united-kingdom water
Can you steal the height of water?
<p>I have a plot of land very close to a spillway that has no hydroelectric attached to it and I'm considering discreetly attaching my own hydroelectric to it.</p>
<p>I understand that the piping work will be an act of vandalism and the working will be trespassing but I was wondering if there is a further law regarding the redirection of the water.</p>
<p>If I don't increase the flow from what would have been going over the spillway (although I would be reducing the amount going over the spillway) and the water is returned to the stream after energy extraction, are there any other regulations, beyond those broken for the sake of construction, that I would be in breach of?</p>
<p>I don't believe the project would count as abstraction of water because I'm not taking it.</p>
<p>It could be in breach of impoundment but I'm not really changing the flow.</p>

<p>I think you are very likely wrong in believing that if you return the water further downstream it doesn't count as illegal abstraction. Government guidance says:</p>
<blockquote>
<p>If you want to build a new hydropower scheme, you need to apply to the
Environment Agency for:</p>
<ul>
<li>an abstraction licence - if you divert or take water from a river or
watercourse</li>
</ul>
</blockquote>
<p>Admittedly, guidance isn't law. However, your position is quite close to arguing that taking and borrowing are two different things, and I wouldn't want to try to argue it.</p>
