8. DEALING WITH "EXISTING" USES OF WATER

I - UNITED KINGDOM - Water Resources (Licences) Regulations, 1965

Model Form 4
This application must be submitted to the River Authority before 1st July 1965

Application for a Licence of Right Made under Section 33 in Reliance on a Statutory Provision

PART A - General

APPLICANT

1. Name of applicant (in BLOCK LETTERS).....................................................................
2. Address of applicant to which communications about this application are to be
sent...............................................................................................................................
3. Name and address of professional adviser or agent (if any) to whom
communications about this application are to be sent.........................................................

RELEVANT STATUTORY PROVISION

4. Identify (see note (a)) the statutory provision (see note (b)) in force on 1st April 1965 by virtue of which you claim to be entitled to abstract (see note (c)) water from the source of supply (see note (d)) to which this application relates....................

SOURCE OF SUPPLY TO WHICH APPLICATION RELATES

5.

(a) If you claim to be entitled to a licence of right to abstract water from an inland water (see note (e)), give the name of, or sufficient description to identify, that water.......................

(b) If you claim to be entitled to a licence of right to abstract water from underground strata (see note (f)), in Table I below:

(i) in column (1), enter the reference number, as shown on the map (see note (g)) accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water;

(ii) in column (2), give the description (e.g. Chalk, Lower Greensand, etc.), or such particulars as you are able to obtain for the purposes of this application, of the underground strata from which you propose the licence should authorise abstraction at each point referred to in column (1).

TABLE I

PART B - PROPOSALS AS TO MATTERS TO BE SPECIFIED IN THE LICENCE (see note (h))

POINTS AND MEANS OF ABSTRACTION AND METHODS OF MEASURING

6. In Table II below:

(a) in column (1), enter the reference number, as shown on the map accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water from the source of supply to which this application relates;

(b) in column (2), specify the work (if any) (e.g. well, borehole, catchpit, etc.) by means of which you propose the licence should authorise abstraction at each point referred to in column (1);

(c) if the source of supply to which this application relates is underground strata:

(i) specify in columns (3) and (4) the depth and diameter of each work specified in column (2); and

(ii) describe in column (5) how, if at all, the work is or will be lined.

TABLE II

7. Indicate which underground work (if any) specified in column (2) of Table II above is artesian, and describe how overflow and leakage will be prevented
......................................................................................................................................

8. Indicate which underground work (if any) specified in column (2) of Table II above includes headings or adits, and specify the point of communication, length, diameter and orientation of each heading or adit................................................
......................................................................................................................................

9. In Table III below:

(a) in column (1), enter the map reference number of each point of abstraction referred to in Table II;

(b) in column (2), specify the machinery or apparatus by means of which you propose the licence should authorise abstraction at each point referred to in column (1);

(c) in column (3), describe the way in which you propose the licence should require the quantities of water abstracted at each point referred to in column (1) to be measured or assessed.

TABLE III

QUANTITIES OF WATER AND LAND ON WHICH AND PURPOSES FOR WHICH IT IS TO BE USED

10. In Table IV below:

(a) in column (1), enter the map reference number of each point of abstraction referred to in Table II above;

(b) in the remaining columns, specify under the appropriate headings the quantities of water you propose the licence should authorise to be abstracted at each point referred to in column (1) in the various periods, and the land (see note (i)) on which, and the purposes (see note (j)) for which, you propose the licence should authorise water abstracted at each point to be used, showing which quantity relates to which period, purpose and land, etc. (see note (k)).

TABLE IV

PART C - MATTERS AFFECTING THE QUANTITIES OF WATER TO BE SPECIFIED IN THE LICENCE (SEE NOTE (l))

Note: Part C does not apply if the relevant statutory provision specifies or otherwise limits the quantity of water authorised to be abstracted.

QUANTITIES OF WATER ABSTRACTED IN RELEVANT PERIOD AND PERIODS OF ABSTRACTION.

11.

(a) On or about what date within the period of 5 years ending with 1st Ap_il 1965 did you begin to abstract water by virtue of the relevant statutory provision from the source of supply to which this application relates?..............................

(b) On or about what date within that period did your predecessors begin to abstract water by virtue of the relevant statutory provision from that source of supply?..............................

