Drought: minister lets the Agency take more water to avoid rota cuts

On 19 October the government published a document that until then existed only in summary: the minister's written direction to the Environment Agency. Its meaning is short and uncomfortable — in areas of severe drought, water in the taps comes before water in the rivers, and to that end the Agency is allowed to step back temporarily from its own rules.

What is the document and when did it take effect?

It is a Direction under section 40 of the Environment Act 1995, signed by Emma Hardy, Minister of State at the Department for Environment, Food and Rural Affairs (Defra). It was made on Thursday 15 October and came into force the same day; it was published on GOV.UK on 19 October, four days later.

ADV · A001ONLYWAY JEWELRY — gold, silver and platinumRings, chains, bracelets, earrings and pendants. Delivery across the UK.Advertise here

It will be reviewed monthly and expires once severe drought status is lifted from every area it lists.

Which areas does it cover?

The direction itself names the water resource zones around four reservoirs: Wimbleball, Ardingly, Roadford and Colliford.

Severe drought status was declared on 15 October and covers parts of Cornwall, Devon, Dorset, Somerset, East Sussex and West Sussex. The Environment Agency separately names four more South West Water reservoirs serving south Devon and west Cornwall: Drift, Stithians, Tottiford and Venford. Residents of those counties are told to check with their own water company, because water resource zones do not follow county boundaries.

What exactly is the Agency allowed to do?

The direction requires the Agency to give priority to public water supply in the listed areas when exercising its functions. Specifically it may use Local Enforcement Positions — temporarily reducing required environmental releases and changing abstraction constraints in order to preserve reservoir storage.

The purpose is stated plainly: to reduce the risk of rota cuts and supply interruption. This is not about watering lawns; it is about keeping water coming out of the tap around the clock.

ADV · A003We build websites for tradespeople and sole traders — £219Customers see your work and prices and message you straight away. Ready in 3 days, £219 instead of £438.Advertise here

The limits are written in too. Decisions must be proportionate and necessary, supported by evidence, accompanied by enhanced monitoring and by mitigation and restoration measures, and revoked as soon as severe drought status is lifted. The document also states that it does not override the Agency's statutory environmental duties and does not authorise unlawful activity.

Who checks on this?

The Agency must work with Defra, the affected water companies and Local Resilience Forums, and then report to Defra in writing: which measures were used, how much water that made available to public supply, and what the environmental impacts and mitigations were.

Alongside this, the government said on 15 October that water companies have been ordered to monitor reservoir and river levels daily and to step up water quality monitoring, while the Agency increases compliance checks on businesses that take water from natural sources.

What does it mean for residents right now?

Severe drought status does not automatically bring new restrictions — the Environment Agency says so directly. But water companies in affected areas may add their own measures: taking more water from the environment and limiting some business use. On 15 October the government said customer supplies will be uninterrupted.

Severe drought is the highest level of drought that can be declared. It is declared when evidence shows drought is causing, or will soon cause, serious harm and emergency action is needed to protect people, water supplies, the environment, farming and infrastructure.

How bad is it in numbers?

At the time of the declaration 82 per cent of England remained in drought. April to September was the driest in more than a century. Recovery in some areas needs 120 per cent of typical rainfall over the next six months, and further dry weather was forecast for the rest of October.

Environment Secretary Dame Angela Eagle called it a level of drought "we have not experienced for decades". Environment Agency Chief Executive Philip Duffy said the weather cannot be changed but water companies can act now, and that the Agency expects them to follow their drought plans.