Extra opportunity to fill irrigation reservoirs – but not for everyone
Some abstraction licence holders can fill irrigation reservoirs this month: Here's what you need to know
The Environment Agency has published Regulatory Position Statement (RPS) 382, giving some abstraction licence holders an important opportunity to fill irrigation reservoirs during October 2026, even where their licence would not normally permit abstraction at that time.
For many businesses reliant on stored winter water, this will be welcome news after another difficult season. However, eligibility is tightly defined, and members should check carefully before relying on the RPS.
Between 1 and 31 October 2026, eligible licence holders may abstract water outside their authorised abstraction period solely to fill an existing water storage reservoir. The Environment Agency has indicated that it will not normally take enforcement action where operators comply fully with the RPS conditions. The RPS does not remove the requirement to hold an abstraction licence or comply with its limits.
What do you need to do?
To use the RPS, licence holders must already be authorised to fill a reservoir and must use the stored water for spray or trickle irrigation. Abstraction must take place only during October 2026, and all licence conditions, including rates, volumes, hands‑off flows, point of abstraction, and fish intake screening, must continue to be met.
The Environment Agency must be notified before abstraction begins – email rpsregistrations@environment-agency.gov.uk, putting RPS 382 in the subject line, and include the abstraction licence number and the name of the licence holder. Daily abstraction records from this month must be kept for six years.
But it's not for all
Several groups are excluded. First, licence holders who already have permission to abstract in October, or who hold “all year” licences, cannot rely on the RPS.
Second, the RPS cannot be used in catchments currently subject to Section 57 spray irrigation restrictions under the Water Resources Act 1991. This is likely to affect many CLA members in East Anglia. Restricted catchments include the Bure, Wensum, Waveney, Deben, Glaven, Stiffkey, Yare, Chelmer, Colne, Blackwater, Lower Stour and Brett, the Butley, Tidal Alde and Ore, and others listed in the RPS. In simple terms, if your licence falls within a Section 57 restricted catchment, the RPS is not available.
Third, the RPS cannot be used in designated Principal Salmon River catchments, which include the Test, Itchen, Wye, Severn, Tamar, Tyne, Tees, Exe, Dart and many others. The Environment Agency’s guidance provides maps of all the excluded catchments.
The Environment Agency notes that licence holders in Section 57 restricted catchments or Principal Salmon River catchments may still be able to secure out‑of‑season abstraction through a site‑specific assessment. Members in excluded areas should engage directly with the Agency rather than relying on the general RPS. Flexibility outside Regulatory Position Statements takes the form of individual Local Enforcement Positions (LEPs), which are considered exceptional, one-time opportunities per licence holder. You are advised to consider whether a future water need may be greater than the present need, if thinking about applying for an LEP this month.
The CLA view - and support
There is no charge for abstraction undertaken under RPS 382; annual subsistence charges remain unchanged. Abstraction carried out under the RPS must not be included in annual abstraction returns. The RPS expires on 1 November 2026, although the Environment Agency may amend or withdraw it earlier.
RPS 382 offers a useful short‑term opportunity for eligible licence holders to improve reservoir storage ahead of the 2027 irrigation season. However, eligibility is narrow, and members should pay particular attention to whether their licence falls within expressly excluded catchments. Anyone considering using the RPS should review the full conditions carefully and notify the Environment Agency before abstraction begins.
CLA members get free advice as part of their membership. If you want to discuss how this RPS impacts you, please get in touch with your regional office.
