Thursday 16th January, 2025
Without doubt, rivers are suddenly top of the campaigning, media and political agenda. In his Boxing Day speech, Environment Secretary Steve Reed (with reference to the recently closed consultation for inland bathing water designation) made a bold claim: “we will clean up our rivers for good.”
In 2024, we certainly saw some measures for the water industry, but meeting this claim will need the same commitment from both Governments in 2025 to resolve agricultural pollution, chemicals, metals, road runoff and pharmaceuticals. No claim can be made that our rivers are fit to swim in until all threats to human health are removed. Clean up our rivers for good? It’s going to take some major commitment, a massive investment and time.
2024 was filled with announcement, after announcement.
We started the year with announcements of a 68% increase in sewer discharges from Welsh Water, followed by Ofwat reporting in March 2024 on an investigation into misreporting on leakage which led to a £40m fine. In April 2024, the Senedd reported that Welsh Water needed to ‘up its game’ and challenged the company over its performance.
If the Westminster Government really are to “clean up rivers for good” they need to resolve much more than water company pollution. Road runoff is just one of the other sources of pollution affecting UK rivers. A Welsh Government review of impact of road runoff is also underway in Wales and an action plan will be produced this year.
In June 2024, the BBC reported on English water companies’ “illegal” spilling (they omitted Wales again despite an even worse record). But for England the question still remains – when is a sewer overflow legally allowed to operate?
In Wales, the Better Water Quality Taskforce agreed the definition of “exceptional rainfall” and in doing so Natural Resources Wales can now regulate against this condition. This sets out when water companies in Wales can and cannot discharge overflows and aims to deliver (with new investment) no spills during dry weather.
In July 2024, Ofwat announced that it was opening investigations on both water companies in Wales, this time on the operation of wastewater treatment works and networks in Wales. We are still waiting to hear the outcomes of this investigation, but the question needs to be asked whether having all the water companies in England and Wales under investigation at the same time is a reflection on poor water company performance, or poor regulation?
All the water companies in England and Wales are under investigation by Ofwat. Is that a sign of poor performance by the water companies, or by the regulator?
In September 2024, the Water (Special Measures) Bill set out requirements for water companies to publish pollution reduction plans, which will give customers in Wales and England transparency on what companies need to deliver after pollution events, alongside new customer panels to hold companies to account. We think this will provide welcome information for the public, but Governments should also consider a level playing field for other polluting sectors.
It also promised to deliver no bonus payments to water company executives. Welsh Water already has a performance-related pay system (albeit that it reflects other performance areas such as finance, affordability and customer service as part of that calculation) and it is the Glas members that should be holding them to account. So, for Wales, what changes will the Bill actually deliver?
In October 2024, the Cunliffe Review was announced to recommend measures to ensure the regulatory system delivers: a clear vision; strategic planning; better regulation; empowered regulators’ improved delivery; a stable framework; consumer protection; and resilient infrastructure. With a unique water company operating model and regulatory system, Sir Jonathan Cunliffe should focus on the differences in Wales, and where these models are not delivering the performance needs.
In November 2024, a proposal to reform the Bathing Waters Regulation 2013 was published, to deliver (amongst other things) inland bathing water sites. And whilst I don’t disagree with the principle, there is more that needs considering to protect human health than discharges from water companies. Nowhere did the reform consider other significant pollution impacts from other sectors, or require them to also meet bathing water standards.
On December 19th, Ofwat announced the biggest water bill price hike since privatisation and the largest investment ever on sewer overflows in Wales, but will this match public perception? By 2030, no overflows should cause ecological harm in Wales. However, they will remain ‘legally’ spilling at a higher rate than anywhere in England. I am not sure that is what the Welsh bill payer expects or wants.
We must hope that our regulators may have finally woken up to the fact that their role is to regulate. We await a very long ongoing investigation by Ofwat into Welsh Water operations, which follows penalties in 2024 for misreporting of leakage.
In December 2024, Natural Resources Wales was in court with Welsh Water over its failure of operator self-monitoring (something which we and Professor Peter Hammond had bought to their attention in 2023). Natural Resources Wales has repeatedly voiced that enforcement is a sign of regulatory failure, and there is much evidence that their failure to adequately set and enforce permits has led to extended periods of sewage being discharged in breach of permit into our rivers.
But Welsh Water’s environmental performance fails not only for sewer overflows but across a spectrum of metrics on water and waste. Water bills in 2025 will be lowered by penalties totalling £24.1m. From April 2025, Ofwat’s Final Determination gives water companies in Wales the funds that they asked for to make this substantial change. And it’s the step change in performance that is the only measure of success that Wales should accept.
Following pressure from us and Fish Legal, Welsh Government’s review into the effects of land spreading on rivers needs to see some progress in 2025.
There is much evidence that Natural Resources Wales’s failure to adequately set and enforce permits has led to extended periods of sewage being discharged in breach of permit into our rivers.
What we need in 2025 is to start focusing on what’s next for the water industry to clean up our rivers. Despite the highest water bills in the UK, Wales will still not have the best environmental performance in the country by 2030. Whilst there will be significant investment on sewer overflows, other areas remain of real concern.
Wales leakage has continued to rise whilst our population continues to demand more and more water. The replacement of infrastructure is so slow that the mains will be re-leaking before they are all replaced. So, the question that needs some real focus is how Government delivers asset investment at the pace and scale needed, because we cannot simply keep increasing the water bill. The Cunliffe Review is considering just this question, and whether the unique operation of both water industry and regulators in Wales can deliver what UK Government has now committed to, namely clean, healthy rivers.
In 2025, Wales will also have the outcome of the Dr Bolton review of agricultural regulations. Following challenge by us and Fish Legal, we also hope to have progress on a review of land spreading and impact of anaerobic digestion in Wales, which may bring wider benefits to control of nutrients to land. We are also expecting reporting from the Interim Environmental Assessor for Wales on water quality which, based on recent conclusions from the Office of Environmental Protection for England, could make grim reading.
A Welsh Government review of impact of road runoff is also underway in Wales and an action plan will be reported this year. We have the 2025 Water Framework Directive and Special Area of Conservation compliance assessments due in January. There is also a welcomed evidence and monitoring review due to report as well. But we should prepare for the fact that more monitoring and better monitoring may identify even more problems to resolve.
Welsh customers were promised three things in the establishment of the unique operating model by Glas Cymru in Wales: 1) financial stability, 2) affordability and 3) environmental performance. Undoubtedly, two out of the three are currently not being delivered. And whilst we now have the biggest investment in waste water sewer overflows and treatment, this doesn’t mean the overall investment programme can deliver against all the metrics. It certainly cannot deliver zero discharges to the water environment (which would take a 15-fold increase in investment, when we already have the highest bill).
The question that we really need to respond to in 2025 is, how do we achieve the pace and delivery that we need but at a rate that Wales can afford? Whether it’s through our water bill or taxes, we have to be realistic, we’re paying for it. And, whilst polluters must pay, we cannot simply rely on a system of post-pollution nature recovery to fund the improvements.
Cleaning up our rivers for good was a hugely bold statement and one that necessitates improvement not just in the water industry sector. Now, we need to see some bold action to deliver it.
Gail Davies-Walsh
CEO, Afonydd Cymru