The drought order for London is the first since the scorcher of 1976. If granted, it would take effect in early August, and follows a drought order granted to Sutton and East Surrey Water on May 15. The possibility of an application for a drought order affecting the Thames Valley area, even though rainfall has been higher there, cannot be ruled out; nor, it seems, can the possibility of a further application by Thames Water for an emergency drought order.

A water company normally has a duty under the Water Industry Act 1991 to provide a constant supply sufficient for domestic purposes such as drinking, washing, cooking, central heating and sanitation. However, if there is shortage because of exceptionally low rainfall, the Secretary of State for Environment, Food and Rural Affairs can make a drought order under the Water Resources Act 1991. He or she can also make an emergency drought order if the deficiency is likely to impair the economic or social wellbeing of the population.

Under an order, customers may be forbidden to use sprinklers or hosepipes to clean windows or to water gardens (apart from market gardens), lawns, verges, allotments, parks or sports or recreation grounds, whether publicly or privately owned. Operating mechanical car washes is forbidden, as is washing cars, boats, trains or aircraft for any reason apart from for safety or hygiene, and operating automatically flushing toilets when buildings are unoccupied.

You can water plants with a watering can, fill a privately owned swimming pool as long as it is used for medical treatment, have a shower or bath, and clean car windscreens or lights for reasons of safety. You may not fill ornamental ponds, fountains and cascades but you can fill a fishpond if wildlife is in danger, use water for food preparation and run a dishwasher.

A drought order is valid for six months and can be extended for a further six months, but cannot last more than a year. If you contravene the order you may be liable to a fine of up to £5,000 in a magistrates’ court or an unlimited fine in the Crown Court.

An emergency drought order allows the use of water to be restricted in any way deemed necessary. This could mean that domestic water supplies are shut off and standpipes set up in streets; supplies to homes and businesses could be cut off at certain times of the day. An emergency order is valid for three months but can be extended for a further two months and cannot last more than five months.

A water company will not reduce its rates but must make payments (or give credits) to customers if their water supply is interrupted or cut off by a drought order. Payments for each day (or part day) during which a supply is interrupted or cut off would be £10 for households and £50 for businesses, although no customer would receive more than he or she was billed for water charges in the previous year. However, compensation is not payable if a company has taken reasonable steps to avoid interruptions of supply.

You may feel aggrieved to be told to use less water, particularly in the face of increasing water bills and prolific leakages. If you refuse to pay your bill, however, you may find your supply cut off and yourself in court for non-payment. You have no legal remedy if your supply is reduced or cut off. The implied contract between you and the company is for the reasonable supply of water which must take into account the water available.

In addition, the Water Industry Act 1991 stipulates that the water company is not liable for breach of its duty to supply water if it is reasonable to reduce or cut off water supply.

The powers given to a water company under a drought order are far wider than those available through a hosepipe ban. Not only will customers feel uneasy at the prospect of a drought order; businesses that rely heavily on water for their trade, such as food manufacturers and processors, and hospitals will be affected by such restrictions and prohibitions. However, drought orders are targeted at non-essential use of water and customers and businesses are urged to use water wisely rather than being told not to use it at all.

If low rainfall in densely populated areas persists, there may be argument for a national grid for water, as there is for electricity, to meet demand on a national level. However, the cost of transporting water from one end of Britain to the other would currently be uneconomic, cumbersome and impractical. There is no shortage of water in the North. If drought orders become a regular reality in the South East, businesses there may consider relocating.

Water meters are another attempt at a long-term solution. Only 25 per cent of UK households have them. Rather than paying an annual flat rate, householders with meters pay for the amount of water used. Nevertheless, the voice of the consumer is clearly heard: water companies should stem the tide of leaks.

The author is a solicitor at Kennedys

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