undoubtedly the neglect of the main channel which is largely responsible for the waterlogging which exists in this country to-day, and the reason that the main channel has not been effectively treated is due largely to a fact which we have already emphasised, namely, the large number of Drainage Authorities who are concerned with small areas and who work without any co-operation with their neighbours. Where these Authorities have fulfilled their duties by discharging excess water from their areas into the main channel they have, while benefiting their own areas, thrown a greater burden on the main channels than they would otherwise have had to bear and in consequence have (as the Thames Conservancy fears in the case of the Thames) merely transferred the trouble from a higher to a lower portion of the same river. The trouble has been aggravated by the fact that the jurisdiction of Drainage Authorities has often included only very partial control or no control at all, of the main channels. It follows, therefore, that a controlling Authority in charge of the whole course of the main channel of the river (including its bed and banks) is of the first importance if drainage is to be effective. 63. From what we have already said with regard to the need for a controlling Authority in each Catchment Area where a drainage problem exists, it will be readily gathered that in our opinion the Catchment Area is the proper drainage unit, and by Catchment Area we mean the whole of the land which directs the drainage towards one river "* ending in the sea, although in some cases a tributary stream, especially when it discharges into the main river near the estuary, may be of sufficient magnitude and importance to justify its independence, for drainage purposes, of the main river and to constitute a separate Catchment Area. We therefore recommend that a Catchment Area Authority should be established to exercise jurisdiction over the drainage of the Area. 64. There is, however, no drainage problem in several Catchment Areas in England and Wales. In such cases, therefore, a Catchment Area Authority is not required, but the County or County Borough Council should be enabled to execute minor works and for that purpose to rate the whole or any part of the County or County Borough. In some cases Catchment Areas are too small to justify an independent Authority and in these cases we suggest that neighbouring areas should be grouped under one Authority. In certain estuaries which may in a sense be compared with the actual sea, there may be no need for a Catchment Area Authority, but should the need for such Authority become apparent in any case and at any time, we feel * Dr. H. R. Mill, Article "Geography" in Encyclopædia Britannica: "The wh le of the land which directs drainage towards one river is known as its basin, catchment area or drainage area-sometimes by an incorrect expression as its valley or even its watershed. The boundary line between one drainage area and others is rightly termed the watershed, but on account of the ambiguity which has been tolerated it is better to call it water-parting." it may be left to the Catchment Area Authorities whose waters are carried to the sea by means of the estuary, to set up a Joint Committee. In the event of no action being taken where required, power should be given to the Minister of Agriculture and Fisheries to decide that one of the Catchment Area Authorities draining into such estuary should be the Authority for the estuary, subject to an appeal to the Tribunal which we suggest should be set up. 65. We suggest that in any comprehensive drainage legislation. which may be based on the recommendations in our Report, a Schedule should be included containing a list of Catchment Areas for which a Catchment Area Authority appears to be required. Such a list has been supplied to us by the Chief Drainage Engineer of the Ministry of Agriculture and Fisheries, and is appended to our Report as Appendix V, together with an explanatory map. We think that it is highly desirable that this list should be subjected by the Ministry to careful examination before. a Schedule is inserted in any Bill. 66. Experience will probably show that it is undesirable to render such a Schedule immutable, and we therefore recommend that the Minister of Agriculture and Fisheries should have power at any time by Order to add to, or exclude from, the Schedule any Catchment Area, or to regroup Catchment Areas, in consultation with or on application by any one or more of the County Councils and County Borough Councils within the Catchment Area in question, and the Catchment Area Authorities concerned. In case of disagreement a local inquiry should be held by the Minister, and a right of appeal should be given. 67. It is of the utmost importance in our opinion that, subject to the above-mentioned safeguard, for the areas included in the Schedule it should be compulsory and not merely permissive, to set up Catchment Area Authorities. One of the main difficulties in connection with the present drainage law is due to the fact that so many powers contained in the several Acts are permissive and not mandatory. 68. The position of the River Thames in the proposal outlined above has given us considerable thought and we feel that the special circumstances of that river and of the Thames Conservancy must be recognised in any legislation which may be introduced to carry out our recommendations. We have had much information given us with regard to the operations of the Conservancy, and we would suggest that the most effective solution of the drainage problems of the River Thames would be that the Thames Conservancy should be given over their area all the drainage powers and duties which we recommend should devolve upon a Catchment Area Authority. 69. At the present time the main channel of the Thames is controlled by two Authorities, namely the Thames Conservancy, from the source of the river to a point just below Teddington Weir, and the Port of London Authority below this. If our recommendations are adopted, the Conservancy will have drainage powers over their present area, while the Port of London Authority will retain the navigation powers which they enjoy at present. We presume that the constitution of the Conservancy will be modified if the powers of rating enjoyed by Drainage Authorities are to be conferred upon them, and we have no doubt that they will work in close connection with the Port of London Authority. 70. With regard to the powers of the Catchment Area Authority, we think that it should be the sole drainage authority for the main channel, banks, and bed of the river from source to mouth and all drainage works carried out in that channel. should be carried out by the Catchment Area Authority, which should have all the powers as regards the river, of a Drainage Authority acting under the general drainage law for the time being in operation. In the case of some rivers we believe that considerable doubt exists as to what constitutes the main channel, and we suggest therefore that in each Catchment Area for which an Authority is set up the main channel and the area should be defined on a Catchment Area Map by the Minister of Agriculture and Fisheries. 