Watercourse responsibility

Watercourse responsibilities

A watercourse is any channel through which water flows. This includes rivers, streams, ditches, drains, cuts, culverts, dikes, sluices and sewer passages (but not public sewers). If you own land that a watercourse runs through, or even next to, you are known as a riparian owner and are responsible for your section of the watercourse.

Ordinary watercourse vs Main rivers

A Risk Management Authority (RMA) is an organisation that investigates, assesses and manages the risks associated with an area that they have been made responsible for. There are multiple RMAs for different aspects of flooding in the UK. Watercourses are broken down into two different categories with two different RMAs, seen below.

The Environment Agency (EA) are the RMA for main rivers. You can see every main river in the UK in the EA's main river map. Their responsibilities include all flooding associated from main rivers.

As the Lead Local Flood Authority (LLFA), The Royal Borough of Windsor and Maidenhead Council (RBWM) are the RMA for ‘ordinary watercourses’. These are simply any watercourse that is not designated as a main river.

Am I responsible?

The responsibilities of a Riparian Owner can vary depending on the location of a watercourse, described below.

1. The watercourse runs directly through your land/property. This means you are responsible for the entire section that flows within your land.
2. The watercourse  runs adjacent to your property (and no other property). This means that you are responsible for the entire section that flows adjacent to your land.
3. The watercourse  runs adjacent to yours and another property. This means that you are responsible for the section that flows adjacent to your property, but only the half of the channel width that is closest to your property.

Responsibilities of a riparian owner

If you qualify as a ‘riparian owner’, you have several responsibilities these are covered in the Land Drainage Act (1991) and are highlighted below. As a riparian owner you must:

• Maintain the bed and banks of the channel, keeping them clear of obstructions to flow.
• Maintain the flow of any culverted or piped watercourses.
• Keep any structure within the watercourse free of debris, including trash screens, weirs, culverts and mill gates.
• Not cause any obstructions, temporary or permanent that would stop fish passing.
• Not allow the watercourse to become polluted. This includes putting garden waste into the channel.
• Control invasive species (such as Japanese knotweed)
• Make sure any work is in keeping with the natural river system – work must not damage wildlife, and every opportunity should be sought to improve habitats.

Enforcement

As LLFA, under Section 25 of the Land Drainage Act (1991), RBWM have the power to require works for maintaining the flow of a watercourse. This generally happens when flooding occurs as a result of riparian owners not fulfilling their responsibilities.

In many cases, this can be resolved by a discussion with the landowner. However, in more serious cases, or where a landowner is not complying with the request, notice can be served on them to complete specified works by a selected date.

Should the landowner fail to comply with this request, RBWM can arrange for the works to be carried out themselves, before recovering the cost of this from the landowner. The landowner may also face prosecution for failure to comply with the notice.

Works within an ordinary watercourse

Any works that affect the flow of an ordinary watercourse require consent from RBWM council, even if they are only temporary. This could include installing a culvert, bridge, dam, pond or other structure that would change the banks or alignment of the watercourse.

More information on this, including a link to the application form, can be found on the ordinary watercourse consent webpage.