may be cited as the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025;
The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025
Published: Wed 3rd Dec 25
The Secretary of State issued the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025, effective from December 3, 2025, until June 2, 2026, to address a threatened serious water supply deficiency in the Sussex region caused by an exceptional shortage of rain.
This Order temporarily modifies South East Water Limited's existing abstraction licence (No. 21/128) by reducing required compensation release volumes to the Shell Brook, altering the natural flow conditions under which water can be abstracted from the River Ouse at Barcombe, and enabling abstraction at Ardingly during the Order's duration.
The Order mandates adherence to an environmental monitoring plan and specific mitigation measures detailed in a supporting Environmental Assessment Report.
Arguments For
Addresses an immediate, necessary public need by allowing modified water abstraction to combat a serious deficiency caused by exceptional rainfall shortage in the Sussex supply region.
Provides temporary procedural certainty for South East Water Limited by clearly defining the duration and specific modifications to existing abstraction and compensation release licences.
Incorporates monitoring and mitigation requirements based on an Environmental Assessment Report, balancing water supply needs against environmental protection during the drought period.
Follows established legal procedure under the Water Resources Act 1991, having satisfied requirements for notice and responding to a situation deemed an exceptional shortage of rain.
Arguments Against
Temporarily reduces environmental flows (augmentation and compensation releases) into the Shell Brook, potentially impacting local aquatic ecosystems.
Modifies strict limits on water abstraction from the River Ouse at Barcombe, lowering the natural flow threshold required before abstraction can occur, which increases environmental pressure on the river system.
The Order is time-limited (approximately six months), possibly necessitating subsequent legal action or creating uncertainty if the shortage persists beyond June 2026.
The decision relies on a pre-approved Environmental Assessment Report; however, environmental impacts, though subject to monitoring, are inherently greater when abstraction limits are loosened.
South East Water Limited (“the Company”) has made an application for an ordinary drought order under section 73(3)(b) of the Water Resources Act 19911 (“the Act”).
The Secretary of State is satisfied that proper notices of the application have been published and served by the Company in accordance with paragraph 1 of Schedule 8 to the Act2 and no objections to the application have been made.
In accordance with section 73(1) of the Act3, the Secretary of State is also satisfied that, by reason of an exceptional shortage of rain, a serious deficiency of supplies of water is threatened in the Sussex region of the Company’s area of supply.
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 power conferred by sections 73(1) and 74(2)(f) and (5) of, and paragraph 2(5) of Schedule 8 to, the Act.
South East Water Limited applied for an ordinary drought order under the Water Resources Act 1991 due to water supply issues.
The Secretary of State confirmed that the required public notices were issued correctly and no objections were received.
The Secretary of State determined that an exceptional shortage of rain threatens a serious deficiency of water supplies in the Sussex region of the Company's supply area.
Therefore, it is deemed necessary to enact this Order using powers granted under sections 73(1), 74(2)(f) and (5), and Schedule 8, paragraph 2(5) of the Act.
Citation, commencement, expiry, extent and application1.
This Order—
(a)
(b)
comes into force on 3rd December 2025 and ceases to have effect at midnight on 2nd June 2026; and
(c)
extends to England and Wales and applies in relation to England only.
This section establishes the official title as the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025.
The Order begins on December 3, 2025, and automatically expires six months later at midnight on June 2, 2026.
The provisions of the Order apply across England and Wales but are only operative within England.
Interpretation2.
In this Order—
“the Company” means South East Water Limited (company number 02679874);
“the Environmental Assessment Report” means the document titled “South East Water - Water Resources Act 1991 - Section 74 Drought Order (River Ouse) Barcombe Mills - Winter Drought Scenario: Environmental Assessment Report” produced by Johns Associates Limited dated October 20254;
“the Licence” means the abstraction licence numbered 21/128 granted and reissued by the Agency on 30th March 2004 authorising;
(a)
augmentation release and compensation release from Ardingly Reservoir to the Shell Brook (Schedule 1 to the Licence),
(b)
abstraction from the River Ouse at Barcombe (Schedule 2 to the Licence),
(c)
abstraction from Ardingly Reservoir (Schedule 3 to the Licence), and
(d)
abstraction from the River Ouse at Ardingly (Schedule 4 to the Licence),
to the extent and manner, and subject to the terms and conditions, set out in Schedule 1 to the Licence5.
