NFU Deputy President reports on water abstraction guidance changes
From 1 October, farmers and growers in England can abstract water outside the authorised abstraction period for the purpose of filling existing water storage reservoirs (with exceptions), the EA has announced. The NFU asked and the Environment Agency has taken action. Find out more about how this was achieved and get the key details.
The new RPS (Regulatory Position Statement) the EA (Environment Agency) has published allows farmers on a winter licence to take water outside of their authorised abstraction period from 1 to 31 October. There are exceptions in areas still severely impacted by drought.
Changes will also make it easier for farmers to secure long-term licences, by simplifying the process of providing evidence.
NFU Deputy President Paul Tompkins said: “These guidance changes are a welcome step and follow many months of NFU campaigning.
“Allowing eligible winter abstraction licence holders greater flexibility to refill water storage in October could help some farm businesses manage the effects of an exceptionally hot and difficult summer. The simpler process for obtaining long-duration licences should also provide greater certainty and encourage investment in vital on-farm reservoirs.
“But these changes will not help everyone. Some of the farmers facing the most acute water pressures may be excluded from the winter abstraction guidance change, including businesses in the most water stressed areas. We will continue to make their case and work with the EA to ensure farm businesses are able to be resilient to drought.”
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RPS conditions
Under RPS 382, eligible licence holders in England can abstract water between 1 October and 31 October 2026, even where their current licence would not normally allow abstraction during that period.
The RPS expires on 1 November 2026 unless withdrawn or amended earlier.
Anyone considering use of the RPS is encouraged to read the full guidance and ensure they can comply with every condition before abstracting water.
For a full list of the conditions you must comply with, visit: GOV.UK | Abstraction outside the authorised period for filling water storage reservoirs: RPS 382 – 2. Conditions you must comply with
Once you have notified the EA, you will receive any abstraction alerts in the usual way for the duration of the RPS period.
Check eligibility carefully
The RPS does not apply to all licence holders. It can’t be used where a licence already authorises reservoir filling during October or throughout the year, and it does not apply in a number of catchments that are currently subject to Section 57 restrictions or in catchments designated as Principal Salmon Rivers.
For a list of excluded catchments and associated maps, visit: GOV.UK | Abstraction outside the authorised period for filling water storage reservoirs: RPS 382 – 2. Conditions you must comply with
No charge will be taken for any abstraction under this regulatory position statement. It will not affect your annual subsistence charge for your abstraction licence.
If you are using RPS 382 and are no longer able to meet its conditions, you must stop abstracting under the RPS and tell the EA immediately by emailing [email protected] with “RPS 382” in the subject line.
EA simplifies long-duration licence applications
Alongside the RPS announcement, the EA has updated its guidance on long-duration abstraction licences, making the application process simpler for businesses.
Applicants still need to demonstrate a business case and funding arrangements (or funding in principle), but they will no longer be required to undertake their own assessment of long-term environmental and economic sustainability.
Instead, the EA will assess future climate and environmental risks as part of the licensing process and will include a condition that allow abstraction volumes to be reduced in the future if changes in climate conditions make the licence unsustainable. Licence holders would receive a minimum of six years' notice before any reductions take effect. The NFU will be working with the EA to understand any future changes in sustainability assessments and challenge these where necessary.
In the interim, the updated guidance on long duration licences can be read here: GOV.UK | Apply for a water abstraction or impounding licence
These changes should provide greater confidence for businesses considering investment in water storage infrastructure.
