forces.

  • Example 1: A small coastal town is built along a river that is influenced by the ocean's tides, causing the water level at the docks to rise and fall throughout the day. This river is considered tidewater.

    Explanation: The river's water levels are dictated by the oceanic tides, making it tidewater.

  • Example 2: Biologists study unique marine species that thrive in the brackish tidewater of an estuary where freshwater from rivers mixes with saltwater from the ocean.

    Explanation: The estuary's water is directly influenced by tidal movements, creating a specific environment characteristic of tidewater.

• Wastewater

  Wastewater refers to water that has been used and is no longer suitable for its original purpose, often containing dissolved or suspended contaminants. It can be runoff from agricultural or industrial processes, or effluent from domestic use.

  • Example 1: After a factory uses water to cool machinery, the heated and chemically altered water is collected and treated as wastewater before being discharged.

    Explanation: The water has been used in a manufacturing process and is no longer clean or suitable for its initial purpose, thus becoming wastewater.

  • Example 2: Water flushed down toilets and drained from sinks in homes and businesses is collected by municipal sewer systems and sent to a treatment plant as wastewater.

    Explanation: This water has been used for domestic purposes and contains waste, making it wastewater that requires treatment.