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 The 2018 Regulations that established a Water Abstraction Register have been revoked.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.
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.
Popular questions and answers
Disposing of asbestos waste
Asbestos waste is hazardous and must be disposed of properly. Before any demolition work, identify which waste facility is licensed by the Environmental Protection Agency (EPA) for disposal of asbestos waste.
Hazardous waste transfer stations can accept asbestos waste and then arrange to have it disposed of at an appropriate facility here or abroad.
When do I need to notify the Agency of a proposed abstraction?
A proposed new abstraction, or an increase to an existing abstraction, between 25m3/day and 1,999m3/day must be notified to the Agency before commencing. The Agency will carry out an assessment to determine if a licence is required. A proposed abstraction that meets or exceeds 2,000m3/day requires a licence and an application must be made to the Agency for a licence. You cannot commence that abstraction until authorised to do so by the Agency.
What is the Air Quality Index for Health (AQIH)?
The EPA’s Air Quality Index for Health (AQIH) is a number from 1 to 10 that tells the public what the air quality currently is in their region, and whether this might affect the health of you or your child. A reading of 10 means the air quality is very poor and a reading of 1 to 3 inclusive means that the air quality is good. https://www.airquality.ie
How does the National Priority Sites System work?
In simple terms, each site is given a score based on its licence compliance in the previous six months. The system has four key scoring components: Compliance Investigations, Complaints, Incidents and Non-Compliances. These are described in more detail below. The higher the score the poorer the compliance is at a site.
Compliance Investigations
A Compliance Investigation (CI) is opened by the EPA when there is an issue on a site that is causing, or has the potential to cause an environmental impact and which requires action by the licensee. The EPA monitors progress to ensure that the actions required are completed.
Compliance Investigations are categorised as High, Medium, or Low based on the risk to the environment. Points are assigned based on the category of the CI and whether it is ‘Open’ or ‘Closed’.
| Compliance Investigations Score Allocations |
||
|---|---|---|
| CI Rating* | Open | Closed |
| High | 20 points | 4 points |
| Medium | 10 points | 2 points |
| Low | 3 points | 1 point |
| Note: Only the top 3 highest scoring CIs are counted | ||
* CIs can only be scored as medium/high for odour/noise if a non-compliant odour or noise related issue has been recorded by the OEE during the previous 12 weeks and/or if an action in the CI has not been addressed to the satisfaction of the Agency.
The National Priority Sites system takes account of the number of complaints from the public which are linked to either a Medium or High compliance investigation.
| Complaints Score Allocation |
|---|
| 1 point per complaint* |
* Complaints must be linked to a Medium or High CI to count towards the score; the maximum score for complaints is 20.
Operators of licensed facilities are required to notify the EPA on any occasion where there is a breach of a licence condition. The EPA receives a large number of incidents each year and these are categorised as Minor, Limited, Serious, Very Serious or Catastrophic. The vast majority of incidents reported to the EPA are minor.
Points are assigned based on the category of the incident.
| Incidents Score Allocation | |
|---|---|
| Catastrophic | 30 points |
| Very Serious | 20 points |
| Serious | 10 points |
| Limited | 5 points |
| Minor | No score |
The EPA issues a notification of non-compliance (NC) to a facility when a licence condition is breached. Points are assigned based on the number of non-compliances recorded by the EPA. A greater weighting is applied if a non-compliance is issued for not notifying the EPA of an incident.
| Non-Compliances Score allocation | |
|---|---|
| Non-Compliance with licence | 1 point |
| NC for non-notification of an incident | 5 points |
How far away should my well be from my septic tank?
Wells should be sited upgradient if possible and as far away as possible from wastewater treatment systems. The minimum recommended distance between a wastewater treatment system and well varies from 15m to 60m depending on the slope and soil type and is set out in the Code of Practice for new builds - Site suitability assessment.
