Water UK, the body which represents all of the UK water companies, has called for the water companies to be made statutory consultees in the planning process for applications relating to unconventional and oil gas development via an amendment to the Infrastructure Bill currently going through Parliament.

Water UK made the call in its response to the Department for Communities and Local Government Consultation (DCLG) on statutory consultee arrangements in the planning process

Water UK said its members were unanimous in their support for the proposal and are seeking a solution in this current Parliament.

The water sector has a very strong interest in the issue of unconventional oil and gas development, - water and wastewater treatment are both crucial aspects,  particularly of the hydraulic fracturing process itself

In its response to, Water UK outlined the following three key reasons for having water companies as statutory consultees:

• To ensure that water companies are involved early in the planning process, so they can work with operators to develop solutions that will work for all stakeholders – and satisfy their regulatory duties;
• Statutory inclusion in the process would enhance the confidence of regulators and the public by demonstrating that impacts on drinking water and drinking water sources will be fully taken into account;
• The Water UK and UK Onshore Operators Group (UKOOG) Memorandum of Understanding, while a model of good practice, has no legal status and no real consequences if not complied with, and in any event only applies to current members of UKOOG.

Both Water UK and its members have consistently taken a neutral stance on the development of shale and other unconventional oil and gas reserves in the UK. Water UK said they acknowledged the risks of the country's growing dependence on imported gas and recognise the arguments for government policy on the extraction of unconventional oil and gas.

However, they also acknowledged that there are” inherent risks” associated with any activity of this type and scale which need to be fully understood, regulated and mitigated.

The Water UK response to DCLG said the hydraulic fracturing process will be heavily reliant on the water and wastewater services its  members provide, commenting:

“ It is essential to involve companies as much and as early as possible, so that companies can plan both for potential extra demand (in water-stressed areas such as the South East, this is crucial) and to consider solutions for removing untreated waste water safely.”

It also pointed out that while the Environment Agency (EA) has an important role in protecting water sources, “its resources are stretched.”  In addition,  the EA would not necessarily contact water companies in relation to important information they required, for example the data needed to carry out of drinking water safety plan risk assessments.

Water UK said early engagement in the planning process will enable water companies to satisfy their regulatory duties and to work with oil and gas operators to develop solutions e.g.  how the water used for hydraulic fracturing will be treated to rid it of chemicals and Naturally Occurring Radioactive Materials (NORM). Drinking water quality regulators in the UK had also noted that hydraulic fracturing poses a potential emerging hazard for drinking water and require water companies to consider the impacts in regulatory risk assessments.

The response says that having water companies as statutory consultees would give regulators confidence steps are in place to enable engagement - already the case in Scotland, where the regulator expects Scottish Water to be “cognisant of all activity in its catchments.”

In Water UK’s view the statutory inclusion of water companies in the process would enhance public confidence by demonstrating that impacts on drinking water and drinking water sources are fully taken into account.

Click here to download Water UK’s response in full.