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Planning Water Resources in England
and Wales
Purpose
The purpose of this position paper is to identify the procedures that apply to the planning, protection, conservation and allocation of water resources in England and Wales. Issues are discussed and proposals made to improve the processes so that a more holistic and sustainable approach is taken which is open and transparent, and encourages more public and community involvement and debate.
CIWEM calls for:
1. A national public debate on the future of water resources and water supply policy in the UK.
2. Water Companies to be made statutory consultees so that there is a formal interface with governments and planning authorities.
3. Water-related issues to be considered by planning authorities at the pre-planning stage.
4. The Environment Agency to examine the water supply/demand balance at national and regional levels, in addition to the local levels currently considered by water company resource plans.
5. Household metering to be compulsory in regions where water resources are under stress and a long-term target of metering for all supplies, to the point of economic justification.
6. Greater importance to be attached to planning for agricultural water needs.
7. Equal weight to be given to demand management and, where necessary, the development of new water resources when the required options appraisal is carried out.
8. The use of scenario-based long-term planning, looking at least 50 years into the future and taking into account the effects of climate change and population trends.
9. Greater clarity in the water resources planning process regarding the responsibilities of, in particular the Environment Agency, Department for Environment Food and Rural Affairs (Defra), Office of the Deputy Prime Minister (ODPM), the Welsh Assembly and the water undertakers.
10. Recognition by regulators and all other stakeholders of the importance of the Water Framework Directive, and the urgent establishment of an implementation time plan and full stakeholder engagement process.
11. Government to lead on a programme of public awareness campaigns to encourage a better understanding of the intrinsic value of water resources.
The Chartered Institution of Water and Environmental Management (CIWEM) is the leading professional body for the people who plan, protect and care for the environment and its resources, providing educational opportunities, independent information to the public and advice to government. Members in 96 countries include scientists, engineers, ecologists and students.
Definitions
‘Water resources’ are defined here as all naturally occurring and artificially created water bodies which can be used for the purpose of abstraction.
‘Water resources planning’ is defined here as the process by which existing water resources are utilised and future water resource needs identified and developed for whatever purpose (e.g. abstraction, transfers, in-river needs etc.)
Context
Water resources are the essence of life and have been a critical factor in the development of societies, communities and industries throughout time. Effective planning and management of water resources is essential now and in the future if sustainable development is to be ensured.
Water resources management in England and Wales is governed primarily by the water abstraction and impoundment licensing system (Scotland and Northern Ireland have different regulatory systems). This system was first introduced by the Water Resources Act 1963 and is presently set out mainly in the Water Resources Act 1991, although the Environment Act 1995 and the Water Industry Act 1991 also contain important provisions. The Water Act 2003 made a number of revisions to the primary duties and powers of the regulators of the water industry and the water environment.
The need to protect the environment is a vital consideration in the use of existing water resources and in the development of new resources. With this in mind legislation, notably the Wildlife and Countryside Act 1991 and the Conservation (Natural Habitats etc.) Regulations 1994, provide protection to Sites of Special Scientific Interest (SSSIs) and implement the EC Habitats Directive of 1992. In August 1999, the UK Government stated its intention to strengthen these controls. The Water Framework Directive, which came into force in December 2000, will consolidate a more holistic approach to the management of water resources from both the environmental and the economic perspective.
Regulation of water resources planning
The Environment Agency administers the water abstraction and impoundment licensing system, and has a general duty to secure the efficient and proper use of water resources in England and Wales. The Environment Agency also administers the discharge consent system and other controls on point sources of pollution through which the quality of both surface water and groundwater resources is largely protected (statutory control of some non-point sources of pollution presents particular difficulties). The statutory nature conservation agencies (English Nature and the Countryside Council for Wales) are responsible for protecting SSSIs. A range of other environmental organisations and stakeholders take an active interest in water resources planning as it affects their concerns.
The statutory water undertakers in England and Wales each have the duty to maintain and develop an efficient and economical system of water supply in their areas of appointment. Each is now expected to agree with the Environment Agency a 25-year water resources plan showing how it will maintain an adequate balance between supply and demand. The Director General of Water Services (Ofwat) provides the economic regulation of those undertakers and has a duty to ensure finance for the undertakers to properly carry their functions, which include a general duty to maintain supplies of water for domestic use. Government ministers have powers of Direction in relation to the Environment Agency and from time to time give guidance to both regulators, most recently in the March 2004 Principal guidance from the Secretary of State to the Director General of Water Services on the 2004 Periodic Review of water price limits.
The Secretary of State for Environment, Food and Rural Affairs, and in Wales the National Assembly for Wales, each have powers to make secondary legislation (regulations) under the Water Resources Act 1991 and other relevant legislation, although in some cases there are special provisions in relation to cross-border river catchments. The various powers and duties relating to water resources management contained in existing legislation are also generally exercisable in Wales (by the National Assembly for Wales) although again with special provisions which enable the Secretary of State to intervene in relation to matters affecting the catchments of the rivers Severn, Dee and Wye. New primary legislation for England and Wales remains a matter for the Secretary of State in the Westminster Parliament.
The Secretary of State or, in Wales, the National Assembly for Wales, is also responsible for the issue of planning policy guidance notes (PPGs), which set the overall context for the regional planning guidance (RPG) documents that, in their turn, influence local development plans. Both also determine planning appeals and have the power to call in for their own determination particularly controversial planning applications. ‘Planning’ encompasses not only housing and industrial development but also new infrastructure development such as reservoir or aqueduct construction.
