Evidence – Plats

The testimony of an expert surveyor, including the plats prepared by him, negate any notion of a natural drain or watercourse which is defined as “[a]ny depression or draw two feet below the surrounding lands and having a continuous outlet to a stream of water, or river or brook.” (Neb.Rev.Stat. §31-202 (Reissue 1978)). Barry v. Wittmersehouse, 212 Neb. 909, 327 N.W.2d 33 (1982). At least some of the distinctive attributes of a watercourse must be demonstrated to constitute an exception to the general rule that surface water may be repelled. Barry v. Wittmersehouse, 212 Neb. 909, 327 N.W.2d 33 (1982); Muhleisen v. Krueger, 120 Neb. 380, 232 N.W. 735 (1930).