“At a time when the regulation of our waterways is under such intense scrutiny you would assume that the Environment Agency would be desperate to do the right thing. Well, that time has come,” Feargal Sharkey, chair of Amwell Magna Fishery, said in a statement to the Standard as he accused the Environment Agency of draining a two‑mile stretch of the River Lea between Ware and Stanstead Abbotts by unlawfully abstracting water. The charge, brought by one of Britain’s oldest fly‑fishing societies, has rapidly escalated from local dispute to potential legal challenge. (The club’s history underlines its long‑standing stewardship of the reach.)

Lawyers acting for the fishery say flows on the affected section fell sharply after 3 June 2025—from roughly 156 million litres a day to about 66 million—and briefly plunged to some 30 million litres on 19 June, a reduction they say has devastated the only known breeding population of brown trout on that stretch. According to the fishery’s legal team, represented by Leigh Day, the club has sent a pre‑action protocol letter demanding immediate restoration of flows and has warned it will seek a judicial review if abstraction does not cease. The Environment Agency has declined to comment publicly while legal proceedings are pending.

The implication of such flow reductions reaches beyond angling loss. The fishery and its advisers say the drop has damaged protected habitats and fish spawning grounds. Local conservation organisations point out that the River Lea corridor around Amwell lies within a network of internationally and nationally designated sites, including areas recognised under Ramsar and Site of Special Scientific Interest protections, which carry statutory duties to maintain water quality and ecological flows.

The Amwell Magna Fishery is not a new claimant. Its own records show a continuous interest in the reach dating back to the nineteenth century, with restoration work completed around 2018 aimed at improving brown trout habitat and ongoing monitoring of wild trout stocks. That history underpins the club’s insistence that recent changes are both measurable and harmful to the delicate ecology the volunteers and anglers have worked to protect.

Leigh Day, the firm acting for the fishery, is experienced in public law challenges to regulators and has a record of bringing habitat‑protection and abstraction cases. The firm’s public profile confirms its capacity to issue pre‑action letters and, if necessary, pursue judicial review against bodies such as the Environment Agency—steps the fishery has now signalled it is prepared to take.

The Environment Agency, for its part, has been operating in what it describes as an exceptionally dry spring. In a June blog the agency outlined measures taken to support farming and manage scarce resources, describing the legal framework for abstraction, the role of the National Drought Group and the practical challenge of balancing ecological needs with public water supply and agricultural demand. That account provides context to the agency’s decisions over licensed abstractions but does not directly address the club’s allegation; the regulator has not answered detailed questions while the matter is in the hands of lawyers.

If the dispute proceeds to judicial review, it will test how the regulator interprets and applies its obligations where designated habitats and ecologically sensitive species are concerned. Conservation bodies and site designations impose legal duties to safeguard ecological flows and habitats, while the agency must also weigh wider public interests during drought—including support for farming and water supply—making any court examination likely to focus on how those competing duties were balanced in practice.

For now, the immediate course is procedural: the pre‑action letter sets a short deadline for remedial steps or meaningful engagement before formal proceedings begin. Should talks fail, the club says it will move to court to force restoration of flows and seek judicial scrutiny of the regulator’s conduct. Both sides have signalled what is at stake—the future of a rare breeding trout population, the integrity of protected waters, and the standards by which a regulator manages scarce river resources in extreme weather.

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Source: Noah Wire Services