FLOOD PROTECTION AND LAND DRAINAGE

BRIEF HISTORY

However, to inhabitants of the eastern parts of England, flood protection, and land drainage is an ever present problem and the task of reclaiming, holding or protecting land from inundation has gone on down through the centuries.

In the present day a number of Authorities can be responsible for flood protection and the drainage of land, besides the riparian owners of land.

The Statute Book, at regular intervals, records legislation providing for the administration and laws by which drainage could be effected and floods prevented. Following the casual issuing of Commissions by the Crown a statute in 1258, provided the root of the present principles and administration but the generally recognised foundation of all land drainage law is to be found in the Statute of Sewers 1531 passed in the reign of Henry VIII. This enactment provided for the appointment of Commissions of Sewers with authority "to maintain and repair all existing walls and sewers, to remove nuisance and to levy and make rates for the payment of such expenses as were thus incurred."

It established the principle, as far as land drainage is concerned, of "no benefit, no rates."

Acts throughout the centuries set up various Commissions of Sewers. The appointed Commissioners were directed to view and survey the streams, defences and obstructions in order to inform themselves of what was necessary for the drainage of districts but eventually this duty was carried out through their power to summon a jury of not less than 18 nor more than 48 in number. The verdicts of these juries, contained in their presentments, described all the liabilities which should be undertaken in all the persons responsible for payment of rates and taxes to meet the cost of repairs. Wide powers were held to effect repairs and maintenance of defences and to effect payments to the Commission through their surveyors and dykereeves and Courts of Sewers.

After a Royal Commission in 1927 recommended complete change in the administration the Land Drainage Act of 1930 was passed and created drainage boards and catchment boards with powers to carry out land drainage works and enforce payment of rates within defined districts. Catchment boards were replaced by river boards under legislation of 1948 and then by river authorities in 1965. These functions were taken over by the water authorities in 1974 which were later privatised. The functions of flood protection and land drainage are today the responsibility of Drainage Boards and the Environment Agency.