Last edited 09 Nov 2021

Water derogation

In its widest sense, the word ‘derogation’ refers to an exemption from, or relaxation of, a rule or law. When the term derogation is applied to the subject of water management, it is defined as “The abstraction of water that prevents a person entitled to a protected right from abstracting water to the extent authorised on their licence.”

Ref Using science to create a better place: Hydrogeological impact appraisal for rewarding abstractions (also referred to as Science Report – SC040020/SR1), published by the Environment Agency in 2007 and written by R Boak, L Bellis, R Low, R Mitchell, P Hayes, P McKelvey and S Neale.

Additional guidance on water derogation in England and Wales is available from Ofwat, which defines a derogation as “a direction from Ofwat which relieves a licensee or appointee from compliance with certain of its obligations to comply with the Wholesale Retail Code (WRC) either as a result of it entering into Wholesale Contracts or as a result of the operation of the Stapling Condition. The power to grant derogations from compliance with these specific obligations will be introduced when the WRC is issued by the Authority.”

Ref https://www.ofwat.gov.uk/regulated-companies/company-obligations/derogations/

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