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Show Chapter 17 DIFFUSED SURFACE WATERS PHYSICAL CHARACTERISTICS OF DIFFUSED SURFACE WATERS General Definition of Diffused Surface Waters and Their Importance Definitions In general, diffused surface waters are waters which, in their natural state, occur on the surface of the earth in places other than natural watercourses or lakes or ponds-floodwaters that have escaped from streams being exceptions in some jurisdictions. (See "Essential Characteristics of Diffused Surface Waters-Origin," below.) Where such exceptions do not prevail, diffused surface waters may originate from any natural source. They may flow vagrantly over broad lateral areas or occasionally for brief periods in natural depressions; or they may stand in bogs or marshes. The essential characteristics of diffused surface waters are that they are short-lived, and that the waters are spread over the ground and not yet concentrated in channel flows of such character as to constitute legal watercourses, or not yet concentrated in natural bodies of water conforming to the definition of lakes or ponds. In chapter 3, relationships of diffused surface waters to streamflows are discussed under two categories. Under "Elements of Watercourse-Source of Supply-Diffused Surface Water," it was shown that a large majority of decisions in Western courts accept diffused surface waters as sources of watercourses, and they are supported by the better reasoning. Under "Floodflows-Flood Overflows," attention is called to a case in which the Washington Supreme Court spoke of the "almost incredible conflict of authorities" as to when and under what circumstances floodwaters of a stream become diffused surface waters, so as to be governed by the rules relating to the latter rather than by the rules applicable to waters of watercourses.1 The classification of stream waters-whatever their origin-overflowing stream banks in times of flood has involved both real and apparent conflicts. Under the topic "Floodflows-Flood Overflows," in chapter 3, the cases are considered with respect to (1) overflows not separated from the stream, (2) overflows permanently escaped from the stream, (3) rejoinder with original watercourse, and (4) joinder with another watercourse. lSund v. Keating, 43 Wash. (2d) 36, 42, 259 Pac. (2d) 1113 (1953). (535) |
