Also known as: watercourses · stream
Written by attorneys · grounded in primary & secondary sources — see below
A stream of water of natural origin flowing constantly or recurrently on the surface of the earth in a reasonably definite natural channel. The term also includes springs, lakes, or marshes in which such a stream originates or through which it flows.
Wade Watson owns land along a stream that flows into a lake used by Watershed Pharmaceuticals for its operations. When Watershed Pharmaceuticals discharges waste that alters the stream's natural channel, Wade Watson sues. The court determines whether the body qualifies as a watercourse under the Restatement definition.
Winston Ward diverts water from a spring that feeds a watercourse running into state Y. A downstream owner in state Y sues Winston Ward, alleging the diversion harms the flow. The court applies the definition to decide whether the spring and channel constitute a protected watercourse.
Walter Washington seeks to build on property crossed by a watercourse. The local district imposes an off-site mitigation fee tied to the watercourse's protection. The court first confirms the feature meets the natural channel and recurrent flow criteria before addressing the fee.
Select any source to read its text and confirm it supports the definition.
Winona Walsh owns property bordering a watercourse that meets the ocean. After state restoration work shifts the watercourse's outlet, Winona Walsh claims the change deprived her of littoral rights. The court applies the watercourse definition to the altered channel.
Wanda Weaver holds acreage drained by a watercourse subject to a regional planning agency's temporary building ban. Wanda Weaver argues the extended restriction on use of the watercourse-adjacent land constitutes a taking. The court verifies the feature is a watercourse before ruling.
Wrightway Engineering operates a plant drawing from a watercourse. A state commission bars the company from promoting increased water use in its ads. The court confirms the intake source meets the watercourse criteria before addressing the speech claim.
A watercourse requires a stream of natural origin that flows constantly or recurrently in a reasonably definite natural channel. Springs, lakes, and marshes that originate or carry the stream are included within the definition.
When multiple parties discharge refuse into a watercourse, the governing law determines whether liability is joint and several or apportioned. The forum court first decides which state's interests are furthered by applying its own rule on apportionment.
No. The definition expressly includes streams that flow recurrently as well as constantly, so long as the channel remains reasonably definite and the water is of natural origin.
…property for its own use, the Court held that full compensation had to be awarded. “Suppose, in the improvement of a navigable stream, it was deemed essential to construct a canal with locks, in order to pass around rapids or falls. Of the power of Congress to condemn whatever land may be necessary for such canal, there…