F&WB – response – watercourses/rivers – Ewan Larcombe – 24/7/09– Page 1 of 6
Conclusion:-
Effective drainage reduces the probability of flooding. While the Draft F&WB clarifies the split powers and responsibility for watercourses, there is still no DUTY to maintain them.
In particular, since the EA took control of CoWs in 2004 and re-designated them as ‘MainRiver’, maintenance here has been neglected. In order ‘to minimise the risk of a repeat of the floods in Summer 2007’(F&WB page 34), both ordinary watercourses and Main Rivers must be properly maintained.
Interestingly, two ordinary watercourses in Wraysbury were identified as CoWs, but then never taken over by the EA. Are these watercourses critical or not?
In 2004, the Environment Agency consulted on the enmainment of Critical Ordinary watercourses (CoWs)
CoWs are ordinary watercourses that present the greatest flood risk and which the EA and their current operating authorities agree are critical because they have the potential to put at risk from flooding large numbers of people and property.
(EA Thames Region report T/RFDC/04/03 dated 15/1/2004)
The purpose of the enmainment was to transfer responsibility for those watercourses from the local authority to the EA.
In the Thames Region there were about 450 watercourses (total length about 4,000 km transferred from local authorities and re-designated ‘MainRiver’.
The EA have the power to maintain main rivers, but no duty to maintain.
The EA are moving away from the maintenance of hard defences towards soft ‘flood risk management’ practices i.e. maps and warnings.
Local authorities are elected and answerable to the electorate.
Being a quango, the Environment Agency is not accountable to thse people who pay their wages.
The Draft F&WB determines responsibility for ordinary watercourses and Main Rivers, but fails to clarify any Environment Agency duty to keep Main Rivers in good condition.
The F&WB states: The Bill will ensure that, for the first time, one body is accountable for the delivery of coordinated local flood risk management so as to minimise the risk of a repeat of the floods in Summer 2007.(p 34)(pdf. 36 of 363)
The F&WB also states:
Local flood risk covers flooding from an ordinary watercourse, surface runoff and groundwater.(page 34)(pdf. page 36 of 363)
So what about ‘main rivers’????
Supporting evidence:
Draft F&WB - page 13 (pdf.page 15 of 363)
Current framework for flood and coastal erosion risk management
10. The law on flood and coastal erosion risk management was largely established in the 1930s and 1940s. Later legislation has consolidated and updated this earlier law but without fundamentally changing it and is still often concerned with improving the effectiveness of land drainage, for example, by a series of Internal Drainage Boards and other local bodies. Flood defence has come more to the fore but as part of the definition of ‘drainage’.
In particular current legislation does not fully reflect:
• the creation of the Environment Agency (and before it the National Rivers Authority) as a single, national body responsible for flood defence from main rivers and the sea, rather than a series of local or regional bodies;
• climate change and other pressures which require a broader range of approaches to managing flood and coastal erosion risk rather than just ‘defence’;
• a desire to integrate flood risk management with objectives such as environmental, cultural and social interests;
• the fact that since April 2004 most funding for the EA’s flood works now comes from direct Defra and Welsh Assembly Government grants rather than through levies on local authorities by Regional Flood Defence Committees;
Draft F&WB - page 29 (pdf. page 31 of 363)
Current Position
91. The Environment Agency (EA) was established as an England and Wales body under the Environment Act 1995, and inherited a range of flood defence responsibilities principally in the Water Resources Act 1991. These relate to defending against flooding from main rivers and the sea, and related activity including providing flood warnings and flood mapping. These powers are limited to ‘flood defence’ activities rather than a wider range of activity for managing flood risk.
Draft F&WB - page 33 (pdf. page 35 of 363)
Current position
115. For flood risk management purposes, all watercourses17 in England and Wales are either: “main rivers”, which are designated as such on main river maps and for which the EA hasresponsibility; or“ordinary watercourses”, which are all other watercourses and which are theresponsibility of local authorities or, where they exist, Internal Drainage Boards (IDBs).
Draft F&WB - page 34 (pdf. page 36 of 363)
2.4 Local flood risk management (Clauses 19-22 and 42-49)
The Bill will ensure that, for the first time, one body is accountable for the delivery of coordinated local flood risk management so as to minimise the risk of a repeat of the floods in Summer 2007. Local flood risk covers flooding from an ordinary watercourse, surface runoff and groundwater.