This section defines key terms used throughout the Order. "The Company" refers specifically to South East Water Limited. "The Environmental Assessment Report" is the dated document from Johns Associates Limited assessing the drought scenario related to the River Ouse abstraction.
"The Licence" refers to abstraction licence number 21/128, issued by the Agency on March 30, 2004.
This licence covers four activities: water release for augmentation and compensation into the Shell Brook (Schedule 1), abstraction from the River Ouse at Barcombe (Schedule 2), abstraction from Ardingly Reservoir (Schedule 3), and abstraction from the River Ouse at Ardingly (Schedule 4).
Modification of the conditions for augmentation release and compensation release in Schedule 1 to the Licence3.
While this Order is in force, in Schedule 1 to the Licence—
(a)
the definition of “Augmentation Release” is to be read as if for “4,000 metres3 per day” there were substituted “1,000 metres3 per day”
;
(b)
the section headed “COMPENSATION RELEASE” is to be read as if for “4,000 metres3 per day” there were substituted “1,000 metres3 per day”
.
This article modifies Schedule 1 of the existing Licence while the drought Order is active. It reduces the required daily volume for 'Augmentation Release' from 4,000 cubic metres per day to 1,000 cubic metres per day.
Similarly, the minimum daily requirement for 'COMPENSATION RELEASE' into the Shell Brook is reduced from 4,000 cubic metres per day to 1,000 cubic metres per day under this Order.
Modification of authorisation to abstract water from the River Ouse at Barcombe4.
While this Order is in force, Schedule 2 to the Licence is modified as follows—
(a)
subject to paragraph (b), for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table:
Condition | Quantity Authorised Daily |
|---|---|
If Natural Flow < 15,000m3 per day | Nil |
If Natural Flow > 15,000m3 but < 40,000m3 per day | The amount by which Natural Flow exceeds 15,000m3 per day |
If Natural Flow > 40,000m3 but < 184,888m3 per day | 25,000m3 per day +45% of the amount by which Natural Flow exceeds 40,000m3 per day, up to a maximum of 90,200m3 per day |
If Natural Flow > 184,888m3 per day | 90,200m3 per day |
(b)
If the level of the Ardingly Reservoir falls below 45.7 metres Above Ordnance Datum, equating to a useable storage of less than 500 megalitres, for the table at point 1 (Of the Natural Flow) in the section headed “MAXIMUM QUANTITY OF WATER TO BE ABSTRACTED” substitute the following table:
Condition | Quantity Authorised Daily |
|---|---|
If Natural Flow < 10,000m3 per day | Nil |
If Natural Flow > 10,000m3 but < 40,000m3 per day | The amount by which Natural Flow exceeds 10,000m3 per day |
If Natural Flow > 40,000m3 but < 173,777m3 per day | 30,000m3 per day +45% of the amount by which Natural Flow exceeds 40,000m3 per day, up to a maximum of 90,200m3 per day |
If Natural Flow > 173,777m3 per day | 90,200m3 per day |
This article modifies Schedule 2 of the Licence, which governs abstraction from the River Ouse at Barcombe.
Paragraph (a) substitutes a table that dictates abstraction amounts based on the Natural Flow (NF).
The condition where abstraction is prohibited (NF < 15,000 m³/day) is established, and progressive abstraction limits are set up to a maximum of 90,200 m³/day, reached when NF exceeds 184,888 m³/day.
Paragraph (b) introduces a more restrictive condition if the Ardingly Reservoir drops below a specific level (45.7 metres Above Ordnance Datum, equivalent to less than 500 megalitres usable storage).
Under this critical condition, the minimum NF for any abstraction rises to 10,000 m³/day, and the volume calculations shift, with a maximum of 90,200 m³/day being reached when NF exceeds 173,777 m³/day, reflecting a higher precautionary level.
Modification of the period during which water is authorised to be abstracted from the River Ouse at Ardingly5.
