The shape of water law in times of drought
"It never rains but it pours" is a saying that applies equally to floods and droughts.
The first four months of 2018 highlighted the flooding and the months of May, June and July have brought to mind the potential of drought.
The prospect of hosepipe bans soon focusses us on our dependence on water. The management of water has not surprisingly been high on the agendas of UK governments since the 1920s but even at the end of the Second World War the industry was far from co-ordinated.
In 1945 there were more than 1,000 bodies involved in water supply (mainly local authorities) and more than 1,400 bodies responsible for sewerage and sewage disposal.
After a series of Acts post-1945 the industry was consolidated by the Water Act 1973 which established 10 regional water authorities. Capital infrastructure was lacking and in 1989 the then Government sought to deal with this by privatising industry.
Having briefly glimpsed the wider picture, looking at the law applicable to drought, water companies have the power to restrict water use and can do so by imposing bans and restrictions on the use of hosepipes and sprinklers if there is a serious shortage of water. The bans and restrictions must first be approved by the Government.
Notice of a ban or restriction has to be advertised in local newspapers and if they are breached there can be a criminal offence and fines imposed. Companies have the ability to allow exemptions, for instance for the elderly and disabled.
If after the hosepipe ban has been imposed there is still a water shortage the companies can consider applying for a drought order from the Government.
Ordinary drought orders are useful to limit specific activities such as car washing or watering gardens. These can be for six months and less and can be extended for up to a year. An emergency drought order limits the supply water and makes alternative arrangements for the supply of water such as by erecting standpipes in streets.
These orders are for three months or less but can be extended by a further two months. Drought orders must be advertised in the local newspapers and explain objections can be made to the Secretary of State for the Environment, Food and Rural Affairs in England or the National Assembly for Wales
With regard to non-mains water such as the rivers and boreholes, the Environment Agency has control of these and has regulatory powers to manage water availability to maintain essential supplies for people and the environment.
These controls extend to limiting use of bore hole pumping and extraction of water from the rivers, lakes and other water sources. Organisations such as inland drainage boards and British Waterways also have power to control water supplies.
Steven Corfield is a partner and agricultural specialist at Shropshire law firm, FBC Manby Bowdler LLP.