71. The Catchment Area Anthority should have power to enter into arrangements with Port, Harbour, Conservancy and other Authorities, where such exist, for the regulation, in the interest of land drainage, of any tidal or other portion of the main river. 72. We recommend further that in the fresh legislation proposed in paragraph 32 all drainage powers now possessed by County Councils by virtue of general legislation should be vested in Catchment Area Authorities where such exist. it is obviously undesirable that the County Council, which will be in close relation with the Catchment Area Authority (if our proposals for its constitution are adopted), should retain powers which might tend to interfere with the operations of the Catchment Area Authority and which could in any event be exercised more satisfactorily by such Authority. On the other hand we do not suggest that County Councils who have obtained special powers by Private Act should necessarily lose them, but it will be essential to watch the position carefully and make adjustments in the light of experience, in order to avoid compromising the efficiency of the general scheme and to prevent over-lapping. 73. We think it desirable to indicate at this point what we conceive should be the nature of the relationship between the Catchment Area Authority and the Internal Drainage Bodies. In the past many of the latter have performed their duties in the most exemplary manner and we feel that these should be rehabilitated and continue their good work. At the same time there must be co-ordination of effort and we think that the Catchment Area Authority should be the paramount Drainage Authority within the Catchment Area. The Internal Drainage Bodies should have unrestricted liberty of action within their respective drainage systems, except under the following conditions: (a) where the action of an Internal Drainage Body is calculated to affect the interest or effective working of any other such Body within the Catchment Area; (b) where such action is calculated to interfere with the main outfall or any works thereon; or (c) where the Internal Authority is the recipient of any grant-in-aid from the Catchment Area Authority as contemplated in paragraph 75. In any of these cases the Catchment Area Authority should be clothed with supervisory powers to veto such action in the case of (a) and (b), and in the case of (c) to satisfy itself that the work in respect of which the grant is made is being properly executed. As already stated, the Catchment Area Authority should also have all the powers conferred upon County Councils and County Borough Councils under the Land Drainage Acts, 1918 and 1926, subject of course to the same safeguards. 74. We think that if a difference occurs between a Catchment Area Authority and an Internal Drainage Authority on any question arising out of the alleged default of the latter (as, for instance, as to the advisability of any works or expenditure), it should be the subject of reference, on the application of either party, to the Minister of Agriculture and Fisheries, who should have particular regard to the economic soundness of the proposals. 75. It is desirable that the Catchment Area Authority should have power to make contributions to the funds of any Internal Drainage Authority within the Catchment Area where, for example, the burden of rates for the purposes of internal work is in their judgment excessive, where the Internal Authority is receiving water from large upland areas, or where early relief is not likely to be obtained from the operations of the Catchment Area Authority on the main channel. 76. We have given careful consideration to the constitution of the Catchment Area Authority, in order to ensure, as far as possible, continuity of administration as set up under the Land Drainage Acts, 1918 and 1926. We recommend, therefore, that the Catchment Area Authority should be a Body consisting of representatives of the County Council or the several County Councils within the Catchment Area, whether such Counties touch the main channel of the river or not, together with representatives of the County Boroughs within the Catchment Area, and other persons elected by the Internal Drainage Authorities or (where none exist) persons directly interested in the drainage of the Lowlands. We should have liked to recommend direct representation of non-county Boroughs and Urban District Councils within the Catchment Area, but we regard the difficulties as insurmountable. 77. The number of members of a Catchment Area Authority should not be too large. We suggest that it should not exceed 30, save in the few exceptionally large Catchment Areas, and in many cases where the whole of the Catchment Area is comprised within one county, or at most two or three counties, the numbers might be considerably less. We recommend that twothirds of the members of a Catchment Area Authority should be appointed by the County and County Borough Councils within the Catchment Area, and that the remaining one-third should be members of Internal Drainage Authorities within the Area elected by them, or (where no such Authorities exist) persons nominated by the Minister in the interests of the Lowlands. 78. The allocation of members among the County and County Borough Councils concerned should be determined by the relative monetary contributions of each to the requirements of the Catchment Area Authority. 79. We recommend that within twelve months of the passage of any Bill to give effect to our recommendations, the County Councils in collaboration with the County Borough Councils within each Catchment Area included in the Schedule referred to in paragraph 65, should be required, subject to the right of application for exclusion referred to in paragraph 66, to prepare a scheme for the constitution of a Catchment Area Authority on the lines adumbrated above, and to obtain the approval of the Minister of Agriculture and Fisheries to the scheme. In default of the Local Authorities concerned preparing such a scheme, the Minister of Agriculture and Fisheries should proceed to set up the Catchment Area Authority on the lines which we have recommended, and charge the costs to the defaulting Authorities. For the purpose of constituting the first Authority for each Catchment Area, the Minister, after consultation with the County Councils and County Borough Councils, will provisionally determine the boundaries of the Uplands and Lowlands and the fractional proportions of chargeability to be met by each, in accordance with our recommendation in paragraph 86. 80. In view of our recommendation that the whole of the main channel of the river from source to mouth should be under the control of the Catchment Area Authority, it is eminently desirable that in setting up the Catchment Area Authority all subsidiary Drainage Authorities on that main channel should be abolished if their powers are confined to the main channel or, if they are also charged with "internal" drainage, should be deprived of their powers in relation to the main channel and its banks, and that the Catchment Area Authority should be the only body hereafter responsible for any drainage operations on that channel and its banks. 81. We have been much impressed with the evidence that we have received with regard to Commissions of Sewers. As will appear from earlier sections of our Report, these Commis |