Rait v. Furrow

Citations

• 74 Kan. 101
• 85 P. 934
• 1906 Kan. LEXIS 13

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Watercourses — Definition of a Natural Watercourse. Where water runs in a well-defined channel, with bed and banks made by the force of the water, and has a permanent source of supply, it is to be regarded as a natural watercourse, although the stream may be small, its course short, and it may have existed for only a short time.</p> <p>2. -Source of Supply. The source of supply may be springs, surface-water, or a pond formed by surface-water; but, whatever the source, if it has the element of permanence it becomes a natural watercourse where the water comes to, or collects on, the surface and flows in a well-defined channel and bed, with süeh banks as will ordinarily confine the water and cause it to run in a definite direction.</p> <p>3. -jr Permanence — Age. While the element of permanence is necessary, great age is not an essential attribute of a watercourse.</p> <p>4. - Character of Outlet Immaterial. A stream may be a natural watercourse although its outlet be over the unchanneled surface of lowland, and not into another watercourse.</p>