Water Regulation

The river Wye is known as a ‘regulated river’ and during periods of prolonged dry weather, suffers from low flows which can have serious consequences for wildlife, and limit the ability of abstractors, such as water companies and farmers to take the water they need. The Environment Agency (EA) and National Resource Wales (NRW) play an important role in reducing the impact of prolonged dry weather by working closely with water companies and other abstractors to maintain supplies whilst safeguarding the environment.

At times of low flows additional water is released from the Elan Valley reservoirs in Wales to support public water supply in the lower reaches of the Wye. Reservoir releases are managed under the Wye Regulation Scheme, under an agreement between Dwr Cymru Welsh Water(External link) (DCWW), NRW and the EA.

Image: Dam Wall at Elan Valley reservoir

Water abstraction

Water abstraction relates to the process of withdrawing water from a river or ground for various reasons, such as drinking water, agriculture and industry. An abstraction license is required to abstract water from a surface or underground source (such as river, stream or canal), if more than 20 cubic meters (approximately 4,400 gallons) a day is required.

Water companies abstract water from rivers to supply households, business and industries, and treat it to meet safety standards for use. Landowners and farmers abstract water to use for irrigation purposes, such as watering crops and supply to livestock.

It is important to regulate abstractions, as over abstraction can harm habitats, wildlife, and dependant food chains.

The EA check compliance against water abstraction licenses, carrying out routine inspections to assess compliance in a risk based and targeted way, however it is the licence holder's responsibility to ensure they comply with the conditions of their licence. Many abstraction licences have “hands-off flow conditions” (HoFs) that require abstractors to stop abstracting when the river is below a defined flow to protect the water dependant environment.

Changes to abstraction regulations

Since 2001, in view of changing pressures on water resources, all new licences and variations (other than downward variations or minor variations having no environmental impact) have a time limit imposed. This allows for the periodic review of these licences and allows changes to be made to licence conditions where circumstances have changed since the licence was granted.

From 1 January 2018 the Water Resources (Transitional Provisions) Regulations 2017(External link) removed most exemptions from abstraction licensing control. This means that most previously exempt abstractors, abstracting more than 20 cubic metres per day, were required to apply for an abstraction licence (New Authorisation), to continue to lawfully abstract water. These applications were determined by December 2022.

The regulation of abstraction and impounding licensing is moving into Environmental Permitting.(External link) and will come into effect on 1 January 2028, and will enable the EA to:

• Vary or revoke abstraction licences without being liable to pay compensation to the licence holder, if the Secretary of State is satisfied the revocation or variation is necessary to protect the water environment from damage, and/or;
• Vary abstraction licences without being liable to pay compensation to the licence holder if the licence holder is abstracting at least 25% less water than their licensed volume for each year over a 12-year period

Image: Water abstraction inspection (not in the Wye)

Wye abstraction licensing strategy

The Wye Abstraction Licensing Strategy sets out our licensing principles and provides information on water availability for further abstraction and how we will manage existing abstraction licences.

This is a cross border catchment spanning both England and Wales and the EA and NRW are committed to working together to jointly manage water resources in the Wye catchment.

Find out more here about the Wye Abstraction Licensing Strategy(External link)

You can find out more information at the links below:

Water industry - GOV.UK (www.gov.uk)(External link)(External link)

Managing water abstraction - GOV.UK (www.gov.uk)(External link)

Preservation, compliance, and registration: three keys to managing our precious water resources - Defra digital, data and technology (blog.gov.uk)(External link)

Water company regulation

Dwr Cymru Welsh Water (DCWW) is responsible for providing water and sewerage services in Wales and parts of England. DCWW abstract from the Wye and are permitted to discharge treated effluent into the river. They play an influential role in managing water resources and quality of water returned to the environment.

Severn Trent are also permitted to abstract water at Lydbrook on the Wye to supply water to Gloucester, however they are not permitted to discharge into the Wye like DCWW.

DCWW is regulated by NRW where they operate in Wales and regulated by the EA where they operate in England.

