Groundwater Licences (England & Wales)

GROUNDWATER ABSTRACTION

PDF: Groundwater Abstraction Advice Flowchart – England & Wales

From 1st January 2018, the Water Abstraction (Transitional Provisions) Regulations 2017 removed previous exemptions for construction dewatering from environmental regulation control. Any abstraction greater than 20m³/day is regulated. 

The approach to environmental regulations for groundwater abstraction in construction dewatering varies according to it's risk. In general terms, risk is related to the impact associated with flow (volume), duration and aquifer status.

Very Low Risk

Exemptions for small-scale dewatering in the course of building or engineering works under the Water Abstraction and Impounding (Exemptions) Regulations 2017, commonly known as Regulation 5 Exemptions https://www.legislation.gov.uk/uksi/2017/1044/regulation/5

5. - (1) The restriction on abstraction does not apply to an abstraction or series of abstractions of water carried out in the course of building or engineering works for the purpose of dewatering from a sump or excavation if:

(a) the abstraction or series of abstractions are temporary and, in any event, carried out over a period of less than six consecutive months beginning with commencement of the first abstraction,

(b) each abstraction does not cause or is not likely to cause damage to a conservation site or specific features in such a site.

(c) each abstraction does not cause or is not likely to cause damage to protected species, and

(d) either -
(i) the water abstracted is immediately discharged to a soakaway, or 
(ii) the volume of water abstracted is less than 100 cubic metres of water per day and there is no intervening use of that water before discharge

(2) Where abstraction is undertaken within 500 metres of a conservation site or within 250 metres of a spring, well or borehole used to supply water for any lawful use, paragraph (1)(d)(ii) applies in respect of that abstraction as if the reference to 100 cubic metres of water per day were a reference to 50 cubic metres of water per day.

Low Risk - Controlled within Regulatory Position Statement (RPS 368)

PDF: Groundwater Abstraction Advice Flowchart For Construction Dewatering RPS 368 - England

Although RPS 368 doesn't alter the fact that a groundwater abstraction permit or licence is required, the RPS sets out conditions and a list of dos and don'ts that if complied with, would result in enforcement action not being taken.

RPS 368 is aimed to remove low-risk dewatering activities from the abstraction licencing process and better reflects the majority of small-scale dewatering activities. In addition, groundwater recharge and the unique ability dewatering can offer to sustainable construction is being recognised. Quantity limits do not apply for water that is returned directly to the same aquifer from which it was abstracted.

The RPS details full details and conditions can be found at https://www.gov.uk/government/publications/small-scale-abstractions-for-construction-dewatering-rps-368/small-scale-abstractions-for-construction-dewatering-rps-368, but in summary if you comply to the following conditions an abstraction licence will not be required:

Conditions

1. 100% of the abstracted groundwater is discharged without intervening use to either:
   a. the same aquifer as that from which it was abstracted, or
   b. the nearest part of any watercourse to the point of abstraction

2. The abstraction period is no longer than 9 months beginning from the first day of abstraction 

3. The abstraction is not within 50 metres of a watercourse

4. Abstraction rate must not exceed 400m³/day (4.63 l/s – 24/7) during the first month and does not exceed 100m³/day (1.16 l/s – 24/7) during the subsequent 8 months

5. The abstraction must not cause or be likely to cause damage, adverse effect or harm the environment, habitats or species, conservation sites, prevent the statutory authorities from carrying out their legal obligations

6. The abstraction must not interfere with the operations of any drainage board for any internal drainage district, derogate an existing lawful abstraction that is a protected right, whether licensed or an abstraction activity exempt from licensing, or cause a deterioration in the status of a water body or compromise the delivery of any relevant environmental objectives

7. Where some or all the abstracted groundwater is discharged to a watercourse and the abstraction is within 500 metres of a water dependent designated site or 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, the discharge must not exceed 200m³/day (2.32 l/s – 24/7) during the first month and 50m³/day (0.58 l/s – 24/7) during the subsequent 8 months.

Obligations

As a condition of the RPS, you must:

1. Carry out a Hydrogeological Impact Assessment (HIA) to a standard equivalent to that set out in the published Environment Agency Guidance

2. Produce a Groundwater Management Plan that identifies and minimises risks of pollution and adverse impacts on the environment or other water users and to ensures implementation during the operation of the dewatering

3. Install and measure the quantity of any water discharged to a watercourse and take and record readings of the meter at the same time each day when abstraction is taking place

4. Notify the EA using the link here  

5. You must keep records from the start of the works for a period of 2 years to show that you have complied with this RPS. Records must be available to the Environment Agency on request, and include abstraction records, reports and surveys (HIA), landowner and operator details and before and after photographs.

Currently the RPS applies to England only, with the understanding that Natural Resources Wales (NRW) will review after Senedd elections in May 2026. However, it is expected that NRW will, in time incorporate a RPS similar to the EA. 

Medium and High Risk - Controlled under an Abstraction Licence, with Determination Process

If dewatering activity is deemed not able to comply with either Regulation 5 exemptions or RPS 368 conditions, you will need to apply for a transfer or full abstraction licence and follow the licence application process.

England: Apply here

Wales: Apply here

Legally, you cannot commence pumping until all the required licences and consents are in place. Therefore, it is important that you are aware of this risk and leave sufficient time to obtain the required licences. Stuart Wells can oversee and undertake the licencing application process for you. Please contact us for more information and to discuss how we can assist.

Information on and updated EA fees and charges can be accessed from the following links: 

England

Wales

Based on our extensive experience working with groundwater regulators, we recommend submitting a high-quality application to gain the required permits as quickly as possible. To optimise your chances of success, we strongly advise collaborating with our team for professional services.

We would recommend using the enhanced pre-application service, with supporting information consisting of a Dewatering Technical Note, Water Feature Survey and Hydrogeological Impact Assessment (HIA) in accordance with guidelines Hydrogeological Impact Appraisal for Dewatering Abstractions” 2007 Science Report – SC040020/SR1 at which point the EA will advise on any other information they will be required to support a full application. Please contact us for more information and to discuss your situation.

GROUNDWATER DISCHARGE

Discharge to Surface Water (Rivers, Streams etc...)

Environmental Regulations regarding discharge of groundwater from temporary dewatering operations to surface water are set out in EA Guidelines document RPS 262 Temporary dewatering from excavations to surface water: RPS 261. There are listed exemption conditions, and we would advise you contact us for more information and to discuss  how we can assist. To simplify, the RPS potentially allows groundwater discharge to surface water for no more than 3 consecutive months provided the discharge is uncontaminated and clean with plans and control measures for silt, disposal and use machinery in excavations while dewatering is taking place. There is also a requirement to keep records for 2 years that show you have complied with the RPS .

Should the discharge period go beyond 3 consecutive months, or the discharge point is less than 500m upstream of a SSSI, SAC, SPA, site of community importance or Ramsar site. RPS 262 does not apply, and a bespoke environment discharge permit will be required. New bespoke environmental permit: application forms (England).

Discharge to Utility Outfall (Sewer etc...)

Should discharge be to a utility outfall you do not need an environmental discharge permit. However, a trade effluent discharge permit from the utility company or authority will be required. Most water companies use a wholesaler to manage the application and once you have a consent, you must comply with all its conditions. Normally a cost/m3 of discharge applies with regular inspection and monitoring. We would advise you contact us for more information and to discuss how we can assist.