This definition was considered in Toporowski v. Farrell, [1995] B.C.J. No. 2629 (B.C.C.A.). This decision was a judicial review of a decision of a Deputy Comptroller on appeal from an order by a regional water manager. The facts are that the petitioner placed material on a part of his property that bordered on a stream. It was a low-lying depression that only contained water in summer months. The water accumulated from melting snow and then spring inflow from the river. The water served as temporary habitat for salmon and other fish. As the spring flood receded, the water flow reversed and flowed back into the Thompson River, leaving the land. There were no permanent markings of a bed or banks although there may have been some artificial channeling done with culvert installation. The petitioner placed some fill and trees in the area without authorization so that he could have access to a mobile home site.
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