{
  "url": "https://openlegislation.uk/environment-agency-upper-black-moss-and-lower-black-moss-reservoirs-drought-order-2022/note",
  "json_url": "https://openlegislation.uk/environment-agency-upper-black-moss-and-lower-black-moss-reservoirs-drought-order-2022/note.json",
  "legislation": "uksi/2022/1059",
  "legislation_title": "The Environment Agency (Upper Black Moss and Lower Black Moss Reservoirs) Drought Order 2022",
  "legislation_url": "https://openlegislation.uk/environment-agency-upper-black-moss-and-lower-black-moss-reservoirs-drought-order-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order, made on the application of the Agency, makes provision to meet a deficiency in the level of water in the Black Moss Reservoir, which arises from an exceptional shortage of rain and poses a serious threat to the flora and fauna which are dependent on those waters, including flora and fauna in Black Moss Water, a river into which these reservoirs flow. In accordance with section 74(3) of the Water Resources Act 1991 (c. 57), this Order will cease to have effect on 17th April 2023 (within six months of the day on which the Order comes into force).\nThe abstraction licence numbered 2671322033 currently requires United Utilities Water Limited (“the Company”) to make a continuous release of compensation flow from Black Moss Reservoir to Black Moss Water of not less than 2,682 cubic metres per day.\nThe effect of this Order is to modify the conditions in the abstraction licence so that the volume of compensation water that the Company is required to release is reduced to not less than 1,341 cubic metres per day.\nArticle 4 imposes conditions on the Company in respect of environmental monitoring and remediation which expire when the Order ceases to have effect.\nArticle 5 provides that the modifications made by this Order are not to be taken as authorising any environmental damage for the purposes of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015 (S.I. 2015/810) (and accordingly, the Company may not rely on this Order to support grounds for an appeal against a notice relating to remediation of environmental damage).\nThe abstraction licence is available for public inspection at the Environment Agency, Lutra House, Dodd Way, Off Seedlee Road, Walton Summit, Bamber Bridge, Preston, PR5 8BX.\nA full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2022/1059/note",
    "retrieved_at": "2026-10-28T21:54:55.483129+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}