rainwater harvesting exemption from licensing (explanatory ...rainwater harvesting exclusion from...

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Rainwater Harvesting Exemption from Licensing (Explanatory Note) The Environment Agency promotes rainwater harvesting as a water efficiency approach for those needing water

for their businesses, domestic or leisure needs. Collection from roofs and other surfaces is outside of regulation

but can become licensable if such water is combined with water from ground or surface waters and

subsequently abstracted or transferred. New regulations in January 2018 were introduced to ensure that all

significant abstractions were brought into regulation. This included all forms of irrigation which may include

elements of harvested rainwater.

The Environment Agency generally does not wish to regulate wholly harvested rainwater through these new

regulations, where there is no environmental risk. We have therefore prepared a Regulatory Position Statement

that distinguishes between how harvested rainwater can remain exempt and when its abstraction or transfer

would become licensable.

The position is based around the legal definition of when water becomes “a source of supply” and therefore

licensable and when it can remain outside of regulation. Rainwater that is harvested into a reservoir (with or

without an overflow) comprising solely of collected rainwater will not require an abstraction licence.

We have provided detailed supporting scenarios as guidance to ensure consistency and to enable adjustments

to be made to collection and storage systems. This may allow operators to make changes to sites to utilise the

exemption.

The basic principle is that where the rainwater is isolated from surface or groundwater, then an

abstraction licence is not required, provided it does not have an adverse impact on the environment

either alone or in combination with other abstractions or transfers. This will normally be assessed as not

preventing normal watercourse flow objectives from being met and protected by the extent of rainwater being

harvested within the catchment.

In summary:

The Agency does not wish to regulate harvested rainwater and has therefore worked to produce this

Regulatory Position Statement in relation to the Water Abstraction (Transitional Provisions) Regulations

2017 and The Water Resources (Abstraction and Impounding) Regulations 2006, where we can safely

exclude harvested rainwater from regulation.

This has been achieved by providing clarity for operators on how to keep harvested rainwater from

being classified as a “source of supply” under the legislation, and thereby keeping it outside the

licencing requirement.

To achieve this we have introduced some additional flexibility to our regulatory approach to ensure that

it works in practical terms for many typical situations.

To assist consistent application of the Regulatory Position Statement, we have also provided detailed

scenarios for our regulatory teams.

For some sites, by simple adjustment of the collection or storage arrangements, it may also be possible

to operate within one of these scenarios and thereby stay outside the need for licensing.

There will still be some situations – usually where water from other sources are combined with

harvested rainwater in collection or storage, that licensing will still be required.

We will be happy to provide support to operators to understand their situation and if needed, indicate if

any simple changes could assist them to not needing a licence.

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Water Resources Regulatory Position Statement Rainwater Harvesting exclusion from Water Resources Licensing

1. The Environment Agency does not intend to licence or otherwise draw into regulation wholly harvested

rain water that has not entered an inland water or underground strata (groundwater). In practical terms

this means:

(i) water collected from roofs and other above ground surfaces; and

(ii) collected via a system of above ground pipes and tanks;

(iii) that is isolated from connection to inland waters or groundwater.

2. Where a storage reservoir has an overflow for land drainage or reservoir integrity protection, meaning

that it is capable of discharging to other inland waters, then the storage reservoir itself becomes a

source of supply under the legal definition and therefore removing water from it requires an abstraction

licence. For the purposes of water resource licensing considerations we will apply the following

principles for reservoirs supplying all forms of irrigation:

(i) If the reservoir is filled solely by harvested rainwater such that the overflow water consists

solely of harvested rainwater, then we will not pursue an abstraction licence application for the

amounts subsequently abstracted for irrigation from the reservoir.

(ii) If the reservoir is filled solely by water abstracted from another source of supply under the

control of a full abstraction licence, we will not pursue an abstraction licence application for the

amounts subsequently abstracted for irrigation. (This can include any incidental rainfall but not

harvested rainwater).

3. This regulatory position shall not apply where harvested rainwater is combined with one or more inputs

from any watercourse, land drainage, underground strata, gravity intakes and licensed water abstracted

from another source(s) of supply into a reservoir storage system which is capable of discharging to

other inland waters. In these cases, a licence will be required for the total amount abstracted from the

reservoir for irrigation in addition to any licences required for any abstraction into the reservoir.

4. This regulatory position shall not apply to reservoirs which are unlined and wholly or mainly filled with

water entering the reservoir from an underground strata. These reservoirs are sources of supply and a

licence will be required for the total amount abstracted from them.

5. This regulatory position shall not apply where the extent of rainwater harvesting or abstraction are so

great either alone or in combination as to deplete inland waters or groundwater beyond safe

environmental levels such as represented by Water Framework Directive requirements, or EFI

(Environmental Flow Indicator). This will be taken as applying at the local affected reach or area of the

watercourse/groundwater.

