Guidance

Low risk abstraction for nature recovery actions and fish or eel passage: RPS 374

Published 29 June 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

Types of activity this RPS applies to

This RPS applies to the following activities for a ‘nature recovery action’:

• creating a new bypass channel
• creating a new additional channel
• backwaters and fish refuge features
• removing raised banks
• internal drainage board (IDB) – abstraction of pumped water

This RPS also applies to the following activities:

• fish passes, including those for elver, eel and lamprey
• pumped eel or elver passes

This RPS sets out general conditions and describes each activity and sets out the specific conditions for each activity.

You must comply with both the general conditions and activity specific conditions.

If your activity does not fall under a relevant description or you cannot meet all the relevant conditions:

• the Environment Agency will not consider it a low risk abstraction activity
• you must apply for an abstraction licence instead

What a nature recovery action is

In this RPS, a ’nature recovery action’ is where the activity is carried out as part of a project with the primary aim of ecological improvement. The activity must be for the purpose of creating, restoring or enhancing:

• natural habitats
• the physical and hydrological processes natural habitats depend on

A nature recovery action can include flood risk management activities using natural flood management techniques, including flood plain reconnection.

Your nature recovery action must seek to achieve a net improvement to one or more of the following:

• biodiversity
• natural processes
• ecological connectivity
• species or habitat condition or size
• ecosystem resilience

You must be able to show how your activity seeks to achieve this requirement.

If the abstraction is already licensed

You must check if your abstraction licence covers the activity that you intend to carry out. If it does, you must continue to comply with the conditions of your licence.

If you have a licence where this RPS could apply, the Environment Agency will consider if it needs to change when you apply to change (vary) or renew the licence. This includes if a licence is required at all.

The Environment Agency will not actively review any current licences that may now come under this RPS.

If the activity shares equipment with a licensed abstraction, for example a water meter, do not include the water abstracted for the activity under this RPS in any records required by the licence.

You can choose to revoke (give up) your licence if this RPS applies to you.

General RPS conditions you must comply with

For the Environment Agency to consider your proposed abstraction as low risk, you must comply with all the ‘general conditions’ in this RPS.

Some conditions in the RPS will require some site screening and technical assessment. If you cannot do this, you will need to use a suitably qualified professional.

Condition 1

You must not use the water abstracted for any purpose other than that described by the activity.

Condition 2

You must keep records for the duration of the abstraction activity to show that you have complied with this RPS.

Records can include:

• notification details
• evidence that the abstraction is for a nature recovery action
• landowner and operator details
• access arrangements or agreements
• reports and surveys
• hydrological site assessment
• before and after photographs
• technical specifications
• drawings and plans

You must keep such records for 6 years after you have permanently stopped the abstraction activity.

You must make these records available to the Environment Agency on request.

Condition 3

You must not derogate an existing lawful abstraction that is a protected right, whether it is licensed or exempt from licensing. 

In this condition, ‘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 must take into account: 

• any existing lawful uses
• other water users, recreational users, riparian rights or interests

You can request information on current abstraction and impounding licences from the Environment Agency by emailing enquiries@environment-agency.gov.uk.

Condition 4

You must not harm, or be likely to harm, freshwater or migratory fish at any point in the watercourse. This includes salmon, sea trout, river and sea lamprey, smelt and eel.

You must not:

• block or restrict fish moving upstream or downstream
• trap, draw in or strand fish
• disturb spawn, spawning fish, spawning or juvenile areas

Condition 5

The abstraction must not have any likely significant effect on: 

• European sites (as set out in Regulation 8 of The Conservation of Habitats and Species Regulations 2017)
• Ramsar sites (as set out in Section 37A of the Wildlife and Countryside Act 1981)

You must apply the precautionary principle to predict any effects on National Site Network sites:

• Special Protection Areas (SPAs)
• possible SPAs
• Special Areas of Conservation (SACs)
• possible SACs
• Ramsar sites

The abstraction must not cause or be likely to cause damage to a: 

