Drainage Act, 1918, and we consider that the Minister of Agriculture and Fisheries, in consultation with the Minister of Transport, should have power, by Order, to revoke, vary or amend the provisions of any local Act relating to navigation rights in the Lowlands of any drainage area, or relating to tolls or dues chargeable in respect of navigation in such areas, where the Drainage Authority is the Navigation Authority, and also to deal with any questions of compensation which may arise.

117. Our attention has been directed to the possibility of waterlogging of agricultural land by the abandonment of canals, especially by railways which acquired them under Acts of Parliament. We are of opinion that the attention of the Minister of Agriculture and Fisheries and the Minister of Transport should be drawn to such cases with a view to care being taken to safeguard the interests of effective land drainage. With this in view these Ministers should, in our opinion, be required to consult with the Catchment Area Authority and any Internal Drainage Authority whose interests may be concerned in order that effective and just steps may be taken in the matter. We also think that no abandonment order should be made unless both Ministers

concur.

RULES AS TO PROCEDURE OF DRAINAGE AUTHORITIES.

118. The rules laid down in the Schedule to the Land Drainage. Act, 1861, for the election of members of a Drainage Board, and for the regulation of meetings of the Board are not only antiquated, but they are in some respects too restrictive. For example, Section 1 (b) of Part II of the Schedule makes it incumbent upon Drainage Boards to give a month's notice to every member of the Board where it is intended to make an Order involving an expenditure of £100.

119. Similarly, most of the old private Drainage Acts are antiquated and restrictive in this respect, and the members of the Drainage Authorities are denied the protection against personal liability afforded to other like administrators by virtue of Section 60 of the Commissioners Clauses Act, 1847.

120. We consider that rules should be framed to govern the proceedings of all Drainage Authorities, that the Local Government and Other Officers Superannuation Act, 1922, should apply to officers of a Drainage Authority and that general protection similar to that mentioned above should be accorded to members of all Drainage Authorities.

POWER TO MAKE BYE-LAWS.

121. The Bill of Sewers gives Commissions of Sewers and Drainage Boards very wide but vague powers to make laws, ordinances and decrees," but these are often unsatisfactory, harsh, out-of-date, and unenforceable.

122. It is most desirable that in place of these powers there should be given to Catchment Area and other Drainage Authorities powers (similar to those conferred on Local Authorities) to make bye-laws for such matters as the protection and regulation of the use of the works vested in them or under their control, and the prevention or regulation of the discharge into their drainage channels of obstructive matter and other like matters.

FENCING OF DRAINS.

123. Drainage Authorities should be enabled to provide for the protection by fencing of drains passing through private pasture land.

"REPAIRS, IMPROVEMENTS OF EXISTING WORKS, NEW WORKS."

124. The definitions of the above terms as they affect Drainage Boards and Commissioners of Sewers as contained in Section 16 of the Land Drainage Act, 1861, are difficult to apply in concrete cases. The necessity for their application arises, however, under Section 29, which requires the giving of notices in respect of certain works, and also under Section 58, which declares in respect of which works owners shall be rated.

125. If our suggestions as to rating are carried out, Section 38 will automatically disappear, but the requirements of Section 29 are vexatious. Much delay is caused by carrying out the cumbersome provisions of the section, and this delay may be fatal when urgent works are required.

126. We recommend that these restrictions should be abolished, but that the provisions as to compensation contained in the 3rd proviso to Section 16 above referred to should be retained. The question of compensation should not prevent the immediate carrying out of the work, but only form the subject of a pecuniary payment.

WATER SUPPLIES.

127. In certain parts of the country, water supplies are obtained from natural rivers, and in the case of these rivers it is of the greatest importance that storage capacity and a regular flow of water should be maintained. We consider, therefore, that the interests of Catchment Area Authorities should be safeguarded in any Private Bills for the promotion of water supply schemes by giving them a " locus standi."

LAND DRAINAGE ACT, 1926-MAINTENANCE OF DRAINS.

128. In another part of this report we have recommended the transfer to Catchment Area Authorities of the powers of County Councils under Section 2 of the Land Drainage Act, 1926. Several witnesses have urged upon us the desirability of giving Drainage Authorities similar powers to compel the maintenance of drains. We think that the desired result would be achieved by empowering Catchment Area Authorities to delegate their

powers under this Section or any statutory provision which may be substituted therefor, to Internal Drainage Authorities where such exist.

CONTROL OF BANKS-WIDTH OF COVER.

129. When deepening, dredging or otherwise maintaining rivers or drains, Drainage Authorities often have difficulty in disposing of the spoil, and we are of the opinion that every Drainage Authority should be empowered, subject to due consideration for public rights and amenities, to dump this spoil on the banks, embankments and forelands of the river or drain, without having to pay compensation. The width of cover allowable in this connection should, however, be limited to one half of the width of the drain plus its depth, except in those cases where the width is already determined by private Act.

130. It will be obvious, however, that this practice cannot reasonably apply where buildings, gardens or streets are situate close to the banks, and we think that in such cases the cost of removing the spoil should be shared by the Drainage Authority and the Local Authority in whose area the section of river or drain affected is situate. We consider that it would often make for convenience if a Sanitary Authority were in all such cases given the option by the Drainage Authority to execute or maintain any work which the latter are authorised to execute. The Drainage Authority should not be called upon to pay any greater share of the costs than would have been borne by them had they exercised their right of cover, the extra costs being met by the Sanitary Authority out of the rates, as considerations of public health and of the enjoyment of the highways are involved.

