The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025

• Citation: S.I. 2025/1266
• Sections: 8

Section 1 Citation, commencement, expiry, extent and application

This Order—

(a) may be cited as the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025;

(b) comes into force on 3rd December 2025 and ceases to have effect at midnight on 2nd June 2026; and

(c) extends to England and Wales and applies in relation to England only.

Section 2 Interpretation

In this Order—

“ the Company ” means South East Water Limited (company number 02679874);

“ the Environmental Assessment Report ” means the document titled “South East Water - Water Resources Act 1991 - Section 74 Drought Order (River Ouse) Barcombe Mills - Winter Drought Scenario: Environmental Assessment Report” produced by Johns Associates Limited dated October 2025 ;

“ the Licence ” means the abstraction licence numbered 21/128 granted and reissued by the Agency on 30th March 2004 authorising;

augmentation release and compensation release from Ardingly Reservoir to the Shell Brook (Schedule 1 to the Licence),

abstraction from the River Ouse at Barcombe (Schedule 2 to the Licence),

abstraction from Ardingly Reservoir (Schedule 3 to the Licence), and

abstraction from the River Ouse at Ardingly (Schedule 4 to the Licence),

to the extent and manner, and subject to the terms and conditions, set out in Schedule 1 to the Licence .

Section 3 Modification of the conditions for augmentation release and compensation release in Schedule 1 to the Licence

While this Order is in force, in Schedule 1 to the Licence—

(a) the definition of “Augmentation Release” is to be read as if for “4,000 metres 3 per day” there were substituted “1,000 metres 3 per day” ;

(b) the section headed “COMPENSATION RELEASE” is to be read as if for “4,000 metres 3 per day” there were substituted “1,000 metres 3 per day” .

Section 4 Modification of authorisation to abstract water from the River Ouse at Barcombe

While this Order is in force, Schedule 2 to the Licence is modified as follows—

(a) subject to paragraph (b), for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table:

(b) If the level of the Ardingly Reservoir falls below 45.7 metres Above Ordnance Datum, equating to a useable storage of less than 500 megalitres, for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table:

Section 5 Modification of the period during which water is authorised to be abstracted from the River Ouse at Ardingly

While this Order is in force, Schedule 4 to the Licence is to be read as if in the section headed “PERIOD DURING WHICH WATER IS AUTHORISED TO BE ABSTRACTED FOR THIS SCHEDULE”, for “November to April inclusive” there were substituted “The period that the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025 is in force” .

Section 6 Monitoring conditions

(1) While this Order is in force, the Company must—

(a) undertake the environmental monitoring plan set out in section 5.4 of the Environmental Assessment Report and such additional environmental monitoring as required by the Agency;

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

(c) agree any changes to the monitoring plan with the Agency.

(2) The Agency may—

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

(b) keep the monitoring 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 as to 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 keep such records relevant to this Order, in such format and for such time period as the Agency may require, and make these available to the Agency for inspection on reasonable request.

Section 7 Environmental mitigation

While this Order is in force, the Company must—

(a) immediately notify the Agency of any indicators of environmental impact as set out in Table 5.2 of the Environmental Assessment Report observed during environmental monitoring and state the proposed mitigation measures in Table 5.2 which are to be implemented to address such environmental impact;

(b) undertake the proposed mitigation measures communicated to the Agency pursuant to paragraph (a) unless otherwise agreed in writing with the Agency.

Section 8 Supplemental provision

For the purposes of regulation 19(3)(d) of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 , nothing in this Order is to be taken as authorising any event causing environmental damage.