Updated 15/8/2009
Datchet Common Brook.
Is this really a critical watercourse?
This picture below (taken
20/7/09) shows the Datchet Common Brook adjacent to the Horton Road, Datchet.
So who is responsible?
Datchet Common Brook is designated Main River, therefore the Environment Agency
is responsible for ensuring that it is properly maintained.
The borough is Royal Borough of Windsor & Maidenhead.
The riparian owner is Thames Water.
This picture below (taken
30/10/2008) shows the Datchet Common Brook adjacent to the Horton Road, Datchet.
This watercourse was last cleaned in April 2006
This watercourse was last cleaned in April 2006 after a
burst water main caused the ditch to be filled with gravel.
This is how the watercourse looked in April 2006
Response from Kate Wilcox of the Environment Agency -
received 4/11/2008
Dear Ewan,
I've just come across your website and had a
look through and found the "Is this really a critical watercourse?"
page relating to Datchet
Common Brook.
In
response to the comment "So who is responsible? Datchet Common
Brook is designated Main River, therefore the Environment Agency is
responsible for ensuring that it is properly maintained." This is
incorrect, the main party responsible for the maintenance of a water course
is the riparian land owner, who are presumed to own the land up to the
centre of the watercourse – unless it is known to be owned by someone else.
As the riparian land owner part of your duty of care for the water course is
outlined 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. See 'Flood defence consents' link below for information on
consent for these works. Your local authority can give you advice on the
removal of 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.
- You are responsible for protecting your
property from water that seeps through natural or man-made banks. Where
such seepage threatens the structural integrity of a flood defence, we may
wish to see that it is repaired.
- You must control any invasive alien species
such as Japanese knotweed. If you suspect such a species is present, please
get in touch. We can advise you on how to manage and control these species.
- If you do not carry out your
responsibilities, you could face a legal action.
These responsibilities are set out in common law
and clearly states that it is the land owners duty to keep the channel clear
of debris.
Details of this legislation is easily available to you on our website and I
advise you check your information before making rash statements to the
public. If you made this information clearly available on your site it may
help us to inform land owners of there duty of care and aid in the
maintenance of our waterways, possibly resulting in fewer incidents of
flooding.
Regards,
Kate
Kate Wilcox
Flood Risk Mapping and Data
Management Team Member
Tel:
0113 2134795 (Int: 7284795)
Environment
Agency
Phoenix House
Global Avenue
Leeds LS11 8PG
Part of the Environment Agency's
Yorkshire and North East Region
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