Ofwat, The Water Services Regulation Authority plays a vital role in regulating water companies in England and Wales, overseeing their pricing, investment plans and performance to ensure the delivery of safe, affordable and sustainable water and wastewater services to consumers, while protecting the environment.

Water companies must produce asset management plans (AMP) that are submitted to Ofwat. These are comprehensive strategies and frameworks developed to effectively manage and maintain their assets. The primary goal of the plan is to optimise performance, longevity, and the reliability of infrastructure, while ensuring cost-effectiveness and regulatory compliance. These plans are submitted to Ofwat for a set period. The latest AMP submitted to Ofwat is for 2020-2025.

Revised Draft Water Resources Management Plan 2024 | Dŵr Cymru Welsh Water (dwrcymru.com)(External link)

Combined storm overflows

Much of the UK has a combined sewerage system, where both rainwater and wastewater are carried by the same pipes to a sewage treatment works. This system was laid in the Victorian times because of the growth in population and the need for sanitisation.

As towns and cities grew, more properties were connected, and these combined sewers could no longer cope with the amount of rainfall collected, and because of this combined storm overflows (CSOs) were developed.

CSO’s are a critical part of water companies' wastewater infrastructure and release these excess flows into the rivers and sea during rainfall events. Without these there is risk of sewage backing up and flooding peoples’ homes, roads and open spaces.

Unfortunately, issues such as climate change and increasing frequency of heavy rainfall means storm overflow operations can become more frequent. They have gained negative attention due to potential impacts to water quality and wildlife, public health concerns, and growing awareness of the need for more sustainable solutions to address rainwater water entering our networks.

We understand that the system is not ideal, and because of this new housing developments are designed to carry rainwater and waste via separate pipes.

It is important for water companies to continue investing in their infrastructure, to take account of climate change, and regulatory reform that brings increasing numbers of CSO's under regulation.

Image: Combined Sewage Overflow Chamber (without screens)

Storm tank overflows

Sewage treatment works served by combined sewers also have storm tank overflows which are used in times of heavy rainfall when the flow at the treatment works meets its treatment capacity. Excess flows discharge into a series of tanks, which can then be discharged into a river in prolonged rainfall events. The stored water in the tanks is returned to the normal flow of the treatment works when the rainfall has stopped.

In 2020, Defra, the EA and Ofwat led a review of the Water Industry National Environment Programme (WINEP) to achieve greater environmental benefits for every pound invested by water companies. We have been working with DCWW on the WINEP and they have already completed measures to improve flow monitoring of storm and treated effluent and made improvements at of their sewage treatment works. Future schemes include improvements to a further 6 sewage treatment works, which include stricter phosphate permit limits on discharges, improvements to storm tank storage and measures to improve flow monitoring.

Find out more about the Water Industry National Environment Programme (WINEP)(External link)

Event Duration Monitoring (EDM)

EDM helps us monitor sewage treatment works, ensuring they are complying with their Permitted discharge limits. This data is collected via monitors that are connected to combined sewer overflows. This data will provide an accurate picture of how water companies are using their storm overflows, allowing us to identify where improvements can be made, take enforcement action where necessary, and improve water quality.

The EA required water companies to install monitors on all storm overflows and storm tanks in England, which has now been completed, and will allow us to have a complete picture of permitted CSO’s in England on all storm overflows and storm tanks in England, which will allow us to have a complete picture of permitted CSO’s in England. The year 2020 was the first year that we collected EDM data related to the performance of storm overflows. Data for 2021/2022 will be reviewed in 2023 and going forward we will use data this data to assess compliance with sewage treatment works discharge permits.

You can find out more information at the links below:

Water companies: environmental permits for storm overflows and emergency overflows - GOV.UK (www.gov.uk)(External link)

Event duration monitoring – lifting the lid on storm overflows - Creating a better place (blog.gov.uk)(External link)

Event Duration Monitoring - Storm Overflows - Annual Returns - data.gov.uk(External link)