On 23 July 2025, Test Valley Borough Council formally recognised the River Test (a globally rare chalk stream) as possessing “intrinsic rights”.[1] This development marks the third time a UK local authority has acknowledged a river’s entitlement to exist, flourish and be protected from harm. It follows the adoption by Lewes District Council of a decision to support the principles within the Rights of River Charter for the River Ouse in February 2025 (the first time in the UK that a Council signed up to the River Rights Charter).[2] On 16 July 2025, Southampton City Council (which helps manage the River Test and also the River Itchen) passed a similar resolution.

What does it mean legally?

Contrary to some media spin, granting rights to the above rivers does not grant them legal personhood. It simply aims to reaffirm the protections already available under existing environmental law, so that, in respect of the River Test, the Council will “work with community groups, river trusts and environmental experts to identify and support the legal and practical recognition of these rights.”

From a commercial perspective, the move to grant rights to rivers and other natural resources could have implications for businesses operating near or impacting them. While the new status does not confer enforceable rights akin to those of a legal person, it may influence future commercial practices and the potential for disputes.

Key considerations for commercial entities include:

• Environmental liability: Companies discharging into or abstracting from the rivers granted rights may face heightened scrutiny.
• Planning and development: Developers of projects near the rivers may face more rigorous environmental assessments, depending on the type of development. This could affect timelines, costs and project viability.

The move towards recognition of rights for natural resources is part of a global movement, with countries including Bolivia, Ecuador, Spain and New Zealand having granted legal personhood to rivers and other natural resources. For example, in 2017, New Zealand passed a law granting legal personhood to the Whanganui River. In 2019, the Bangladeshi Supreme Court declared that rivers in Bangladesh have the same legal rights as people[3], and in 2022, the Spanish Government granted Mar Menor and its basin the status of a legal person.[4]

While the River Test’s recognition is not yet legally binding, it reflects a growing trend that could affect environmental disputes and related commercial risk. For lawyers, it’s a reminder that nature is no longer just a backdrop to disputes, it may soon be a participant.

As for me- I’ll be spending my next day off beside the River Test, appreciating its quiet resilience and newfound voice.
 

[1]Minutes of the Council of the Test Valley Borough Council held on 23 July 2025 

[2]Rights of Rivers – Love Our Ouse

[3]Bangladesh Supreme Court Upholds Rights of Rivers — Center for Democratic and Environmental Rights

[4]Endangered Mar Menor lagoon in Spain granted legal status as a person | Spain | The Guardian