Abstraction regime

What is an abstraction?

An abstraction is the removal or diversion of water from the water environment. It can be carried out by a variety of means including a pump, pipes, an engineering structure in a watercourse, a borehole or a well. In terms of regulation, an abstraction requires authorisation whether it is carried out on a permanent or temporary basis.

Do the regulations apply to me?

If you own or operate any of the following, you will require some form of authorisation from SEPA:

Inland water abstractions.
Coastal and transitional water abstractions.
Construction of, and abstraction from, wells and boreholes (including pumping tests).

The following activities are not regulated by SEPA.

Abstractions:

covered by general binding rules (GBRs) 2, 4, 15 and 17;
of water from the public water supply infrastructure;
as a result of land drainage works;
to enable work within a river, including the over pumping of water (this activity is covered under authorisation for the associated engineering works);
resulting from a diversion or from the operation of flood relief culverts (the construction of these structures is covered under the engineering section);
by vessels where the water is returned to the water environment directly from the vessel;
stored in off-line impoundments (see section 5 of the CAR Practical Guide for definition) and artificial storage ponds which receive their flow from an already authorised abstraction;
from artificial treatment systems, including Sustainable Urban Drainage Systems (SUDS) and quarry settlement lagoons;
for the purposes of fire-fighting;
that remove rainwater from construction site excavation or quarries of volcanic or metamorphic rocks (eg basalt, granite and schist). Note that if the dewatering of groundwater from such excavations does not comply with GBR15, the abstraction must be authorised by SEPA (see section 4.3 of the CAR Practical Guide).

Why does it have to be regulated?

Abstraction of water poses the following risks:

drying out of rivers and wetlands;
high variable flows of water below hydropower stations and water supply reservoirs, resulting in bare banks and potential stranding of fish;
changing water levels in reservoirs, leading to regular drying out of the shore line and preventing growth of plants and spawning fish;
death of fish from passing through turbines;
interference to the flow of sediment downstream of dams, which reduces the amount of gravel available (needed by fish to spawn);
interference with other users of the water environment (eg loss of dilution capacity and resulting deterioration of water quality, or loss of abstraction capacity).

Large abstractions, such as those for agricultural production and public water supplies, carry a higher risk of impact to the environment. Without regulation, these might lead to reduced flows of water, stranded fish and dried out wetlands.

It is vital that both the construction and operation of abstraction activities are properly regulated and monitored. Responsible management of water resources involves ensuring that river flows, loch and groundwater levels can sustain aquatic environments, while also allowing use of water for safe drinking, renewable energy and other agricultural and industrial purposes.

Levels of authorisation

There are three levels of authorisation:

General binding rule (GBR): Abstraction activities considered of low risk to the environment are covered by a GBR. You will not have to contact SEPA or incur any charges for this, though you will have to follow a set of rules.
Registration: Abstractions that pose a low individual risk, but may collectively give rise to impacts, will need a registration. For example, inland abstractions of between 10 and 50m³ per day and coastal & transitional water abstractions of 10m³ per day or more require an application to SEPA, for which there is a fee. You will not, however, incur an annual subsistence charge.
Licence: Abstractions that pose a moderate to high risk of impact will either a simple licence or – for activities that need a more complicated environmental assessment – a complex licence. A licence depends on the identification of a ‘responsible person’ who must ensure compliance with the conditions of the licence. In both cases, an application charge will apply, and the activity may also be subject to an annual subsistence charge.

What do I need to do?

(Please note: If at any point during the application process you have a query, contact your local SEPA office).

First refer to the relevant chapter in the CAR Practical Guide (540k) to see if your activity requires authorisation.
If your activity falls under a GBR you will not have to do anything, other than comply with the rules of the GBR. If you require a registration or a licence, however, you will need to apply.

- Application forms
Use the charging scheme guidance to determine the cost of the application and to find out whether a subsistence (annual) fee applies. Use the charge calculator to determine your fee, by filling in the details of your activity. (Please note that multiple activities are eligible for a reduced application fee, which the calculator determines.)

- Charging scheme guidance (256k)
Temporary exemptions to charges do apply to some abstraction activities, for details see below. There is also a full list of all activities that do not require a charge in Annex II of the charging scheme guidance.

- Information on temporary exemptions
Write down the charges in the application form and fill in all the other details. Then send it to your local SEPA office.

Changes to your authorisation

If your activity requires a registration or a licence, you may also expect to do the following over its duration:

Have your authorisation revoked: SEPA has powers to withdraw your authorisation if you fail to meet its conditions.
Vary it: If you want to change the conditions of your authorisation, you can apply for a variation.

For licence holders only:

Transfer it: You can partially or fully transfer your authorisation to another responsible person.
Surrender it: You will continue to pay subsistence charges for a licence, even if you are not carrying out an activity, until you notify SEPA. To cease paying, you have to surrender the licence by completing an application form.

Use the appropriate application form (where available) to carry out each of these actions.

Data Returns

Most abstraction licences require the operator to submit data returns. These detail the water abstracted (on a daily basis) for a year. This information is required enable SEPA to assess compliance with licence conditions, and to ensure that SEPA’s assessment of the impact of abstractions is accurate.

Data return form for irrigation (264k)