What are flood waters defined as in relation to the ordinary flow of a stream?

Flood waters are defined as those that exceed the typical or ordinary flow of a stream. This understanding is vital for land surveying because it has implications for property rights, land use, and floodplain management.

When considering the definition, flood waters are characterized by their presence above the line of the highest ordinary flow. The highest ordinary flow marks the normal maximum level of water in the stream during typical conditions, so when waters rise above this level, they can be classified as flood waters. This distinction is crucial for various regulations and property law regarding water rights and land ownership adjacent to waterways.

Recognizing the nature of flood waters is essential for surveyors, especially in Texas, where landowners may have different rights regarding the use of water that flows on or near their property. Understanding the legal framework around flood waters helps in both planning and compliance with zoning and environmental regulations, especially in areas prone to flooding.