Legal Definitions - watercourse

A watercourse is a body of water that typically originates naturally and flows consistently within a reasonably defined channel, possessing a discernible bed and banks. This legal term encompasses not only rivers and creeks but also permanent springs, lakes, or marshy areas where such flowing streams begin or pass through. The key characteristics are a continuous flow, a distinct path, and a stable structure that contains the water.

While most watercourses are natural, formed by geological and hydrological processes over time, a human-made channel can sometimes be legally considered an artificial watercourse. If an artificial watercourse is permanent and has been maintained for a significant period, it may eventually acquire the legal characteristics of a natural watercourse, including associated rights and regulations.

• Example 1: A Mountain Stream

  Imagine a stream named "Willow Creek" that flows year-round from a mountain spring, winding its way through a valley. It has clearly visible banks, a rocky bed, and a consistent current that has carved its path over centuries. Even after heavy rainfall, the water remains within its established channel. Willow Creek would be considered a natural watercourse because it meets all the criteria: it's naturally formed, has a continuous flow, and maintains a definite channel with a bed and banks.

• Example 2: An Old Irrigation Canal

  Consider the "Farmers' Ditch," an irrigation canal dug by settlers over 150 years ago to divert water from a river to their fields. Over generations, the ditch has become a permanent feature of the landscape, developing stable earthen banks, a consistent flow of water, and even supporting local aquatic plant and animal life. Although originally human-made, its long-term existence, stable structure, and continuous flow mean that the "Farmers' Ditch" would likely be legally treated as a watercourse, similar to a natural one, with associated water rights and regulations.

• Example 3: A Temporary Construction Trench

  During the construction of a new building, a contractor digs a temporary trench to divert rainwater away from the excavation site. This trench is only a few feet deep, has uneven sides, and only carries water during rainstorms. Once the construction is complete, the trench will be filled in. This temporary trench would not be considered a watercourse because it lacks permanence, does not have a naturally formed or long-established channel, and its flow is intermittent and entirely dependent on specific human activity and weather events, rather than a consistent natural source.