Guidance

Comply with your water abstraction or impounding licence

How to comply with your licence, including how to measure, record and report on the water you abstract.

Applies to England

Site inspections

The Environment Agency carry out site inspections to check compliance with licence conditions. They also give advice and guidance on how to comply.

They take a risk-based approach on how often they inspect a site. They inspect more often when there is a high potential for damage to the environment or where there is a poor compliance history, for example:

  • where hands off flow condition limits or section 57 irrigation bans have been imposed – the drought plans contain more information about how they will increase compliance checks during a drought
  • in response to incidents, such as reports of low flows
  • if the records of actual abstraction you submit to us (‘returns’) suggest over-abstraction or other non-compliance

Measure your water abstraction

Most licences require you to accurately measure and report the quantity of water you abstract. The Environment Agency will discuss these requirements with you while they determine your application. If your licence requires the use of a meter, see water abstraction: how to make sure your meter is accurate.

You need to measure and record the amount of water you abstract so you can keep within the limits allowed in your licence. If you think you need to abstract more than your maximum quantity you need to apply to change your licence. The Environment Agency may not increase the maximum quantity your licence allows you to abstract.

The Environment Agency need accurate records of how much water is taken so they can:

  • make sure society’s need for water is balanced with that needed to maintain a healthy aquatic environment
  • understand where there is water available for new abstractions
  • charge abstractors who hold a two part tariff billing agreement
  • check compliance with licence conditions
  • provide information on the quantities of water abstracted

Submit abstraction returns

Your abstraction licence will tell you how often you need to record the amount of water you abstract. Your licence will state if you must submit a record of your actual abstraction to the Environment Agency each year.

Even if you have not taken any water, you must submit a ‘nil’ return if your licence states that you must report how much water you abstract.

You can create an account to manage your licence and submit returns online.

If you do not submit your record of actual abstraction when required to do so, the Environment Agency may take enforcement action.

If you hold a licence for spray and or trickle irrigation you may have a two part tariff charge arrangement. This means your charges are partially calculated on the amount of water you abstract rather than the amount your licence allows you to abstract. To gain the full financial benefits of this arrangement it is important that you submit your return, even if you have not abstracted any water.

Complying with your licence

The Environment Agency’s priority is to help you comply with your licence. For example, if you get close to your annual authorised volume, you can discuss with them how you can adjust your usage to save water or apply to increase your licence quantities.

If you commit an offence or breach your licence conditions, the Environment Agency may take enforcement action.

Enforcement options include:

  • criminal sanctions – warnings, formal cautions and prosecution, with fines up to £20,000
  • civil sanctions

The options available for each offence are set out in the water resources offence response options.

They can use enforcement options to:

  • achieve environmental outcomes
  • stop offending
  • correct damage
  • bring abstraction or impoundment under regulatory control

Any response is specific to the individual circumstances of each case and is based on the public interest factors set out in the enforcement and sanctions policy.

They usually take enforcement action against the licence holder, so you must check on anyone you allow to use an abstraction licence in your name.

Contact the Environment Agency

General enquiries

National Customer Contact Centre
PO Box 544
Rotherham
S60 1BY

Email enquiries@environment-agency.gov.uk

Telephone 03708 506 506

Telephone from outside the UK (Monday to Friday, 8am to 6pm GMT) +44 (0) 114 282 5312

Monday to Friday, 8am to 6pm.

Published 27 March 2018