ALTERATION OF EXISTING DRAINAGE AREAS.

131. In paragraph 83 we have made certain recommendations regarding the regrouping of Drainage Authorities. Under the Land Drainage Act, 1918, any proposal to extend an existing drainage district can be vetoed by the proprietors of one-third of the area proposed to be added to the district.

132. It occasionally happens that it is desirable to extend a drainage district in order to give the Drainage Authority control of important drainage outlets or for other reasons, and we do not think it unreasonable, therefore, to provide that this restriction should be abolished, discretion regarding such extension being left to the Minister of Agriculture and Fisheries, with the right of appeal to the Tribunal hereinafter referred to. Similarly the veto given to Drainage Authorities by Section 2 (5) of the Act of 1918, which relates to the alteration of drainage areas, should be abolished.

PLANS OF UNDERGROUND DRAINS.

133. We understand that from about the middle of the last century large areas of agricultural land have been drained by systems of underground drainage. The plans of most of these

drains appear to have been lost and, as a knowledge of their location is of great value in the consideration of schemes of arterial drainage, it appears to us a matter of regret that no public or private record is kept of these drainage systems. We think that any Act of Parliament dealing with drainage should make some provision for these records to be kept, but without involving expense to the owner or occupier of the land. We suggest that they might usefully be kept at the offices of the County or County Borough Council.

LAND DRAINAGE ACT, 1918. SECTION 15.

134. The above section, as amended by Section 1 of the Land Drainage Act, 1926, enables a County or County Borough Council to exercise the powers of a Drainage Authority in default, but doubts have been expressed as to the extent of the powers conferred by this section. For the purpose of clearing up doubts we recommend that it should be enacted that the Catchment Area Authority or (where there is none) the Council be authorised to exercise the powers of this section in relation to the whole or a part only of the drainage area. Moreover, where the powers laid down in the section are exercised in a part only of a drainage area, the Catchment Area Authority or the Council should be empowered to reimburse themselves by precepting on the Drainage Authority, but without prejudice to the remedies provided in the section. The sum demanded in the precept should be recoverable as a civil debt. The Catchment Area Authority or Council should be empowered to require the defaulting authority to produce all books, plans and other documents so far as may be necessary for the purpose of the due exercise of the powers contained in the section.

REPORTS OF DRAINAGE AUTHORITIES.

Drainage.

135. Under the Land Drainage Drainage Act, 1918, Authorities have to report annually to the Minister of Agriculture and Fisheries. We think that this provision is very useful, and should apply both to Catchment Area Authorities and to all Internal Drainage Authorities. Moreover, the Report should not be confined to information relating to the proceedings of the Authority, but should include information relating to the property and works vested in the Authority and such other information as the Minister may by Order direct. Penalties for non-compliance with the provision should be prescribed. A Summary of these Reports should be presented by the Minister annually to Parliament.

PROTECTION OF FISHERIES.

136. Drainage works involving the construction, alteration or remodelling of dams and weirs in a watercourse are liable to interfere with fisheries. We think, therefore, that notice of intention to carry out such works should be given by a Drainage

Authority to the Fisheries Department of the Ministry of Agriculture and Fisheries, who should be empowered, after consultation with the appropriate Fishery Board, to order that provision be made for the free passage of salmon, trout, or other fish.

MINING SUBSIDENCE.

137. This subject has recently been enquired into by a Royal Commission, and a special Commission is at present considering the peculiar conditions in the area to the east of Doncaster, where, owing to the level of the land in relation to the sea, the rivers, and the main carrier and other drains, the process of coal mining may result in permanently swamping large areas of agricultural land.

138. We do not propose to deal in any way with special problems of this nature, but we think that Drainage Authorities should be included among the bodies which the Royal Commission on Mining Subsidence recommend (see Paragraph 126 of their Report) should be furnished with accurate information as to existing workings and future exploitation of minerals.

APPEAL TRIBUNAL.

139. We suggest that it should be provided that an appeal may be made within three months after the Minister of Agriculture and Fisheries has given his decision on any matter, or made an Order not requiring confirmation by Parliament, to a special Tribunal which we recommend should be set up for the purpose by the Lord Chancellor or the Lord Chief Justice, consisting of a Judge of the King's Bench Division of the High Court, or other person of high legal qualifications, with two assessors, one at least of whom should be a surveyor or a civil engineer. Such right of appeal should be given to all interested parties, but in relation to the matters referred to in paragraph 88, Local or Drainage Authorities only should be regarded as interested parties.

ECONOMIC POSITION AND GOVERNMENT ASSISTANCE.

140. While recommending the immediate consolidation and amendment of the Laws regulating the drainage of the Country and the setting up of Catchment Area Authorities, we consider that the prevailing depression in agriculture is so serious that addi tional burdens cannot be placed upon it without disastrous results. Although under the scheme outlined above the spreading of the charge for Land Drainage over a much wider area will both render more money available for this purpose and at the same time reduce the chargeability of those upon whom the whole burden would now fall, we think that great caution should be exercised by the newly-appointed Authorities, in initiating drainage schemes of any magnitude, in order especially to ensure that expenditure should not be incurred in cases where