The Statutory Instruments needed to make these changes will be made shortly, opening a two year abstraction licence application window on 1 January 2018.
The ‘New Authorisations’ licensing process will have a major impact on growers who rely on unlicensed trickle irrigation operations to meet their water needs.
The NFU is pleased that Government recognises existing trickle operations as lawful activities and we welcome Government promises of a ‘light touch’ approach to the licensing of currently exempt operations.
Exempt operators such as trickle irrigators will have two years to submit their licence application with effect from 1 January 2018. The licence determination process must be completed within five years of the application window opening.
It is estimated that 5,000 existing operations (across all uses and sectors) will require an abstraction licence for the first time. We expect that most applicants will successfully secure abstraction licences that meet their historic needs.
Paul Hammett, NFU water resources specialist, said: “We are reassured that the Environment Agency will apply a flexible, risk-based approach regarding evidence of historic use by abstractors.”
“Nevertheless, new licences could limit potential business growth if they are based on past water use rather than future potential need."
Applicants will need to demonstrate, to the reasonable satisfaction of the Agency, that their abstraction requirements and entitlements are consistent with their peak historic abstractions over the previous seven years since 2010.
We have been promised guidance from the Agency to signpost applicants towards the type of evidence they should gather to justify their need for water and prove historic use in support of their applications.
The NFU has consistently called for a ‘light touch’ to New Authorisations to recognise the major contribution that the irrigated crop sector makes to our national food security.
We are committed to working with the Environment Agency to ensure that, wherever possible, the licensing process accommodates the special needs of the horticultural sector so that businesses can continue to thrive.
We are concerned that new trickle irrigation licences from surface water sources will be subject to flow constraints to protect rivers during dry and drought conditions. This measure will have a particular impact on the protected and nursery stock sectors.
Most but not all existing trickle operations should be offered an abstraction licence. The NFU will closely monitor the Agency’s licensing determination process. Some existing applications may be refused if the abstraction is deemed to be environmentally unsustainable. In some cases compensation may be available, except where the abstraction is causing ‘serious damage’.
In responding to the regulatory change, the NFU says that Government should now focus attention on how it can practically help farmers and growers cope with potential future shortages of water for irrigation, particularly in dry years. For example, we seek support to reduce and remove fiscal and regulatory barriers to reservoir construction projects.
Government should also consider how it can best support increased use of rainwater harvesting by farmers and growers.
The Government response and the consultation documents are available here.
You can read the NFU response to Government’s 2016 consultation here.
More of the NFU's work on water on behalf of members: