SI 2025/997 - The Environment Agency (Holme Styes Reservoir) Drought (No. 2) Order 2025

S TAT U T O R Y I N S T R U M E N T S 2025 No. 997 WATER RESOURCES, ENGLAND The Environment Agency (Holme Styes Reservoir) Drought (No.

2) Order 2025 Made - - - - 3rd September 2025 Coming into force - - 4th September 2025 The Environment Agency has made an application for an ordinary drought order under section 73(3)(a) of the Water Resources Act 1991(a) (“the Act”).

The Secretary of State is satisfied that proper notices of the application have been published and served by the Environment Agency in accordance with paragraph 1 of Schedule 8 to the Act(b) and no objections to the application have been made.

In accordance with section 73(1) of the Act(c), the Secretary of State is also satisfied that, by reason of an exceptional shortage of rain, there exists such a deficiency in the level of water in the Holme Styes Reservoir as to pose a serious threat to flora and fauna which are dependent on those waters, including flora and fauna in the River Ribble into which the reservoir flows.

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 powers conferred by sections 73(1) and 74(1)(d)(ii) and (5) of, and paragraph 2(5) of Schedule 8 to, the Act(d).

Citation, commencement, expiry, extent and application

1. This Order—

(a) may be cited as the Environment Agency (Holme Styes Reservoir) Drought (No. 2)

Order 2025;

(b) comes into force on 4th September 2025 and ceases to have effect at midnight on 3rd March 2026; and

(a) 1991 c. 57 (“the Act”). Section 73(3) of the Act was amended by paragraphs 128 and 139(3) of Schedule 22 to the Environment Act 1995 (c. 25) and by S.I. 2013/755 (W. 90). For the meaning of “ordinary drought order” see section 73(1) of the Act.

(b) Paragraph 1 of Schedule 8 to the Act was amended by paragraph 128 of Schedule 22 to the Environment Act 1995 and paragraph 3(7) of Schedule 11 to the Local Government (Wales) Act 1994 (c. 19) and by S.I. 2010/675 and 2013/755 (W. 90).

(c) Section 73(1) of the Act was amended by paragraph 139(2) of Schedule 22 to the Environment Act 1995.

(d) Section 74(1) of the Act was amended by S.I. 2013/755 (W. 90); there are no other relevant amendments.(c) extends to England and Wales but applies in relation to England only.

Interpretation

2. In this Order— “the Company” means Yorkshire Water Services Limited (company number 02366682); “the Licence” means the impoundment licence numbered NE/027/0010/010 issued by the Environment Agency on 14th April 2020, authorising the Company to obstruct or impede the flow of the inland water known as the River Ribble at Holme Styes Reservoir, West Yorkshire, to the extent and manner, and subject to the terms and conditions, set out in the Schedule of Conditions to the Licence(a).

Modification of the minimum rate of compensation water discharged from the Holme Styes Reservoir into the River Ribble

3. While this Order is in force—

(a) conditions 4.1 and 4.2(ii) of the Schedule of Conditions to the Licence are to be read as if for the words “1.98 megalitres” there were substituted the words “0.65 megalitres”; and

(b) condition 4.2(i) of the Schedule of Conditions to the Licence is to be read as if for the words “4 megalitres” there were substituted the words “0.65 megalitres”.

Supplemental provision

4. For the purposes of regulation 19(3)(d) of the Environmental Damage (Prevention and Remediation) (England) Regulations 2015(b), nothing in this Order is to be taken as authorising any event causing environmental damage.

Revocation

5. The Environment Agency (Holme Styes Reservoir) Drought Order 2025(c) is revoked.

For and on behalf of the Secretary of State.

Davide Minotti Deputy Director, Floods and Water 3rd September 2025 Department for Environment, Food and Rural Affairs

(a) The Licence is available for public inspection at Environment Agency, Lateral, 8 City Walk, Leeds LS11 9AT. 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 the Licence.

(b) S.I. 2015/810, to which there are amendments not relevant to this Order.

(c) S.I. 2025/926.

2EXPLANATORY NOTE (This note is not part of the Order) This Order, made on the application of the Environment Agency, makes provision to meet a deficiency in the level of water in the Holme Styes 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 the River Ribble, West Yorkshire, into which this reservoir flows. In accordance with section 74(3) of the Water Resources Act 1991 (c. 57), this Order will cease to have effect at midnight on 3rd March 2026 (within six months of the day on which the

Order comes into force).

The impoundment licence numbered NE/027/0010/010 (“the impoundment licence”) requires Yorkshire Water Services Limited (“the Company”) to make a continuous release of compensation flow from the Holme Styes Reservoir into the River Ribble. For the period February to October inclusive, the compensation flow must not be less than 1.98 megalitres per day. For the period November to January inclusive, the compensation flow must not be less than 4 megalitres per day. This is subject to an exception. When the level in the reservoir during the period November to January is equal to or lower than 6.18 metres below top water level, the compensation flow must not be less than 1.98 megalitres per day. The first Environment Agency (Holme Styes Reservoir) Drought Order 2025 (S.I. 2025/926) modifies the conditions of the impoundment licence so that the volume of compensation water released is reduced to not less than 0.99 megalitres per day.

The effect of this Order is to modify the conditions in the impoundment licence so that the volume of compensation water that the Company is required to release is reduced further to not less than

0.65 megalitres of water per day.

Article 4 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).

Article 5 revokes the Environment Agency (Holme Styes Reservoir) Drought Order 2025 (S.I.

2025/926) and removes the modifications made by that Order to the impoundment licence. They are replaced with the modifications made by this Order.

The impoundment licence is available for public inspection at Environment Agency, Lateral, 8 City Walk, Leeds LS11 9AT. 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 the licence.

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.

3