Farmer fined for taking water during drought

• Abstraction licence terms breached

• Offences took place over four-year period

• Magistrate imposes £4000 fine

Farmers are being reminded to abide by abstraction licences after a Norfolk grower was fined more than £4000 for taking too much water.

Brian Rutterford, 77, of Undley, Lakenheath, was ordered to pay £4300 on 15 January at Norwich Magistrates Court. It followed water abstraction offences over a four-year period involving a channel next to his farm in Hockwold-cum-Wilton.

The court heard that Mr Rutterford took three times the amount of water permitted by his abstraction licence. He continued to take water during the record-breaking hot summer of 2022, when the region was in drought.

Prosecution

The successful prosecution was brought by the Environment Agency. It said Mr Rutherford had a history of environmental offending and his actions affected water supplies for the local community.

Mr Rutterford held two water abstraction licences – one for summer and one for winter. His licences required him to keep abstraction records and maintain abstraction meters – but he failed to do so.

Mr Rutterford argued that he over-abstracted the water to address a leak in his lake that put his fish at risk. But prosecutor Mrs Sarah Dunne told the court that his activities had continued for four years including during a summer drought.

In addition, the water abstraction offences were committed while Mr Rutterford had received a suspended sentence for another separate environmental offence involving the operation of an unpermitted waste site at his farm.

Guilty plea

Mr Rutterford pleaded guilty to over-abstraction under both his licences between 2018 and 2022. The presiding magistrate said he had been “chaotic” and “incompetent” – and his previous offence was an aggravating feature.

The court ordered Mr Rutterford to pay a total of £4,300. This included a £2000 fine for his offences, £100 for breaching his suspended sentence, £2000 prosecution costs and a victim surcharge of £200.

Environment Agency water resources specialist Michelle Herron said: “Abstraction licenses are issued to ensure that there is enough water for everyone and that there is no harm to the environment.

“Water abstractors have a responsibility to conserve supplies, especially during droughts. Mr Rutterford clearly failed in fulfilling his responsibilities, so it is right that he pleaded guilty and be fined by the court.”

Drier summers will be ‘enormous challenge’

The Environment Agency says it will continue to carry out robust regulation and enforcement on those who break the rules.

Drier summers will be an enormous challenge over the next few decades, so building drought resilience is important, says the agency.  The licensing system protects water resources by controlling how much is abstracted, where and when.

Norfolk farmer Brian Rutterford had two water abstraction licences which allowed him to abstract water from the channel next to his Black Dyke Farm. Under his winter licence, he was permitted to abstract a limited amount of water to fill a lake at his farm.

Under the summer licence, Mr Rutterford was permitted to abstract a much smaller amount and only for the purpose of crop spraying.  Conditions on his licences required him to keep abstraction records and maintain abstraction meters.

Mr Rutterford pleaded guilty to over-abstraction under both licences between 2018 and 2022. He also pleaded guilty to failing to maintain abstraction records in accordance with his licences and failing to maintain and calibrate his abstraction meters.

Anyone taking 20m ³ of water or more daily is required to have an abstraction licence.

Where abstraction is damaging the environment, the agency also has the power to amend or revoke existing licences.