Section 61-01-06 - Watercourse and waterway - Definitions1. A watercourse entitled to the protection of the law is constituted if there is a sufficient natural and accustomed flow of water to form and maintain a distinct and a defined channel. The supply of water is not required to be continuous or from a perennial living source. The criteria for constituting a watercourse are satisfied if the flow arises periodically from natural causes and reaches a plainly defined channel of a permanent character. If requested by a water resource board, the department of water resources shall determine whether a watercourse is constituted.2. For purposes of this title, unless the context otherwise requires, "waterway" means a natural, geologic feature that conveys surface water over land.Amended by S.L. 2023 , ch. 569( SB 2036 ), § 2, eff. 7/1/2023.Amended by S.L. 2021 , ch. 488( HB 1353 ), § 29, eff. 8/1/2021.