(c) In Table V below, in respect of each year referred to in column (1) during which you or your predecessors abstracted water by virtue of the relevant statutory provision from that source of supply:

(i) specify in column (2) the total quantity, and in columns (3) and (4) the maximum daily and hourly quantities, abstracted (otherwise than on special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply) in that year by virtue of the relevant statutory provision (see note (m));

(ii) if abstraction in that year was seasonal, specify in column (5) the period(s) during which water was abstracted;

(iii) if water was abstracted in that year on special occasions as aforesaid, specify in column (6) the total quantity, and in columns (7) and (8) the maximum daily and hourly quantities, so abstracted (see note (m)).

TABLE V

NOTE: Prefix any estimated quantity by the letter "E" (see note (n))

ABSTRACTIONS INTENDED ON SPECIAL OCCASIONS (see note (o))

12. If at any point of abstraction referred to in Table II above you intend to abstract water on special occasions when, by reason of accident or other emergency, there may be temporary deficiency of water from other sources of supply:

(a) in column (1) in Table VI below, enter the map reference number of that point;

(b) in columns (2), (3) and (4), specify the maximum annual, daily and hourly quantities you anticipate will be so abstracted at that point.

TABLE VI

WORKS ETC. PROVIDED IN ANTICIPATION OF FUTURE REQUIREMENTS

13. If you wish to claim that any work, machinery or apparatus authorised by the relevant statutory provision and specified in Table II or III above was provided by you or your predecessors in anticipation of future requirements, explain the extent to which it was so provided..............................
......................................................................................................................................
......................................................................................................................................

CAPACITY OF WORKS ETC. PROVIDED OR BEING PROVIDED, OR AUTHORISED

14. Give particulars of the works, machinery or apparatus falling within section 34(5) of the Act (see note (p)) and of the quantity of water you claim is capable of being abstracted by means of them..............................
......................................................................................................................................
......................................................................................................................................

PART D - OTHER MATTERS

15. State any other matters which you wish the River Authority to take into account in considering this application..............................
......................................................................................................................................
......................................................................................................................................

PART E - FORMAL APPLICATION

I hereby apply to the...................................... River Authority for a licence of right under the Water Resources Act 1963 to abstract water in accordance with the proposals indicated above, being a licence to which I claim to be entitled by virtue of section 33(1)(a) of the Act, and I declare that to the best of my knowledge the statements made above are true.

I enclose the map required by the Water Resources (Licences) Regulations 1965.

* (I also enclose (a true copy of) the licence under section 14 of the Water Act 1954) (a copy of the statutory provision) on which I rely.)

* (For the following reasons, I cannot enclose the licence (or a copy) under section 14 of the Water Act 1945 on which I rely:..............................

Accordingly, I enclose the following evidence of the grant of that licence and of its
terms:.........................................................................................................................
..................................................................................................................................)

I also enclose the following evidence, as required by the above-mentioned regulations of 1965, for the purpose of satisfying the River Authority as respects the matters referred to in Part C above..............................
...................................................................................................................................

(The name(s) and address(es) of my predecessor(s) who abstracted water during the relevant period (is) (are) as follows (see note (q))..............................
...................................................................................................................................
..................................................................................................................................)

Signed...........................................................
*(Authorised on behalf of..............................)
Date..............................................................

* Delete where inappropriate.

It is an offence to make a false statement in applying for a licence. (See section 115(1) of the Act.)

NOTES

(a) Give the appropriate references, e.g. date and serial number of licence under section 14 of the Water Act 1945, title of Act or Order and numbers of relevant sections or paragraphs, etc.

(b) For the meaning of "statutory provision", see section 135(1) of the Act.

(c) For the meaning of "abstract", see section 135(1) of the Act.

(d) For the meaning of "source of supply", see section 2 of the Act.

(e) For the meaning of "inland water", see section 135(1) of that Act. (Section 2 is also relevant.)

(f) For the meaning of "underground strata", see section 135(1) of the Act.

(g) The Water Resources (Licences) Regulations 1965 require the application to be accompanied by an ordnance map showing certain particulars.

(h) The provisions of the licence proposed in Part B of the form should correspond as nearly as may be to the provisions of the relevant statutory provision (and may be expressed by reference to that statutory provision) so far as those provisions relate to the subject-matter of the proposals. If the relevant statutory provision does not specify or otherwise limit the quantity of water authorised to be abstracted, the proposals as to quantities should be formulated having regard to the particulars given in Part C. (See section 34 of the Act.) If so desired, and if not inconsistent with the relevant statutory provision, map reference numbers may be bracketed together in column (1) of Table IV for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted.

