Drought Permit Success – Dr Michael J. Bowes

Dr Michael J. Bowes was instructed as sole counsel for South East Water at the public hearing concerning its application for a drought permit for Ardingly Reservoir. He was supported by a team of senior water-resource, operational, environmental and communications specialists. Following the hearing, the Environment Agency granted the permit for six months, until 29 March 2027, unless it is withdrawn earlier.

Drought permits are governed by section 79A of the Water Resources Act 1991. The Environment Agency may grant a permit where it is satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of water supplies exists or is threatened. A permit may temporarily authorise abstraction or modify existing restrictions and obligations, subject to appropriate conditions. It is a significant statutory measure, available only where the prescribed exceptional circumstances are established.

The permit allows the daily compensation release from Ardingly Reservoir into Shell Brook to be reduced from four megalitres to one megalitre. It also modifies the flow restrictions governing abstraction from the River Ouse at Barcombe Mills. These temporary measures are intended to preserve essential storage within Ardingly Reservoir, which serves approximately 280,000 customers and had fallen to a record low for that time of year.

The decision followed careful preparation by South East Water, implementation of its Drought Plan and the presentation of detailed evidence at the hearing. The company’s specialists worked collaboratively to address the statutory test, the risk to public water supplies, the potential environmental consequences, and the proposed monitoring and mitigation measures. The grant of the permit is an important outcome which will assist South East Water in protecting public water supplies while managing the effects upon the River Ouse and its surrounding environment.

Dr Bowes is a recognised expert in energy and utilities, with particular expertise in water law, in which he holds a doctorate.

https://www.gov.uk/government/news/drought-permit-granted-to-help-ardingly-reservoir