RESERVOIRS
FACT SHEET NUMBER 11
RESERVOIRS
1. INTRODUCTION
For over 70 years legislation has been in place to ensure that reservoirs are properly maintained
to avoid potentially disastrous floods if they collapse. The Reservoirs Act 1975 is the most recent
Act. In October 2004, the Environment Agency became the body responsible for enforcing legal
obligations for reservoirs.
2. WHAT IS A RESERVOIR?
For the purpose of the Act a reservoir is one that is capable of holding more than 25,000 cubic
metres of water above ground level.
3. WHO IS RESPONSIBLE?
An Undertaker as defined by the Act is responsible for reservoir safety. Section 1(4) of the Act
defines an Undertaker as including water companies, but also reservoir users such as sailing clubs
or angling clubs. If the reservoir is not controlled by a water company, then, if the reservoir is used
for “an undertaking” the person who carries on that undertaking is an Undertaker for the purposes
of the Act. The effect of this is that a user of a reservoir may be liable before the actual owner.
This means that an angling club that enjoys fishing rights by lease or licence may be an Undertaker
for the purposes of the Act. If for example the reservoir is not used any more for water supply
purposes an angling club may become the only Undertaker even if it does not own the reservoir.
Even if other parties are involved in the reservoir there can be more than one Undertaker, so you
may not be off the hook.
4. WHAT RESPONSIBILITIES DOES AN UNDERTAKER HAVE?
First an Undertaker must appoint a Supervising Engineer at all times. Every ten years the Undertaker
must arrange for an inspection by an independent Qualified Civil Engineer. That engineer
can order works to be carried out being “measures to be taken in the interests of safety”. As
Undertaker you will be responsible for carrying out these works. Undertakers have to keep a proper
record of water levels and ensure that there is proper monitoring of the reservoir.
5. HOW IS THIS ENFORCED?
The Environment Agency is now responsible for all qualifying reservoirs. Now that just one body is
responsible, regulation is likely to be more effective and rigorous.
The Agency have default powers so that if an Undertaker fails to satisfy its responsibilities, it can
take the necessary steps itself including carrying out any works recommended by an Inspecting
Engineer and send the bill to the Undertaker.
As well as this breach of obligations by an Undertaker in the Act it is a criminal offence punishable
by a fine of up to £5000 and up to two years imprisonment.
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6. WHAT SHOULD I DO?
If you have any doubt whether a water you are interested in is a reservoir within the Act, contact
the Agency to check.
If it is a reservoir you need to ensure, so far as possible that you are not an Undertaker, or, if you are
there is someone else who will take up primary responsibility, and who will indemnify you if you do
incur loss yourself. Thus for example if the reservoir is still owned by a water company you will need
a legal obligation to be included in the lease or other document to ensure they are responsible
and you are protected.
In all cases you need to be satisfied that any promise by the person who grants you the rights
is worth the paper it is written on. It might also be worth considering whether to form a limited
company to hold the fishing rights, so as to limit liability if things went wrong.
Finally it will be essential to insure against liability to third parties as a result of any failure of the
reservoir or to make sure that someone else has done so. However this insurance will not cover the
cost of maintaining the reservoir.
7. CAN I GET HELP?
There are some opportunities to get public funding to help comply with the Reservoir Act
responsibilities. These may be available if a significant number of people benefit from the fishing
rights and, possibly, access rights as well.
8. BEWARE!
All of the above indicates that you should be extremely careful before you take on fishing rights on
a reservoir.
· Take legal advice as to whether you will be an Undertaker for Reservoir Act purposes.
· If you are, take advice to make sure that your potential liabilities are limited as far as possible.
· Take out insurance to protect you against any possible liabilities to third parties.
· Take advice from an engineer if you are worried about the state of the reservoir or do not know
what state it is in.
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Please note that this fact sheet is intended to give
general guidance on the stated area of law
We cannot accept any responsibility for the consequences of relying on this fact sheet in
relation to particular circumstances of which we are not aware. Should you require more
information on any issues raised in this fact sheet or require advice on a specific issue
please contact Simon Jackson.
Simon Jackson Solicitors
Thorpe House, 29 Broad Street, Hereford HR4 9AR
The Office, Tyn Celyn, Llansilin, Oswestry SY10 7JW
01432 349670 | [email protected] | www.anglinglaw.co.uk | www.hcrlaw.com
Simon Jackson Solicitors is a trading name of Harrison Clark Rickerbys
Authorised and Regulated by the Solicitors Regulation Authority (SRA)
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