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ARTICLE · 12 DECEMBER 2013

Tales From The River: Watercourses

This briefing provides an overview of ownership of, rights and responsibilities in relation to and development works to land adjoining, above or including watercourses.

United KingdomReal Estate and Construction

Summary and implications

This briefing provides an overview of ownership of, rights and responsibilities in relation to and development works to land adjoining, above or including watercourses.

Watercourses

What is a watercourse?

A watercourse is any surface or subterranean natural or artificial channel through which water flows, e.g. a beck, brook, culvert, ditch, mill stream or river.

What is an "ordinary" watercourse and who manages them?

An ordinary watercourse is every river, stream, ditch, drain, culvert, dyke, sewer (other than a public sewer) and passage, through which water flows, but which does not form part of a main river. Defra makes the decision as to which watercourses are main rivers in England, the Welsh Government doing so in Wales. In an internal drainage district area (about 10 per cent of the country), where the Environment Agency (EA) acts as the internal drainage board, it undertakes ordinary watercourse regulation. Where the

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