Doubts raised over legality of hosepipe ban in York

The company announced last week that it was introducing a ban across the region after reservoir levels fell below 50 per cent following the extremely dry weather, with repeat offenders facing a £1,000 fine.

It said York would be included in the ban, even though the city gets most of its water from the River Ouse, which never runs dry.

A spokesperson said before the ban was announced: "York does get water the majority of its water from the Ouse in normal circumstances, but it is also part of our wider water network, so would see restrictions if they are brought into place."  

But a former councillor has since contacted The Press to suggest that when in 1999 Yorkshire Water took over the former York Waterworks - which until then was responsible for water supplies in the city - it agreed there would never be a hosepipe ban in the city.

The ex-councillor said he had a clear recollection of discussions between the council and all parties.

"I seem to recall that a cast iron guarantee was given by Yorkshire Water that because York’s water was derived from the Ouse, and also because of the ancient rights and because there never would be supply problems, that water customers in York would never be obliged to have a hosepipe ban," said the former councjillor, who did not wish to be named.

"It may also be, of course, that legislation in the intervening period has overridden any ancient rights – but the legislation would have to be very specific."

Yorkshire Water's takeover of York Waterworks was given the go-ahead in March 1999 after the Government decided NOT to refer the £33.8 million bid to the Monopolies and Mergers Commission, despite an 11th hour call for a referral by York MP Hugh Bayley.

A look through The Press archives has found that, in January 1999, we reported that City of York Council was seeking an assurance that York householders would never be at risk of a hosepipe ban, or any other water restrictions, if the deal went ahead.

The article said that unlike Yorkshire Water, York Waterworks had always avoided having to introduce any supply restrictions even in the most severe of droughts, because of the abundant supplies provided by the River Ouse.

But another former councillor, Steve Galloway, told The Press yesterday that he had ‘no recollection of Yorkshire Water agreeing to a “no hosepipe ban ever” clause in any York Waterworks Company sale agreement.’

He say YW 'most definitely did say that consumers in York would be “no worse off” under their ownership if the sale was completed.' He added: "Generally, this was taken to refer to the level of bills or 'water rates.' "

The Press has asked Yorkshire Water whether it ever received a request from City of York Council to exclude York from any future hosepipe bans and, if so, whether it agreed to the request, and a spokeswoman said this morning she was looking into it.

The company was unable to respond today, as it made internal inquiries in response to our inquiries, but is expected to comment later this week.

*Can any other former councillors, council officials or former York Waterworks employees help throw any further light on this issue? Email mike.laycock@thepress.co.uk.