Water Abstraction & Use

Water Abstraction and Use
What is Water Abstraction?

Water abstraction is the removal or diversion of water from any sources, either permanently or temporarily, including groundwater (e.g. wells and boreholes) or surface water (e.g. rivers, streams, lochs, lakes, wetlands and coastal waters). Abstractions may be a one-off, intermittent, seasonal or continuous. In the UK, the main water abstractors are Statutory Water Supply Undertakers, households, irrigated agriculture, industry and energy generators.

Does this apply to me?

This Management Guideline applies to you if you abstract water from groundwater or surface water.

What do I need to do?

The ways in which abstraction is controlled in England & Wales, Northern Ireland and Scotland are different.

England and Wales

1. If you abstract more than 20 cubic metres (m3) of water per day from ground or surface waters, you must have an Abstraction Licence from the Environment Agency. If you abstract more than 20 m3 per day without a licence you are committing an offence and the Environment Agency may take enforcement action.

2. If you intend to impound water on a watercourse, you will need an impounding licence from the Environment Agency.

3. Some projects may require an Environmental Impact Assessment (EIA), as well as a licence (abstraction or impounding) or consent, before they can proceed. A project is relevant if:

  • it is a water management project for agriculture, including irrigation;

  • in the case of a project involving water abstraction, the amounts abstracted exceed 20 m3 in 24 hours; and
  • it would be likely to have significant effects on the environment due to its nature, size or location. Click on the link below for more information or contact your local Environment Agency office to determine if this applies to your project.


    • Environmental Impact Assessment in Relation to Water Resources Authorisations

    4. If you take over an existing licensed abstraction, you must notify the Environment Agency in writing within 15 months of the change in occupation of the relevant land.

    5. Monitor the amount of water you use. This will help you to ensure that you comply with the conditions of your abstraction licence, which will specify the amount of water you can take from a location over a period of time. It will also help you to detect abnormal volumes of water being used that might indicate a leak or fault.

    The Water Act 2003

    The Water Act received Royal Assent on 20 November 2003. This Act will modernise current water legislation in England and Wales. When fully implemented, it will also make several key changes to the existing licensing regime. For more information as to how the changes will affect you visit the Environment Agency website using the link below.

    The Water Act 2003

    Northern Ireland

    Powers exist in Northern Ireland to make regulations for the control of water abstraction under the Water (Northern Ireland) Order 1999. However, there is currently no water abstraction licensing system operating in Northern Ireland.

    The Department of the Environment Northern Ireland (DOENI) is currently developing proposals for new legislation which will introduce a system of licensing for water abstraction. Consultation on these proposals will take place during 2006. Further details will be available in the NetRegs Future legislation section when available.

    Until this new legislation is introduced the following rules apply:

  • You may need to obtain approval to abstract water in certain situations, such as where the proposed abstraction may affect a protected habitat area. Anyone who proposes to abstract water from a waterway or underground stratum should contact the Environment and Heritage Service (EHS) Water Management Unit for further information.


  • If you intend to impound water on a watercourse, or otherwise interfere with the flow of a watercourse (e.g. by culverting), you do not technically require a consent or licence from EHS. However, such a proposal may be subject to planning permission and may trigger an Environmental Impact Assessment. Contact the Department of Environment (DOE) Planning Service for more information.


  • Anyone who intends to interfere with the flow of water on a watercourse (e.g. by culverting it) should consult with the Rivers Agency. Click on the link below for further information.


    • The Rivers Agency

    Scotland

    In general, if you are the owner of land through which a river or stream runs, or if there is a loch on your land, you are entitled to take water (abstract) from it provided you do not do anything to prejudice another’s legal interest in that river, stream or loch.

    Controlled Activities Regulations

    In Scotland, new regulations, The Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR), introduce a regulatory control system of authorisations for water abstraction and impoundment. CAR comes into full force on 1 April 2006.

    Without authorisation from SEPA, it is an offence for anyone to abstract or impound water.

    CAR provide for three levels of authorisations:

    1. General Binding Rules (GBRs);
    2. Registrations; and
    3. Licences.

    SEPA can move the control over activities between registration and licences, and from GBRs to registration or licences, as it considers necessary in order to protect the water environment.

    1. General Binding Rules (GBRs)

    GBRs provide statutory controls over the following low risk activities:

  • passive weirs less than or equal to 1m high (that do not affect passage of salmon or sea trout);

  • abstractions of less than or equal to 10m3/day;

  • certain test boreholes where the total groundwater abstraction is less than 150m3/year.


    • Any person undertaking an activity which falls within the scope of the GBR does not have to contact SEPA but must abide by any rules laid out in the Regulations which relate to that activity. Use the link below to access the Regulations and see the GBRs.

    Water Environment (Controlled Activities) (Scotland) Regulations 2005, SSI 348

    2. Registration

    Registration is intended to cover low risk activities which cumulatively could cause an impact on the water environment. Operators will be required to provide SEPA with a description of the controlled activity and its location.

    3. Licences

    Where the environmental risk is higher and site-specific controls are required then the activity will be authorised using a licence.

    SEPA’s ‘CAR Practical Guide’ gives details of which authorisation is appropriate for different activities. Use the link below to access this document.

    The Water Environment (Controlled Activities) (Scotland) Regulations 2005 - A Practical Guide

    Other considerations

  • If you are in an area designated under the Habitats Directive, such as a Site of Special Scientific Interest (SSSI) or a Special Area of Conservation (SAC), then you should speak with your local Scottish Natural Heritage office, as you may require a consent from them to abstract or impound water.


  • Under the Environmental Impact Assessment (Water Management) (Scotland) Regulations 2003, water abstraction, drainage and other agricultural water management projects likely to have significant environmental effects are considered to be “development” and therefore come under planning control. You should therefore contact your Local Authority Planning Department and SEPA to discuss any such proposals you may have.


    • Where can I get more information?

    Further information relating to abstraction and impoundment is available from your Environmental Regulator’s website, using the links below.

    England and Wales

    Environment Agency Abstraction Licensing Information

    Northern Ireland

    There is currently no water abstraction licensing system operating in Northern Ireland.

    Scotland

    Water Environment (Controlled Activities)(Scotland) Regulations 2005 : Application Forms (SEPA)

    IMPORTANT LEGAL NOTE

    NetRegs contains simplified guidance based on complex and changing legislation, and does not constitute legal advice. Whilst we endeavour to keep it up to date, we cannot be held liable for errors and omissions; compliance with the law remains the user's responsibility. If you have concerns over compliance, you must seek professional advice, or contact your regulator or local authority.

    The Data has not been prepared to meet your or anyone else's individual requirements so it is your responsibility to ensure that the Data meets your needs

    We cannot ensure and therefore give no promise that the Data on this web site will always be accurate, complete, up to date or valid but we will use reasonable care to ensure that it is an accurate copy of the Data

    © Environment Agency copyright and/or database right 2006. All rights reserved
    Latest News
     

    Newsletter
    Please enter your email address below to receive our newsletter emails


    All content Copyright © Morclean Ltd 2008