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Trickle
Irrigation licensing: Implementation of the Water
Act 2003
At
some point in 2006, probably the second quarter, enabling legislation
relating to the 2003 Water Act will be introduced that will result in
trickle irrigation requiring an abstraction licence.
At the same time the Environment Agency are continuing with the CAMS
process. The CAMS process
requires the Agency to develop a ledger of all the abstractions in a
catchment. Because trickle
irrigation is not currently licensed the Agency has no formal record of
abstraction quantities and therefore cannot accurately incorporate this
legitimate use within the ledger. There
is a concern that if trickle irrigation forms a significant use in a
catchment and it is not accounted for in the ledger, then it will be
difficult to incorporate it in the future.
The formulation of the ledger takes place before formal public
consultation on CAMS and therefore trickle irrigators should be pro-active
in supplying information to their local CAMS team.
JDIH
are developing strategies with several key trickle irrigators to ensure
that their positions are well understood by the Agency and that their
needs are being taken into account within the CAMS process.
These strategies incorporate looking for alternative water supplies
where there is a possibility that the current source would not be licensed
or would have prohibitive conditions placed on the licence.
The
worst drought in the UK since 1976....
Drought
- but its always raining in the UK...?
The past 16 months have been dry with below average rainfall being
received during most months. As
a result groundwater levels, river flows and reservoir storage are lower
than average for the time of year, in certain parts of the country.
Figure 1 compares groundwater levels measured in February 2006 with long
term average levels for February, and highlights the problems being
experienced in the south.
Figure
1: Comparison of groundwater levels to long term average levels (Source: Environment
Agency)
As another measure, Figure 2 shows the river flows observed during
February 2006 in comparison to long term average flows, and again
highlights problems in the south, although more widely spread and reaching
into the Midlands
and Wales.
Figure
2: Comparison of river flows to long term average flows (Source: Environment
Agency)
The Environment Agency also state that average monthly river flows at
index sites in the Midlands, North East and North West Regions during
January 2006 were below those recorded in January 1976 which was the last
severe drought in the UK.
Considering both groundwater levels and river flows the situation is
currently worst in Kent and Sussex.
The severity of the situation is very area dependant.
In England the situation is worst in the south east
whereas in northern England the water resources are at normal levels.
Reservoir storage in southern England was exceptionally low, approximately 40%,
for the time of year during February at a time when storage is normally at
approximately 90%. In Wales no public water supply problems are
anticipated as reservoirs are full. The
overall reservoir storage for England and Wales was at 91% at the end of February,
although this figure hides large regional differences.
During the first week of March average rainfall was received in most
locations but groundwater levels and river flow generally remained lower
than average. As of 7th
March no reservoirs were any longer considered to be ‘exceptionally
low’, however Sutton and East Surrey Water applied for a drought permit
to help refill Bough Beech reservoir (10 miles north of Royal Tunbridge
Wells) and Southern Water applied for an extension to both of the drought
permits they are currently using.
The wrong sort of rain……
Water held in underground aquifers and in rivers all comes from rainfall.
For rainfall to get into rivers and aquifers it must fall as the
“right sort of rain”.
Generally in the UK winter rain falls steadily over prolonged
periods and summer rain falls in short intense storms.
Also, in the summer when trees, grass and crops are growing they
consume large amounts of water via transpiration before the water can
recharge aquifers. So in order
to get recharge to aquifers winter rain is required.
Water flowing slowly through aquifers provides a steady supply of water
to rivers in the summer (baseflow). Low
recharge winters therefore result in lower flows in the following summer.
Rain falling during the summer months is more likely to form surface
runoff and flow directly to rivers rather than infiltrate due to dry soils
(lower infiltration rate) and high evapotranspiration.
Summer storms are also often of high intensity and short duration
therefore further impeding infiltration to groundwater.
These types of storms are important for topping up reservoirs in
the summer. Prolonged, steady
winter rain is required to maintain flows in rivers in the winter and to
provide the bulk volumes needed to fill reservoirs.
Why does it matter?
