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The South East Water Ltd (River Ouse, Barcombe) Drought Order 2011
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Statutory Instruments
2011 No. 3059
Water Resources, England
The South East Water Ltd (River Ouse, Barcombe) Drought Order 2011
Made
21st December 2011
Coming into force
22nd December 2011
South East Water Ltd (“the Company”) has made an application for an ordinary drought order under section 73(3)(b) of the Water Resources Act 1991 (“the Act”)(1).
The Secretary of State is satisfied that proper notices of the application have been published and served by the Company in accordance with paragraph 1 of Schedule 8 to the Act(2).
Certain objections to the application have been made to the Secretary of State, which have not been withdrawn.
It appears to the Secretary of State that a drought order is required to be made urgently to enable the deficiency of supplies of water in the Sussex region of the Company’s area of supply to be met effectively. The Secretary of State has directed that the requirements of paragraph 2(1) of Schedule 8(3) to the Act be dispensed with in relation to the application in accordance with paragraph 2(2) of that Schedule.
The Secretary of State has considered the objections to the proposed drought order.
The Secretary of State is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water exists or is threatened in the Sussex region of the Company’s area of supply.
It appears to the Secretary of State expedient to modify the restrictions to which the Company is subject as respects the taking of water from the River Ouse at Barcombe with a view to meeting the deficiency of supplies of water in that area of supply.
The Secretary of State makes this Order in exercise of the powers conferred by sections 73(1) and (4) and 74(2)(f) and (5) of, and paragraph 2(5) of Schedule 8 to, the Act(4).
(1)
1991 c. 57. Section 73(3) of the Water Resources Act 1991 was amended by paragraphs 128 and 139(1) and (3) of Schedule 22 to the Environment Act 1995 (c. 25).
(2)
Paragraph 1 of Schedule 8 to the Act was amended by paragraph 128 of Schedule 22 to the Environment Act 1995 and paragraph 3(7) of Schedule 11 to the Local Government (Wales) Act 1994 (c. 19).
(3)
Under paragraph 2(1) of Schedule 8 to the Act, the Secretary of State is required, before making a drought order, to cause a local inquiry to be held or to afford an objector an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4)
Section 73(1) of the Act was amended by paragraph 139(1) and (2) of Schedule 22 to the Environment Act 1995.
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