Various agencies have responsibility for the maintenance of watercourses and drainage ditches, to ensure the flow of water for drainage purposes. The responsibilities in England and Wales are outlined below. Contact SEPA or DOE (NI) for details regarding Scotland and Northern Ireland respectively.
EA has permissive powers to maintain ‘main rivers’, as covered under the Water Resources Act 1991. The Internal Drainage Boards have similar permissive powers on designated ‘main drains’.
Management of other ‘ordinary watercourses’, including smaller streams, ditches, drains and dykes, are the responsibility of the landowner fronting the watercourse. Under the Land Drainage Act 1991, EA, Internal Drainage Board or local authority have powers to require landowners to carry out maintenance work if the proper flow of water is impeded. Under the same Act, consent is needed from EAto construct any structure which might obstruct or affect flows, including dams, weirs, mills, channel diversions and culverts.