6. Where the storage system is, or remains not a source of supply and is used for any form of irrigation, it

will be exempt from licensing requirements.

7. This RPS will operate for 10 years with potential for a review at 2 years.

March 2019

Rainwater Harvesting Scenarios

Is a licence required once the current exemptions are removed under

the Water Act 2003. If so, how many and what type?

Background and principles

Scope

This guidance applies to all applications for irrigation that utilise rainwater harvesting

to collect water into irrigation reservoirs. It is to be used in deciding the numbers and

types of licences that are required for the licensing of all forms of irrigation.

The legal change

All forms of irrigation (other than spray irrigation) were exempt from the need for a

licence under s29 of the Water Resources Act 1991 as they were classified as land

drainage. This changed from 1st January 2018 and all forms of irrigation now need

an abstraction licence(s) under the Water Resources Act 1991 as modified by the

Water Act 2003.

The legal position

A licence is required where an abstraction (or series of abstractions) takes place

from a source of supply.

"source of supply" means—

(a) any inland waters except, without prejudice to subsection (3) below in

its application to paragraph (b) of this definition, any which are discrete

waters; or

(b) any underground strata in which water is or at any time may be

contained;

"inland waters" means the whole or any part of—

(a) any river, stream or other watercourse (within the meaning of Chapter II of

Part II of this Act), whether natural or artificial and whether tidal or not;

(b) any lake or pond, whether natural or artificial, or any reservoir or dock, in

so far as the lake, pond, reservoir or dock does not fall within paragraph (a) of

this definition; and

(c) so much of any channel, creek, bay, estuary or arm of the sea as does not fall

within paragraph (a) or (b) of this definition;

"watercourse" includes all rivers, streams, ditches, drains, cuts, culverts, dykes,

sluices, sewers and passages through which water flows,

"discrete waters" means inland waters so far as they comprise—

(a) a lake, pond or reservoir which does not discharge to any other inland

waters; or

(b) one of a group of two or more lakes, ponds or reservoirs (whether near

to or distant from each other) and of watercourses or mains connecting

them, where none of the inland waters in the group discharges to any

inland waters outside the group;

General principles

The Agency does not intend to licence or otherwise draw into regulation wholly

harvested rainwater that has not entered an inland water or underground strata

(groundwater). As a working expedient we take this to mean water collected from

roofs and other above ground surfaces and collected via a system of above ground

pipes and/or tanks or that are isolated from connection to inland waters or

groundwater.

The scale and complexity of rainwater harvesting systems can vary greatly in scope

and size from small ponds to large reservoirs which are also regulated under the

Reservoirs Act.

A strict interpretation of the legislation could result in some small scale low risk

scenarios being licensed for little environmental or water resource management

benefit. We have therefore developed a Regulatory Position Statement (RPS)

covering our regulatory approach to rainwater harvesting which needs to be read in

conjunction with the scenarios detailed below.

Storage Reservoirs

Where a reservoir is filled solely by harvested rainwater such that the overflow water

consists solely of harvested rainwater, then we will not pursue an abstraction licence

application for the amounts subsequently abstracted for irrigation from the reservoir.

Where a reservoir is filled solely by water abstracted from another source of supply

under the control of a full abstraction licence, we will not pursue an abstraction

licence application for the amounts subsequently abstracted for irrigation. This

presumes that the reservoir wouldn’t overflow except in extremely rare

circumstances because the input is controlled under an abstraction licence(s) for

filling the reservoir and their output for irrigation cannot exceed that amount. (This

can include any incidental rainfall but not harvested rainwater).

This position statement shall not apply where harvested rainwater is combined with

one or more inputs from any watercourse, land drainage, underground strata, gravity

intakes and licensed water abstracted from another source(s) of supply into a

reservoir storage system which is capable of discharging to other inland waters. In

these cases a licence will be required for the total amount abstracted from the

reservoir in addition to any licences required for any abstraction into the reservoir.

RAINWATER HARVESTING AND IRRIGATION RESERVOIR

SCENARIOS FOR IRRIGATION

1. Solely above ground rainwater harvesting to discrete

lined reservoir – no discharge to inland waters

To irrigation

Reservoir is not a source of supply – discrete water. No licence required from

reservoir (Paragraph 1 and 6 of RPS applies).

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2. Solely above ground rainwater harvesting to lined

reservoir with engineered discharge or overflow to

inland waters

River To irrigation

Glasshouse etc.

Glasshouse etc.

Reservoir is a source of supply (but subject to paragraph 2(i) of the RPS). No

licence from reservoir required if RPS complied with. This is conditional on

their being no other inputs or transfer into the reservoir.

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3. Rainwater harvesting to lined reservoir with

engineered discharge or overflow to inland waters and

mains water top up.