• Site of Special Scientific Interest (SSSI) (as set out in Section 52(1) of the Wildlife and Countryside Act 1981)
• nature reserve established by a local authority under Section 21 of the National Parks and Access to the Countryside Act 1949
• species of a kind mentioned in Article 4(2) of Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds or listed in Annex I to that Directive
• species of a kind mentioned in Annex IV to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora
• species which is subject to a licence under Section 16 of the Wildlife and Countryside Act 1981

You may need to get consent from Natural England before any abstraction takes place if it:

• takes place on a designated site
• may affect a designated site or species

Check the guidance on how to give notice and get consent for a planned activity on an SSSI. If a site is also a national network site, the proposal will also need to be assessed in relation to the sites’ conservation objectives. 

If you are unsure, you should contact Natural England to discuss your proposal.

If the abstraction activity may affect a designated site or species in Wales, you may need to get consent from Natural Resources Wales before abstraction begins.

Condition 6

You must ensure that the abstraction does not have a significant adverse effect on the habitats and species of principal importance in England.

Condition 7

You must ensure that the abstraction does not cause a deterioration in the status of a surface water or groundwater water body.

You must not compromise any relevant environmental objective in the:

• Water Environment (Water Framework Directive) (England and Wales) Regulations 2017
• Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004
• Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003

You can get information on the Water Framework Directive status for an individual water body from the: 

• Catchment Data Explorer
• River basin management plans: updated 2022

Condition 8

You must not abstract water: 

• from a water body that is classified as of ‘high ecological status’
• upstream of a water body that is classified as of ‘high ecological status’
• within 100 metres of a water body that is classified as of ‘high ecological status’

High ecological status represents the highest grade in the Water Framework Directive’s classification, where surface waters show little to no evidence of human disturbance.

‘High ecological status’ is defined by regulation 2 of the Water Framework Directive (Standards and Classification) Directions (England and Wales) 2015. 

See condition 7 for details on how to access information on the Water Framework Directive status for an individual water body.

Condition 9

You must have permission, where appropriate, for the abstraction activity from the:

• navigation authority
• harbour authority
• conservancy authority
• IDB

Condition 10

You must not hinder a statutory water undertaker carrying out its legal obligations.

A statutory water undertaker is a water company licensed under the Water Industry Act 1991. It has a legal duty to provide, manage and maintain public water supplies or sewerage services (or both) within a geographical area.

You can find out who your water undertaker is at Water UK.

Condition 11

If you intend to carry out an abstraction activity from a watercourse in the English part of the River Dee or the River Wye catchments, you must contact Natural Resources Wales.

You must give them details of your activity before the abstraction takes place.

This is because Natural Resources Wales are responsible for the management of water resources in these 2 catchments.

Condition 12

You must not affect the operation of a hydrometric gauging station without the agreement of the station operator. For example, a station operated by the Environment Agency, a statutory water undertaker or a navigation authority.

The National River Flow Archive holds data from many gauging stations operated by the Environment Agency.

Condition 13

When you permanently stop your abstraction activity, you must decommission and, where practical, remove any equipment or infrastructure used for the abstraction.

Condition 14

You must notify the Environment Agency about your abstraction activity before starting abstraction.

Use the form in the ‘Notify the Environment Agency of your use of this RPS’ section.

Activity specific conditions you must meet

As well as the general conditions of this RPS, your proposed abstraction must meet all the specific conditions for the activity for the Environment Agency to consider them low risk.

Creating a new bypass channel

This means the abstraction of water from a watercourse to a new channel to bypass an impounding structure for a nature recovery action.

For example, a new channel to bypass a listed weir (that cannot be removed) with the primary aim of restoring longitudinal connectivity.

If the bypass channel is on a main river, you must have a valid flood risk activity permit that authorises the works before any abstraction takes place.

If the bypass channel is on an ordinary watercourse, you should get expert guidance on the design of the channel. The design must ensure effective upstream and downstream fish and eel passage is maintained at the site at all times.

