Managing a Watercourse - Eye on Calderdale

Picture shows how to manage a watercourse well by installing correct drainage.

What is a riparian landowner?

If you live by or own property next to a watercourse or have one flowing through your land, you are a riparian landowner.

This means you have specific 'riparian' rights and responsibilities that have been established in common law for many years.

If the watercourse runs through your land you are usually responsible for the whole stretch.

If a neighbour owns the land on the other side you are both likely 'joint riparian owners' for that section.

Unless your property deeds show otherwise, it is always assumed that each person owns the area up to the centre line of the watercourse.

Calm river with woodlands surrounding the river bank.

Riparian rights and responsibilities

A riparian owner is responsible for accepting water from their upstream neighbour and transferring it – along with any existing drainage from their own property – freely, to their neighbour downstream. More responsibilities of the riparian landowner are detailed as follows:

You must let water flow through without obstruction, pollution, or diversion.
You must accept flood water through your land, even if it is caused by inadequate capacity downstream. While you have the right to protect your property from flooding, you must agree on plans with the appropriate authority beforehand.
You must maintain the bed and banks of the watercourse (including trees and shrubs growing on them). You are responsible for clearing any debris, natural or man-made (including litter and animal carcasses) even if it didn’t originate on your land.
You must not cause any obstructions that would prevent the free passage of fish.
You must keep the bed and banks clear of any matter that could cause a blockage. Rivers and their banks should never be used to dispose of garden or other waste.
You must keep any structures on your property clear of debris. This includes culverts, trash screens, weirs, and mill gates.

Useful resources

Depending on the type of watercourse, you must report issues to either the Environment Agency or Calderdale Council and get consent from the appropriate body in order to undertake any work.

Download the Managing a Watercourse leaflet for an overview of the rights and responsibilities of a riparian owner and a list of useful resources.

Main rivers vs. ordinary watercourses

A main river is defined as a watercourse shown as a ‘main river’ on a main river map.

An ordinary watercourse is every river, stream, ditch, drain, cut, dyke, sluice, sewer (other than a public surface water sewer or highway drain) and passage through which water flows, but which does not form part of a main river.

These occur naturally, and they serve to drain the land and help support animal and plant life.

In normal conditions the watercourse may be a dry channel in the ground, but in storm conditions it may become a raging torrent.

Changing or working on a watercourse

If you plan to carry out any works on a watercourse other than general cleaning and routine maintenance (like removing weeds or debris), you must get approval before starting any work.

For ordinary watercourses

Plans must be approved by Calderdale Council as the Lead Local Flood Authority. To apply for ordinary watercourse consent, you can:

Email: [email protected]
Call: 01422 288002

For main watercourses (larger rivers or streams)

The Environment Agency is responsible for authorising works and carrying out enforcement. To apply for an environmental permit, you can:

Email: [email protected]
Call: 03708 506 506

The Environment Agency has a page explaining your rights and responsibilities as a riparian owner in more detail.

Close-up view of a shallow river with clear water revealing smooth stones on the riverbed.

What happens if ordinary watercourses are not maintained?

As a riparian owner, you must not cause or allow a nuisance to continue, such as blocking the flow of water by letting the channel become blocked.

Calderdale Council is not responsible for land drainage (except on land it owns). However, the Council does have permissive powers. If a blocked watercourse creates a flood risk or health hazard, they can serve a legal notice on individuals and carry out the necessary works themselves at the owner's expense.