Water Abstraction Regulations
A comprehensive guide to the regulatory framework governing water abstraction in England and Wales, covering the Water Resources Act 1991, the Water Act 2003, the Water Abstraction Plan 2017, and the Environment Agency licensing system.
Disclaimer: This guidance is provided for informational purposes only and does not constitute legal advice. Always consult the Environment Agency or Natural Resources Wales for authoritative regulatory guidance specific to your situation.
The 20m³/Day Threshold
The single most important number in water abstraction regulation. Under the Water Resources Act 1991 and the Water Abstraction and Impounding (Exemptions) Regulations 2017, the 20 cubic metre per day threshold determines whether you need a licence.
Below 20m³/day
Generally exempt from licensing requirements. No licence needed for small-scale abstraction from a single operation.
Exactly 20m³/day
The threshold is exclusive — abstraction of exactly 20m³/day does not require a licence, but you should keep records to demonstrate compliance.
Above 20m³/day
A full abstraction licence from the Environment Agency (England) or Natural Resources Wales (Wales) is required before abstraction commences.
Regulatory Framework
Water abstraction in England and Wales is governed by a layered framework of primary legislation, secondary legislation, and policy documents.
Water Resources Act 1991
The foundational statute governing water abstraction in England and Wales. Establishes the licensing system, defines offences, and confers powers on the Environment Agency.
- Section 24: Prohibition on unlicensed abstraction — unlimited fine for breach
- Section 38: Framework for abstraction licences and conditions
- Section 51: Voluntary licence modification or revocation
- Section 52: Compulsory modification or revocation with compensation
- Section 57: Drought Orders enabling suspension of licence conditions
Water Act 2003
Significantly amended the WRA 1991, introducing time-limited licences, removing compensation for post-2012 licences modified on environmental grounds, and enabling abstraction trading.
- Removed compensation for licences granted after 1 January 2012 that are modified on environmental grounds
- Introduced time-limited licences (typically 12 years)
- Enabled trading of abstraction rights between licence holders
- Required the EA to have regard to water resource conservation
- Introduced the concept of Catchment Abstraction Management Strategies (CAMS)
Water Abstraction Plan 2017
Sets out the government's and Environment Agency's approach to reforming water abstraction management in England, addressing unsustainable abstraction and modernising regulation.
- Addresses unsustainable abstraction harming the environment
- Develops a stronger catchment-level management focus
- Modernises regulation through Environmental Permitting Regulations integration
- Commits to reviewing all 'serious damage' and 'at risk' water bodies
- Introduces more flexible licence conditions including seasonal and flow-linked terms
Water Abstraction and Impounding (Exemptions) Regulations 2017
Defines activities that are exempt from the requirement to hold an abstraction licence, replacing the previous exemptions regime under the WRA 1991.
- Small-scale abstraction: ≤20 m³/day from a single operation
- Fire fighting: any volume
- Rainwater collection from roofs and surfaces
- Passive dewatering under regulatory position statement
- Ship and boat water for drinking or ballast
The Licensing Process
Applying for a water abstraction licence involves several stages. The process typically takes 4 months for straightforward applications and longer for complex ones.
Pre-Application Advice
Contact the Environment Agency (England) or Natural Resources Wales (Wales) before applying. The EA offers an enhanced pre-application service for complex cases. This stage helps identify issues early and improves application quality.
Strongly recommended — can save significant time and cost.
Hydrogeological Investigation (Groundwater)
For groundwater sources, you must apply for consent to investigate the source before applying for the abstraction licence. This involves drilling a test borehole and conducting pumping tests to establish yield and impacts.
Required before applying for a groundwater abstraction licence.
Submit Application
Submit the application form with supporting information including maps, technical details, environmental assessment, and evidence of need. Applications are submitted to the EA (England) or NRW (Wales).
Application fee payable on submission — varies by licence type and volume.
Consultation
The EA consults with relevant bodies including Internal Drainage Boards, navigation authorities, and other abstractors. The application is also advertised publicly. Objections may be raised.
Consultation period is typically 28 days.
Decision
The EA may grant the licence (with or without conditions), modify the application, or refuse it. Applicants have a right of appeal to the Secretary of State against refusal or unacceptable conditions.
Target determination time: 4 months for straightforward applications.
Regulatory Bodies
Environment Agency (England)
The EA is the principal regulator for water abstraction in England. It administers the licensing system, enforces compliance, and manages water resources at the catchment level through Catchment Abstraction Management Strategies (CAMS).
Visit Environment AgencyNatural Resources Wales (Wales)
NRW is the body responsible for regulating water abstraction in Wales. It has broadly similar functions to the EA in England, administering the licensing system and managing water resources across Welsh catchments.
Visit Natural Resources WalesRelated Articles
View allDo 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.
Applying for a Water Abstraction Licence: A Step-by-Step Guide
A practical step-by-step guide to applying for a water abstraction licence from the Environment Agency in England, covering pre-application, the application form, and what to expect.