Legal Definitions - waterway

A waterway is a body of water that flows in a defined channel with banks and a bed. It can be a natural or man-made body of water, including rivers, creeks, springs, lakes, and marshes. Once water joins a watercourse, it becomes subject to state control and can be used for private purposes according to state law.

• Natural watercourse: A river that flows from its source in the mountains to the sea is a natural watercourse.
• Artificial watercourse: A canal that is built to transport water for irrigation is an artificial watercourse.
• Ancient watercourse: A stream that has existed from time immemorial is an ancient watercourse.

The examples illustrate that a waterway can be natural or man-made, permanent or temporary, and can have different characteristics and incidents depending on its origin and use. A natural watercourse is distinguished from an artificial ditch or canal, which is typically not the subject of riparian rights.