A lesson on water boundaries: Part III.

Statistical Averaging: While there are cases in which the court has accepted this method in determining the OHWL (see, e.g., Snake River Ranch v. United States, 395 F. Supp. 886 (Wyo. 1975); Motl v. Boyd, 286 S.W. 458 (Tex. 1926)), they are in the minority. In most cases where the court has found this method to be acceptable it has been where there is a delta involved, or an extreme curvilinear configuration to a river where, in either setting, flows tend to fluctuate drastically from heavy runoff during the wet season to a mere trickle during the dry months. Here the alternating inundation and recession of the water’s flow varies considerably over a vast area horizontally, making application of the doctrine of accretion difficult at best.