Dayley v. City of Burley

I am unable to agree with the majority’s holding because of its adverse consequences on the lands of persons through which periodic streams or drainages flow.

This action concerns the right of the City of Burley to use the waterbed of Goose Creek for drainage of its storm drains. As it originally existed, Goose Creek was a natural stream that flowed northerly from the mountains south of Oakley until it emptied into the Snake River. A watercourse has been defined by this Court as,

“A watercourse is a stream of water flowing in a definite channel, having a bed and sides or banks, and discharging…