The Department for Environment, Food and Rural Affairs has granted an application by the Environment Agency for a drought order under Section 73 of the Water Resources Act 1991.

The order, which was granted on 17 October 2022 and came into force on 18 October 2022, is due to the threat of a serious deficiency of supplies of water for compensation flows from Upper Black Moss and Lower Black Moss Reservoirs to Black Moss water.

The order will apply up to 17^th April 2023 and will allow the Environment Agency to instruct United Utilities to reduce the compensation flows from 2.682Ml/day to 1.341Ml/day during the period of operation of the order. The reservoirs are “compensation only” with no water used for direct water supply. No objections to the application have been made.

The order says:

“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 Upper Black Moss and Lower Black Moss reservoirs as to pose a serious threat to flora and fauna which are dependent on those waters, including flora and fauna in Black Moss Water, into which the reservoirs flow.”

While the Order is in force, United Utilities must use a meter that is capable of continuous measurement of the compensation flow from Black Moss Reservoir to Black Moss Water and record readings of the compensation flow every 48 hours, or at any other intervals approved by the Agency. in writing.

The water company has also been required to submit an environmental monitoring and remediation plan to the Agency which it will have to follow for the period during which the order is in force and keep the plan under review to ensure it remains appropriate.

To date United Utilities has not itself submitted any drought order or permit applications.