River Test

The decision, described as a step toward securing the river’s long-term health, gives the Test the legal right to be free from pollution, to flow without obstruction, and to be sustained by fresh-water sources. Crucially, it enables the river to be represented in court by advocates empowered to take legal action against individuals or companies responsible for environmental harm.

The chalk stream, which flows from Ashe to the Southampton Water estuary, is celebrated as the birthplace of fly fishing and features prominently in the novel Watership Down. It is home to more than 200 species, including endangered Atlantic salmon, trout, kingfishers and grey wagtails. Large portions of the river are designated as Sites of Special Scientific Interest.

However, concerns over its future have grown amid a sharp decline in salmon populations, which fell from 906 in 2019 to 346 last year. Environmental campaigners have blamed sewage discharges and habitat degradation for the drop.

James Murray, the actor known for The Crown, visited the river to protest against Southern Water’s proposals to discharge treated effluent into the Test. He said pumping “Olympic-size swimming pools” of wastewater into the river was “sacrilegious” and would damage vital spawning grounds.

Earlier this year, villagers living along the Test successfully opposed a battery storage project over fears that toxic run-off from damaged lithium-ion cells could reach the river. Under the new rules, a representative for the river could now bring similar cases on its behalf, including against utilities such as Southern Water.

The motion, brought by Liberal Democrat councillor Geoff Cooper, commits the council to embedding the river’s rights into planning, development, and biodiversity policies. Mr Cooper said: “What this tries to do is set out protections for our rivers, it is not just about pointing your fingers at the water company, it is all the factors that endanger our rivers.”

Janet Burnage, also a Liberal Democrat councillor, added: “Without the river, its tributaries and all the other rivers that flow through Test Valley we would not have the wonderful bounty of nature around us. We must maintain the rivers for the sake of the natural environment.”

The move follows a similar decision by Lewes District Council in 2023, when the River Ouse became the first waterway in Britain to be granted legal rights akin to those of a person.