§ 23-5-202 — "Fishing preserve waters" defined

"Fishing preserve waters" means any artificial or man-made body
of water not exceeding one hundred (100) surface acres, lying
wholly within the boundaries of privately owned lands, operated
for the purpose of permitting the owner to provide fishing
facilities for fishermen. It does not include natural streams,
natural ponds or waters impounded by the damming of natural
streams with a normal stream flow in excess of five (5) second
feet. It is unlawful to use such natural waters as a fishing
preserve. The sources of water for fishing preserve waters are
limited to surface runoff, natural springs, wells, or waters
lawfully diverted from a natural stream, or the damming of
natural streams with a normal stream flow of five (5) second
feet or less.