Do You Need an Abstraction Licence? The 20m³/Day Rule Explained
A clear explanation of when you need an Environment Agency abstraction licence in England and Wales, focusing on the critical 20 cubic metre per day threshold and its exceptions.
The Core Rule
Under the Water Resources Act 1991 (as amended) and the Water Abstraction and Impounding (Exemptions) Regulations 2017, you generally need an abstraction licence if you abstract more than 20 cubic metres (m³) of water per day from any source.
20 m³ = 20,000 litres = approximately 4,400 gallons per day.
What Counts as "Abstraction"?
Abstraction means removing water from:
- A river, stream, or other watercourse (surface water).
- A lake, pond, or reservoir.
- Groundwater (via a borehole, well, or spring).
- A canal or drain.
It does not include:
- Collecting rainwater from roofs or hard surfaces (generally exempt).
- Passive drainage of water that would otherwise flood your land (subject to conditions).
The Exemptions
The Water Abstraction and Impounding (Exemptions) Regulations 2017 provide a number of exemptions from the requirement to hold a licence:
| Exemption | Condition |
|---|---|
| Small-scale abstraction | ≤20 m³/day from a single operation |
| Fire fighting | Any volume, for fire fighting or testing fire fighting equipment |
| Navigation | Water taken for the purpose of navigation |
| Drainage | Passive drainage to prevent flooding |
| Rainwater | Collection from roofs and hard surfaces |
| Shipping | Water taken for use on a ship |
| Scientific investigation | Small volumes for scientific purposes |
Important Nuances
The "Single Operation" Requirement
The 20 m³/day exemption applies to a single operation. You cannot split your abstraction across multiple points to stay under the threshold if they are part of the same operation.
Cumulative Abstraction
If you have multiple abstraction points that are part of the same operation, the EA may consider them cumulatively when assessing whether a licence is required.
Impoundment
If you build a dam or weir to impound (hold back) water, you may need an impoundment licence in addition to, or instead of, an abstraction licence — even if the volume abstracted is below 20 m³/day.
Tidal Waters
Different rules apply to abstraction from tidal waters (estuaries and the sea). Contact the EA for specific guidance.
Consequences of Abstracting Without a Licence
Abstracting water without a licence (where one is required) is a criminal offence under Section 24 of the Water Resources Act 1991. The penalty is an unlimited fine.
The EA can also:
- Serve an enforcement notice requiring you to stop abstracting.
- Apply to court for an injunction.
- Recover the costs of any remediation required.
How to Check
If you are unsure whether you need a licence, use the EA's online tool: Check if you need a licence to abstract water
Or contact the EA's National Customer Contact Centre: 03708 506 506.