Part 3Nationally significant infrastructure projects
Water
27Dams and reservoirs
(1)
The construction of a dam or reservoir is within section 14(1)(m) only if—
(a)
the dam or reservoir (when constructed) will be in England,
(b)
the construction will be carried out by F1, or by a person appointed by, one or more water undertakers, and
F2(c)
it is expected that—
(i)
the volume of water to be held back by the dam or stored in the reservoir will exceed 30 million cubic metres, or
(ii)
the deployable output of the dam or reservoir will exceed 80 million litres per day.
(2)
The alteration of a dam or reservoir is within section 14(1)(m) only if—
(a)
the dam or reservoir is in England,
(b)
the alteration will be carried out by F3, or by a person appointed by, one or more water undertakers, and
F4(c)
it is expected that—
(i)
the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration will exceed 30 million cubic metres, or
(ii)
the additional deployable output of the dam or reservoir as a result of the alteration will exceed 80 million litres per day.
(3)
“Water undertaker” means a company appointed as a water undertaker under the Water Industry Act 1991 (c. 56).
F5(4)
In this section, references to “a person appointed by” a water undertaker include a person whose bid is accepted by a water undertaker under regulation 6(6) of the Water Industry (Specified Infrastructure Projects) (English Undertakers) Regulations 2013 (S.I. 2013/1582) and is designated as an Infrastructure Provider under regulation 8 of those Regulations.