Committee publication · Correspondence · 13 January 2026

Correspondence from Philip Duffy, Chief Executive, Environment Agency, regarding river maintenance in Somerset (following evidence session on 28 October), dated 7 January 2026

From: Environment, Food and Rural Affairs Committee

Inquiry: Work of the Department and its arm’s-length bodies

Summary

Philip Duffy, Chief Executive of the Environment Agency, responds to the EFRA Committee's inquiry about river maintenance practices in Somerset following an October evidence session. He confirms that established maintenance practices on the Somerset Levels date to post-World War Two drainage works, clarifies the Environment Agency's permissive powers and lack of legal duty to maintain all watercourses annually, and outlines prioritisation toward highest-risk areas and partnership approaches to maximise resource deployment.

Key findings

Established river maintenance practices in Somerset Levels have been in place since landscape drainage in and after World War Two.
Environment Agency has no legal duty to perform maintenance on all main rivers every year; riparian landowners carry statutory maintenance obligations.
Environment Agency uses permissive powers to undertake selective maintenance focused on high-consequence systems and legal obligations, with Regional Flood and Coastal Committee consultation.
Since 2014, Environment Agency and partners have delivered over £200 million in improvements in Somerset, including £47 million in operation, maintenance, and repair work.
Agency is exploring partnership opportunities including Public Sector Cooperation Agreements, de-maining options, and precepts/levies to improve maintenance delivery effectiveness.

Tone

Procedural

Topics

flood-risk-managementriver-maintenanceenvironmental-governancepublic-finance

Key actors

Philip Duffy, Chief Executive, Environment Agency, Alistair Carmichael MP, Chair EFRA Committee, Sarah Dyke MP, Emma Hardy MP, Environment Agency, Somerset Rivers Authority, Regional Flood and Coastal Committee

Notable line

“We have no legal duty to perform this work, or to notify partners and customers when we don't perform it.”

Key Quotes

“… established practices of maintenance on the Somerset Levels and Moors have broadly been in place since the landscape was drained to its current extent during and in the years after World War Two.”
— Philip Duffy, Chief Executive, Environment Agency · responding to Committee query about duration of maintenance practices

“Riparian landowners carry the statutory obligation to maintain watercourses, while we use our permissive powers to undertake maintenance, improvement, and construction on main rivers to manage flood risk and protect the environment.”
— Philip Duffy, Chief Executive, Environment Agency · clarifying division of maintenance responsibilities

“We have no legal duty to perform this work, or to notify partners and customers when we don't perform it.”
— Philip Duffy, Chief Executive, Environment Agency · explaining the Agency's legal position on maintenance activities

“We have a programme of works which focusses on the highest risk areas (high consequence systems) and meeting legal obligations.”
— Philip Duffy, Chief Executive, Environment Agency · describing maintenance prioritisation approach

“The Environment Agency and local partners have delivered over £200 million worth of improvements in Somerset since 2014, with over £47 million worth of operation, maintenance, and repair work delivered.”
— Philip Duffy, Chief Executive, Environment Agency · outlining investment record in Somerset flood management

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Source · parliament.uk record ↗