continuing WATERCOURSES – if a stream is not navigable, the state still owns the water, but minerals below belong to the owner. A stream may be navigable-in-law or navigable-in-fact. Navigable-in-law is at least 30 ft in width, but no water needs to flow. Navigable-in-fact is less than 30 ft across, but can be used as a highway for commerce in usual modes. (4) PERCOLATING GROUNDWATER – usually underground water oozing, seeping or filtering through the soil with no definite course. Used by ranchers & farmers. In a sale of land water rights have to be mentioned as a mineral or stay with present owner. The rule of capture governs the production of percolating groundwater just as it does oil and gas. PART 4 FINISHED THIS DISCUSSION.