The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017

Artificial or heavily modified water bodies

15.—(1) The appropriate agency may designate a body of surface water as artificial or heavily modified if it considers that—

(a) the changes to the hydromorphological characteristics of that body which would be necessary for achieving good ecological status would have significant adverse effects on—

(i) the wider environment,

(ii) navigation, including port facilities, or recreation,

(iii) activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation,

(iv) water regulation, flood protection, land drainage, or

(v) other sustainable human development activities which the appropriate agency considers are of equal importance to the matters in paragraphs (i) to (iv), and

(b) the beneficial objectives served by the artificial or modified characteristics of the water body cannot, for reasons of technical feasibility or disproportionate cost, reasonably be achieved by other means which are a significantly better environmental option.

(2) Designations under this regulation, and an explanation for them, must be included in the relevant river basin management plan, and reviewed (and where necessary revised) when that plan is updated under Part 6.