(i) E.g. "the land coloured blue on the map".

(j) Purposes should be described as follows: water undertaking spray irrigation cooling purposes use in a process of manufacture (other than for cooling purposes) use as a means of conveying any material as a slurry or otherwise other uses (briefly described), e.g. agriculture or horticulture, other than spray irrigation.

(k) Water undertakers applying for a licence to abstract for the purposes of their water undertaking should enter "water undertaking" in column (6) but need not make any entries in column (7) of Table IV.

(l) Part C of the form relates to the matters which must be proved to the reasonable satisfaction of the River Authority if they are to be taken into account by the Authority in determining the quantities of water to be specified in the licence in a case where the relevant statutory provision does not specify or otherwise limit the quantity of water authorised to be abstracted. (See section 34 of the Act.)

(m) In specifying the quantities abstracted in Table V, no account should be taken of any water abstracted in contravention of section 14(5) of the Water Act 1945 (which restricts the abstraction of underground water in certain areas).

(n) n the absence of reliable evidence of the quantities in fact abstracted, estimated quantities should be specified in Table V. Any estimated quantity so specified must be prefixed by the letter "E" and the evidence tendered to the River Authority for the purpose of proving matters referred to in Part C (see note (l) above) should include a statement of how the estimate was made.

(o) If so desired, map reference numbers may be bracketed together in column (1) of Table VI for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted.

(p) The works, etc., in question are:

(a) works, machinery or apparatus which were constructed or installed before 1st April 1965, or were in the course of being constructed or installed on that day; and

(b) other works, machinery or apparatus the construction or installation of which was authorised by the relevant statutory provision, not being (in either case) works, machinery or apparatus provided or authorised to be provided for use only in the event of an accident or other emergency involving a total or partial failure of other works, machinery or apparatus.

(q) Delete this paragraph if there were no predecessors who abstracted in the relevant period.

Model Form 5
This application must be submitted to the River Authority before 1st July 1965

Application for a Licence of Right Made Under Section 33 in Reliance on Abstraction within the Period of 5 Years Ending with 1st April 1965

PART A - General

APPLICANT

1. Name of applicant (in BLOCK LETTERS)...........................................................
2. Address of applicant to which communications about this application are to be
sent.............................................................................................................................
3. Name and address of professional adviser or agent (if any) to whom
communications about this application are to be sent................................................

SOURCE OF SUPPLY TO WHICH APPLICATION RELATES (see note (a))

4.

(a) If you claim to be entitled to a licence of right to abstract (see note (b)) water from an inland water (see note (c)), give the name of, or sufficient description to identify, that water..............................

(b) If you claim to be entitled to a licence of right to abstract water from underground strata (see note (d)), in Table I below:

(i) in column (1), enter the reference number, as shown on the map (see note (e)) accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water;

(ii) in column (2), give the description (e.g. Chalk, Lower Greensand, etc.), or such particulars as you are able to obtain for the purposes of this application, of the underground strata from which you propose the licence should authorise abstraction at each point referred to in column.

TABLE I

PART B - PROPOSALS AS TO MATTERS TO BE SPECIFIED I THE LICENCE

POINTS AND MEANS OF ABSTRACTION AND METHODS OF MEASURING

5. In Table II below:

(a) in column (1), enter the reference number, as shown on the map accompanying this application, of each of the points at which you propose the licence should authorise the abstraction of water from the source of supply to which this application relates;

(b) in column (2), specify the work (if any) (e.g. well, borehole, catchpit, etc.) by means of which you propose the licence should authorise abstraction at each point referred to in column (1);

(c) if the source of supply to which this application relates is underground strata:

(i) specify in columns (3) and (4) the depth and diameter of each work specified in column (2); and
(ii) describe in column (5) how, if at all, the work is or will be lined.

TABLE II

6. Indicate which underground work (if any) specified in column (2) of Table II above is artesian, and describe how overflow and leakage will be prevented
...................................................................................................................................

7. Indicate which underground work (if any) specified in column (2) of Table II above includes headings or adits, and specify the point of communication, length, diameter and orientation of each heading or adit..............................
...................................................................................................................................

8. In Table III below:

(a) in column (1), enter the map reference number of each point of abstraction referred to in Table II;

(b) in column (2), specify the machinery or apparatus by means of which you propose the licence should authorise abstraction at each point referred to in column (1);

(c) in column (3), describe the way in which you propose the licence should require the quantities of water abstracted at each point referred to in column (1) to be measured or assessed.