Mains water top up

To irrigation

River

Reservoir is a source of supply (but subject to paragraph 2(i) of the RPS). No

licence from reservoir required if RPS complied with. This is conditional on

their being no other inputs or transfer into the reservoir from another source of

supply.

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4. Rainwater harvesting to discrete unlined reservoir –

no discharge to inland waters

To irrigation

Licensing position will depend on whether the reservoir is wholly or mainly

filled with water entering the reservoir from the underground strata (Water

Resources Act s221(3).

Glasshouse etc.

Glasshouse etc.

If wholly or mainly groundwater then reservoir is a source of supply and 1 x

full licence required from reservoir for irrigation. (Paragraph 4 of RPS applies)

If wholly/ mainly harvested rainwater / surface run-off – then scenario 1 above

applies. (Paragraph 1 and 6 of RPS applies).

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5. Rainwater harvesting to unlined reservoir with

engineered discharge or overflow to inland waters

To irrigation

River

Reservoir is a source of supply. Licensing position will depend on whether the

reservoir is wholly or mainly filled with water entering the reservoir from the

underground strata (Water Resources Act s221(3)) or wholly or mainly

harvester rainwater.

If wholly or mainly groundwater then 1 x full licence required from reservoir for

irrigation (source of supply = underground strata). (Paragraph 4 of RPS

applies).

If mainly harvested rainwater with a lesser component of groundwater, then 1

x full licence required from the reservoir for irrigation (source of supply =

Inland water). The reservoir is a source of supply with more than 1 input.

(Paragraph 3 of RPS applies).

If wholly harvested rainwater and no groundwater – then scenario 2 above

applies. Reservoir is a source of supply (but subject to paragraph 2(i) of the

RPS). No licence from reservoir required if RPS complied with. This is

conditional on there being no other inputs or transfer into the reservoir.

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Glasshouse etc.

6. Rainwater harvesting to discrete lined reservoir and

borehole top up >20m3/d– no discharge to inland

waters

Borehole top up

To irrigation

Reservoir is not a source of supply – discrete water.

1 x full licence required for borehole top up to reservoir. No licence required

from reservoir. (Paragraph 6 of RPS applies).

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7. Rainwater harvesting to discrete lined reservoir and

borehole top up >20m3/d and direct abstraction from

borehole– no discharge to inland waters

Direct irrigation

Top up

To irrigation

Reservoir is not a source of supply – discrete water.

1 x full licence required for borehole top up to reservoir and direct irrigation –

2 purposes. . No licence required from reservoir. (Paragraph 6 of RPS

applies).

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Glasshouse etc.

Glasshouse etc.



borehole top up >20m3/d

To irrigation

River

Reservoir is a source of supply and borehole is a source of supply. 2

applications required. (Paragraph 3 of RPS applies).

1 x full licence for borehole to reservoir (purpose of use will be transfer for the

purpose of subsequent re-abstraction for irrigation) and 1 x full licence for

irrigation from reservoir.

The licence from the reservoir will have higher quantity as this will also include

a component of rainwater harvesting. Need to consider

metering/aggregation/charging (volumes on both full licences).

The main purpose of the borehole is to top up the reservoir for subsequent re-

abstraction under a full licence so a full licence is appropriate for the borehole

abstraction.



borehole top up <20m3/d

To irrigation

River


application from reservoir required (if abstraction exceeds 20m3/d).

(Paragraph 3 of RPS applies).

Glasshouse etc.

Glasshouse etc.

No licence required for borehole to reservoir as below the 20m3/d threshold.



borehole top up >20m3/d in aggregate

B/H top up 15m3/d

B/H top up 10m3/d

To irrigation

River

Reservoir is a source of supply and boreholes are a source of supply. 2


1 x full licence for boreholes to reservoir as in-aggregate they exceed to

20m/3 licensing threshold if from the same source of supply. Purpose of use

will be transfer for the purpose of subsequent re-abstraction for irrigation.

1 x full licence required for the boreholes

1 x full licence for irrigation from reservoir.

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11. Rainwater harvesting to lined reservoir and borehole

top up >20m3/d and direct abstraction with

engineered discharge or overflow to inland waters

Direct irrigation

Top up

To irrigation

River



Glasshouse etc.

Glasshouse etc.

1 x full licence required for borehole with 2 purposes: transfer for the purpose

of subsequent re-abstraction for irrigation and direct irrigation.

1 x full licence from reservoir for irrigation.

Would need to consider how to measure borehole abstraction for 2 purposes.

Need to consider metering/aggregation/charging (volumes on both full

licences). The licence from the reservoir will have higher quantity as this will

also include a component of rainwater harvesting.

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12. Lined reservoir with engineered discharge or overflow

to inland waters and borehole top up >20m3/d. No

rainwater harvesting or other inputs to reservoir.

