Is the tide finally turning for river protection in the UK?
In recent years, the idea of giving protection to rivers and other ecosystems by providing them legal personhood has gained momentum worldwide. In February 2025 Lewes District Council made a historic decision to champion the Ouse River Charter, becoming the first English council to take steps to protect a river in such a way. With The Rivers Trust reporting that “no single stretch of river in England or Northern Ireland is in good overall health”, is it time for the tide to change?
The River Ouse Charter: a watershed moment
On 24 February 2025, Lewes District Council made a historic decision to recognise the Ouse River Charter, becoming the first English council to take steps towards recognising a river’s legal rights. This initiative, led by the “Love Our Ouse” project, and supported by organisations such as the Environmental Law Foundation, sought to establish a Charter granting the River Ouse fundamental rights based on its very existence and intrinsic value. This represents a meaningful shift away from purely anthropocentric environmental legislation. Rather than viewing the river solely through the lens of human use and benefit, it establishes rights such as the “right to flow” and the “right to exist in its natural state”. The Charter also addresses the impact of human activity, by establishing the “right to be free from pollution” and the “right to native biodiversity”.
While primarily symbolic at present, the Charter could begin influencing local planning decisions, environmental enforcement priorities, and eventually, broader legislative frameworks.
Evolution of UK water protection law
The adoption of the Charter is against a backdrop where traditional legal paradigms have been uncertain, unreliable, and not always afforded rivers and waterways the protection needed. However, in the landmark case Manchester Ship Canal Company v United Utilities Water Ltd, the Supreme Court confirmed that watercourse owners can bring private law claims against water companies for unauthorised discharges, even without proving negligence or deliberate misconduct.
More recently, Professor Carolyn Roberts sought to bring collective proceedings against six water companies alleging that the companies abused their dominant position and underreported sewage pollution. The Competition Appeal Tribunal found that the proceedings should be dismissed as they were excluded by the statutory provisions under Section 18(8) of the Water Industry Act 1991. However, the Tribunal confirmed that it would have certified the claims if not for the statutory exclusion.
Global precedents
Countries around the world have acknowledged the importance of monitoring the rights of nature and holding local authorities accountable. Countries such as Ecuador, New Zealand, Bangladesh, and Canada have paved the way, implementing successful river rights initiatives using a guardianship model owing to their indigenous populations. In addition, several countries have recognised the rights of nature more broadly. After severe agricultural pollution damaged the Mar Menor lagoon in Spain, a recent law granted it legal personhood and allowing citizens to represent the lagoon in legal proceedings, ensuring that its ecological health is safeguarded for future generations.
In 2008, Ecuador became the first country to recognise and protect the rights of nature at a constitutional level. More recently, its Constitutional Court granted legal rights to its marine ecosystems, ensuring their protection from industrial exploitation. This landmark ruling highlights the importance of integrating legal personhood into conservation efforts.
Looking downstream: the future of river rights initiatives
The growing recognition of the rights of nature worldwide suggests a fundamental shift in how legal systems approach environmental protection. While the UK is beginning to explore this concept in the context of rivers, other countries have already implemented legal frameworks for other ecosystems. As other local authorities consider similar charters and the concept gains judicial attention, what began as a local initiative may well become a meaningful component of UK environmental law. The tide, it seems, is changing.
With thanks to Paralegal Anne-Charlotte Gerbaud for her assistance with this piece.