Water has a natural cycle (Figure 3); from the sea to rain to rivers and
groundwater and back again. Abstraction
of water from rivers and underground aquifers affects each other.
Over abstraction from aquifers can reduce the flows in rivers.
This is particularly the case in the Chalk of the south and east
where such effects are seen quite quickly.
These effects are exacerbated by continuous and prolonged
abstraction.
Figure
3: The Water Cycle (Source: UK
Groundwater Forum)
It is possible to maintain a sustainable abstraction from aquifers and
keep river flows healthy, but some areas this would require a reduction in
borehole abstraction and the construction of large surface reservoirs.
Reduction of flow in rivers leads to poorer ecology, lower fish
populations and in severe cases total drying up.
There
are many ways that water companies and regulators are acting to conserve
water:
To
alleviate the problems there are two solutions, make it rain more
(particularly in the winter) or use less water.
It is obviously much easier to use less water!
Reducing water use is up to all of us as individuals, but the water
companies and the Environment Agency have sticks that can be used if
required.
*
Hosepipe
& sprinkler bans
From
8
August 2005,
3.4 million people had a restriction on water use.
Sutton and East Surrey Water put a ban on unattended
hosepipe and sprinkler use (which was upgraded to a full ban on 1st
March 2006)
and Southern Water and a number of other water companies in the South put
on a full hosepipe and sprinkler ban.
More
hosepipe bans are expected by other water companies in south east England
during April; for example Thames Water have announced this week that it
will be imposing a hosepipe ban upon its 8 million customers come April.
Water
companies can also restrict water supply to industry, although this is
generally seen as a last resort.
*
Drought
Plans
Drought
Plans are now a statutory requirement for water companies under section
39B of the Water Industry Act 1991 and the Water Act 2003.
Drought Plans aim to ensure water companies can supply wholesome
water to the public during drought conditions. All
water companies are producing drought plans.
*
Drought
Orders
The
Environment Agency can impose restrictions in the uses of water and/or
which restricts or stops abstraction in times of exceptional shortage of
rainfall, with the authority of the Secretary of State. So
called drought orders are usually used to prevent private abstractors from
abstracting, and have in the past been imposed on farmers and golf courses
to stop irrigation.
*
Section
57 Restrictions (Spray Irrigation)
Under Section
57 of the Water Resources Act 1991, in the case of an “exceptional
shortage of rain” the Environment Agency has the power to impose a
temporary reduction the quantity authorised in a licence for abstraction
for the purpose of spray irrigation.
Restrictions on
abstractions from surface waters are likely to be commonplace during a
drought, however restrictions cannot be imposed on groundwater
abstractions unless an abstraction is thought by the Environment Agency to
be having an effect on the flow, level or volume of an inland water.
The Act
requires restrictions to be imposed evenly (based on a percentage
reduction in licensed volume) on all abstractors from a certain system.
There are a
number of situations where a water usage is not classed as spray
irrigation:
o
Combination with substances to protect
plants against pests, disease and weeds, or quality additives / growth
regulators / nutrients / manure or dung, provided the apparatus is
moveable
o
Irrigation is carried out undercover
where the plants have no access to water falling as rain
o
Irrigation of plants grown in pots /
containers in the open where they are unable to take moisture from the
soil
o
Irrigation of land in the immediate
vicinity of cloches for the purpose of securing a supply of moisture to
the plants growing within.
These powers
therefore principally affect agricultural and horticultural spray
irrigators, as well as golf courses, race courses and other sports
irrigators.
It is our
belief that the Agency will seek to restrict spray irrigation abstraction
in line with stated CAMS policy. People
with new or modern licences will have “Hands-Off Flow” conditions that
will prevent abstraction. We
think that the Agency will apply the same Hands-Off Flow conditions on
older, unrestricted licences via Section 57
In general
however, the Agency will seek to gain voluntary reductions rather than
impose reductions.
*
Drought
Permits
Drought
Permits, which are issued by the Environment Agency, allow a water company
to abstract water outside of the normal terms of an Abstraction Licence.
