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Water

Providing comprehensive solutions to the water sector across all legal areas, based on a deep knowledge of the sector.

View Of Derwent Dam And Reservoir Peak District National Park,

The water industry currently faces an array of challenges.

These challenges include delivering and improving water infrastructure for water supply and dealing with wastewater against evolving regulatory frameworks, environmental obligations, climate change, population growth, the need to adopt new technologies, maintain existing infrastructure and deliver new solutions all against a challenging financial situation.

Burges Salmon is widely recognised as having a preeminent water practice. Our cross-firm Water Sector team acts on a variety of high-profile instructions for clients across the sector, including statutory undertakers, licensees and companies within the supply chain. Our team has a detailed understanding of the key legislation affecting the sector and how relevant regulators operate in practice.

We regularly advise on a range of commercial matters such as framework agreements, procurement processes, employment and pensions, corporate governance, IT projects, and dispute resolution. We also provide guidance on regulatory submissions, licence applications, and defending investigations or prosecutions for regulatory breaches, including health and safety matters.

We are increasingly advising on large infrastructure projects (Strategic Resilience Options). This requires advice on consenting, through the Development Consent Order route, funding through the SIPR or DPC routes, and knowledge of the RAPID process for obtaining regulatory consents.

Our market-leading environment team also advises on water law, including defending water pollution prosecutions and managing abstraction licences and flooding claims. Our regulatory team also advises on interactions with Ofwat, including in relation to enforcement processes.

Our water services ensure comprehensive support and guidance tailored to your specific needs.

Services

Infrastructure projects

Advising on the promotion of Strategic Resilience options including the DCO, DPC and RAPID processes.

Regulatory advice and investigations

Advising statutory water and sewerage undertakers on regulatory requirements, including investigations related to OFWAT, DWI, the HSE and EA.

Competition law

Advising on competition issues within the competitive segments of the water and sewerage markets.

Comprehensive commercial support

Advising water and sewerage undertakers on environmental, planning, employment, real estate, and renewable energy projects.

Construction projects

Providing legal support to contractors on construction projects specific to the water sector.

Impoundment and abstraction licences

Advising on appeals, compliance, trading arrangements, and judicial reviews for impoundment and abstraction licences.

Examples of our work

Major UK Water Utility

Advised on transitioning away from its current IT managed service providers, ensuring continuity and regulatory compliance.

Grand Union Canal

Advising Severn Trent Water, Affinity Water and Canal and River Trust on the promotion of the DCO for this project to transfer water from the Midlands to the South East.

Severn Trent Water

Advising on the environmental aspects of the collective proceedings in the Competition Appeal Tribunal alleging that a number of statutory undertakers misreported the number of pollution incidents to their regulators.

UK water utility

Advising on a construction dispute arising under its framework contract.

UK water utility

Advising on the procurement issues arising in relation to a smart metering contract.

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What people say

“Really strong team on water law. For environmental issues in the water sector, they are the go-to firm.”

Legal 500 2024

“It is the team's capacity to listen to and understand the client's needs, worries and concerns that impresses me. That, layered with their fundamental understanding of water-related legislation, policy and practice, makes them unique in their service offering.”

Legal 500 2024

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