Statutory Instruments
2022 No. 902
Water Resources, England
The Environment Agency (Holme Styes Reservoir) Drought Order 2022
Made
11th August 2022
Coming into force
15th August 2022
The Environment Agency has made an application for an ordinary drought order under section 73(3)(a) 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 Environment Agency in accordance with paragraph 1 of Schedule 8 to the Act( 2 ) and no objections to the application have been made.
The Secretary of State is satisfied that, by reason of an exceptional shortage of rain, there exists such a deficiency in the level of water in the Holme Styes Reservoir as to pose a serious threat to flora and fauna which are dependent on those waters, including flora and fauna in the River Ribble into which the reservoir flows.
It appears to the Secretary of State expedient to make the provisions in this Order with a view to meeting this deficiency.
The Secretary of State makes this Order in exercise of the powers conferred by sections 73(1) and 74(1)(d) and (5) of, and paragraph 2(5) of Schedule 8 to, the Act( 3 ).
Citation, commencement and expiry
1. This Order—
(a) may be cited as the Environment Agency (Holme Styes Reservoir) Drought Order 2022; and
(b) comes into force on 15th August 2022 and ceases to have effect on 14th February 2023.
Interpretation
2. In this Order—
“ the Company ” means Yorkshire Water Services Limited;
“ the Licence ” means the impoundment licence numbered NE/027/0010/010 issued by the Environment Agency on 14th April 2020, authorising the Company to obstruct or impede the flow of the inland water known as the River Ribble at Holme Styes Reservoir, West Yorkshire, to the extent and manner, and subject to the terms and conditions, set out in the Schedule of Conditions to the Licence( 4 ).
Modification of the minimum rate of compensation water discharged from the Holme Styes Reservoir into the River Ribble
3. While this Order is in force—
(a) conditions 4.1 and 4.2(ii) of the Schedule of Conditions to the Licence are to be read as if for the words “1.98 megalitres”, there were substituted the words “0.99 megalitres” ; and
(b) condition 4.2(i) of the Schedule of Conditions to the Licence is to be read as if for the words “4 megalitres” there were substituted the words “0.99 megalitres” .
Supplemental provision
4. For the purposes of regulation 19(3)(d) of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015( 5 ) nothing in this Order is to be taken as authorising any event causing environmental damage.
For and on behalf of the Secretary of State
Amira Amzour
Deputy Director, Water Quality
Department for Environment, Food and Rural Affairs
11th August 2022
1991 c. 57 . Section 73(3) of the Water Resources Act 1991 (“ the Act ”) was amended by paragraphs 128 and 139(1) and (3) of Schedule 22 to the Environment Act 1995 (c. 25) and by S.I. 2013/755 .
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) and by S.I. 2010/675 and 2013/755 .
Section 73(1) of the Act was amended by paragraph 139(1) and (2) of Schedule 22 to the Environment Act 1995 and by S.I. 2013/755 . Section 74(1) was amended by S.I. 2010/675 and 2013/755 .
The Licence is available for public inspection at Environment Agency, Lateral House, 8 City Walk, Leeds LS11 9AT.