These would be issued for example to allow abstraction from river
even if flows were below the normal threshold at which abstraction would
stop, where no other supply options were available.
*
Metering
Folkestone
and Dover Water were this month given the power by the Government to
install compulsory metering in the homes it serves, and other firms are
considering similar applications. The
principal behind metering is that less water will be used if people can
see how much they are using and see the cost benefits of reducing their
usage.
Protecting
Your Own Supply:
If
you have an independent water supply, there is little chance of it being
directly affected, unless it is for spray irrigation.
Spray irrigators in hard pressed areas should contact their local
Environment Agency office to check whether restrictions will placed on
them via drought order this summer.
Water
resources for irrigation can be made more secure by developing reservoir
storage and pumping more from groundwater or rivers in the winter and
during periods of high flow in the summer.
It may also be possible to demonstrate that summer groundwater
abstraction does not effect local rivers and streams and therefore should
be allowed to continue.
Development
of independent water supplies up to 20m3/day, sufficient for
most domestic settings and some small commercial settings, can take place
without regulatory control.
JDIH
has extensive experience in the development and management of independent
water supplies; and liaison / negotiation with the Environment Agency.
Contact can be made using the contact details at the bottom of the page,
or via the contact
page.
Agricultural
Waste Regulations
Currently
agricultural waste is exempt from the waste management licensing system
meaning that farmers can dispose of their farm waste on site through
burning or burial in
‘farm dumps’.
Through the Waste
Management (England and Wales) Regulations 2005 (Agricultural waste
regulations consultation), DEFRA aims to remove the agricultural waste
exemption bringing the disposal into line with the
regulations detailed in the EU Waste Framework Directive and the Landfill
Directive.
These
regulations mean the uncontrolled burning of waste (excluding wood and
plant matter which will be permitted through an exemption) and the burial
of waste will no longer be permitted.
Any farmer using a farm dump on or after the date of enforcement
will be subject to the closure and after care requirements detailed in the
Landfill Directive - and the significant costs that this would involve.
The application of manure and slurry to agricultural land will be
considered exempt. However,
where it is applied excessively (beyond good agricultural practice) the
farmer could be found guilty of disposing of a controlled waste.
The disposal of sheep dip to the land will still require an EA
groundwater discharge authorisation (Groundwater Regulations 2000).
There
will be a 12 month transitional period to allow farmers time to adjust and
apply for the relevant permits/licences as well as register any
exemptions.
Upon
implementation of the regulations Farmers will have 5 options; these are
listed in the Waste
Framework Directive (Landfill Directive) Waste Management Regulations 2005
consultation paper and are summarised below:
1
Storage of waste at
the site it was produced for up to 12 months before disposal or recovery
under one of the options below (there will be no charge made for the
storage of waste).
2
Transport of waste by the farmer for
recovery or disposal off-farm to a licensed landfill site/recovery
facility (will not require the farmer to register as a waste carrier,
however, if a farmer wishes to carry waste as a business activity they
will need to register as a waste carrier).
3
Transfer
waste to suitable waste management company
for transport to a
licensed landfill site/recovery facility.
4
Register
a licence exemption with the Environment Agency to
allow disposal of the waste on site or its transportation
from one farm for use/recovery at another.
5
Apply
for a waste management licence or a landfill permit
from the Environment Agency to recover or dispose of waste on-farm (however,
application process is costly and high running costs are likely to
continue for the life of the ‘landfill site’).
The
current implementation schedule indicates the regulations will come into
force during December 2005.
JDIH
can offer comprehensive advise and help on the potential impact of the
enabling regulations on your business as well as facilitating liaison with
the Environment Agency.
If you
would like further information or would like to talk about the issues
discussed above please feel free to call us using the contact details
below, or via the contact
page.
Drought:
Summer 2005
The Environment Agency (the Agency) website states that Southern
England has had its driest winter, spring and start to the summer since
1976, with only two-thirds of average rainfall being received. This has
lead to hosepipe bans in Southern region in order to safeguard public
water supplies into the autumn and help avoid more serious water shortages
next year. The situation is less severe in other regions but still
requires the prudent use of available water supplies.
