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Show 136 NAVIGABLE WATERS nonnavigable stream-the determination of which is held to be a local matter.171 Under the rule in this State and at common law, said the court, abutting owners on a nonnavigable, nontidal stream are deemed to be the owners "to the middle of the stream," "to the thread of the stream," or "to the filium acquae," as it is variously expressed. While the high banks are the true boundaries of a river for certain purposes, this is not necessarily true in determining where the main channel lies. Noting a conflict of authority in the matter, the California court approved and adopted an apparently logical rule for determining the imaginary line known as the thread of a nonnavigable river or the middle of the main channel thereof-the rule that the thread of such a river is to be ascertained from measurement of the water at its lowest stage. In doing so, the supreme court vacated an opinion to the contrary by a district court of appeal.172 illBishel v. Faria, 53 Cal. (2d) 254, 258-261, 347 Pac. (2d) 289, 1 Cal. Rptr. 153 (1959). il2Bishel v. Faria, 342 Pac. (2d) 278 (Cal. App. 1959). The court of appeal had held that "middle of the river," as this term was used in describing the boundary of Fresno County, meant the point midway between the permanent banks of San Joaquin River which confine the waters to its channel throughout the entire width when the stream is carrying its maximum, usual, and normal quantity of water. |