The South East Water Ltd (River Ouse, Barcombe) Drought Order 2011

• Citation: S.I. 2011/3059
• Sections: 6

Section 1 Citation and commencement

This Order—

(a) may be cited as the South East Water Ltd (River Ouse, Barcombe) Drought Order 2011; and

(b) comes into force on 22nd December 2011.

Section 2 Interpretation

In this Order—

(a) “the Company” means South East Water Ltd;

(b) “the Licence” means abstraction licence numbered 21/128 granted and reissued by the Agency on 30th March 2004 authorising the Company to abstract water from the River Ouse at Barcombe, subject to the terms and conditions set out in the Schedules to that licence .

Section 3 Modification of authorisation to abstract water from the River Ouse at Barcombe

(1) Until 31st March 2012, Schedule 2 to the Licence is modified as follows.

(2) In the section headed ‘Maximum quantity of water to be abstracted’, in point 1 (Of the Natural Flow), in the first two rows (natural flow less than 20,000m 3 per day, and natural flow more than 20,000m 3 but less than 40,000m 3 per day), any reference to 20,000m 3 is read as a reference to 5,000m 3 .

(3) This article is subject to the conditions in article 4.

Section 4 Conditions

(1) The Company must—

(a) within 10 working days of the day this Order comes into force, submit to the Agency an environmental monitoring, mitigation and remediation plan, in such format as is required by the Agency;

(b) keep the plan under review to ensure it remains appropriate;

(c) agree any changes to the plan with the Agency;

(d) follow the plan, as amended from time to time.

(2) The Agency may—

(a) at any time, require such changes to be made to the plan as it deems appropriate;

(b) keep the plan under review to ensure it remains appropriate.

(3) The Company must produce a weekly report, in such format as the Agency may require, detailing—

(a) the results of the Company’s monitoring;

(b) how the Company has complied with the conditions of this Order;

(c) information on how the company has operated its water sources in accordance with the Licence and this Order.

(4) The Company must provide such further information relating to the weekly report as the Agency may require.

(5) The Company must provide to the Agency all such information, in such format as the Agency may require, as is relevant (or is further requested by the Agency) in order for the Agency to conduct, or commission, a review into the supply/demand balance of water resources and water source operation and drought management for the whole or any part of the Company’s supply area.

(6) The information provided to the Agency may be shared with such third parties as the Agency deems appropriate.

Section 5 Modification of Operating Agreement for Ardingly Reservoir

Until 31st March 2012, Schedule D, paragraph D5.2, of the Agreement Relating to the Maintenance and Operation of the Ardingly Reservoir Scheme dated 30th March 2004 and revised in July 2004 is modified to read as follows—

(D5.2) The Agency may accordingly request that a volume of 200,000m 3 be released per annum for the benefit of fisheries or to alleviate a pollution incident. The Company will make the release as requested by the Agency unless prevented from doing so by virtue of an accident or unavoidable operational reasons.

Section 6 Supplemental provision

For the purposes of regulation 19(3)(d) of the Environmental Damage Regulations 2009 nothing in this Order is to be taken as authorising any event causing environmental damage.