Guidance

Small-scale abstractions for construction dewatering: RPS 368

Published 23 April 2026

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have an abstraction licence where one is required.

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

• your activity meets 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) harm to the environment or harm to human health

Activity this RPS applies to

This RPS applies to small-scale single abstraction or series of abstractions of groundwater under 270 days duration to dewater a construction site because of a high water-table. This small-scale abstraction (or abstractions) allows construction or maintenance of building or engineering works by pumping groundwater directly from the site.

This RPS does not change your legal requirement to get other permissions from any other statutory authority. This includes other functions of the Environment Agency if relevant, such as an environmental permit for a flood risk, water discharge or groundwater activity.

This RPS does not apply if abstracted water is used for any other on-site purposes such as dust suppression or wheel washing. In this case, you must obtain an abstraction licence before beginning abstraction.

Conditions you must comply with

Keep records and notify the Environment Agency of your small-scale abstraction

You must:

• keep records from the start of the works for 2 years to show that you have complied with this RPS and make these records available to the Environment Agency on request
• notify the Environment Agency of your small-scale abstraction using the online form under the heading ‘Notify the Environment Agency of your use of this RPS’ before you begin abstraction

Managing and operating the small-scale abstraction

You must:

• carry out a hydrogeological impact assessment to a standard equivalent to Preparing a hydrogeological impact assessment before beginning abstraction
• manage and operate the abstraction in line with a written management system that identifies and minimises risks of pollution and adverse impacts on the environment or other water users
• return 100% of the abstracted water without intervening use to the same aquifer at the closest point as reasonably practicable to that from which it is abstracted, or the nearest part of any watercourse to the point of abstraction (or both)
• install a meter (or meters) to measure the quantity of water returned to the environment
• take and record readings of the meter (or meters) at the same time each day when abstraction is taking place

You must not:

• cause, or be likely to cause, subsidence of the surrounding ground
• abstract groundwater from a site within 500 metres of a European site as designated in Regulation 8 of The Conservation of Habitats and Species Regulations 2017
• abstract groundwater from a site within 500 metres of a Ramsar site as designated in Section 37A of the Wildlife and Countryside Act 1981
• abstract groundwater from within 50 metres of a watercourse
• abstract groundwater for a period of more than 270 days from the first day of abstraction

Impacts on other water users and statutory authorities

You must not:

• prevent a person who is entitled to abstract water (whether licensed or by an activity exempt from licensing) from doing so to the extent allowed
• adversely affect any existing lawful uses of groundwater or other water users, riparian rights or interests
• prevent statutory authorities from carrying out their legal requirements, including navigation authorities, harbour authorities, conservancy authorities and statutory water undertakers
• interfere with the operations of any drainage board for any internal drainage district

Preventing environmental harm

You must ensure that the works do not cause a deterioration in the status of a water body or compromise the delivery of any relevant objective in the:

• Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
• Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
• Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

You must not cause, or be likely to cause, harm to freshwater fish, migratory salmonids or eel resulting from:

• inhibiting or preventing their upstream or downstream passage
• disturbance of spawn, spawning fish or spawning area

You must not cause, or be likely to cause, damage to a:

• Site of Special Scientific Interest (SSSI) as set out in Section 52(1) of the Wildlife and Countryside Act 1981
• nature reserve established by a local authority
• species mentioned in Article 4(2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or listed in Annex I to that Directive
• species mentioned in Annex IV to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
• species which are subject to a licence under Section 16 of the Wildlife and Countryside Act 1981

Quantity limits when returning water to a watercourse

You must not exceed the following quantities when returning water to a watercourse:

• during the first 30 days, beginning on the first day of abstraction, 400 cubic metres per day
• during the subsequent 240 days, 100 cubic metres per day

There are different quantity limits if the abstraction is:

• within 500 metres of a water dependent SSSI designated in Section 52(1) of the Wildlife and Countryside Act 1981
• within 250 metres of a groundwater-fed wetland or river, or a spring, well or borehole used to supply water for any existing lawful abstraction that is a protected right (whether licensed or by an activity exempt from licensing)

In this case, you must not exceed the following quantities when returning water to a watercourse:

• during the first 30 days, beginning on the first day of abstraction, 200 cubic metres per day
• during the subsequent 240 days, 50 cubic metres per day

Notify the Environment Agency of your use of this RPS

You must notify the Environment Agency of your small-scale abstraction before beginning abstraction.

You will be asked to confirm that you have read and meet all of the conditions of this RPS.

Things to note

This RPS does not affect your right to:

• abstract groundwater under regulation 5 of the Water Abstraction and Impounding (Exemptions) Regulations 2017
• the exemptions from an abstraction licence under the Water Resources Act 1991

You can get information on the Water Framework Directive status for an individual water body at:

• Catchment Data Explorer
• River basin management plans: updated 2022

Your records of construction dewatering should include:

• daily abstraction volumes taken at the same time each day and which water body or water bodies that water is returned to
• groundwater level monitoring
• reports and surveys
• landowner and operator details
• technical specifications
• drawings and plans

Your written management system should include risks arising from:

• operations
• maintenance
• accidents
• incidents
• non-compliance
• those brought to the attention of the operator as a result of complaints

Quantity limits do not apply for water that is returned directly to the same aquifer from which it was abstracted.

Migratory salmonids include salmon and sea trout.

Watercourse includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows. The exceptions are mains and other pipes which:

• belong to the Environment Agency or a water undertaker
• are used by a water undertaker or any other person for the purpose only of providing a supply of water to any premises

For guidance on how to search for designated sites and protected species, see Construction near protected areas and wildlife.

You can identify if a SSSI is ‘water dependent’ by looking for Operation 14 in the Operations Requiring Natural England’s Consent: “The changing of water levels and tables and water utilisation (including irrigation, storage and abstraction from existing water bodies through boreholes)”. You can check a designated site’s details on Natural England’s website.

For information on Internal Drainage Boards, see the Association of Drainage Authorities website.

When you must check back

The Environment Agency intends to review this RPS by 31 December 2027.

The Environment Agency can withdraw or amend this regulatory position before the review date 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 the review date, 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. Use the ‘Get emails about this page’ feature on the RPS publication page.

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
• tell the Environment Agency immediately by contacting enquiries@environment-agency.gov.uk with RPS 368 in the subject

Contact the Environment Agency

If you have any questions about this RPS, email enquiries@environment-agency.gov.uk with RPS 368 in the subject.