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Show 96 CHARACTERISTICS OF WATERCOURSE Watercourse Originally Made Artificially May Become in Effect a Natural Watercourse The fact that a waterway was originally created artificially, in whole or in part, does not deprive it of the attributes of a watercourse if it performs the functions of a natural watercourse and has been treated as such by the interested parties for a long period of time.381 A channel connecting Kings and San Joaquin rivers in California, which had been made as a result of artificial work, was held by the supreme court to have become, in legal contemplation, a natural watercourse.382 In view of the authorities the court felt warranted in holding "that a watercourse, although originally constructed artificially, may from the circumstances under which it originated and by long-continued use and acquiescence by persons interested therein become and be held to be a natural watercourse, and that riparian owners thereon and those affected thereby may have all the rights to the waters therein as they would have in a natural stream or watercourse." Thus, a channel may have existed for such a length of time and may have been used under such circumstances that the manner of its creation is not material.383 In the cited case, Rubio Canyon Wash was created as a result of settlement of the region and became the natural drainageway for the tributary watershed; its existence and function were accepted by those who settled in the area. Important Factors Characteristics of watercourse.-\n order that an artificial channel may come to be considered a natural watercourse, it must have all the essential elements of such a watercourse.384 This requirement has not been noted in many court decisions, but it is a logical factor. In the Auchmuty case, just cited, the Wyoming Supreme Court rejected a contention that the artificial ditch in litigation had become a natural watercourse by reason of long usage, saying that: "In the case at bar we have not been informed as to the width or the depth of the drainage ditch in question and whether it has banks such as are required in order to constitute a watercourse." Indications of permanence.-As with the wholly natural creation of a watercourse (see "Elements of Watercourse-Other Factors-Permanence of Existence," above), an important element of a watercourse created artificially is the indication that it is designed to be permanent.385 With passage of time, the implication of permanence becomes increasingly important.386 381 Missouri Pacific Ry. v. Keys, 55 Kans. 205, 215, 40 Pac. 275 (1895)\Hornor v. Baxter Springs, 116 Kans. 288, 290, 226 Pac. 779 (1924). In the latter case.it is said that: "The straightening of a crooked watercourse in order to facilitate the flow and avoid the flooding of bordering lands is not uncommon." See Auchmuty v. Chicago, Burlington & Quincy R.R., 349 Pac. (2d) 193, 196 (Wyo. 1960). 382 Chowchilla Farms v. Martin, 219 Cal. 1, 18-20, 25 Pac. (2d) 435 (1933). 383 San Gabriel Valley Country Club v. County of Los Angeles, 182 Cal. 392, 397, 188 Pac. 554 (1920). 384 Auchmuty v. Chicago, Burlington & Quincy R.R., 349 Pac. (2d) 193, 196 (Wyo. 1960). 38SJack v. Teegarden, 151 Nebr. 309, 315-316, 37 N. W. (2d) 387 (1949). 3&6Hollett v. Davis, 54 Wash. 326, 332-333,103 Pac. 423 (1909); Gardner v.Dollina, 206 |