Key Issues facing current and future water resources planning
• Protecting the environment: action may need to be taken where water use from existing water resources has a detrimental impact on the water environment either due to 'excessive' abstractions or by 'poor quality' effluent returns and diffuse pollution.
• Climate change: the latest UK Climate Impacts Programme (UKCIP) 2002 modelling suggests that, under the best available climate change modelling scenarios, future summers could become hotter and drier while winters will become warmer and wetter, particularly in the south and east of England. One implication of this might be that more surface water storage could be required to utilise the increased winter rainfall and to offset the reduced availability of water in summers.
• Demographic changes: an example is the projected increase in housing in south-east England where the Government's requirement for new housing to be provided in that region (Office of the Deputy Prime Minister's sustainable housing initiative) will place even greater strain on already stretched water resources and effluent infrastructure.
• Higher standards of living: as customers invest more of their income in their homes and gardens, they increasingly expect to have an uninterrupted water supply that meets all of their needs, regardless of whether those needs might be viewed as “non-essential” by water resource planners.
• Drought planning: during periods of low rainfall and drought, measures may have to be taken to reallocate water between various legitimate water users, for example between public water supply, spray irrigation for agriculture, and the environment (e.g. maintaining river levels).
• Investment planning: to achieve a more holistic and sustainable approach to water resource planning requires government (ministers), government bodies (Defra, English Nature), regulators (Environment Agency, Ofwat), regional planning bodies and water undertakers to work in harmony to ensure that investment in services is timely and optimal.
• Leakage: Whilst it is not technically viable, or indeed economically sound, to achieve zero leakage, some utilities have still to reduce leakage significantly to approach the economic level.
• The Water Framework Directive: implementation of this wide-ranging Directive is a challenge that will only succeed if it is recognised by regulators, the public and all other stakeholders as important. The outcome will have a significant impact on the future quality and quantity of water available for abstractors and as such, an implementation time plan and stakeholder engagement process is urgently required.
CIWEM’s Views
1. CIWEM supports the twin-track approach to water resource planning (water conservation together with new resources). However, demand management and new resource options should be assessed on an equal basis when the required options appraisal is undertaken. Demand management measures, including leakage control, have been implemented with considerable success over the past 10 years and we are reaching the point where current funding and policy priorities mean that there is reducing potential for economically viable further savings and the incremental costs of demand management are rising. Meanwhile, there are demographic trends towards the need for more water (for example regional growth in southeast England) and climate change is affecting demands and resource availability. Unless there is a policy shift to enable successful implementation of significant further demand management, new resources will have to be given greater consideration.
2. CIWEM believes that household metering should be made compulsory in regions where water resources are under stress to assist in water conservation and that the Defra should have the authority to declare water-stressed area status and instruct companies to meter all properties where practicable.
3. CIWEM supports scenario-based long-term planning for the effects of climate change on water resources and demands. These scenarios should look at least 50 years ahead, and should consider a wide range of alternatives, including the impact of likely climate changes on the occurrence of extreme events.
4. CIWEM considers that more attention should be given to planning for agricultural water needs, particularly in the context of potential climate change. At present, our water resource planning concentrates almost entirely on public water supplies, mainly for domestic consumption. There should be planning on a national and regional scale for meeting future agricultural demands for water.
5. CIWEM supports the Environment Agency's role in water resource planning at both national and regional levels. Water resource planning should look at the supply/demand balance at national and regional levels, as well as the local levels currently considered by water company resource plans. Options for meeting potential deficits should be considered at national and regional levels as well as locally.
6. Water companies should become statutory consultees so there is a formal interface with planning authorities.
7. Greater clarity is needed in the planning process with regard to responsibilities, particularly between the Environment Agency, Defra, ODPM, the Welsh Assembly and water undertakers. This should include reference to the economic and development plans of Regional Development Agencies and other planning authorities. To this effect, there is a need for a national debate on the future of water resources and supply policy in the UK. This could be led by Defra but CIWEM could be considered as an appropriately independent and authoritative body to undertake such a task.
8. The roles, responsibilities and potential conflicts between the Regulators (Environment Agency, Ofwat, Defra) need to be exposed and resolved in this debate, in particular the conflict regarding the funding and promotion of demand management measures. Whilst many demand management measures can contribute to the long-term sustainable use of water resources, in present economic terms they are often less cost-effective than the alternative of developing new water resources.
9. There is a need for an open, honest and transparent debate on the issue of water resource planning and more decision-making based on information, sound science and understanding.
10. The planning process which gives rise to regional, county and local development plans needs to consider water-related issues at the pre-planning stage and to develop a holistic and sustainable development process.
11. There is inadequate public consultation on water resources issues, certainly at the local level. In some respects there is an element of public apathy but this is because of a lack of information and understanding of the issues involved. This will need to be addressed as a requirement of the Water Framework Directive. There is a need to engage water users, the general public, media, opinion-formers etc. in this process and to educate and inform them so they can make informed decisions. The Water Act 2003 places a statutory duty on water companies to submit Water Resources Plans to the Secretary of State, and requires those plans to be made public and consulted on.
12. CIWEM would be an ideal body to initialise the discussions with the main parties involved with the issues discussed in this PPS, either through an open workshop approach or by a more formalised conference where the issues are debated.
March 2005
Note: CIWEM Policy Position Statements (PPSs) represent the Institution’s views on issues at a particular point in time. It is accepted that situations change as research provides new evidence. It should be understood, therefore, that CIWEM PPSs are under constant review, and that previously held views may alter and lead to revised PPS’s.
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