The Environment Agency (EA) has issued guidance on abstraction outside the authorised period for filling water storage reservoirs.
The Agency has set out the regulatory position on when abstraction licence holders can abstract water outside the authorised period for the purpose of filling existing water storage reservoirs.
The EA regulatory position statement (RPS) does not change the legal requirement to have and comply with an abstraction licence where one is required when the holder either:
- abstracts water from any source of supply
- causes or permits any other person to abstract any water
However, the Environment Agency says it will not normally take enforcement action if holders do not comply with the legal requirement if they meet the requirements in the RPS provided that:
- the activity meets the descriptions set out in the RPS
- the licence holder comply with the conditions set out in the RPS
- the activity does not cause (and is not likely to cause) harm to the environment or harm to human health
The RPS applies to abstraction licence holders from 1 October to 31 October 2026 inclusive - it does not apply to any other legal requirements.
Licence holders must comply with a number of specific conditions, including:
They must:
- have an abstraction licence that authorises filling a water storage reservoir for subsequent use in spray irrigation or trickle irrigation
- only abstract water for the purpose of filling a water storage reservoir
- only abstract water from the 1 October to the 31 October 2026 inclusive
- comply with any stated abstraction rate in your licence
- comply with all other conditions of your licence, including the point of abstraction and fish or eel intake screening
- record the volume of water abstracted each day when abstraction is taking place
- keep the records for a period of 6 years and make them available to the Environment Agency upon request
- notify the Environment Agency about the intended abstraction using the RPS before starting to abstract
Click here to access the RPS
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