what are abstraction
licences?
As a valuable resource,
water is an important commodity. Whilst currently there are sufficient
water resources to meet demand, these resources are not always in the
right place at the right time.
In England and Wales, the Environment
Agency (EA) is responsible for ensuring that water resources are managed
effectively. This role is principally fulfilled through a system of abstraction
licensing administered by the Environment Agency. As a requirement under
the Water Resources Act of 1991, almost everyone who wants to take water
from a surface (e.g. river, stream or canal) or underground source must
obtain a licence to do so from the Agency. In Scotland, there are no abstraction
licences in existence. The Scottish
Environment Protection Agency (SEPA) have recently called
for the introduction of a licencing system similar to that employed by
the EA.
An abstraction licence gives the holder a right to take water from the
stated source every year, until the licence expires or until the holder
wishes to give up that right by cancelling the licence. A licence guarantees
that no one else who would require a licence can lawfully take the share
of water allocated to the holder.
An abstraction licence will generally state:
- how much water can be taken;
- what the water can be used for;
- the land where the water can be used;
- the name and address of the licenced abstractor;
- the duration of the licence;
- the source of supply, e.g. name of underground strata or river
- the means of abstraction, e.g. borehole or river intake;
- conditions to protect other interests and the water environment;
- the means by which abstraction is measured and records kept.
Further restrictions
could be placed on licences depending on specific local conditions.
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can abstraction licences be traded?
According to the paper
recently published by the DETR - "Economic Investment in Relation
to Water Abstraction: A Consultation Paper" (April 2000), water licence
trading will be actively encouraged.
"...in principle,
abstraction licence trading should be promoted as an effective means of
achieveing the optimal distribution of water resources within and between
different sectors of use and thus contributing to sustainable development."
The paper also suggests
that brokering of licences would benefit the market.
"It may be that no
more than this is necessary to promote licence trading to the point where
a healthy market is established. However, there may be a case for a more
specific vehicle for promoting licence trading, such as some form of brokering
arrangement. The RPA research suggest quiet strongly that brokering will
be necessary, making the point that in any market, well-informed participation
require information on:
- What prices have
been bid, offered and transacted;
- What volumes have
been traded; and
- What buyers and
sellers are currently in the market place and on what terms they would
be likely to trade."
According to a recent
Ofwat occasional paper,
"Charging for Water Abstraction: The Customers' Interest in Encouraging
Competition", there has been trading of licences under the present
system ('around a dozen'). Numbers have been limited because in general
abstraction licences for ground water requires occupation of land, although
inland water may be licenced to someone with right of access. The paper
also states that the government is keen to limit the length of abstraction
licences to 15 years and make right of access to the point of abstraction
the only precondition for abstraction, not ownership of land. It is likely
that many owners of unused or part-used abstraction licences are unaware
of the trading options available to them.
According to this paper, trading of licences will enhance competition
in the water industry and should 'reduce tap prices, since access to supply
would be liberalised, and licences would presumably only be purchased
by those who thought they could do better than the existing suppliers
at the current prices.'
In other countries,
abstraction licences are already being traded. In Australia, USA and Chile,
for example, the abstraction licences and water rights have been traded
for some years in the form of permanent, temporary and capacity permits.
For further detailed information on abstraction licences, visit the Environment
Agency website.
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how to get an abstraction licence
There are approximately 50,000 licences for the impoundment and abstraction
of water at present. Over 10,000 hydrometric 'stations' exist to measure
various parameters, including surface water flow and groundwater levels.
To acquire an abstraction licence, the applicant must be the occupier
or prospective occupier of the land on which the abstraction point is
located. In some circumstances, a right of access may be adequate. The
first step towards obtaining a licence is to contact the licensing staff
at the Environment Agency, who can provide the necessary application forms.
Provided the correct information is provided, a decision on whether to
grant a licence and the conditions to which it may be subject is usually
made within 3 months. All applications will need to be advertised in the
local press and London Gazette before being submitted.
A new occupier on land for which there is an existing licence to abstract
water may continue to exercise that right by 'succeeding' to the licence.
The Environment Agency must be notified of this intent within 15 months
of taking occupation. If notice is not received in time, the licence is
expires.
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what are the charges for an abstraction licence?
A fixed application processing fee is charged for the Environment Agency's
work. In addition, most licence holders pay an annual charge based on
the amount of water licenced for extraction, the source of the water,
the time of the year the water is used and the purpose the water is used
for. The actual charges vary considerably, but typically range from £7
to £18 per megalitre abstracted per annum. The charge is for the licenced
volume not the actual extracted volume, so there is currently no incentive
to take less water than is allowed by the licence. The Environment Agency
regularly publishes the charging scheme, which is available on request
from the Agency. There are special charging rules for certain applications.

how can waterexchange
help?
According to Ofwat, the economic regulator for the water industry in England
and Wales, in recent years only 53% of the water volumes authorised for
abstraction are actually extracted. Many abstraction licences are unused
or partially used. waterexchange
will aim to help licence holders to maximise utilisation of their water
abstraction allowances. Existing holders of unused or partially used abstraction
licences could sell or rent/lease their abstraction allowances for a fee
by trading them on the waterexchange
trading floor. The owner of the abstraction licence would also have to
negotiate right of access to the abstraction point to allow the customer
to physically extract water.