To irrigation

River

Reservoir is a source of supply and borehole is a source of supply. Reservoir

only comprises of controlled top up from another licensed source. (Paragraph

2(ii) of RPS applies).

1 x full licence for borehole to reservoir (purpose: transfer for the purpose of

subsequent re-abstraction for irrigation). This scenario would also apply

where the borehole abstraction is replaced by a surface water abstraction.

No licence required for irrigation from storage reservoir.

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13. Rainwater harvesting to discrete lined reservoir with

no discharge and inland water top up.

River To irrigation

River (inland water) is a source of supply. Reservoir is not a source of supply.

1 x Full licence required from river to reservoir for subsequent irrigation. No

licence required from reservoir. (Paragraph 6 of RPS applies).

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engineered discharge or overflow and inland water

top up >20m3/d.

To irrigation

River

Reservoir is a source of supply and river is a source of supply. 2 applications

required. (Paragraph 3 of RPS applies).

Glasshouse etc.

Glasshouse etc.

1 x full licence for river for reservoir top up (purpose of use will be transfer for

the purpose of subsequent re-abstraction for irrigation) and 1 x full licence for

irrigation from reservoir.


licences). The licence from the reservoir will have higher quantity as this will

also include a component of rainwater harvesting.

The main purpose of the river abstraction is to top up the reservoir for

subsequent re-abstraction under a full licence so a full licence is appropriate

for the river abstraction.

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15. Rainwater harvesting to lined reservoir with no

discharge, with inland water and borehole top up

>20m3/d each.

Borehole

To irrigation

River

River (inland water) is a source of supply. Borehole is a source of supply

Reservoir is not a source of supply. 2 applications required. (Paragraph 6 of

RPS applies).

1 x Full licence required from river to reservoir top up for irrigation

1 x Full licence from borehole to reservoir top up for irrigation

(Purpose of use will be transfer for the purpose of subsequent re-abstraction

for irrigation)

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16. Solely rainwater harvesting to lined reservoir used for

river augmentation for re-abstraction

Pumped/valved discharge for augmentation only (no overflow)

River Re-abstraction for irrigation

Reservoir is not a source of supply. 1 x Full licence required from river for

irrigation (may include conditions dependent on a discharge being made from

the reservoir). No licence required from reservoir. (Paragraph 1 and 6 of RPS

applies).

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17. Rainwater harvesting to unlined reservoir used for

river augmentation for re-abstraction



Glasshouse etc.

Glasshouse etc.



Resources Act s221(3)). If mainly rainfall/ run-off then it is a discrete water.

If reservoir wholly/mainly harvested rainfall / surface run-off then scenario 1

above applies – discrete water. (Paragraph 6 of RPS applies). 1 x full licence

required for irrigation from river (may include conditions dependent on a

discharge being made from the reservoir).

If wholly or mainly groundwater then paragraph 4 of RPS applies so 2

licences required.

1 x full licence from reservoir (source of supply = underground strata) to river

for transfer for the purpose of subsequent re-abstraction for irrigation. 1 full

licence from river for irrigation. .


licences).

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18. Rainwater harvesting to unlined reservoir used for

direct abstraction and also river augmentation for re-

abstraction


To irrigation




Resources Act s221(3)). If mainly rainfall/ run-off then it is a discrete water.

If reservoir wholly/mainly harvested rainfall / surface run-off – then scenario 1

above applies – discrete water. (Paragraph 6 of RPS applies). 1 x full licence

required for irrigation from river.

Glasshouse etc.

If wholly or mainly groundwater then paragraph 4 of RPS applies so 2

licences required.

1 x full licence required to cover abstraction from reservoir (source of supply =

underground strata) for two purposes: transfer to the river for the purpose of

subsequent re-abstraction for irrigation and direct abstraction from the

reservoir. This can only be a full licence as the definition of transfer is not met.

1 full licence from river for irrigation.


licences).

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19. Solely above ground rainwater harvesting from above

ground surfaces to discrete lined reservoir – no

discharge to inland waters. Valve can divert water into

reservoir or into river.

Valve

To irrigation

River

Reservoir is not a source of supply – discrete water. No licence required for

irrigation from reservoir if RPS complied with. (Paragraph 1 and 6 of RPS

applies).

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Glasshouse etc.

20. Below ground land drain harvesting to discrete lined

reservoir – no discharge to inland waters. Valve can

divert water into reservoir or into river.

Valve

Land drain

To irrigation

River

Reservoir is not a source of supply – discrete water. No licence required for

irrigation from reservoir. (Paragraph 6 of RPS applies).

Below ground /land drains. An abstraction takes place from the land drain

which is considered to be a source of supply for licensing purposes

1 x full licence required for filling of reservoir – same as off-line storage

situation.

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Glasshouse etc.

rainwater harvesting exemption from licensing (explanatory ...rainwater harvesting exclusion from...

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