Following a successful prosecution by the Environment Agency, a Norfolk farmer with a history of environmental offending has been fined for taking and using more water than permitted, including during a summer drought.
Brian Rutterford, 77, of Undley, Lakenheath, was fined on 15 January at Norwich Magistrates Court for water abstraction offences and ordered to pay £4,300. Over four years, Rutterford took three times the amount of water he was licenced to take, from a small channel next to his farm in Hockwold-cum-Wilton.
The farmer continued to take water during the record-breaking hot summer of 2022, when East Anglia was officially in drought and many local water courses were dry. Rutterford’s actions impacted water supplies for the local community.
Brian 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, which he failed to do. Rutterford pleaded guilty to offences of over-abstraction under both licences between 2018 and 2022.
Environment Agency prosecutor Mrs Sarah Dunne told the court that, although Rutterford explained that he over-abstracted to address a leak in his lake that put his fish at risk, his activities had continued for a four-year period including during a summer drought. In addition, these water abstraction offences were committed during his suspended sentence for another environmental offence for operating an unpermitted waste site at his farm.
The presiding magistrate told Rutterford that he had been ‘chaotic’ and ‘incompetent’, and that his previous environmental offence was an aggravating feature. He was ordered to pay a total of £4,300, which included a £2,000 fine for his offences, £100 for breaching his suspended sentence, £2,000 prosecution costs and a victim surcharge of £200.
Michelle Herron, East Anglia Operational Water Resources Specialist, said
Water is a scarce resource. 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.
The Environment Agency protects communities from harm by carrying 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 resilience to drought is important. To protect water resources, the Environment Agency controls how much, where and when water is abstracted through the licensing system.
Background information
Case details
- Rutterford held 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 his summer licence, he 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.
- Rutterford pleaded guilty to offences of over-abstraction under both licences between 2018 and 2022; for failing to maintain abstraction records in accordance with his licences and failing to maintain and calibrate his abstraction meters.
- Rutterford appeared at Kings Lynn Magistrates’ Court in 2019 for operating an unpermitted waste site at Black Dyke Farm. He had been given a suspended sentence of imprisonment. Rutterford’s water abstraction offences were committed during the currency of that suspended sentence.
Charges
- Between 30th October 2018 and 1st November 2022, Brian Rutterford did abstract water otherwise than in accordance with the provisions of Abstraction Licence No 6/33/56/*S/0258 by exceeding permitted volumes contrary to s24(1) and (4) Water Resources Act 1991.
- Between 30th March 2017 and 1st November 2022, Brian Rutterford did abstract water otherwise than in accordance with the provisions of Abstraction Licence AN.033.0056.014 by exceeding permitted volumes contrary to s24(1) and (4) Water Resources Act 1991.
- Between 30th October 2018 and 1 st November 2022, Brian Rutterford did fail to comply with condition 9 of Abstraction Licence No 6/33/56/*S/0258 in that he failed to take, record and retain daily water abstraction records contrary to s24(4)(b) Water Resources Act 1991.
- Between 30th October 2018 and 1 st November 2022, Brian Rutterford did fail to comply with condition 8 of Abstraction Licence No 6/33/56/*S/0258 in that he failed to carry out regular maintenance and calibration of water abstraction meter, 05052121, contrary to s24(4)(b) Water Resources Act 1991.
Water abstraction licences
- The Environment Agency controls how much, where and when water is abstracted through our licensing system. Anyone taking 20m3 of water per day or over is required to have an abstraction licence.
- Abstraction licences have conditions on them to ensure the environment and the rights of other abstractors are protected.
- Our powers and duties enable us to regulate the use of water under existing licences and to decide whether to grant new ones. Where abstraction is damaging the environment, we also have the power to amend or revoke existing licences.
