WATER

water. 1. The transparent liquid that is a chemical compound of hydrogen and oxygen (H2O).2. A body of this liquid, as in a stream, river, lake, or ocean.

backwater. Water in a stream that, because of a dam or obstruction, cannot flow forward and sometimes flows back. [Cases: Waters and Water Courses  53, 159–175. C.J.S. Waters §§ 20, 25–27, 33–47, 59–60, 297–307, 311–318, 321–327.]

coast water.Tidewater navigable by an ocean vessel; all water opening directly or indirectly into the ocean and navigable by a vessel coming in from the ocean. — Also termed coastal water.

developed water.Water brought to the surface and made available for use by the party claiming the water rights.

diffused surface water.Water, such as rainfall runoff, that collects and flows on the ground but does not form a watercourse. • Surface water is usu. subject to different regulations from water flowing in a watercourse. — Often shortened to surface water. See COMMON-ENEMY DOCTRINE; WATERCOURSE. [Cases: Waters and Water Courses  115. C.J.S. Waters § 254.]

excess water.Water that is flowing in a stream in addition to what may be termed adjudicated waters; any water not needed for the reasonable beneficial uses of those having priority rights. — Also termed surplus water. floodwater. Water that escapes from a watercourse in large volumes and flows over adjoining property in no regular channel.

foreign water.Water belonging to another nation or subject to another jurisdiction. groundwater. Water found in layers of permeable rock or soil. inland waters.See INTERNAL WATERS. internal waters.See INTERNAL WATERS. navigable water.See NAVIGABLE WATER. navigable water of the United States.See NAVIGABLE WATER.

percolating water.Water that oozes or seeps through the soil without a defined channel (such as rainwater or other water that has lost its status as part of a stream). • Percolating water usu. constitutes part of the land on which it is found. [Cases: Waters and Water Courses  101. C.J.S. Waters §§ 193, 195–197, 201–204.]

posted water.(usu. pl.) A body of water that is reserved for the exclusive use of the person who owns the land surrounding it. • The owner secures the exclusive use by posting a notice prohibiting others from using the water.

private water.Nonnavigable water owned and controlled by one or more individuals and not subject to public use. • If a body of water is small and of little or no practical value for general public use, it is considered private.

public water.Water adapted for purposes of navigation or public access.

subterranean water.Water that lies or flows beneath the earth’s surface and that is not

artificially confined. [Cases: Waters and Water Courses  99. C.J.S. Waters §§ 190–192.]

surface water.Water lying on the surface of the earth but not forming part of a watercourse or

lake. • Surface water most commonly derives from rain, springs, or melting snow.

surplus water. 1. Water running off irrigated ground; water not consumed by the irrigation

process. 2. See excess water.

territorial waters.The waters under a state’s or nation’s jurisdiction, including both inland waters and surrounding sea (traditionally within three miles of the coastline). — Also termed marine belt; maritime belt.

tidewater. See TIDEWATER.

wastewater. 1. Water that escapes from the canals, ditches, or other receptacles of the lawful claimant; water that is not used by the appropriator and is permitted to run off the appropriator’s property. 2. Water that is left over, esp. after a chemical or manufacturing process.

1671) who primarily collects dues for fish taken out of the colony’s waters.
[Blacks Law 8th]