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Water services

Water services delivery plans

Templates and guidance

Water services delivery system

Local Water Done Well

Local Water Done Well legislation

Information and guidance for councils

Templates and guidance

Find templates and guidance to help councils set up new water organisations, including agreements, governance documents and planning tools.

These templates were developed in conjunction with external counsel and comply with the relevant statutory requirements of the:

  • Local Government (Water Services) Act 2025
  • Property Law Act 2007
  • Companies Act 1993, and
  • Trusts Act 2019.

How to use these templates

These templates are generic and do not constitute legal advice to any council. 

Each council should consider whether the templates are sufficient in their particular circumstances, or whether specific advice (including legal) should be sought. 

For the avoidance of doubt, these templates cannot be considered a recommendation or inducement by the Department for the use of any particular water services delivery arrangement to any particular council.

The templates include comments that provide instructions for how to complete them.

Template toolkit

Print a pdf outline of this toolkit: Outline of templates and guidance for establishing new water organisations (Updated December 2025) (PDF, 305KB)

Single-council water organisation model

A1 Transfer Agreement

This template provides for the transfer of the council's water assets and liabilities from the sole council shareholder to the new water organisation and will specify:

  • matters being transferred
  • matters not being transferred
  • the transfer terms, including warranties
  • matters of shared interest
  • the provision of ad hoc services and
  • arrangements relating to whether the council or water organisation will undertake charging and revenue collection.

A1 Transfer Agreement word template (DOCX, 149KB)

Guidance (PDF, 202KB)

A2 Water organisation (single council) Constitution

This Constitution sets out how the water organisation will be run by its board of directors and how decisions will be made, including to prescribe processes relating to the management of share issues, meetings and resolutions, the appointment and removal of directors, directors' powers, and board proceedings.

A2 Water organisation (single council) Constitution word template (DOCX, 299KB)

Guidance (PDF, 199KB)

A3 Directors and officers deed of indemnity and insurance for water organisation

This Constitution sets out how the water organisation will be run by its board of directors and how decisions will be made, including to prescribe processes relating to the management of share issues, meetings and resolutions, the appointment and removal of directors, directors' powers, and board proceedings.

A2 Water organisation (single council) Constitution word template (DOCX, 299KB)

Guidance (PDF, 199KB)

A3 Directors and officers deed of indemnity and insurance for water organisation

This template provides for the water organisation to indemnify and insure its directors and officers from personal liability that may arise in their capacity as directors and officers of the water organisation.  The indemnity will not, for example, cover liability arising from a breach of the director's duties.

A3-B5 Deed of Indemnity Director and officers word template (DOCX, 177KB)

Guidance (PDF, 309KB)

Multi-council CCO Model

B1 Councils' Commitment Agreement

A Commitment Agreement sets out how councils work together to develop and establish the water organisation, including a list of the key activities and programmes, allocation of roles and sharing of resources, accountability measures and the governance structure during the period leading up to the establishment of the water organisation.

B1 Councils' Commitment Agreement word template (DOCX, 309KB)

B1 Councils' Commitment Agreement template guidance  (PDF, 193KB)

B2 Shareholders' Agreement (multi-council)

The Shareholders' Agreement sets out the rights and obligations of each shareholding council of the water organisation in relation to governance and decision making, and other rights and obligations that shareholders will owe to each other.

This template also provides for the formation of a shareholder council that will be responsible for jointly setting shareholder expectations, appointing the board and overseeing its performance, with terms of reference set out in a shareholder charter.

B2 Shareholders' Agreement (multi-council) word template (DOCX, 300KB)

B2 Shareholders' Agreement (multi-council) template guidance (PDF, 173KB)

B3 Transfer Agreement

This template provides for the transfer of the councils' water assets and liabilities from each council shareholder to the new water organisation and will specify:

  • matters being transferred
  • matters not being transferred
  • the transfer terms, including warranties
  • matters of shared interest
  • the provision of ad hoc services, and
  • arrangements relating to whether the council or WO will undertake charging and revenue collection.

B3 Transfer agreement word template (DOCX, 154KB)

B3 Transfer agreement word template guidance - Updated 29 May 2025 (PDF, 155KB)

B4 Water organisation (multi-council) Constitution

This Constitution sets out how the water organisation will be run by its board of directors and how decisions will be made, including to prescribe processes relating to the management of share issues, meetings and resolutions, the appointment and removal of directors, directors' powers, and board proceedings.

B4 Water organisation (multi-council) Constitution word template (DOCX, 305KB)

B4 Water organisation (multi-council) Constitution guidance (PDF, 200KB)

B5 Directors and officers deed of indemnity and insurance for water organisation

This template provides for the water organisation to indemnify and insure its directors and officers from personal liability that may arise in their capacity as directors and officers of the water organisation.  The indemnity will not, for example, cover liability arising from a breach of the director's duties.

B5 Directors and officers deed of indemnity and insurance for water organisation word template (DOCX, 212KB)

B5 Directors and officers deed of indemnity and insurance for water organisation guidance (PDF, 178KB)

Consumer trust model

Applicable both where water company wholly owned by a consumer trust, or co-owned between a consumer trust and councils.

C1 Consumer Trust Deed

The Consumer Trust Deed sets out the purpose, structure and governance of the consumer trust and establishes the rights of beneficiaries and obligations of the trustees.

C1 Consumer Trust Deed word template (DOCX, 344KB)

C1 Consumer Trust Deed guidance (PDF, 159KB)

C2 Trustee resolution

The Trustee Resolution will provide for the first formal decisions made by the trustees following the establishment of the trust including the acceptance of trustees' roles.

C2 Trustee resolution word template  (DOCX, 121KB)

C2 Trustee resolution guidance  (PDF, 138KB)

Relevant templates

These templates are relevant to the incorporation of the water company which will be owned by the consumer trust.  

Where the water organisation is wholly owned by the consumer trust, use the templates for the single-council council-controlled water organisation model (A1, A2, A3)

Where the water organisation is co-owned by a consumer trust and council(s), use the templates for the multi-council council-controlled water organisation model (B2, B3, B4, B5).

 

Water services

Water services delivery plans

Templates and guidance

Water services delivery system

Local Water Done Well

Local Water Done Well legislation

Information and guidance for councils

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