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An ordinary watercourse is one of the two types of
watercourse
A stream is a continuous body of surface water flowing within the bed and banks of a channel. Depending on its location or certain characteristics, a stream may be referred to by a variety of local or regional names. Long large streams ...
in statutory language in
England
England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...
and
Wales
Wales ( cy, Cymru ) is a Countries of the United Kingdom, country that is part of the United Kingdom. It is bordered by England to the Wales–England border, east, the Irish Sea to the north and west, the Celtic Sea to the south west and the ...
. Ordinary watercourses include every
river
A river is a natural flowing watercourse, usually freshwater
Fresh water or freshwater is any naturally occurring liquid or frozen water containing low concentrations of dissolved salts and other total dissolved solids. Although the ...
,
stream,
ditch
A ditch is a small to moderate divot created to channel water. A ditch can be used for drainage, to drain water from low-lying areas, alongside roadways or fields, or to channel water from a more distant source for plant irrigation. Ditches a ...
,
drain, cut,
dyke
Dyke (UK) or dike (US) may refer to:
General uses
* Dyke (slang), a slang word meaning "lesbian"
* Dike (geology), a subvertical sheet-like intrusion of magma or sediment
* Dike (mythology), ''Dikē'', the Greek goddess of moral justice
* Dikes, ...
,
sluice
Sluice ( ) is a word for a channel controlled at its head by a movable gate which is called a sluice gate. A sluice gate is traditionally a wood or metal barrier sliding in grooves that are set in the sides of the waterway and can be considered ...
,
sewer (other than a public sewer) and passage through which water flows and which does not form part of a
main river
Main rivers () are a statutory type of watercourse in England and Wales, usually larger streams and rivers, but also some smaller watercourses. A main river is designated by being marked as such on a main river map, and can include any structure o ...
. An
internal drainage board
An internal drainage board (IDB) is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management withi ...
where relevant, or lead
local authority
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
has permissive powers to carry out
flood defence
Flood control methods are used to reduce or prevent the detrimental effects of flood waters."Flood Control", MSN Encarta, 2008 (see below: Further reading). Flood relief methods are used to reduce the effects of flood waters or high water level ...
works for ordinary watercourses at their discretion.
Definition
An ordinary watercourse is one of the two types of watercourse as set out by statute in England and Wales. Ordinary watercourses include every river, stream, ditch, drain, cut, dike/dyke, sluice, sewer (other than a public sewer) and passage through which water flows and which does not form part of a
main river
Main rivers () are a statutory type of watercourse in England and Wales, usually larger streams and rivers, but also some smaller watercourses. A main river is designated by being marked as such on a main river map, and can include any structure o ...
. The internal drainage boards or local authorities have permissive power to carry out flood defence works for them at their discretion.
[Explanation of terms on the Environment Agency's website]
Flood risk management
Lead Local Flood Authorities have lead responsibility for
managing the risk of flooding from surface water, groundwater and ordinary watercourses. They have permissive power to carry out flood defence works at their discretion. This implies that a residual responsibility to maintain ordinary watercourses, and to report any issues with them to lead local flood authorities, (county councils or unitary authorities) rests in
tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishabl ...
with
riparian owners, that is owners of land adjoining such watercourses. Such watercourses were historically defined as non-navigable watercourses however their designation has changed to those watercourses not included on a 'main rivers map' and whose bed is not owned by an authority.
[
]
Critical Ordinary Watercourse
Critical Ordinary Watercourses (COWs) are a subdivision of ordinary watercourses, certain anti-flooding responsibility for which was assumed by the Environment Agency
The Environment Agency (EA) is a non-departmental public body, established in 1996 and sponsored by the United Kingdom government's Department for Environment, Food and Rural Affairs, with responsibilities relating to the protection and en ...
. They were created following Defra's Flood and Coastal Defence Funding Review published in February 2003. The transfer to EA of approximately 1,800 watercourses has now been completed in three phases (1 November 2004, 1 April 2005, and 1 April 2006). In some cases the EA has assigned their requisite day-to-day operational work to internal drainage board
An internal drainage board (IDB) is a type of operating authority which is established in areas of special drainage need in England and Wales with permissive powers to undertake work to secure clean water drainage and water level management withi ...
s and local authorities
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
and in many cases the EA reassigned this to one or both types of these organisations, having previously taken on such work before the designation of the COW.Implementing the conclusions of the Flood and Coastal Defence Funding Review Final outturn report, 29 March 2004
DEFRA
See also
*
Main river
Main rivers () are a statutory type of watercourse in England and Wales, usually larger streams and rivers, but also some smaller watercourses. A main river is designated by being marked as such on a main river map, and can include any structure o ...
*
Riparian water rights
Riparian water rights (or simply riparian rights) is a system for allocating water among those who possess land along its path. It has its origins in English common law. Riparian water rights exist in many jurisdictions with a common law herit ...
*
Navigation authority A navigation authority is a company or statutory body which is concerned with the management of a navigable canal or river.
Rights of a navigation authority
Whilst the rights of individual authorities vary, a navigation authority will typically hav ...
References
{{Reflist
Watercourses
Flood control in the United Kingdom