FOR centuries under English common law, owners of land containing rivers, streams, ditches and other watercourses have been regarded as the riparian “owners” of those watercourses.
John Price (Is he vindicated?, May 21) is one such riparian owner who has had, and still retains, considerable responsibility to manage and maintain the free flow of water throughout his land.
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Common law responsibilities of riparian owners of rivers, streams, ditches or culverts must accept water from upstream neighbours.
They must transfer this water, together with drainage water from their own property, downstream.
They must undertake necessary maintenance of those watercourses to maintain the proper flow of water.
The owner is responsible for the cost of such maintenance, including any structure that allows water to flow underground or beneath another structure.
They must not to impede or restrict such water flows and can, since the 1930s, be called upon by the relevant inland drainage boards, river authorities or local councils to remove and make good any blockages or impediments to such effective flows.
Failure to maintain the river Lugg as an effective watercourse at Kingsland over decades has caused flooding, economic loss, and damage to the property and to the highway.
John Price has clearly recognised that these problems were his responsibility.
By clearing the blocked bridge arches of debris and effectively realigning the river Lugg with the extent of the Kingsland Bridge, for which it was designed and built centuries ago, it appears that John Price has overcome much of the local flooding issues that have been damaging Kingsland for decades.
In response to the continuing lack of action by the rivers authorities or the Environment Agency, there is a strong case to be made for John Price, riparian owner of the river Lugg at Kingsland, as a hero and saviour.
With regard to monitoring any improvement or detriment to water flows in the river Lugg above or below Kingsland Bridge, as a result of John Price’s actions, there are monitoring stations at Byton on the Lugg (and at Eardisland on the Arrow) where such data might clearly be collected and analysed.
That this has not already been done and published is a strange and possibly damning omission by the relevant authorities.
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The usual range of the river Lugg at Byton is between 0.28 metres and 1.30 metres. It has been between these levels for 90 per cent of the time since monitoring began.
The typical recent level of the river Lugg at Byton over the past 12 months has been between 0.33 metres and 1.23 metres. It has been between these levels for at least 151 days in the past year.
The highest level ever recorded at the river Lugg at Byton is 2.18m, reached on Sunday, February 16, at 5pm.
DAVID BAINBRIDGE
Dymock, Gloucestershire
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