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What is a watercourse?
A watercourse can be any stream of water flowing in a defined channel or through an underground pipe or culvert. It can be small or wide, natural, or artificial and includes channels that are dry for long periods of time and may not flow every year. A dry channel only filled during temporary flooding is not a watercourse.
Some watercourses in England are designated as ‘main rivers’. These tend to be larger rivers and streams with the highest flood risk, although in some cases they can be small watercourses or drainage channels. The Environment Agency, using its permissive powers, can carry out maintenance, improvement, or construction work on main rivers to manage flood risk and protect the environment. As these powers are permissive only, the Environment Agency is not obliged to carry out either maintenance or new works on main rivers. The Environment Agency also has permitting and enforcement powers for the same purpose.
For all other watercourses, called ‘ordinary watercourses’, similar powers lie with the lead local flood authority, local council, or internal drainage board.