# The South East Water Limited (River Ouse and Shell Brook) Drought Order 2025, Note: Explanatory note


(This note is not part of the Order)
This Order, made on the application of South East Water Limited (“the Company”), makes provision to meet a threatened serious deficiency of supplies of water in the Sussex region of the Company’s area of supply, which arises from an exceptional shortage of rain. In accordance with section 74(3) of the Water Resources Act 1991 (c. 57), this Order will cease to have effect at midnight on 2nd June 2026 (within six months of the day on which the Order comes into force).
The abstraction licence numbered 21/128 granted and reissued by the Environment Agency on 30th March 2004 (“the Licence”) currently authorises the Company to abstract water from the River Ouse at Barcombe, East Sussex subject to a range of conditions. Under the Licence the company may not abstract water from the River Ouse at Barcombe if the natural flow is less than 20 megalitres per day.
Article 3 modifies the conditions in Schedule 1 to the Licence relating to augmentation and compensation releases from Ardingly Reservoir to the Shell Brook by reducing the minimum flow from 4 megalitres per day to 1 megalitre per day.
Article 4 modifies the conditions in Schedule 2 to the Licence to reduce the natural flow in the River Ouse at Barcombe above which the Company is authorised to abstract water from 20 megalitres to 15 megalitres per day unless the level of the Ardingly Reservoir falls below 45.7 metres Above Ordnance Datum, equating to a useable storage of less than 500 megalitres, (“the Trigger Level”). When the Trigger Level is reached, the natural flow above which the Company is authorised to abstract water is further reduced to 10 megalitres per day. In addition, Article 4 increases the amount which the Company is authorised to abstract once the natural flow is greater than 40 megalitres per day. It also reduces the point at which the authorised daily maximum abstraction of 90.2 megalitres per day is reached from natural flow over 196 megalitres per day to natural flow over 184.89 megalitres per day unless the Trigger Level is reached in which case it is further reduced to natural flow over 173.78 megalitres per day.
Article 5 allows abstraction under Schedule 4 to the Licence to commence when this Order comes into force and continue for the duration of this Order.
Article 6 imposes conditions on the Company in respect of environmental monitoring set out in 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 and dated October 2025 (“the Environmental Assessment Report”) and as otherwise agreed with, or required by, the Environment Agency.
Article 7 imposes conditions on the Company in respect of mitigation measures set out in the Environmental Assessment Report.
Article 8 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).
The Licence and the Environmental Assessment Report are available for public inspection at Teville Gate House, Teville Road, Worthing, West Sussex BN11 1UR. You may contact the Environment Agency by email at enquiries@environment-agency.gov.uk or by telephone on 03708 506506 to make an appointment for public inspection of these documents.
A 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.

---
Source: https://www.legislation.gov.uk/uksi/2025/1266/note (the official version)
Page: https://openlegislation.uk/south-east-water-limited-river-ouse-and-shell-brook-drought-order-2025/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.