July saw above average
rainfall for the month in most regions but soil moisture deficits,
reservoir levels, river flows and groundwater levels continued to fall
following a typical seasonal trend. At the end of the month groundwater
levels and river flows were generally lower than the long term average for
July.
Early August saw monthly
rainfall totals below the long term average for the month and reservoir
stocks fell to 57% in Southern region. Rainfall received over the last
week provided a welcome input to the system but it will not help to
replenish supplies, this job will be left to the rainfall received over
the coming autumn and winter months.
The low rainfall has resulted
in low crop yields for some farmers and caused some abstraction licence conditions
to prevent irrigation. Although rain over the last week has increased
river flows, for many (especially those on the River Wye) it has not been
enough to lift abstraction licence condition restrictions. No
formal irrigation restrictions have been implemented or are expected now
this year.
Drought permit applications
are expected in September or October to allow water companies in the south
to refill reservoirs in the autumn.
Will
there be a drought
in summer 2005?
We’ve
all been hearing on the news recently about the dangers of a drought in
the
UK
this summer, so what is the current situation?
Winter
2004 – 2005 saw continual below average rainfall between November and
March. This reduced rainfall
is likely to cause reduced groundwater levels and river flows throughout
the subsequent months as winter rainfall forms the majority of groundwater
recharge. Rainfall received
during the spring and summer months is less ‘effective’ at
replenishing groundwater stocks as much is lost via evapotranspiration.
April
2005 was the first month to see above average rainfall and this resulted
in increased river flows and groundwater levels at a number of the
Environment Agency monitoring sites; however soil moisture deficits did
tend to increase throughout the month.
Figure 5.2 below taken from the Environment Agency website
demonstrates that groundwater levels were below long term average during
April.
May 2005
began with combined reservoir stocks in England
and
Wales
at 94% of capacity; 2% lower than at the same time in 2004.
EA state on their website: “After
our dry winter, water levels in reservoirs, rivers and underground
aquifers are below average. There is no immediate risk to public water
supplies, but prolonged dry weather could lead to more serious shortages
next summer”. Based on
recent low rainfall trends JDIH believe that the Agency is referring to
the summer of 2005 when they talk about the possibility of serious water
shortages. Action is therefore
needed now. Care should be
taken to make efficient use of water supplies and reduce wastage.
For tips on how to do this in the home, garden, at work and in
industry please visit the Environment Agency website via the links page.
If you
would like further information or would like to talk about the issues
discussed above please feel free to call us using the contact details
below, or via the contact
page.
Networking
Event summary
Following
the success of the first event held by Envireau a second event was held on
5th May 2005
, hosted jointly by JDIH (Water & Environment) Ltd
[JDIH] and Land Research Associates [LRA] and supported by the
Environmental Industries Forum [EIF].
In
total 25 people from approximately 18 different companies within the
environment sector as well as potential clients attended, with the
continued emphasis on keeping the event informal whilst allowing everybody
to meet. The evening was a great success and it is hoped that such events
will become a regular occurrence within the
East Midlands
, perhaps on a quarterly basis.
The
next event is scheduled for early 2006 due to the EIF showcase later this
year and it is hoped that another company/consultancy within the
East Midlands
will provide the venue.
If
you require any additional information or are interested in hosting the
next event please contact Kay Gilby [EIF] on 0115 848 4844.
Water
Act 2003 and quarries: a briefing note
Water
abstraction for the dewatering of quarries has long been exempt from
licensing control (currently under Sections 29/30 of the Water Resources
Act 1991). The Water Act 2003
brings quarry dewatering under the tighter control of a licensing system
and it is likely that a greater degree of knowledge about the potential
impact of the abstraction of regional groundwater will need to be known
before the Environment Agency would consider the issuing of a licence.
JDIH has produced a briefing note summarising the key issues facing
quarrying companies which carry out dewatering, with respect to the Water
Act 2003.
