Environment Agency
Land managers who use and discharge water must follow the legal requirements to avoid causing water pollution.
Water abstraction and irrigation
If you want to abstract more than 20 cubic metres of water per day from a surface source (river, stream or canal) or underground source (groundwater), you need an abstraction licence from the Environment Agency.
If you already have a water abstraction licence and need to change it or transfer some or all of it to someone else, read the guidance on water abstraction.
You should regularly review your water needs and apply to vary your licence well in advance if your water demand is likely to change. This includes extending the abstraction period following a dry summer.
If you want to take advantage of high river flows in summer to top up a reservoir, you need to check that your licence allows you to do this. If not, you must apply to vary your licence.
To take high flows in summer to fill a reservoir, you may have to install your own calibrated measuring device so that you know when high flows are available. Calculating the stop and start level may take some time and need extra flow measurement, so apply to the Environment Agency as early as possible.
The summer high flow abstraction will be time limited to the catchment abstraction licensing strategy (ALS) common end dates. Contact the Environment Agency about the feasibility and details of varying your licence to take high flows in summer:
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Telephone: 03708 506 506 (see call charges)
In times of water scarcity, the Environment Agency will produce water availability reports (called prospects) for some parts of England. These provide advance warning of potential seasonal restrictions on water abstraction.
Emergency restrictions on irrigators
In an emergency situation such as a severe drought, the Environment Agency can change your abstraction licence if it authorises spray irrigation. This is known as a section 57 restriction.
This means they can stop or reduce all abstraction licences for spray irrigation within a water catchment.
If your licence allows you to spray irrigate and use water for another purpose, such as vegetable washing, any restriction would only apply to your spray irrigation abstraction.
The restrictions would not apply to:
- trickle irrigators
- irrigation using water collected in winter storage reservoirs
- water used to supply pot grown plants which are unable to take moisture from the soil
- irrigation of covered crops (in glasshouses or poly tunnels)
The Environment Agency use surface water or groundwater thresholds in their drought management plans to decide when to consider section 57 restrictions.
As an irrigator you may be eligible for a charge reduction of up to 50% because of the uncertainty of potential restrictions. This reduction is known as a 2 part tariff. If you do not already have a 2 part tariff agreement contact the Environment Agency:
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Telephone: 03708 506 506 (see call charges)
Discharge of waste water
If you discharge treated domestic sewage to surface water or to ground/groundwater, you will need a permit from the Environment Agency unless you can meet certain criteria that enable you to qualify for an exemption. See guidance on exempt water discharge and groundwater activity.
See the guidance on qualifying exemption criteria for septic tanks and small sewage treatment plants.
If you make a discharge of waste water, you may need to apply for an environmental permit. See the guidance to check if you need an environmental permit.
Vegetation management
If you cut or uproot a substantial amount of vegetation in any inland freshwater (or so near that it falls into an inland freshwater) and do not take reasonable steps to remove it from the water, you are carrying out a water discharge activity.
If you meet certain conditions, you may be exempt from the need to have a permit. See the guidance on exempt water discharge and groundwater activity.
Herbicides
You can use aquatic herbicides (professional plant protection products) to control weeds in or near water. There are a number of specific herbicides that are approved for this use.
If you plan to use herbicides to control aquatic or bank side weeds in England, you will need to get an agreement in advance from the Environment Agency.
You must make sure that the herbicides you use will not affect anyone else using the site, or any water body or watercourse downstream of the site. This includes water that is:
- drunk by livestock
- used for crop irrigation
- used by fisheries
- used as drinking water
You must make sure that the herbicide will not affect any nature conservation areas.
To use a professional plant protection product in or near water, you must have the necessary skills, knowledge and qualifications. You must either have a recognised specified certificate (previously known as a certificate of competence) or be working under the direct supervision, for the purposes of training, of someone who has such a certificate.
You do not need to hold a certificate yourself if youre working under the direct supervision of someone who has one.
When using herbicides you must:
- take precautions to protect the health of people, animals, wildlife, plants and the environment
- take precautions to avoid polluting water
- follow the instructions on the product label or in the published approval for the pesticide
- be trained in using herbicides in a safe, efficient and humane way and hold the appropriate certificate
- follow the code of practice for using plant protection products
Aerial spraying of pesticides and herbicides
You must apply for an aerial application permit if you want to apply pesticides from an aircraft. The Environment Agency can provide map based information so that you can carry out your own site based risk assessments before applying for a permit.
Email psc-waterquality@environment-agency.gov.uk using the title aerial herbicide screening.
When using pesticides, you must follow the codes of practice available from the Chemicals Regulation Division.
Drainage and water levels
If you own land above or with a watercourse running through it, you are a riparian owner and have responsibilities. You may also need permission to undertake maintenance work on watercourses.
If you have a designated flood defence on your land, the Environment Agency may need access to carry out periodic maintenance.
Pollution from land management activities
Nutrients, pesticides, faecal bacteria and sediment from land management activities can have serious effects on water used for drinking, bathing, shellfish and other ecology, business and recreational uses. You have a legal responsibility to manage water use and avoid pollution.
You must report pollution incidents to the Environment Agency immediately so that appropriate environmental protection measures can be put in place:
Environment Agency incident hotline: 0800 80 70 60