Water resources: drought
Drought
Key organisations
Defra - the Department works closely with the Environment Agency and the water companies to ensure that the public water supply is maintained and that the environment does not suffer unduly. The Department’s formal role when water is under stress is to deal with drought order applications made to the Secretary of State. Defra has policy responsibility for the legislation that governs water resources and which includes the law relating to hosepipe bans, drought permits and drought orders.
The Environment Agency – is the statutory body that has a duty to manage water resources in England and Wales. Its aim is to ensure that the management and future development of our water resources is carried out in a sustainable manner. Drought Permits are granted by the Environment Agency. The Agency keeps the water resource position under review:
Water Companies - Water companies have the power to impose temporary sprinkler and hosepipe bans that prohibit or restrict the use of hosepipes or similar apparatus for watering private gardens or washing private motor cars. Hosepipe bans do not require the approval of the Government or the Environment Agency.
Hosepipe bans
.Above average rainfall since October 2006 has left water resources in a good position and there are no water restrictions in force anywhere.
The 2004-06 drought in the southeast of England, was one of the worst in the last 100 years. Eight water companies in the southeast imposed hosepipe bans affecting nearly 16 million people. There is evidence from the 2004-06 drought to suggest that hosepipe bans, as well as appeals to save water, cut customers’ demand for water by 5-15%.
The drought drew attention to the fact we needed to modernise the scope of hosepipe ban powers. The existing powers apply only to watering private gardens and washing private motor cars. There are more water-hungry uses in the domestic sector than there were decades ago when these powers were introduced. It is essential that the legislation is clear and unambiguous.
Consultation on proposed changes to powers to restrict non-essential uses of water
In March 2007 Defra and the Welsh Assembly Government launched a joint consultation on the proposed changes to powers to restrict non-essential uses of water.This consultation document discussed the modernisation of the scope of the hosepipe ban powers. It proposed replacing the existing hosepipe ban powers with wider discretionary use ban powers which would principally, but not exclusively, affect domestic sector water users. It would widen the scope of water uses which could be limited or prohibited to include, for example, the filling of domestic swimming pools and other bathing facilities, and the use of hosepipes to clean patios, drives and other hard standings.
The consultation document also proposed the production by the water industry of a Code of Practice to ensure a consistent approach to the imposition of water use restrictions and to the treatment of concessions in respect of customers, uses or apparatus, during times of drought.
The document proposed too some changes to the Drought Direction 1991 which sets out the water uses which can be banned under drought order powers and which primarily affect the commercial and public sectors.
The Government’s response to the consultation is available on this website along with the consultation document itself. The Government will now look for an early opportunity in Parliament to legislate, to bring the new discretionary use ban powers into effect.
In November 2006 Waterwise published research on the scope of the current hosepipe ban legislation, highlighting shortcomings and suggesting amendments.
A wider study by UK Water Industry Research Ltd ‘Drought and Demand: Potential for Improving the Management of Future Droughts’ was published in July 2007. This study was undertaken in response to the 2004-06 drought and the specific objective was to identify improvements or clarifications that could be made to the existing regulations and legislation to improve the management of future droughts. The study recommended the development of a water industry code of practice governing demand restrictions. The report is available from UK Water Industry Research Ltd.
Drought orders and permits
In July 2005 Defra, in conjunction with the Welsh Assembly Government and the Environment Agency published an updated booklet providing information on application procedures for both drought orders and drought permits.
The booklet is produced primarily for water undertakers but it may also be of interest to other bodies and individuals interested in the process for making drought orders and permits. The information contained in the booklet is not statutory guidance, neither does it provide an authoritative interpretation of the relevant statute law.
- Drought orders and drought permits (PDF 250 KB) - July 2005
In an escalating drought water companies may have to take additional steps by applying to the Environment Agency for a drought permit or to the Secretary of State for Environment, Food and Rural Affairs for a drought order.
Drought permits enable companies to take water from new sources, or to alter restrictions on existing abstractions. Drought orders can go further and restrict the non-essential use of water.
Permits and orders can only be made if the Environment Agency or Secretary of State is satisfied that the need exists by reason of an exceptional shortage of rain. They are made only for specified periods and may be renewed only for further limited periods.
When a water company applies to the Secretary of State for a drought order, it has to advertise that it is applying in one or more of the local newspapers circulating in the area affected and in the London Gazette. There is a 7 day objection period in which written objections can be submitted to Defra. A hearing is normally held before an independent Inspector appointed by the Secretary of State.
Drought orders granted in 2006
The 2004-06 drought in southeast England was one of the worst in the last 100 years. Drought order powers were granted to Sutton and East Surrey Water, Mid-Kent Water and Southern Water during 2006 to limit or prohibit non-essential uses of water. All drought order powers granted expired in November 2006.
Non-essential use drought orders empowered the water companies to restrict the uses of water listed in the Drought Direction 1991. The Drought Direction, made by the Secretary of State, lists uses of water which can be banned under a drought order and goes further than a hosepipe ban.The drought orders mentioned above do not authorise the use of stand-pipes. Only an emergency drought order can authorise supply by stand-pipes or water tanks. For emergency drought orders the Secretary of State must additionally be satisfied that the deficiency is likely to impair the economic or social well being of persons in the area concerned. No such applications have been made in recent years.
Drought plans
Drought plans are required to ensure the security of the public water supply in periods of water shortage, caused by exceptionally low rainfall.
At the 1997 Water Summit, Ministers obtained a commitment from water companies to produce drought contingency plans. Since then, water companies in England and Wales have produced drought plans on a voluntary basis. The Water Act 2003 has made it a statutory requirement for water companies to prepare, maintain and publish drought plans. Following a consultation on the water company drought plan regulations issued in December 2004, the Drought Plan Regulations 2005 came into force 1 October 2005.
The first set of statutory drought plans were submitted to the Secretary of State 2006. Water companies are required to publicly consult on their draft drought plans and did so in summer 2006. All of the final drought plans will be published on the water companies' websites around the end of 2007. The Drought Plan Directions specify what information the drought plan should include and the timetable for submission. The Environment Agency prepared detailed guidance for water companies on the content of drought plans and timings for the completion of each stage of the process.
- Drought Plan Directions (PDF 100 KB)
Drought plans are required to set out how a water company will continue to meet its duties to supply adequate quantities of wholesome water during drought periods with as little recourse as possible to drought orders or drought permits. Depending upon the severity of the drought this might include campaigns to encourage reduced consumption by the public, hosepipe bans, enhanced leakage control and pressure reduction.
After the final drought plan is published it must be revised by the water company within 3 years and 6 months from the date of publication and submitted to the Secretary of State. However, if there is a relevant material change in circumstances prior to this, then the water company must submit a revised plan within 6 months from when the change occurred.
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Page last modified: 4 December 2007
Page published: 30 October 2003