A draw or drainway that is simply a natural depression for the drainage of surface waters running from winter snows or spring rains or other rains upon tributary lands and which serves that purpose occasionally and temporarily and which does not possess the characteristics of a definite bed or channel or of a permanent source of water supply, either continuous or periodic, and which is otherwise used or is capable of use for agricultural purposes, is not a watercourse.

If, however, a waterway has all of the essential characteristics of a watercourse as defined in these instructions, it may still be a watercourse, notwithstanding cultivation, if cultivation is carried on contrary to practices of good husbandry.