The Environment Agency (EA) regulates water abstraction in England under the Water Resources Act 1991 and associated regulations, including the Water Abstraction and Impounding (Exemptions) Regulations 2017.
Any abstraction of more than 20 cubic metres (20,000 litres) per day from surface or groundwater sources generally requires a licence, unless a statutory exemption applies.
When considering an application for a water abstraction licence for private use (such as irrigation or filling a lake), the EA applies a structured assessment process.
It is necessary to understand the principal criteria to ensure that you are adequately fulfilling all of your responsibilities.
Water availability and catchment status
The EA assesses the water availability in the relevant catchment using the Catchment Abstraction Management Strategy (CAMS) and Abstraction Licensing Strategies (ALS).
If the catchment is already over-abstracted or at risk of environmental damage, new licences are unlikely to be granted.
The Environmental Flow Indicator (EFI) is used to ensure that abstraction will not cause flows to fall below levels needed to support ecological status.
Environmental impact
The EA evaluates whether the proposed abstraction would cause or contribute to environmental harm, including impacts on rivers, wetlands, groundwater, and protected sites such as Sites of Special Scientific Interest and Special Areas of Conservation.
Applications must demonstrate that abstraction will not result in deterioration of water body status under the Water Framework Directive.
Reasonable need and efficient use
The applicant must show a reasonable need for the quantity of water requested and that the water will be used efficiently.
The EA may require evidence of water-saving measures or justification for the volume sought.
Impact on existing abstractors and rights
The EA considers the rights of existing abstractors and whether the new abstraction would adversely affect their lawful use.
The protection of public water supply and other essential uses is prioritised.
Duration and time-limited licences
Most new licences are time-limited (typically 12 years), allowing periodic review in light of changing environmental or resource conditions.
Longer-term licences that last up to 24 years require a robust business case and environmental assessment.
Technical and hydrogeological assessment
For groundwater abstraction, a hydrogeological impact assessment may be required to evaluate risks to aquifers and connected surface waters.
The EA may request hydrological data, modelling, or environmental assessments as part of the application.
Compliance with other regulatory requirements
The EA checks for compliance with other relevant legislation, such as the Conservation of Habitats and Species Regulations 2017, and may consult with Natural England for protected sites.
Safe passage for eels and fish pass requirements may also apply.
What are the grounds for refusal?
A licence may be refused if:
- The abstraction would cause environmental damage or breach statutory flow requirements.
- The catchment is closed to further abstraction due to over-licensing.
- The applicant cannot demonstrate reasonable need or efficient use.
- The abstraction would prejudice existing lawful users or public supply.
- The application fails to provide sufficient technical or environmental information.
If granted, licences are subject to conditions such as hands-off flow requirements, seasonal limits, and monitoring obligations.
The EA may vary, suspend, or revoke licences if environmental circumstances change or if licence conditions are breached.
The EA’s approach is precautionary and evidence-based, prioritising environmental protection and sustainable resource management.
Applicants are encouraged to engage with the EA’s pre-application advice service and consult the relevant abstraction licensing strategy for their catchment before applying.
At Dyne Solicitors, we have a dedicated team of lawyers who are specialists in Environmental Disputes and Regulatory Law. If you have any queries, please contact Alex Sandland.