What are percolating waters?

Percolating waters refer to the underground waters that are not confined to specific boundaries, making their flow and presence somewhat ambiguous. These waters typically flow through soil and rock formations and are not designated to a single owner or fixed location, distinguishing them from surface waters and other specified water sources.

This definition is crucial because percolating waters can influence groundwater supply and are subject to regulations that differ from surface water rights. Understanding the nature of percolating waters helps clarify water rights issues, particularly in states like Nevada, where water law can be complex due to the interactions between surface and underground water resources.