TABLE III

QUANTITIES OF WATER AND LAND ON WHICH AND PURPOSES FOR WHICH IT IS TO BE USED (see note (f))

9. In Table IV below:

(a) in column (1), enter the map reference number of each point of abstraction referred to in Table II above;

(b) in the remaining columns, specify under the appropriate headings the quantities of water you propose the licence should authorise to be abstracted at each point referred to in column (1) in the various periods, and the land (see note (g)) on which, and the purposes (see note (h)) for which, you propose the licence should authorise water abstracted at each point to be used, showing which quantity relates to which period, purpose and land, etc. (see note (i)).

TABLE IV

PART C - MATTERS AFFECTING THE QUANTITIES OF WATER TO BE SPECIFIED IN THE LICENCE
(See note (j))

QUANTITIES OF WATER ABSTRACTED IN RELEVANT PERIOD, PERIODS OF ABSTRACTION AND LAND ON WHICH AND PURPOSES FOR WHICH IT WAS USED.

10.

(a) On or about what date within the period of 5 years ending with 1st Ap_il 1965 did you begin to abstract water by virtue of the relevant statutory provision from the source of supply to which this application relates?..............................
..................................................................................................................................)

(b) On or about what date within that period did your predecessors begin to abstract water by virtue of the relevant statutory provision from that source of supply?..............................

(c) In Table V below, in respect of each year referred to in column (1) during which you or your predecessor in title abstracted water from that source of supply:

(i) in column (2) specify the purposes (see note (h)) for which water abstracted in that year was used, excluding any purposes not specified in Table IV above (see note (k));

(ii) specify in column (3) the total quantity, and in columns (4) and (5) the maximum daily and hourly quantities, abstracted (otherwise than on special occasions when, by reason of accident or other emergency, there was a temporary deficiency of water from other sources of supply) in that year for use for each purpose specified in column (2) on the land specified in column (6) (see note (l));

(iii) in column (6) specify (by reference to the map accompanying this application) (see note (g)) the land on which water abstracted in that year for use for each purpose specified in column (2) was used, excluding any land not specified in Table IV above (see note (k));

(iv) if abstraction in that year was seasonal, specify in column (7) the period(s) during which water was abstracted;

(v) if water was abstracted in that year on special occasions as aforesaid, specify in column (8) the total quantity, and in columns (9) and (10) the maximum daily and hourly quantities, so abstracted (see note (l)).

TABLE V

NOTE: Prefix any estimated quantity by the letter "E" (see note (m))

SPRAY IRRIGATION (see note (n))

11.

(a) Was water abstracted by you or your predecessor in title from the source of supply to which this application relates before 31st July 1963 for the purpose of spray irrigation?..............................

(b) If the answer to (a) is "No", did you or your predecessor in title begin to construct a reservoir before 31st July 1963 for the storage of water to be abstracted from that source of supply and used for spray irrigation?..............................

(c) If the answer to (b) is "Yes", was that reservoir completed and brought into use for the purpose of spray irrigation before 1st April 1965?..............................

ABSTRACTIONS INTENDED ON SPECIAL OCCASIONS (see note (o))

12. If at any point of abstraction referred to in Table II above you intend to abstract water on special occasions when, by reason of accident or other emergency, there may be temporary deficiency of water from other sources of supply:

(a) in column (1) in Table VI below, enter the map reference number of that point;

(b) in columns (2), (3) and (4), specify the maximum annual, daily and hourly quantities you anticipate will be so abstracted at that point.

TABLE VI

WORKS ETC. PROVIDED IN ANTICIPATION OF FUTURE REQUIREMENTS

13. If you wish to claim that any work, machinery or apparatus authorised by the relevant statutory provision and specified in Table II or III above was provided by you or your predecessors in anticipation of future requirements, explain the extent to which it was so provided..............................
........................................................................................................................................
........................................................................................................................................

CAPACITY OF WORKS ETC. PROVIDED OR BEING PROVIDED, OR AUTHORISED

14. Give particulars of the works, machinery or apparatus falling within section 35(4) of the Act (see note (p)) and of the quantity of water you claim is capable of being abstracted by means of them..............................
........................................................................................................................................
........................................................................................................................................

PART D - OTHER MATTERS

15. State any other matters which you wish the River Authority to take into account in considering this application..............................
........................................................................................................................................
........................................................................................................................................

