A Direction given by: The Secretary of State under section 40 of the Environment Act 1995
Published 19 October 2026
Applies to England
© Crown copyright 2026
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This publication is available at https://www.gov.uk/government/publications/ministerial-direction-to-protect-public-water-supplies-in-areas-affected-by-severe-drought/a-direction-given-by-the-secretary-of-state-under-section-40-of-the-environment-act-1995
1. Purpose
1.1. This is a Direction to the Environment Agency (“the Agency”) made under the powers in the Environment Act 1995 (“the Act”), specifically section 40 which confers the appropriate Minister with powers to give the Environment Agency Directions of a general or specific character with respect to the carrying out of any of its functions.
1.2. Severe drought has been declared in water resource zones around Wimbleball, Ardingly, Roadford and Colliford reservoirs.
1.3. The purpose of the Direction is to prioritise the protection of public water supply in the specified areas to mitigate the risk of disruption to essential public water supplies.
1.4. The Minister has consulted the Agency in accordance with section 40(6) of the Act before making this Direction.
2. Direction to give priority to protecting public water supply
2.1. The Agency is instructed to give priority to protecting public water supply when exercising its relevant functions in the specified areas.
2.2. The Direction does not affect the Agency’s statutory duties, including in relation to environmental protection, nor does it authorise unlawful activity or outcomes.
2.3. The Agency is directed to use where necessary Local Enforcement Positions in relation to temporary reductions in environmental releases and changes to abstraction constraints to preserve reservoir storage and reduce the likelihood of rota cuts or supply interruption.
2.4. The Agency is directed to exercise its discretion to make decisions which are —
2.4.1. proportionate and necessary:
2.4.2. supported by appropriate evidence, enhanced monitoring, appropriate mitigation and restoration;
2.4.3. reviewed frequently and revoked when severe drought status is lifted from the specified areas.
2.5. The Agency is directed to —
2.5.1. work closely with Defra, the affected water companies and Local Resilience Forums;
2.5.2. as requested by Defra in writing on —
2.5.2.1. the measures authorised or supported under the Direction;
2.5.2.2. the water retained or made available to the public water supply;
2.5.2.3. the environmental impacts and mitigations introduced or proposed.
3. Commencement, review and expiry
3.1. This Direction is made on Thursday 15 October and will come into force on the same day.
3.2. It will be reviewed on a monthly basis.
3.3. It will expire when the status of ‘severe drought’ is lifted from all the specified areas.