Guidance

Abstraction outside the authorised period for filling water storage reservoirs: RPS 382

Updated 7 October 2026

Applies to England

This regulatory position statement (RPS) does not change your legal requirement to have and comply with an abstraction licence where one is required when you either:

• abstract water from any source of supply
• cause or permit any other person to abstract any water

However, the Environment Agency will not normally take enforcement action against you if you do not comply with these legal requirements provided that:

• your activity meets the descriptions set out in this RPS
• you comply with the conditions set out in this RPS
• your activity does not cause (and is not likely to cause) harm to the environment or harm to human health

1. Activity this RPS applies to

This RPS applies to abstraction licence holders from 1 October to 31 October 2026 inclusive.

It allows you to abstract water outside the authorised abstraction period for the purpose of filling existing water storage reservoirs.

2. Conditions you must comply with

You must:

• have an abstraction licence that authorises filling a water storage reservoir for subsequent use in spray irrigation or trickle irrigation
• only abstract water for the purpose of filling a water storage reservoir
• only abstract water from the 1 October to the 31 October 2026 inclusive
• comply with any stated abstraction rate in your licence (litres per second; cubic metres per hour, day, week) – see ‘Maximum quantity of water to be abstracted’, or equivalent, in your licence
• comply with any ‘hands off flow’ or ‘hands off level’, or similar restrictions in your licence – see ‘Further conditions’, or equivalent, in your licence
• comply with all other conditions of your licence, including the point of abstraction and fish or eel intake screening
• record the volume of water abstracted each day when abstraction is taking place
• keep these records for a period of 6 years and make them available to the Environment Agency upon request
• notify the Environment Agency about your intended abstraction using this RPS before starting to abstract – email rpsregistrations@environment-agency.gov.uk and include the abstraction licence number and the name of the licence holder, and put ‘RPS 382’ as the email subject

You must not:

• abstract under this RPS if you have a licence that already authorises abstraction in October or ‘All year’ to fill a storage reservoir – see ‘Period of abstraction’, or equivalent, in your licence
• derogate an existing lawful abstraction that is a protected right, whether it is licensed or exempt from licensing – you can request information on current abstraction and impounding licences by emailing enquiries@environment-agency.gov.uk
• include the amount of water abstracted using this RPS in your annual abstraction return to the Environment Agency (if required)

You must not abstract under this RPS in any of the following catchments which are subject to spray irrigation restrictions under section 57 of the Water Resources Act 1991 (see Figure 1):

• River Blackwater
• River Bure
• Rivers Butley, Tidal Alde and Ore
• River Can and Roxwell Brook
• River Chelmer
• River Colne
• River Deben
• Rivers Flynn and Lark
• River Glaven
• River Mun and coast
• Rivers Stour (lower) and Brett
• River Stiffkey
• River Tas
• River Ter
• River Waveny
• River Wensum
• River Wid
• River Yare

Figure 1: Map of river catchments subject to spray irrigation restrictions under section 57 of the Water Resources Act 1991

You must not abstract under this RPS in any of the following river catchments which are classed as Principal Salmon Rivers (see Figure 2):

• River Avon (Devon)
• River Avon (Hampshire)
• River Axe
• River Calder
• River Camel
• River Coquet
• River Crake
• River Dart
• River Dee
• River Derwent
• Rivers Duddon and Lickle
• River Eden
• River Esk (Cumbria)
• River Esk (England and Scotland border)
• River Esk (Yorkshire)
• River Ethen
• River Exe
• River Fowey
• River Frome (Dorset)
• River Irt
• River Itchen
• River Kent
• River Leven
• River Lune
• River Lyn
• River Lynher
• River Piddle
• River Plym
• River Ribble
• River Severn
• River Stour (Dorset)
• River Tamar
• River Tavy
• River Taw
• River Tees
• River Teign
• River Test
• River Torridge
• River Tyne
• River Wear
• River Wye
• River Wyre
• River Yealm

Figure 2: Map of river catchments classed as Principal Salmon Rivers

3. Things to note

You will not be charged for any abstraction under this RPS. Your annual subsistence charge for your abstraction licence will not be affected.

Any water abstracted in line with the RPS will not count towards the annual authorised volume in your licence.

Upon receipt of your notification, you will receive any abstraction alerts in the usual way for the duration of the RPS period, up to and including 31 October 2026.

‘A day’ means any period of 24 consecutive hours.

‘Derogate’ means to prevent the person entitled to the right from abstracting to the extent allowed by a full abstraction licence or an exemption.

You may still be able to abstract out-of-season based on a site specific assessment if you are a licence holder located in either:

• one of the principal salmon river catchments
• a catchment subject to spray irrigation restrictions under section 57 of the Water Resources Act 1991

See our guidance Water abstraction during prolonged dry weather and drought – this may also be helpful for other licence holders in managing their abstraction licence during prolonged dry weather and drought.

In response to drought conditions, we have asked licence holders in some catchments in Essex and Suffolk to voluntarily reduce abstraction. This does not affect your ability to use this RPS. You should consider if you can continue to abide by this voluntary measure to help better maintain river flows.

4. When you must check back

This RPS will expire on 1 November 2026.

The Environment Agency can withdraw or amend this regulatory position before it expires if they consider it necessary. This includes where the activity that this RPS relates to has not changed.

You will need to check back from time to time, including at and before the expiry date, to see if this RPS still applies.

This RPS remains in force until it is removed from GOV.UK or is otherwise identified as having been withdrawn.

You can subscribe to email updates about this RPS. These will tell you if the RPS has changed and when it has been withdrawn. Use the ‘Get emails about this page’ feature on the RPS publication page.

5. If you cannot comply with this RPS

If you operate under this RPS but can no longer comply with it, you must:

• stop the activity to which this RPS relates
• tell the Environment Agency immediately by contacting wrregulation@environment-agency.gov.uk with RPS 382 in the subject

6. Contact the Environment Agency

If you have any questions about this RPS, email wrregulation@environment-agency.gov.uk with RPS 382 in the subject.