Draft F&WB page 34 (pdf. page 36 of 363)
Current Position
122. Well established arrangements exist for managing flood risk from rivers and the sea but there are no mechanisms that enable an integrated approach to planning and managing the environmental impact of all forms of flood risk, as demonstrated below:
• the EA has powers to manage flood risks from main rivers and the sea, and has a general supervisory responsibility for coastal and river flooding. It also has duties to protect water resources and water quality;
• district and unitary local authorities have powers to manage flood risk from ordinary watercourses (in areas where no IDB exists).These councils may also manage sea flooding, concurrently with the EA;
• IDBs are responsible for land drainage and water level management within defined drainage districts, mostly in low-lying rural areas, and for ordinary watercourses in their areas;
• water companies have a duty (under Section 94 of the Water Industry Act 1991) to provide and maintain a system of public sewers so that the areas for which they are responsible are effectually drained; and
• the Highways Agency maintains drainage from the strategic road network (trunk roads and motorways) while county and unitary authorities undertake this work on local roads.
276. In relation to local flood risk, once significant risk decisions have been agreed, local authorities will be required to produce maps and plans. Where local flood risk is exacerbated by flooding from a main river, the sea, a reservoir or catchment scale surface run-off, local authorities should map the combined consequences, consulting with the EA as appropriate. We propose that the EA should produce guidance and a detailed mapping specification to help local authorities do this.
Draft F&WB - page 86(Pdf. Page 88 of 363)
459. Under section 25 of the Land Drainage Act 1991, drainage bodies (local authorities and IDBs) are able to issue notices obliging work to be carried out to remedy any obstruction.
These can be issued to bodies that have control over the watercourses or to people who caused the obstruction, but they can also be issued to riparian owners.
Draft F&WB - page88 (Pdf. Page 90 of 363)
Expanding the remit of the ALT
478. Currently, the powers of the ALT on drainage extend only to ditches. We propose that they should be expanded to include all ordinary watercourses and perhaps main river also.
Draft F&WB – Annex C - page 158 (Pdf. Page 160 of 363)
Main river – is a watercourse shown as such on a main river map and for which Environment Agency has responsibility.
Ordinary Watercourse – all Watercourses that do not form part of a main river, and which are the responsibility of local authorities or, where they exist, internal drainage boards.
Draft F&WB - Part 1 - page 14(Pdf. Page 178 of 363)
8 “Main river”
“Main river” has the meaning given by section 113 of the Water Resources Act 1991.
9 “Ordinary watercourse”
“Ordinary watercourse” means a watercourse that does not form part of a main river.
Draft F&WB - Part 1 page 20(Pdf. Page 184 of 363)
34 Power to carry out work
(1) The Environment Agency may carry out structural or environmental work if the following conditions are satisfied.
(2) Condition 1 is that the Agency thinks the work desirable having regard to the national flood and coastal erosion risk management strategy under section 15.
(3) Condition 2 is that the purpose of carrying out the work is to manage a flood risk from –
(a) the sea, or
(b) a main river.
Draft F&WB Annex transposition note - page 59 (Pdf. Page 327 of 363)
15. Note that in the draft Bill responsibility for flood risk management is divided between the Environment Agency, which leads on ‘national level flood risk, i.e. main river, sea and reservoir flooding, and unitary and county authorities which are responsible for flood risk from surface water, groundwater and ordinary watercourses. This division of responsibilities is reflected in the clauses that implement the Directive.
Draft F&WB Summary of Impact Assessment page 53 (Pdf. Page 321 of 363)
447. Part 1 of the draft Bill provides for the Environment Agency to have overall responsibility for supervising the management of flood and coastal erosion risk in England. It makes local councils responsible for supervising the management of flood risk relating to surface runoff, groundwater and ordinary watercourses. It imposes duties on the Environment Agency and certain councils to assess flood risk and plan for its management.
Photograph taken 20/7/2009 – The Myrke, Eton Road, Datchet.
This MainRiver is owned by the Environment Agency
Photograph taken 20/7/2009 – Datchet Common Brook, Majors Farm Road, Datchet. This MainRiver is owned by Thames Water
Photograph taken 20/7/2009 – Datchet Common Brook, Horton Road, Datchet. This MainRiver is owned by Thames Water
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