Éamon Ó Cuív (Galway West, Fianna Fail)
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363. To ask the Minister for Public Expenditure and Reform the legal obligations on farmers to keep drains and rivulets flowing through their land cleared to stop flooding on other people's land upstream; the agency with responsibility for enforcing such law; and if he will make a statement on the matter. [46555/13]

Brian Hayes (Dublin South West, Fine Gael)
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The Office of Public Works understands that where watercourses or channels pass through private lands which are not part of arterial drainage schemes, maintained by the OPW, or not part of Drainage Districts, maintained by local authorities, the responsibility for the maintenance of those channels rests with the riparian owners.

OPW is aware of legal advice recently received by Cork County Council, which states that it would appear that where a natural watercourse or river is blocked with rubbish or debris, which caused or contributed to flooding of another person's lands, then the riparian owner in respect of such natural watercourse or river may potentially be liable for damages, where they failed to take reasonable steps to address such matter after having acquired knowledge or presumed knowledge of its existence. In such cases of dispute in relation to the responsibilities of private landowners, if it is not possible for the parties to resolve the matter amicably, it would be open to the aggrieved landowner to take appropriate legal action against the offending landowner.

Under the Arterial Drainage Act, 1945 Sections 48 and 49 grant powers to the Commissioners Of Public Works in certain circumstances with regard to requiring landowners or occupiers of land to repair and restore to proper condition watercourses on the land in question.

Where the watercourse discharges into an existing Drainage District or Arterial Drainage Scheme, Section 48 allows OPW to issue a notice to a landowner to put it into proper repair and condition. If the landowner gives an undertaking to allow an affected occupier upstream to enter on their lands to maintain the channel at said affected occupier's own expense, then the notice to repair must be withdrawn. If the OPW undertakes the work, it is entitled to recoup the cost of work from the landowner.

Under Section 49, a Minister of State or a county council may make a representation to the Commissioners, where the Council or Minister is unreasonably being denied access to execute works to improve drainage of land. The Commissioners may make a compulsory drainage order, allowing such works to be undertaken, where funds are available to the Council or Minister to carry out such drainage works.

Under the two Sections, failure to comply with the notices or orders is deemed an offence and on summary conviction is liable to fines and/or imprisonment. The enforcement of the law in this regard is a matter for the Garda Síochána and/or the Courts.