Clause 4 - Restrictions on Impounding
Water Bill [Lords]
11:00 am
Mr Elliot Morley (Minister of State (Environment and Agri-Environment), Department for Environment, Food and Rural Affairs; Scunthorpe, Labour)
I understand the hon. Lady's point, which is reasonable. The amendments deal with discrete waters—lakes, ponds and reservoirs or groups of such waters, which do not discharge into other inland waters. The licensing system, whether for abstraction or impounding, does not apply to discrete waters. Our proposals for the Bill, on which we consulted in 2000, did not suggest a change to that position. The changes proposed in amendments Nos. 176 and 177 would control the impounding of discrete waters but not abstraction from them, so they would not preserve the ecology of those waters.
In discrete waters, where impacts downstream cannot occur, impounding controls would be of little benefit in managing water resources. We recognise that we must consider discrete waters in fulfilling the requirements of the water framework directive, which does not necessarily exempt them from abstraction or pollution controls. Some discrete waters should perhaps be water bodies for that purpose.
As we have said in the other place, DEFRA and the Environment Agency are exploring how best to amend the definition of discrete waters to meet the objectives of the directive. I understand that the consultation has ended and the agency is considering the outcomes.