Water white paper: Legal comment

Water reform is on the way after the UK government unveiled its plans in a new white paper.

The report by the Department for Environment, Food & Rural Affairs, titled A new vision for water, sets out the powers that will be given to a new regulator to replace Ofwat.

It says this body will be tasked with delivering tougher oversight and accountability for water companies.

Ben Standing, partner in planning and environment at UK and Ireland law firm Browne Jacobson, said: “This white paper reflects the government’s determination to take a tougher stance on the water industry with more robust oversight and accountability for utilities companies.

“There appears to be national consensus that the current regulatory system needs overhauling following well-publicised issues with illegal sewage spills, along with greater investment into our water infrastructure to ensure we have a supply fit for the 21^st century and beyond.

“Effective regulation isn’t an easy task, however, and while many will call for harsher penalties for water companies that fail to comply with their statutory duties, it’s incumbent on government to work closely with those organisations to address some of the root causes of non-compliance.

“Issues they will cite include a lack of investment in ageing water infrastructure, such as pipe and sewer networks, as well as inaccurate centralised environmental data that prevents them from initiating comprehensive reviews of their processes and systems.

“The importance of the water issue is only going to grow due to the increased demands for this resource from a rising population, more housing and greater uncertainty in weather conditions caused by climate change, characterised by periods of heavy rainfall and then droughts.

“Our water system needs to be able to provide throughout these weather variations and will likely require significant long-term investment in infrastructure such as reservoirs – having not built one since 1992.

“The emphasis in the proposed reforms on bringing councils, water companies, farmers and developers together to deliver joined-up local water plans is welcomed, and reflects the government’s big picture thinking for collaborative thinking at local and regional level on strategic priorities.”