While this Order is in force, Schedule 4 to the Licence is to be read as if in the section headed “PERIOD DURING WHICH WATER IS AUTHORISED TO BE ABSTRACTED FOR THIS SCHEDULE”, for “November to April inclusive” there were substituted “The period that the South East Water Limited (River Ouse and Shell Brook) Drought Order 2025 is in force”
.
This article modifies Schedule 4 to the Licence concerning abstraction from the River Ouse at Ardingly.
Typically, this abstraction is restricted to the period between November and April, inclusive.
During the duration of this Drought Order, this restriction is temporarily replaced, allowing abstraction from Ardingly whenever the Drought Order itself is in force.
Monitoring conditions6.
(1)
While this Order is in force, the Company must—
(a)
undertake the environmental monitoring plan set out in section 5.4 of the Environmental Assessment Report and such additional environmental monitoring as required by the Agency;
(b)
keep the monitoring plan under review to ensure that it remains appropriate;
(c)
agree any changes to the monitoring plan with the Agency.
(2)
The Agency may—
(a)
at any time, require such changes to be made to the monitoring plan as it deems appropriate;
(b)
keep the monitoring plan under review to ensure it remains appropriate.
(3)
The Company must produce a weekly report, in such format as the Agency may require, detailing—
(a)
the results of the Company’s monitoring;
(b)
how the Company has complied with the conditions of this Order;
(c)
information as to how the Company has operated its water sources in accordance with the Licence and this Order.
(4)
The Company must provide such further information relating to the weekly report as the Agency may require.
(5)
The Company must keep such records relevant to this Order, in such format and for such time period as the Agency may require, and make these available to the Agency for inspection on reasonable request.
This article sets mandatory monitoring requirements for the Company while the Order is active. The Company must execute the environmental monitoring plan detailed in the Environmental Assessment Report, plus any extra monitoring requested by the Environment Agency (the Agency).
The Company must continuously review the monitoring plan for appropriateness and get the Agency's agreement for any proposed changes.
The Agency maintains the right to require changes or review the plan itself.
Furthermore, the Company must submit a weekly report, formatted as requested, detailing monitoring results, compliance with the Order's conditions, and operational procedures regarding water sources under both the Licence and this Order.
The Agency can request additional information related to the weekly report, and the Company must keep all relevant records available for inspection upon reasonable request.
Environmental mitigation7.
While this Order is in force, the Company must—
(a)
immediately notify the Agency of any indicators of environmental impact as set out in Table 5.2 of the Environmental Assessment Report observed during environmental monitoring and state the proposed mitigation measures in Table 5.2 which are to be implemented to address such environmental impact;
(b)
undertake the proposed mitigation measures communicated to the Agency pursuant to paragraph (a) unless otherwise agreed in writing with the Agency.
This section imposes environmental mitigation obligations on the Company during the drought period.
If environmental monitoring reveals any impact indicators listed in Table 5.2 of the Environmental Assessment Report, the Company must immediately inform the Agency and specify which mitigation measures from that table will be applied.
The Company is then required to carry out these stated mitigation measures unless the Agency grants written agreement for an alternative approach.
Supplemental provision8.
For the purposes of regulation 19(3)(d) of the Environmental Damage (Prevention and Remediation) (England) Regulations 20156, nothing in this Order is to be taken as authorising any event causing environmental damage.
This concluding article clarifies the legal relationship between the Drought Order and environmental protection laws.
Specifically, actions authorized by this Order cannot legally be considered 'environmental damage' under Regulation 19(3)(d) of the 2015 Environmental Damage Regulations.
This means the Company cannot use this drought authorization as a defense or justification if challenged regarding remediation notices related to causing environmental damage under that specific regulation.
For and on behalf of the Secretary of State
Davide Minotti
Deputy Director, Floods and Water
Department for Environment, Food and Rural Affairs
This section formally authenticates the Order.
It shows that Davide Minotti, acting as Deputy Director for Floods and Water within the Department for Environment, Food and Rural Affairs (Defra), issued the document on behalf of the Secretary of State on December 2, 2025.
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