Riparian rights and responsibilities
In the hierarchy of water courses, the Environment Agency (EA) is responsible for ‘main rivers’.
Within their districts, the Internal Drainage Boards (IDBs) are responsible for major drainage channels to manage water levels for land management, flood risk management, irrigation and environmental benefits. Information on IDBs can be found on the Association of Drainage Authorities website.
Riparian watercourses
Second to main rivers are ‘riparian watercourses’. A watercourse is any natural or artificial channel, above or below ground, through which water flows. This includes a ditch, stream, culvert or pipe. If you own land adjoining or above a watercourse, or with a watercourse running through it, you are a ‘riparian owner’. This brings with it certain rights and responsibilities, which are summarised below.
- You have the responsibility to pass on flow without obstruction, pollution or diversion affecting the rights of others. Others also have the right to receive water in its natural quantity and quality
- You must accept flood flows through your land, even if caused by inadequate capacity downstream. There is no duty in common law for a landowner to improve the drainage capacity of a watercourse
- You must maintain the bed and banks of the watercourse, and also the trees and shrubs growing on the banks. You must also clear any debris, even if it did not originate from your land. This debris may be natural or man-made, and includes litter and animal carcasses
- You must not cause any obstructions – either temporary or permanent – that would prevent the free passage of fish
- You must keep the bed and banks clear of any matter that could cause an obstruction, either on your land or downstream if it is washed away. Please help us to protect water quality – do not use riverbanks for the disposal of any form of garden or other waste where there is any danger that it will be washed into the river. This includes grass clippings, which are highly polluting
- You must keep any structures that you own clear of debris. These structures include culverts, trash screens, weirs and mill gates.