You must:

• make sure that, where they are currently present or expected to be, fish and eel are allowed to move freely upstream and downstream through the site at all times 
• make sure that the net effect of the bypass channel improves upstream and downstream passage for fish and eel at the site 
• return all the water abstracted to the same watercourse 
• maintain a flow of water in the bypass channel that enables the free passage of fish at all times 

You must have written agreement for the abstraction from the following, for the length of the watercourse (both banks):

• landowners
• riparian interests
• other water users
• the owner of the impounding structure

The length of the watercourse means between the abstraction point and the point where water is returned.

You must not:

• prevent any fish or eel pass from operating effectively 
• bypass any weir or other structure that enables a lawful upstream abstraction without written agreement from the operator of the abstraction 
• bypass a weir or structure that controls the flow of water into another watercourse, or another part of the same watercourse

In this condition, ‘site’ means the new bypass channel and the existing watercourse between the abstraction point and the point that water is returned to the watercourse.

Creating a new additional channel

This means the abstraction of water from an existing watercourse to a new additional channel for a nature recovery action.

For example, reconnecting a relic channel to the watercourse with the aim of restoring natural geomorphological processes.

You must:

• make sure that, where they are currently present or expected to be, fish and eel are allowed to move freely upstream and downstream through the site at all times 
• return all the water abstracted to the same watercourse

You must have written agreement for the abstraction from the following, for the length of the watercourse (both banks):

• landowners
• riparian interests
• other water users

The length of the watercourse means between the abstraction point and the point where water is returned.

You must not bypass an impounding structure – such as a weir.

In this condition, ‘site’ means the new additional channel and the existing watercourse between the abstraction point and the point that water is returned to the watercourse.

Backwaters and fish refuge features

This means the abstraction of water to a blind channel, such as backwater or fish refuge feature, for a nature recovery action.

For example, a small brown trout fry refuge area set back from the main river channel.

You must ensure that, at all times, the backwater or fish refuge feature is a safe environment for the fish species at, or moving through, the site.

You must have written agreement for the abstraction from all landowners, riparian interests and other water users: 

• at the point of the abstraction
• for the land occupied by the backwater or fish refuge feature

In this condition, ‘blind channel’ is a watercourse that is closed at one end with no outlet. And ‘site’ means the watercourse at the abstraction point.

Removing raised banks

This means the abstraction of water for the purpose of reconnecting the watercourse to the natural floodplain for a nature recovery action, by the removal of raised bank material.

Raised bank material can be naturally occurring or resulting from past river management practices, such as dredging or embanking.

For example, removal of dredged material deposited on the banks of a river that had been periodically desilted.

You must:

• have written agreement for the abstraction from all landowners, riparian interests and other water users at the point of the abstraction
• be able to show how you have taken measures to prevent fish from becoming stranded on the surrounding land – this could include providing fish with a viable route back to the watercourse

You must not:

• cause the level of water in the watercourse to drop below the natural bank height and the level of the surrounding land
• remove bank material to lower than the natural bank height and the level of the surrounding land
• remove any material from third party owned or operated flood defence assets, such as embankments, without the agreement of the relevant body or owner (such as the Environment Agency, IDB or local lead flood authority)
• remove any material from the banks of a watercourse that is a high level water carrier channel

A high level water carrier channel is a watercourse whose banks have been artificially raised and where the bed level may lie above the level of the surrounding land. The removal of material to the natural bank height and the level of the surrounding land would result in the abstraction of water under non-high flow conditions.

Internal drainage board – abstraction of pumped water

This means the abstraction, by a third party, of water that is intended to be pumped out of an internal drainage district (IDD) by the IDB in connection with its functions. The abstraction must be for a nature recovery action.

For example, during wet weather the IDB transfer water to avoid flooding. Instead of the IDB transferring the water out of the catchment, the water is abstracted by the landowner on to peatland to maintain a high-water table.

If you use a pump, this must have an intake screen to prevent the entrapment, entrainment or impingement of eel. The screen must have a gap width of no more than 2 millimetres and an average approach velocity (measured at a distance of 10 centimetres before the screen) of no more than:

• 5 centimetres per second with a manually cleaned screen
• 10 centimetres per second with an automatically cleaned screen

If approved by the Environment Agency, you can either:

• use a pump that is deemed safe to eel without an intake screen
• use an intake screen with a different specification

To discuss alternative pump or intake screening, contact enquiries@environment-agency.gov.uk and ask for the local fisheries team.

