The EA (Environment Agency) is sending letters to abstraction licence holders in their East Anglia region where their data indicates some or all of the licensed water has not been used for several years. This is part of their national programme to review of unused or underused licences started in 2017.
The programme aims to ensure licences reflect realistic future needs, reduce unnecessary environmental risks and avoid water being unavailable to other businesses that need it.
The review is moving around England geographically, with licence holders in East Anglia being contacted during the current financial year.
Letters are generally being sent to licence holders that:
- have not used their licence for eight years or more; or
- have used less than 75% of their licensed quantity for at least 10 years.
Some other licences may also be reviewed, particularly where the unused quantity is significant. Summer, winter and year-round licences are all included. For licences with abstraction returns, the EA is using data from the 10 years up to and including 2025. It will also contact some licence holders who are not required to submit returns.
Receiving a letter does not necessarily mean your licence will be reduced or revoked. The EA recognises that low use may have a reasonable explanation and that farmers may need the volume of licensed water in future. Each case will be considered individually, as there is no fixed level of acceptable unused volume.
Licence holders should review how much water they realistically expect to need and respond by the deadline shown in the letter.
If the full licensed quantity is still needed, explain why, including any planned changes or future requirements. If less water is likely to be required, consider applying voluntarily to reduce the licensed quantity. Aggregate conditions may be appropriate where multiple licences are used on an either/or basis.
Where unused licensed quantities create an environmental risk, the EA can propose revocation under section 52 of the Water Resources Act 1991.
Examples of information to send to the EA
For spray irrigation licences: contractual agreements, either current or recent, and planned cropping patterns for the next few years that indicate water need supplied by this licence for the crops grown.
For winter storage licences: how this licence provides resilience to your water needs where summer licensed water is unavailable in the future (e.g. where hands-off-flow or Section 57 restrictions prevent access to water or where summer licences are potentially subject to sustainability reductions).
The key message is simple: if you receive a letter, review your realistic future water needs and respond before the deadline.
For recent water resources news, see our webinar on our current NFU work, now with additional Q&A information.
Reservoir survey
We are also working with the CLA and water abstractor groups to get information on the challenges members have faced in building reservoirs on farms to feed into Defra. If you have recently built or attempted to build a reservoir we would love to hear from you. There is an anonymous online survey available if you wish to give feedback.