Main rivers, ordinary watercourses and viewed rhynes.
Main Rivers
Main Rivers are normally the principle or arterial watercourses in an area and are designated as such on maps held by the Department for Environment, Food and Rural Affairs and the Environment Agency. The term also includes any structures in the bed or bank for controlling or regulating the flow of these watercourses. The Environment Agency has permissive (not mandatory) powers to carry out maintenance and improvement works on Main Rivers.
Any works in or near Main Rivers require the consent of the Environment Agency under either their Byelaws or Section 109 of the Water Resources Act 1991. The Board will be happy to advise you if this applies to your application.
Ordinary Watercourses
The term ordinary watercourse describes all the remaining watercourses that are not Main Rivers. These may include all tributaries, streams, rhynes, ditches and those watercourses that have been culverted or piped. The Board and District Councils have certain regulatory powers to control activities on all Ordinary Watercourses. Under Section 23 of the Land Drainage Act 1991, any proposals to construct or alter any mill dam, weir or similar obstruction to flow require consent from the Board. The erection of, or alteration to, a culvert likely to affect the flow also requires consent from the Board.
The Board has Land Drainage Byelaws, which require persons to obtain the Board?s consent for activities within 9 metres of an ordinary watercourse. Such activities include the erection of fences, the construction of bridges or culverts, the placing of pipes or cables over or under viewed rhynes, tree planting, disposal of rubbish, excavation affecting the bed and banks of viewed rhynes, the erection of jetties or walls, etc. Copies of the Byelaws are available on request. Depending on the size and location of an Ordinary Watercourse the Board may waive its right to consent the works if the impacts of the proposals are insignificant.
The Board has permissive (not mandatory) powers to carry out maintenance and improvement works on Ordinary Watercourses, however work is normally restricted to the Viewed Rhyne network.
Viewed Rhynes
Viewed Rhynes are Ordinary Watercourses (both open or culverted) that undertake a significant function in the drainage or irrigation of an area. Viewed Rhynes are maintained by the Board on a regular or infrequent basis. The Board undertakes its consenting and enforcement powers on all Viewed Rhynes. A map showing these rhynes can be inspected at the Consortium office in Highbridge office. The term also includes any structures in the bed or banks for controlling or regulating the flow of these watercourses. The Board has permissive (not mandatory) powers to carry out maintenance and improvement works on Viewed Rhynes. The Board designates watercourses as Viewed Rhynes by Board resolution.
Watercourse
A watercourse is defined in the Land Drainage Act 1991 as
'watercourse' includes all rivers and streams and all ditches drains, cuts, culverts, dikes, sewers other than public sewers within the meaning of the Water Industry Act 1991) and passages , through which water flows.
The Act does not state that water must flow through the watercourse at all times to be a watercourse.