You must:

• only abstract water when, in accordance with their standard operating procedures, the IDB is pumping water out of the IDD to alleviate the risk of flooding
• have written agreement for the abstraction from the IDB, all landowners, riparian interests and other water users at the point of the abstraction
• retain any water abstracted within the same IDD

You must not prevent:

• any operating agreements between the IDD and the Environment Agency from being carried out
• any actions contained in any relevant water level management plan from being carried out

Fish pass, including those for elver, eel and lamprey

This means the abstraction from a watercourse to a new fish pass, including those for elver, eel and lamprey.

For example, a baffle-type or vertical slot-type technical fish pass.

You must: 

• get approval for your fish or eel pass from the Environment Agency
• build and operate the fish pass, in the way approved by the Environment Agency in writing
• maintain, repair or replace the fish pass and ensure that it remains free of obstruction so that it is effective
• have written agreement for the abstraction from all landowners, riparian interests and other water users – at the point of the abstraction and for the land occupied by the fish pass

This activity does not include abstraction to a new bypass channel, a new additional channel or a pumped eel pass. For these abstraction types, refer to their specific activities.

Pumped eel or elver pass

This means the abstraction of water for use in a pumped eel or elver pass.

For example, an eel pass using bristle substrate tiles in a covered channel.

You must: 

• get approval for your eel or elver pass from the Environment Agency
• build and operate the eel or elver pass in the way approved by the Environment Agency in writing
• maintain, repair or replace the eel or elver pass and ensure that it remains free of obstruction in order that it is effective
• have written agreement for the abstraction from all landowners, riparian interests and other water users – at the point of the abstraction and for the land occupied by the eel or elver pass

Notify the Environment Agency of your use of this RPS

You will need to:

• confirm that you have read and meet all the relevant conditions of this RPS
• give details about the site and your proposed activity
• give contact details

Things to note

The government has consulted on abstraction and impounding activities moving into the Environmental Permitting Regulations. This RPS relates to activities that the Environment Agency considers are potential candidates for future exemptions (subject to approval) under any future regulations.

This RPS does not change your legal requirement to get other permissions from:

• the Environment Agency not relating to abstraction
• any other statutory authority

Flood risk activity permit

You may need a flood risk activity permit if you abstract from a main river and carry out associated works. For example, for excavating a new channel or removing bank material.

Ordinary watercourse consent

If you are carrying out abstraction activity from an ordinary watercourse (not specifically defined as a ‘main river’), you may need an ordinary watercourse consent. Contact either the:

• lead local flood authority (upper tier or unitary authority)
• IDB (if there is one)

Natural England consent

You must get consent from Natural England if you intend to carry out works within the boundary of an SSSI. Works that need consent are known as operations requiring Natural England’s consent (ORNEC).

Use the designated sites system to search for an SSSI and to get the ORNEC list of activities.

Find out more about getting advice from Natural England about an SSSI.

Abstraction licence

If you intend to carry out an abstraction activity not included in this RPS, check if you need to apply for an abstraction licence. 

Impounding licence

You may also be able to carry out some impounding works under our Low risk impounding activities: RPS 302.

Otherwise, check if you need to apply for an impounding licence.

For activities close to the England and Wales border

Contact Natural Resources Wales if your abstraction activity is close to the England and Wales border, with potential to affect water users, sites and species in Wales.

When you must check back

The Environment Agency intends to review this RPS by 24 June 2029.

The Environment Agency can withdraw or amend this regulatory position before the review date 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 review 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.

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 enquiries@environment-agency.gov.uk with ’RPS 374’ in the subject

Contact the Environment Agency

If you have any questions about this RPS, email wrregulation@environment-agency.gov.uk with ’RPS 374’ in the subject. Do not use this mailbox for site specific or project related queries.

You can get advice using the Environment Agency’s pre-application service if:

• you are not sure if your proposal needs an abstraction licence
• you have a site specific or project related query

You can send general enquiries to enquiries@environment-agency.gov.uk.