Guidance

Abstracting floodwater outside of licence conditions during flood events: RPS 300

Published 20 February 2024

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to comply with the conditions of your abstraction licence.

However, the Environment Agency will not normally take enforcement action against you if you do not comply with this legal requirement provided that: 

• your activity and the circumstances meet the description set out in this RPS

• you comply with the conditions set out in this RPS

• your activity does not cause (and is not likely to cause) pollution of the environment or harm to human health

1. Activity this RPS applies to

This RPS applies to the abstraction of water from a ‘source of supply’ (rivers, streams or groundwater) either:

• at a time of year that is not included within your licence conditions
• at instantaneous, hourly, or daily rates that exceed your licence quantities

2. Circumstances in which this RPS applies

This RPS applies when there is a ‘flood warning’ or ‘severe flood warning’ issued by the Environment Agency flood alerts and warnings service at the licensed point of abstraction

The RPS will no longer apply once the ‘flood warning’ or ‘severe flood warning’ has been lifted.

3. Conditions you must comply with

You must:

• have a valid abstraction licence
• comply with the conditions of your licence relating to:
  • points of abstraction
  • means of abstraction
  • eel and fish screening
  • purposes of abstraction
  • annual abstraction quantity
• notify the Environment Agency by email at WRRegulation@environment-agency.gov.uk with the subject ‘RPS 300: floodwater abstraction’ and your licence number within 2 days of starting abstraction under this RPS
• submit a record of the hourly and daily quantities abstracted within 5 days of stopping abstraction under this RPS
• make it clear how much water was abstracted under this RPS when you submit your annual abstraction returns
• keep records for 6 years to show that you have complied with this RPS and make these records available to the Environment Agency on request

You must not: 

• adversely affect or derogate abstraction licences and protected rights
• adversely affect or damage designated conservation sites
• exceed the abstraction rates allowed under your existing licence by more than:
  • 60 litres per second
  • 216 cubic metres per hour
  • 5,184 cubic metres per day (m³d)
• use this RPS if the Environment Agency tells you that total abstraction exceeds 10% of the flow at the abstraction point
• use this RPS in more than one ‘flood warning’ or ‘severe flood warning’ event

4. Things to note

Anyone is allowed to abstract water for the sole purpose of flood alleviation under Section 29(1) of the Water Resources Act 1991. But if they want to abstract more than 20m³d from a source of supply (river, stream or groundwater) for an additional licensable purpose (such as reservoir storage and subsequent irrigation), our position is that they must have an abstraction licence.

The Environment Agency issues ‘flood warnings’ and ’severe flood warnings’ for areas affected by flooding in England and provides notice when these have been lifted. Flood warnings are issued on the check for flooding service. You can sign up to receive text alerts which will tell you when a ‘flood warning’ or ‘severe flood warning’ has been issued and when it has been lifted. 

This RPS can only be used to abstract water outside of your licence conditions during one ‘flood warning’ or ‘severe flood warning’ event. If you believe that you may regularly need to abstract water at a higher instantaneous rate or at different times of year than allowed by your licence, you should contact the Environment Agency to apply to change your licence.   

Working in or close to rivers in flood is dangerous. Health and safety is the abstractor’s responsibility.

Flood water is likely to be of poor quality and may contain raw sewage, oils, sediment, and other contaminants. It is the abstractor’s responsibility to make sure that the water is suitable for its intended use.

5. When you must check back

The Environment Agency intends to review this RPS by 31 March 2025.

The Environment Agency can withdraw or amend this regulatory position before 31 March 2025 if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before 31 March 2025, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn.

6. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must stop the activity to which this RPS relates.

7. Contact the Environment Agency

If you have any questions about this RPS, email WRRegulation@environment-agency.gov.uk.