11/20/2022
Natural Watercourses - copied from the OMAFRA page under "10 common law drainage problems..."
Of course, the pictures didn't copy but I can direct anyone to the website if clarification is needed.
"Almost the whole definition of a natural watercourse is founded on the saying aqua currit et debet currere, or "water flows naturally and should be permitted thus to flow". A natural watercourse is defined generally as "a stream of water which flows along a defined channel, with a bed and banks, for a sufficient time to give it substantial existence". See Figure 1. It must, on casual examination, "present the unmistakable evidence of the frequent action of running water". It is not essential that the supply be continuous, or form a perennial living source for flora or fauna. It is enough if "the water rises periodically from natural causes and reaches a plainly defined channel of a permanent character". One can usually identify a natural watercourse on an aerial photo or a topographic map. See Figure 2. A natural watercourse "does not cease to be such if at a certain point it spreads out over a level area and flows for a distance without defined banks before flowing again in a defined channel". Often, it is "the valley through which the stream runs, and not its low level or low water channel, which is the water course". If water is in a natural watercourse, it must be permitted to flow.
A natural watercourse with a defined bed, banks and sufficient flow.
Figure 1. A natural watercourse with a defined bed, banks and sufficient flow.
A natural watercourse shows up on an aerial photo (left) and topographical map (right).
Figure 2. A natural watercourse shows up on an aerial photo (left) and topographical map (right).
Farmers, and others, often have their own ideas about what is or isn't a natural watercourse. Obvious examples of natural watercourses in Ontario include: the St. Lawrence River, the Niagara River, and the Grand River. Many creeks and streams might also be considered to be natural watercourses. However, private ditches and channels across low areas on one's own property are not usually considered to be natural watercourses. See Figure 3. The courts have the final say on whether a channel is a natural watercourse or not. Everyone else can only offer an opinion.
A private ditch or channel across a low area is not usually considered to be a natural watercourse.
Figure 3. A private ditch or channel across a low area is not usually considered to be a natural watercourse."