The
briefing note can be viewed online or downloaded from here
(pdf, 42kb).
(Note: Acrobat reader will be required to
view the file, download it from here).
Deregulation
of deminimis abstraction licences
As from
1st April 2005
all abstractions under 20m3/day fall outside regulatory control
in
England
and
Wales
. This means that boreholes
can be drilled without consent or licensing if the supply is less than
this threshold. This applies
to areas where abstraction licences would not normally be given.
However,
the legislation that has changed the deminimis amount (Water Act 2003)
also places increased liabilities on the abstractor.
This includes liability for damages to the natural environment,
other abstractors and structures that may be affected by the unlicensed
abstraction. JDIH recommends
that a simple vulnerable sources survey be undertaken in sensitive areas
prior to the construction of an unlicensed abstraction.
Generally
speaking it will not be permitted for one property to have more than one
source abstracting less than 20m3/day where the total cumulative
abstraction exceeds this threshold. It
is also not possible to abstract the exempt amount on top of an existing
licence. There are a few
special situations that the above controls may not apply to.
For more
information and details of when more than one exempt source may be
permitted on one property please contact us via the contact
page.
If you
would like further information or would like to talk about the issues
discussed above please feel free to call us using the contact details
below, or via the contact
page.
WaterAid
fundraising
Tamsin Morey,
Chris Barbour
and
Patrick Lamphee
of
JDIH completed the Wilmslow Half Marathon on
20th March 2005
raising approximately £1000 for WaterAid.
All novice runners, they began training in mid January after
deciding to run for the charity which JDIH has supported in the past.
The race was difficult, especially since none of them had run
anywhere near 13 miles in the past but the training paid off, and all
three JDIH staff completed the race with Chris finishing in 2 hrs 6 mins
followed by Tamsin in 2 hrs 33 mins and finally Patrick in 2 hrs 36 mins.
The runners enjoyed the day and a well deserved beer after the
race! All three are determined
to continue running and hope to complete the Nottingham Half Marathon
later in the year.
Review of 2004 water
resources situation
2004 saw an
exceptionally wet summer season with 111% and 200% of long term average
monthly rainfall being received during July and August respectively.
November and December then saw below average (~65%) monthly
rainfall totals however groundwater levels at the majority of the
Environment Agency monitoring sites either continued to rise or remained
constant. The New Year began
with the reservoirs of
England
&
Wales
being approximately 89% full.
Water Act 2003 and your business........
The Water Resources Act
1991 controls the abstraction and impounding of water in
England
and
Wales. In November 2003 the Water Act received Royal Assent, heralding a major
step forwarded in the sustainable management of water resources in
England
and
Wales. This Act introduces significant changes to the current legislation and
will be phased in over the next few years.
The first changes will be introduced in April of this year and
these essentially cover the de-regulation of certain abstractions and the
way in which the abstraction licence application process works.
From
1 April 2005
all abstractions, irrespective of use, of less than 20m3/day
will no longer require an abstraction licence.
If you currently have an abstraction licence for less than this
amount, then you will have or will shortly receive notice from the
Environment Agency about the deregulation.
If you are planning to construct a borehole before the
1 April 2005
, then you should contact your local Environment Agency office about how
they want to handle the consent to drill before 1 April.
Although there is
deregulation of licensing, the Act introduces a liability on all
abstractors, whether licensed or not, in respect of damage to third
parties and the environment.
Previously
a licensee was protected from this liability by virtue of the licensing
system. We therefore recommend
that any new borehole is checked to ensure that liabilities are protected
against. Problems that might
arise are cross contamination of aquifers by drilling through contaminated
ground; impact on ponds, wetlands and streams by abstraction; or even
damage to adjacent buildings due to settlement induced by water table
drawdown.
JDIH are in regular
contact with the Environment Agency regarding these new licensing
arrangements and will keep this website updated as new information becomes
available. Later updates will
include information on trickle irrigation and quarry dewatering controls.
If you would like
further information or would like to talk about the issues discussed above
please feel free to call us using the contact details below, or via the contact
page.
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