Managing Waterbodies on Your Property: What Landowners Need to Know

In the Selwyn District, many properties are crossed by streams or rivers, whether natural or man-made. For landowners, having a waterbody on your property is both a privilege and a responsibility. It’s essential to be aware of the rules that govern how you can interact with these water features, especially when planning development or making changes. Misunderstanding or overlooking these regulations can result in costly fines or even legal action, so understanding the classification of your waterbody is the first crucial step to avoid these issues and ensure you are compliant.

Waterbodies and water races are defined by Environment Canterbury as anything from stock water and irrigation channels to rivers, lakes, streams, ponds, wetlands, and aquifers. These watercourses are generally divided into two main categories: artificial watercourses and natural waterbodies.

Artificial Watercourses

Man-made channels, such as those used for irrigation or drainage, fall under the artificial watercourse category. These are typically governed by local bylaws specific to the Selwyn District. If you're planning any changes, like altering water flow, or carrying out maintenance, you’ll need to make sure your actions comply with local standards or apply for approval under the Water Race Bylaw 2008.

This bylaw includes rules about taking, using, damming, or diverting water, as well as outlining the obligations of owners to protect the functionality of water races and surrounding areas. Keep in mind that approval under this bylaw doesn’t automatically exempt you from needing approval under the district or regional plans, if required.

Natural Waterbodies

Streams, rivers, and other natural waterbodies enjoy a higher level of environmental protection and are subject to more stringent regulations. Several governing bodies, including the Selwyn District Council, Environment Canterbury, and the Central Government (through the National Environmental Standards for Freshwater), all impose relevant considerations for activities in or around natural waterbodies. Any resource consent application will also need approval from Te Taumutu Rūnanga due to water being a culturally significant resource.

It can be a complex process trying to understand whether you comply with the requirements under these governing bodies, but undertaking work without this consideration can land you in hot water with enforcement action. If in doubt, it's always best to check your obligations before proceeding with any changes.

Even if a waterbody on your property appears man-made, it may have originally been a natural feature that was later modified. In such cases, regulations for natural waterbodies may still apply and a process known as “naturalisation” may be required as part of your project.

Navigating the regulations for water races and natural water bodies can be challenging, especially when multiple planning documents are involved. Understanding whether your waterbody is defined as a man-made water race, or a natural waterway is crucial in determining which regulations apply. A planning consultant can assist landowners in identifying the waterbody type, understanding which rules are relevant, and guiding them through the resource consent process if necessary