Reservoir Safety Reform Programme Information Page

Overview

We are developing and delivering the Reservoir Safety Reform Programme, in response to the recommendations set out in the Independent Reservoir Safety Review Report, led by Professor David Balmforth.

In a Written Ministerial Statement in July 2022 the Government set out its intention to reform reservoir safety management practices and modernise the Reservoirs Act 1975.

The Reservoir Safety Reform Programme will be delivered in a phased way over several years, by the Department for Environment, Food and Rural Affairs (Defra) and the Environment Agency (EA). We will use this information page to keep you updated on our plans and progress.

Introduction

Reservoir safety is about ensuring the physical structure of a reservoir, its dams and embankments are safe. In England, around 2.2 million people are potentially at risk from reservoir dams failing and causing flooding which could endanger life.

We have an excellent reservoir safety record. However, the Toddbrook incident in 2019, increasing demands on water supply, and the impacts of climate change, are all reasons to re-evaluate how we regulate reservoir safety.

Programme vision & aims

Our vision is to create a safety regime for reservoir dams in England which protects our communities, by making us ready for and resilient to climate change – today, tomorrow and the future. We will do this by:

• Strengthening the roles and responsibilities for reservoir owners, operators, engineers, and the regulator (EA).

• Improving the safety practice and culture, through a programme of continuous development of skills, capacity and training across the reservoir community.

• Modernising legislation and safety management practice to ensure a robust and proportionate safety regime that is fit for the future.

• Engaging with stakeholders to help shape our approach and deliver reforms.

The need for reform

The key drivers for improving the reservoir safety system are:

• The Toddbrook incident and Professor Balmforth’s independent reservoir safety review.

• Climate change - which is increasing the pressures on reservoir infrastructure and demand for reservoirs and water resources.

• The need to update the 1975 Reservoirs Act to bring it in line with modern safety management practice in other sectors.

• The declining numbers of reservoir engineers and the increasing demand for specialist engineers in future.

Changes already implemented

1.  We have worked with reservoir owners on emergency flood plans for all large, raised reservoirs.  It is now a legal requirement for reservoir owners to produce and maintain on-site emergency flood plans. As of December 2022 all large, raised reservoirs are compliant. The requirement is notified to new owners when their reservoirs are registered.

2. We have been revising, updating and publishing reservoir flood maps for almost 2,000 large, raised reservoirs. Through this work we have ensured accurate information is available for emergency planning.

3. We have created a dedicated page on gov.uk for reservoir safety guidance documents. We hope this will make finding the guidance you need easier.  We have already developed and published new guidance to support engineers and owners. This will ensure all inspections by supervising and inspecting engineers are systematic, detailed, and impartial. We also published new research into spillway design, examination and failure mechanisms. 

4. We commissioned the Institution of Civil Engineers to review how we safeguard the future supply of reservoir engineers. The report was published in February 2023. The recommendations made in the report will be taken forward alongside the reform programme.

5. We are driving forward progress against the other recommendations from Professor Balmforth’s review and plan to consult further in the coming year.

Devolved administrations

Reservoir safety policy is devolved. The reform programme is focussed on England. The devolved administrations will decide whether and how to implement changes in their countries. We are working closely with the devolved administrations to share knowledge and help ensure a coherent approach to reservoir regulation across the UK.

Key reforms

Overall roles and responsibilities

Responsibilities for reservoir safety regulation are divided between the following three communities, which together ensure almost 2.2 million people in England, who live near reservoirs, are not put at any unnecessary risk of flooding, which could endanger life:

1. Reservoir owners and operators, who are responsible for the safety of their reservoirs. They must appoint engineers from the reservoir panels of engineers to inspect their reservoirs and they must act on the engineer’s recommendations.

2. Reservoir panel engineers, who are appointed to supervise and inspect reservoir construction and operation.

3. The Environment Agency manages and enforces reservoir safety regulation in England.

The reform programme aims to strengthen and modernise safety procedures. It will not change this overall three way approach, but will mean some changes for all of these communities.

Programme of reforms

Our programme of reforms to strengthen and modernise the regime will be implemented through a combination of guidance, secondary legislation and new primary legislation, when parliamentary time allows. 

Reservoir engineer reforms

We are working closely with the Institution of Civil Engineers (ICE), and their new Panel Engineers Committee, on actions to increase the capacity and capability of supervising and inspecting engineers across England. These actions stem from recommendations in Professor Balmforth’ s independent reservoir safety review and the Future Supply of Engineers Report.

Reservoir owner reforms

We have published guidance on Reservoirs: owner and operator requirements, to explain what you have to do if you own or operate a reservoir, or intend to build one. In addition, we have also produced a ‘Quick guide to the Reservoirs Act for Owners and Operators’ as an introduction of "how" to operate a reservoir. This guide highlights key activities you should be doing at your reservoirs, information about different types of reservoirs and what to look out for on your dam. This is a new document, and we would welcome any feedback from you. Please contact us at reservoirs@environment-agency.gov.uk.

Environment Agency reforms to duties & powers

Post implementation reviews of regulations

We have reviewed two sets of existing reservoir safety regulations under the Reservoirs Act. There is a requirement to review them every 5 years to check how these are operating and whether they remain fit for purpose.  The Post Implementation Reviews can be found here: 

• Post Implementation Review - The Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (England) Regulations 2013 - Impact Assessment (legislation.gov.uk)

• Post Implementation Review - The Reservoirs Act 1975 (Exemptions, Appeals and Inspections) (England) Regulations 2013 - Impact Assessment (legislation.gov.uk)

The reviews recommend retaining the regulations and have identified some areas where the regulations can be improved. These are being included within the reservoir reform programme and proposals for changes to the regulations will be consulted on. 

Engagement and programme timeline

Engagement

We are trialling a new process to gather feedback from engineers and undertakers on how annual statements (Section 12s) are created and submitted. If you are interested in being involved, or have any questions on this project please contact reservoirs@environment-agency.gov.uk quoting “RACE2 Digital Project”. 

 If you believe you have a small raised reservoir, please complete this survey to help us identify small, raised reservoirs across England. 

We will be engaging regularly with the industry and professional bodies such as Institution of Civil Engineers (ICE), National Farmers Union (NFU), Association of Drainage Authorities (ADA) etc. We encourage you to share your views with your representative body so that they can represent your interests in shaping the reforms. 

Timeline for changes

The programme will be delivered over several years through new secondary legislation, guidance, and primary legislation (when parliamentary time allows). Timings are provisional and may change as the programme progresses. The details of what will be included in each legislative stage may change.

 

Disclaimer: Images used in this page, including the banner are sourced via Getty Images.