PART E - FORMAL APPLICATION

I hereby apply to the...................................... River Authority for a licence of right under the Water Resources Act 1963 to abstract water in accordance with the proposals indicated above, being a licence to which I claim to be entitled by virtue of section 33(1)(b) of the Act, and I declare that to the best of my knowledge the statements made above are true.

I enclose the map required by the Water Resources (Licences) Regulations 1965.

I also enclose the following evidence, as required by the above-mentioned Regulations of 1965, for the purpose of satisfying the River Authority as respects the matters referred to in Part C above:..............................

(The name and address of my predecessor in title who abstracted water during the
relevant period is as follows (see note (q))....................................................................
........................................................................................................................................
.......................................................................................................................................)

Signed............................................................
*(Authorised on behalf of..............................)
Date...............................................................

* Delete where inappropriate.

It is an offence to make a false statement in applying for a licence. (See section 115(1) of the Act.)

NOTES

(a) For the meaning of "source of supply", see section 2 of the Act.

(b) For the meaning of "abstract", see section 135(1) of the Act.

(c) For the meaning of "inland water", see section 135(1) of the Act. (Section 2 is also relevant.)

(d) For the meaning of "underground strata", see section 135(1) of the Act.

(e) The Water Resources (Licences) Regulations 1965 require the application to be accompanied by an ordnance map showing certain particulars.

(f) The proposals as to quantities should be formulated having regard to the particulars given in Part C of the form. (See section 35 of the Act.) If so desired, map reference numbers may be bracketed together in column (1) of Table IV for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted. The purposes specified in column (6) of Table IV and the land specified in column (7) should not include any purposes other than those for which, or any land other than land on which, water abstracted in the period of 5 years ending with 1st April 1965 was used. (See section 35(2) of the Act).

(g) E.g. "the land coloured blue on the map".

(h) Purposes should be described as follows:

water undertaking
spray irrigation
cooling purposes
use in a process of manufacture (other than for cooling purposes)
use as a means of conveying any material as a slurry or otherwise
other uses (briefly described), e.g. agriculture or horticulture, other than
spray irrigation.

(i) Water undertakers applying for a licence to abstract for the purposes of their water undertaking should enter "water undertaking" in column (6) but need not make any entries in column (7) of Table IV.

(j) Part C of the form relates to the matters which must be proved to the reasonable satisfaction of the River Authority if they are to be taken into account by the Authority in determining the quantities of water to be specified in the licence. (See section 35 of the Act.)

(k) Water undertakers who abstracted for the purposes of their water undertaking should enter "water undertaking" in column (2) but need not make any entries in column (6) of Table V.

(l) In specifying the quantities abstracted in Table V, no account should be taken of any water abstracted in contravention of section 14(5) of the Water Act 1945 (which restricts the abstraction of underground water in certain areas).

(m) In the absence of reliable evidence of the quantities in fact abstracted, estimated quantities should be specified in Table V. Any estimated quantity so specified must be prefixed by the letter "E" and the evidence tendered to the River Authority for the purpose of proving matters referred to in Part C (see note (j) above) should include a statement of how the estimate was made.

(n) The attention of applicants is drawn to section 35(5) of the Act under which, where the purposes specified in the licence as the purposes for which water abstracted is to be used consist of or include spray irrigation, subsection (2) of that section (which provides that the quantities specified in the licence as the quantities authorised to be abstracted shall be determined by reference to the quantities abstracted during the relevant period) is not to apply unless certain matters are proved to the reasonable satisfaction of the River Authority. In cases where the answer to question (a) in paragraph 11 of the form is "No" and the answer to question (b) or to question (c) is also "No", section 35(2) will thus not apply, but in such cases applicants are recommended to provide any information they can in Table V to enable the River Authority to assess the merits of the proposals in Part B of the form.

(o) If so desired, map reference numbers may be bracketed together in column (1) of Table VI for the purpose of specifying in column (2) an aggregate quantity in respect of a group of points of abstraction, and entries in columns (3) and (4) may be omitted.

(p) The works, etc., in question are works, machinery or apparatus which were constructed or installed before 1st April 1965, or were in the course of being constructed or installed on that day not being works, machinery or apparatus provided for use only in the event of an accident or other emergencies involving a total or partial failure of other works, machinery or apparatus.

(q) Delete this paragraph if there were no predecessors who abstracted in the relevant period.