Views sought on low-risk abstraction activities

05 March 2026

Environment and climate
River on a farm

The Environment Agency is seeking views on a proposed new regulatory position statement to allow for a more risk-based approach when abstracting more than 20 cubic meters of water per day, while protecting the environment and other water users.   

You can view and respond directly to the Environment Agency before 24 March at: GOV.UK | Proposed Regulatory Position Statement for low risk abstraction activities.

Consideration of abstraction at high-flow, as opposed to abstraction during flood warnings, is a key ask of the NFU and so it is important that our members' views are represented in this consultation.

The NFU is reviewing the proposals in detail and will be submitting a response.

10 February 2026

EA launches consultation on new Regulatory Position Statement

The Environment Agency is seeking your views on low-risk abstraction activities that can be a blocker to the timely delivery of projects.

The RPS (regulatory position statement) aims to help reduce the regulatory burden on the public and businesses while contributing to the government’s target to reduce regulation administration by 25%.

What is the EA proposing?

An abstraction licence is needed for most abstractions of water that exceed 20 cubic metres per day. The new proposed RPS does not change your legal requirement to have and comply with an abstraction licence.

However, the EA is proposing to not take enforcement action, provided that:

  • the activity meets the descriptions set out in the RPS, and
  • there is compliance with the conditions set out in the RPS. 

The proposed RPS applies to the following low risk abstraction activities:

  • Creating a new bypass channel.
  • Creating a new additional channel.
  • Backwaters and fish refuge features.
  • Fish passes and easements, including those for elver and eel.
  • Pumped eel and/or elver passes.
  • High flow abstraction.
  • Removing raised banks.
  • Internal Drainage Board – abstraction of pumped water.
  • Open-loop heating and/or cooling system (inland water).
  • Open-loop heating and/or cooling system (canal or dock).
  • Open-loop heating and/or cooling system (groundwater).

The proposed RPS includes 13 general conditions which must be met for all the above activities. It also sets out specific additional conditions for each of these.

The EA is seeking views on the proposed RPS, its general conditions and the specific conditions for each activity.

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