Water is the lifeblood of most enterprises in some shape or form, and the agricultural sector is no exception. Whether it is for traditional arable irrigation and livestock usage or even source is a non-negotiable requirement.
In the UK, it is often the fertilisers and feeds that receive the greatest share of public and government focus when dealing with agriculture – especially given the recent concerns surrounding nitrate-induced environmental damage. But this is generally the result of water being seen as such a ubiquitous resource that its availability is taken for granted. However, stable water abstraction or even rainfall both look set to become relics of the past.
Increasing disruption by climate change
Following another prolonged wet winter, it is important not to forget that 2025 saw an official drought declared across the north-west of England as the third lowest rate of spring rainfall since 1871 had led to greatly depleted reservoir levels. Another accompanying headline is the government's desperate attempt to fast-track the construction of new large-scale reservoirs; the first to be built in Britain since 1992.
Climate change is expected to make these violent oscillations between floods and droughts more common to the UK, which forces us to consider the changes they might force within the agricultural industry as water becomes a more erratic resource. Many crops require significant levels of water (e.g. potatoes and carrots). It could be that in the years to come, farmers come under pressure to abandon them and switch to more drought-tolerant crop types altogether or else invest in climate-controlled greenhouses to replicate the temperate conditions which are, by this time, no longer found in southern England.
On the grapevine
We are already seeing the genesis of this transformation with the historic and painstakingly maintained vineyards of southern Europe. Increasing temperatures and reduced rainfall is making regions such as Bordeaux less hospitable for their famous traditional crops with reports indicating that Mediterranean conditions are shifting north-ward. In response, we are seeing excitement at the viability of new crops in previously cooler regions that would have, until recently, produced little more than waterlogged mush. However, other British farmers and climate experts are exhibiting trepidation at the notion that our weather will become similarly inimical to our own traditional crops.
Draught resistance
We could see pressure to breed new cultivars of or even genetically modify our existing crop strains to produce more drought resistant variations. However, there remains the need to consider methods of enhancing the ability of farmers to cope with the predicted droughts. In Europe, we are seeing the emergence of "agrivoltaics" (a dual form of land use which combines agricultural activities (crops or livestock grazing) with adjacent solar panels) not only as a means to extract the maximum income per hectare but also to provide an adjustable barrier against moisture loss from the soil. If this is of interest to you, Trowers & Hamlins have a specialism in advising on all stages of a solar farm project, from the drafting of exclusivity agreements for initial investigations to the decommissioning at the end of the operation period/lease expiration.
Increasing legal and geographical challenges to sourcing water
Many farmers seem to be appreciating the value of on-site water storage particularly given the potentially increasing (geographical and legal) challenges of acquiring water by other means. In February 2026, the Country Land and Business Association expressed wariness about the Environment Agency's new water resources proposals which include a "reservation" mechanism for water companies to facilitate nebulous "future projects". These, if implemented, could restrict the issuing or renewal of abstraction licences across the country in the name of reserving much-needed water for projects which may never progress beyond conceptualisation. Furthermore, under the Environment Act 2021, from 1 January 2028, in the interests of environmental protection, the Secretary of State will be able to revoke or vary abstraction licences without needing to pay compensation, which could leave farms abruptly unable to facilitate crucial crop irrigation or similar water-dependent activities with no recourse.
Groundwater abstraction
In some instances, the use of groundwater is not physically viable due to the increased salinity which reduces soil quality and damages plant growth. This is an issue that poses an increasing challenge to the agricultural use of low-lying coastal areas particularly in the east of England bordering the North Sea. These areas are at risk of inundation from flooding but also from saltwater seeping into and contaminating local groundwater. Coastal farmers in the Netherlands are attempting to solve this conundrum since the excessive abstraction of freshwater from shallow aquifers triggers this process. Some farmers in East Anglia have drawn attention to the uncertainty surrounding abstraction licences which are now under review and in at least one instance, have already responded with the creation of private irrigation reservoirs. Although a significant capital expenditure, this potentially represents a move towards greater self-sufficiency as well as adding value to land.
How to build a reservoir
The key stages of a reservoir construction project and related infrastructure, which would need to include the relevant earthworks, pipework, valves and chambers, would be as follows:
- Reservoir type and site selection: Engaging a geotechnical engineer* to assist with determining the most suitable location and type of reservoir (i.e. whether it will be fed by winter runoff or by the more strictly regulated blocking of a natural watercourse). As well as assessing underlying geology, potential flood risks (health & safety concerns posed to neighbouring land users), this would need to take into account the proximity of natural/artificial elements capable of delaying the works (including trees and other watercourses).
- Registration: Due to the health & safety risk posed by the failure or breach of a reservoir, the Environment Agency requires the registration of intention to build any large, raised reservoirs although there is an exception for those with a capacity of under 25,000 cubic metres of water above ground level. Following registration, the EA will also impose additional requirements (i.e. appointment of supervising and inspecting civil engineers) if they deem the proposed reservoir to be "high-risk".
- Planning: The excavation of the land and related engineering operations for the reservoir would likely require planning permission and other environmental permits (depending on the proposed method of disposal of waste material) therefore a planning and environmental consultant should be engaged early on in the project to consider and advise appropriately to ensure that the proposed design and construction methods are viable from a planning and environmental stand point.
- Construction: In terms of the contractual basis for the construction of the reservoir itself and related infrastructure, where these are larger scale, historically, the standard civil engineering forms have been used up until 2009 but these have very much been replaced by the more collaborative new engineering contract (NEC) which can lead to significant delivery savings (on time and to budget). One of the factors to consider in this (as in many construction projects) is the environmental acceptability in the eyes of the Local Planning Authority (as is reflected in the mandatory Biodiversity Net Gain requirements that permeate so much of the nation's projects) especially if the farm is located in a protected area. The newer collaborative contracts (many of which were developed for industry by Trowers) specifically allow flexibility in delivery to bring such added value during a procurement to obtain the best outcome.
- Operation and maintenance: Under the Reservoirs Act 1975, the larger and/or high-risk reservoirs described earlier are subject to mandatory inspections by the Environment Agency but even the smaller exempt reservoirs will require regular inspections since liability for damage caused by failure will attach to the landowner especially if there is no evidence that reasonable prevention measures were implemented.
- Surrounding land use: It is important to be wary of how the land immediately surrounding the reservoir is used following its construction and throughout the reservoir's lifespan. This is due to the fact that excessive weight (including structures and even the stockpiling of materials) has the potential to over pressurise the groundwater causing the surrounding soil to lift and thus causing leakage from the reservoir embankments.
For assistance with or any further information related to such projects, please get in touch with our Projects & Construction team.
