The responsible use of water resources is a matter of increasing public and regulatory scrutiny, particularly in regions affected by drought and water scarcity.
Recent events, such as those reported by the BBC regarding the use of water tankers to fill a private lake at Conholt Park in Wiltshire, have brought the legal and ethical dimensions of private water use into sharp focus.
In England, the abstraction and use of water for non-domestic purposes, such as irrigation or the creation of ornamental lakes, are governed primarily by the Water Resources Act 1991.
Under this legislation, the abstraction of water from the environment generally requires a licence from the Environment Agency, unless an exemption applies.
The Water Industry Act 1991 further regulates the supply of water by statutory undertakers, such as Southern Water, and imposes restrictions during periods of drought, including the imposition of hosepipe bans under the Drought Direction 2011.
While commercial activities, including construction and landscaping, may be exempt from certain domestic restrictions, the use of mains water for large-scale private projects can raise significant concerns regarding fairness, sustainability, and compliance with both the letter and spirit of the law.
Water companies retain the authority to restrict or prohibit the use of standpipes and other supply points if such use is deemed excessive or contrary to public interest.
The Conholt Park case exemplifies the tension between lawful abstraction and public perception, especially when local residents are subject to stringent restrictions.
As regulatory frameworks evolve to address climate change and resource scarcity, businesses and private landowners must remain vigilant in ensuring that their water use is not only legally compliant but also socially responsible.
At Dyne Solicitors, we have a dedicated team of lawyers who are specialists in Environmental Disputes and Regulatory Law. If you have any queries, please contact Alex Sandland or Patrik Jones-Wright.