Functions and Powers
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MARKET WEIGHTON DRAINAGE BOARD FUNCTIONS
Market Weighton Drainage Board is an Internal Drainage Board established by MAFF. Its predecessor authorities date back to an Act of Parliament dated 1772 which first created the combined Market Weighton Canal Navigation and Drainage.
The Board is responsible for supervising and regulating all matters of land drainage within its District comprising 20,000Ha of mainly agricultural land including several villages of up to 3000 population. This Drainage district is situated on the North bank of the Humber Estuary between Faxfleet and Brough.
The Board derives its powers from the Land Drainage Act 1991 supported by local Byelaws approved by MAFF. It operates as an independent body but comes under the general supervision of the Environment Agency.
The Board is funded by drainage rates payable by ocupiers of agricultural land and also by a special levy issued on the East Riding of Yorkshire Council which is based on the relative value of all other land in the district.
The Board has an adopted network of some 182km of main arterial watercourses which are directly maintained at the Board's own expense. It also operates nine pumping stations seven of which discharge to main river (River Foulness and Market Weighton Canal), and two of which discharge direct to the Humber Estuary at Crabley Creek.
All water draining from or passing across the district from higher ground beyond its boundaries eventually discharge into the Humber Estuary through three main outfalls. These are the Humber Lock sluices on the Market Weighton Canal, Crabley Creek pumped outfall, and through a sluice at Ellerker Haven, Brough.
Much of the land in the district lies below high tide level in the Estuary. Consequently this land together with several villages is entirely dependant on the Humber Estuary raised defences for protection from flooding. The agricultural industry is also reliant on the efficient operation of the internal land drainage system for its productive capability.
Maintenance operations carried out by the Board include annual flailmowing of inland watercourse embankments, periodic mechanical dredging of channels, control of nuisance weed growth using approved aquatic herbicide, and hand mowing of drainage channels. Revetment work is also carried out to stabilise drain embankments.
The key issues are that as climate change takes place tide levels are known to be rising which further restricts the time available for water to drain from the inland district through the sluices into the Estuary. At the same time more concentrated rainfall results in the drainage system becoming full to capacity in a much shorter time scale. The primary function of the Drainage Board is to ensure that the drainage system is maintained in good order commensurate with handling and discharging these increasing flows both now and in the future.
MARKET WEIGHTON DRAINAGE BOARD POWERS AND RESPONSIBILITIES
The powers and responsibilities of IDBs are derived principally from the Land Drainage Act 1991. Local Byelaws are also in place which provide protection for local watercourses.
Under the Act the IDB has permissive powers to maintain and improve ordinary watercourses (i.e. non main river). The Board exercises these powers by maintaining an adopted network of main arterial watercourses for the benefit of local ratepayers. These reach out into all parts of the drainage district to connect private tributary drains with main river. This includes operation of a number of pumping stations to lift water over raised floodbanks into main river.
The adopted network of drainage channels serves to provide year round facilities for the efficient disposal of surplus surface water which naturally drains from all land and developed areas. This system together with flood storage areas helps to accommodate the excess of water as will arise at times of peak rainfall. Water levels are managed as far as is reasonably possible to keep field drainage systems free flowing thereby optimising soil moisture content which is essential for crop production.
The type of work routinely carried out by the IDB includes channel cleaning, weed control, flailmowing of drainsides, drain embankment stabilisation works, and pumping station maintenance. Capital works may also be undertaken to improve channel capacity where appropriate or to construct or refurbish pumping stations and outfalls.
In carrying out its works the IDB also has a duty under the Act to further nature conservation and to take account of features of geophysical special interest. The Board endeavours to proceed in a manner considerate of the local environment. Appropriate drainage management routines are essential in retaining the bio diverse nature of the waterside habitat.
The IDB may also exercise general powers of supervision over all ordinary watercourses within the drainage district. Under the act powers are available to the IDB for seeking removal of obstructions and for cleaning of drains. Notices to remedy may be served on persons responsible.
The IDB has power to enter lands by service of notice for the purpose of carrying out its operations.
The IDB issues consents for outfalls into Board maintained drains. Consents may also be issued for works which affect any watercourse e.g. culverts etc.
The IDB is empowered to make a drainage rate annually in respect of agricultural land and buildings and to levy a rate on occupiers of such hereditaments. In parallel with this the Board will also issue a special levy on the local authority covering its district to obtain the balance of its required income. (For further information see section on rating).
The IDB is involved as a non-statutory consultee in the planning process. The Board will offer comment to planners seeking to ensure that the disposal of surface water from proposed developments is properly dealt with without causing adverse effect elsewhere. The Board will engage with developers and their agents in seeking to achieve the most appropriate sustainable solutions.
Internal Drainage Boards (IDBs) are responsible for land drainage within their defined drainage district.
IDBs are directly responsible for maintaining their own adopted network of main arterial ordinary watercourses including pumping stations and outfalls.
Environment Agency is responsible for maintaining main rivers. This also includes those channels classified as ‘critical ordinary watercourses’ responsibility for which has been transferred to the Agency.
Riparian Owners are responsible for all other ordinary watercourses.
IDBs are only established in lowland areas which derive benefit from land drainage. Where there is no IDB the Environment Agency is responsible for overseeing matters of land drainage.
Local Authorities have similar powers to IDBs under the Land Drainage Act 1991 for dealing with matters of land drainage but they will generally only exercise these powers in areas where an IDB does not exist.
Riparian Ownership may be determined by reference to the ‘hedge and ditch’ principle. Generally in the case of a man made ditch responsibility for the ditch will rest with the landowner on whose side any established hedge is situated, i.e. unless deeds state otherwise. In the case of a naturally formed watercourse riparian ownership may extend up to the centre line, i.e. shared responsibility. Property deeds registered under the ‘general boundaries rule’ which either include or exclude boundary features such as ditches or hedges do not necessarily prove ownership of the boundary feature and therefore may not be relied upon to indicate responsibility for such features.
Culverts in watercourses, and bridges spanning them, are generally the responsibility of the landowner. There may be exceptions to this.
Culverts and bridges on watercourses passing under the public highway are generally the responsibility of the Highway Authority. There may be exceptions to this.
Culverts and bridges on watercourses passing under railways are the responsibility of the railway network organisation.
Pollution control and prevention in all watercourses is the responsibility of the Environment Agency. The local authority public health department may also have an interest.
Yorkshire Water is responsible for water supply, foul sewerage, and any adopted surface water sewers.
Householders are responsible for domestic drains up to the connection with main sewer. This may change under proposed new legislation.
Highway Authorities are responsible for highway surface water drainage.
Roadside ditches are the responsibility of adjoining landowners except where these have been constructed specifically for highway purposes.
Fisheries are dealt with by the Environment Agency.
Water Abstraction is licensed by the Environment Agency.
Flood Warnings are issued by the Environment Agency.
Emergency Planning is undertaken by the Local Authority who may provide assistance to householders in the event of flooding.
Land Owners are responsible for notifying the IDB of any change in occupancy for the purpose of drainage rating. This should preferably be advised to the IDB by acting estate agents and solicitors at the point of sale.
Useful Contacts
Useful Publications
The rights and responsibilities of a riverside (watercourse) landowner are explained in a booklet entitled ‘Living on the Edge’ published by the Environment Agency.
Disclaimer
This web page offers general guidance only. The information given may not apply in all circumstances. If in doubt please seek legal advice.