PLANNING AND ENVIRONMENT
Approve the process for the follow-up of Water Resource Law Registrations
Public Item
Purpose of the Report
The purpose of this report is to request that the Minister for Planning and Environment approves the process for the follow-up of water resource registrations, to ensure that the maximum possible number of wells and boreholes used for domestic supplies are registered, as required under the Water Resources (Jersey) Law 2007.
Background
Article 11 of the Water Resources (Jersey) Law 2007 (the Law) states that a person shall not cause or knowingly permit the abstracting of water from a source of supply or the impounding of water in a source of supply, unless he or she is acting in accordance with a water resources licence. The sub-paragraphs of Article 12(1) detail exemptions for which this restriction does not apply. Article 12 of the Law provides for exemptions from the requirement to licence specific types of abstraction provided that such abstractions are registered.
The Appointed Day for the Law was 1 January 2009 and in consequence licences and registrations to abstract water will subsequently come into force on 1 January 2010, as required under Article 54(3) of the Law.
The Minister for Planning and Environment, in pursuance of Article 12(7) of the Water Resources (Jersey) Law 2007 made the Water Resources (Registration) (Jersey) Order 2009 that came into force on 1 January 2009. The order permitted the registration of water abstractions to also come into force on 1 January 2009, so that applications to register the abstraction of water can be made in a similar manner to applications for licences to abstract water.
Discussion
According to historic Jersey Census figures, it is believed that between 3000 and 3500 water sources exist in the Island from which water is currently abstracted which should be registered. Other information indicates that the total number could be up to 5,000 water sources. Applications for all such abstractions will need to be submitted, assessed and registrations granted during 2009 in order that the registrations can come into force on 1 January 2010, in the same manner as licences to abstract water.
The deadline (30 April 2009) for registering water supplies that were in use on 31 December 2008 has now expired. Approximately 2,700 applications to register a water supply have been received to date. It is believed that there remain a number of households that have yet to register their water abstraction.
Considerable coverage in the media (the Jersey Evening Post, television, radio and other publications) regarding the need to register domestic water supplies taken from boreholes and wells. has been achieved through press releases, issued between January and April 2009. This message has been reinforced by adverts in most Parish magazines and the Jersey Evening Post.
Information regarding the need to register water abstractions from boreholes and wells will have reached most people. However, there remain a number of people who, as yet, may be unaware of the requirement.
It is, therefore, necessary to ensure that every effort is made to inform householders and identify properties that are likely to be dependant on water supplies taken from boreholes or wells of the requirement to register their abstractions.
A further press release will be issued to inform and advise those householders who have yet to apply to register of a further two week period, during which they may register their water source. The press release will also outline the follow-up procedure detailed below.
Properties who are likely to have a borehole or well supply and who have not registered will be identified using the properties unique property reference number (UPRN). According to the Data Protection Commissioner, the use of UPRNs, rather than actual property addresses will ‘anonamise’ the identification of properties and thereby comply with data protection legislation.
The process to identify properties that have not yet registered their boreholes or wells is described below:
1. Compile an island-wide list of property UPRNs not served by mains supplies by subtracting UPRNs from the list supplied by Jersey Water from the States of Jersey property index list of UPRNs. This MD enables Jersey Water to forward the list of UPRNs of properties supplied by mains water supply.
2 Identify those properties that have ‘no recorded’ water supply by subtracting the UPRNs of all properties that have already applied to register, or are listed as having their water source from a supply that has applied to register.
4. Compile a list of postcode areas of households most likely to use boreholes or wells as their main water source by grouping together postcode areas using registration applications received to date.
5. Critically review the UPRN list of properties that have no ‘recorded’ water supply, taking into account the list of post codes compiled in 4 (above) to remove anomalies and those properties known to be entirely dependant on rainwater, tankered water supplies or some other source that is excluded from registration.
6. Send a simple single page letter detailing the benefits of the legislation and the requirement to register domestic abstractions (similar to that previously provided in press releases etc.), a tick box questionnaire and a return stamped envelope will be posted to all householders of the properties identified above. There will (as previously) be no charge to register an abstraction of water from a source of supply.
7. Where water supplies are obtained from a borehole or well and this has not already been registered, the householder or owner will be asked to submit a registration application.
Conclusion
A further press release will be issued to inform and advise those householders who have yet to apply to register of a further two week period to do so.
After this, properties likely to use a borehole or well water supply that remain unregistered will be identified. A short questionnaire to provide information on their source of water supply will be sent to the main householder of each of these properties. This process will ensure that people who obtain their water from such sources can be properly informed and thereby be able to comply with the requirements of the Law.
The registration of the maximum possible number of water sources will enable the efficient administration and information collection, and consequential management and protection of the Island’s water resources as part of the Water Resources (Jersey) Law 2007.
Recommendation
That the Minister approves the above process designed to maximise the number of registered water sources to enable the efficient administration and information collection, and consequential management and protection of the Island’s water resources as part of the Water Resources (Jersey) Law 2007.
Written by: | Sates of Jersey Hydrogeologist |
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Approved by: | Chief Officer, Planning and Environment Department |
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