An abstraction is the removal or diversion of water from a river, lake, stream, spring, groundwater well, or borehole, for any purpose. Water abstractions and their associated impoundment need to be regulated so that our rivers, lakes, estuaries, and groundwaters can be managed and protected.
The Water Environment (Abstractions and Associated Impoundments) Act 2022 and the Water Environment (Abstractions and Associated Impoundments) Regulations 2024 came into operation on 28 August 2024. The 2018 Regulations that established a Water Abstraction Register have been revoked. The purpose of the legislation is to provide for the regulation (registration, licensing and control) of water abstractions and their associated impoundments and to give effect to the EU Water Framework Directive.
By law, if you abstract 25m3/day (25,000 litres) of water or more per day, you must register this abstraction with the EPA. Abstractions already registered with the EPA under the 2018 Regulations are deemed to be registered under the Act. 25m3 is equivalent to about 150 bathtubs of water. A farmer abstracting water for 200 dairy cows, or a group water scheme abstracting water for 42 households, would use around 25m3/day. A well supplying a single household typically abstracts less than 1m3 of water per day and do not need to be registered.
If you have a mains water supply (that is if you get your water from Uisce Éireann, a local authority or a group scheme), you do not need to register this water as an abstraction.
Under the Act, an abstraction that meets or exceed 2,000m3 in any 24-hour period (licensing threshold) is required to have a licence to carry out that abstraction. If you presently carry out an abstraction that meets or exceeds this licensing threshold then you must make an application for a licence to the EPA within 6 months (the latest date 28 February 2025) unless you are granted an extension for making such an application by the Agency. You may continue to abstract until such time as your licence application has been determined.
Under the Act, the EPA will carry out assessments to determine if an abstraction on the register that is between 25m3/day and 1,999m3/day requires a licence. The EPA will be in contact with those persons on the register who carry out such an abstraction in due course.
The Agency is developing an on-line system for making licence applications and this system along with guidance will be provided in due course.
The legislation applies to anyone abstracting water for any purpose. The legislation is primarily focused on water abstractions of 25m3 (25,000 litres) or more per day. These would include, for example, agricultural activities such as dairy, beef, or horticultural; industrial activities such as EPA licensed facilities; commercial activities such as hotels; recreational activities such as golf courses or racecourses; as well as drinking water supply, aquaculture, hydropower, mining and quarrying activities. Certain abstraction activities are exempted and these are set out in the FAQs section below.
If your abstraction is less than 25m3/day (25,000 litres) of water per day, you do not have to register your abstraction. You are, however, required to comply with the provisions of Part 2 of the Regulations.
If your abstraction is greater than 25m3/day and does not require a licence or awaiting a determination on a licence application, you are required to comply with the provisions set out in Part 2 of the Regulations. Local Authorities will enforce Part 2 of the Regulations.
An entry of an abstraction on the EPA register does not mean that it is authorised. Certain abstractions will need to apply for a licence while the EPA will assess other entries and determine if a licence is required.
As a person carrying out an abstraction, you must comply with Part 2 of the Water Environment (Abstractions and Associated Impoundments) Regulations 2024. The legislation should be consulted for full details of these requirements. The following list highlights some key obligations:
If you intend to carry out or to increase an existing abstraction that meets or exceeds the licensing threshold (2,000m3/day), you must make an application for a licence, and you cannot commence the abstraction/revised abstraction until the licence has been granted.
If you intend to carry out or to increase an existing abstraction that is in the range of 25 – 1,999m3/day, you must notify the Agency and an assessment will be carried out by the Agency to determine if the proposed abstraction requires a licence or not. You cannot commence the abstraction/revised abstraction until the Agency has made a determination. Where a licence is not required, the proposed abstraction must be registered within one month of commencement or the change recorded on the entry to the register, as the case maybe.
