A COUNCIL has avoided prosecution despite being told it has been illegally taking water to top up a leaking lake. Falling levels at Warminster boating lake have resulted in water being taken from Swan River for the past 75 years.

The Environment Agency told West Wiltshire District Council in 2001 it had been taking water illegally and an extraction licence was needed. Since then the authorities have been investigating a solution.

Cllr Ernie Clark, the council's leisure portfolio holder, said: "The lake was constructed in the mid 1920s. When the level falls we have been dropping the sluice gates, which results in a dramatic drop in the water flow of the river.

"The Environment Agency is concerned about water voles, and requires adequate flow at all times, and during predicted dry spells there would not be enough water."

Consultants employed by the council found the lake was losing water due to a leak and put forward a plan of work to solve the problem.

The £13,000 scheme, already approved by the Environment Agency, received the backing of the district council's cabinet at its meeting last week. The cost will be split equally between the district council and Warminster Town Council with work expected to be completed by spring.

A spokesman for West Wiltshire District Council said: "The Environment Agency's view is that we require an abstraction licence for the water that has been drawn from the Swan River to top up Warminster Boating Lake.

"Given that this practice has been on-going for some 75 years, we are questioning this view and our legal team are investigating whether or not such a licence is needed.

"Our main priority is to carry out remedial works as a matter of urgency to try and stem the flow of water from the lake."

A spokesman for the Environment Agency said the authority had decided not to take a heavy-handed approach.

He said: "It is a popular spot with local people and well-used. Although technically the council has been breaking the law, the Environment Agency decided to work with the council to find a solution to sort out the leak.

"Once the leak has been sorted it may be the council no longer has to extract water from the river.

"Technically they should have had a licence but it has been going on so long and the boating lake is so well loved we decided rather than take a heavy handed approach and prosecute we would work with them."

Councillors are keen to see boats reintroduced on to the lake after a break of four years but fear increased insurance premiums could put off potential businesses.