SC(3) - AIW02

Sustainability Committee

Inquiry into access to inland water in Wales

In response to your letter "Sustainability Committee’s inquiry into access to inland water in Wales" dated 21st July 2009, please find my answers below.

What is your interest in the issue of access to inland waterways?

User for waterborne recreation

Are you a member of an organisation related to your use of water?

Yes

British Canoe Union
Canoe England
Canoe Camping Club

Which stretch/es of water do you use?

River Dee
River Tryweryn
River Severn
River Mawddach
River Banwy
Afon Dwyfach
River Glaslyn
Afon Rheidol
Afon Rhiw
Afon Aled
Afon Alwen
Afon Arddu
River Artro
Afon Ceirw
River ConwyY
Afon Dwyfor
River Twymyn

Legal rights

Are you happy that your legal rights are clear and well defined?

No

Can you briefly outline your understanding of your legal rights over the stretch of water/s that you use.

Legally I can paddle some 4% of rivers in Wales, it is highly unlikely, but I run the risk of being taken to court for trespass if I paddle any of the other 96% of rivers in Wales, and I will most certainly receive verbal abuse from various other river users.

Would you like to see any changes to your legal rights?

Yes.

If yes, what changes would you like to see?

I believe that water, as a natural resource belongs to everyone and therefore there should be no legal restrictions on the use of rivers or Lakes in Wales.

Are you aware of any legislation that existis in other countries that could be used in Wales?

Yes, Scotland - the Scottish Land Reform Bill

Voluntary agreements

Do you have any experience of voluntary agreements for access to the stretch of water/s you use?

Historically, Yes.

If yes, please briefly outline the agreements that exist and your experience of how they operate.

None now exist, as the WCA has pulled out of all Voluntary Agreements as, after 50 years of negotiation, recent Government studies have shown that they cannot provide the necessary water resources needed for water sport.

Would you like to see any changes to the voluntary agreements?

Yes.

If yes, what changes would you like to see?

They should be used when short term exclusive access is required to stretches of water, for example when a championship fly fishing event is taking place.

Are you aware of any voluntary arrangements in other countries that could be used in Wales?

Yes, Grantully, Scotland.

Please can you briefly outline what you think are the key issues for recreational access to inland water in Wales and how you would like to see them addressed.

50 years of negotiation has resulted in a pitiful 4% of the linear waters ways in England and Wales that are in private ownership being opened up via agreement. Voluntary agreements are restrictive in nature, usually permit use of small sections of rivers only and are for short periods of the year. Canoeing, Kayaking and Wild Swimming continue to enjoy growing numbers of participants for which sustainable access to water is essential to allow participants and rural economies to continue to benefit from what is a low environmental impact, high health promotion activity.

I do not believe that further access to water can be delivered by utilising the same methods that have failed again and again.

I feel that a solution can only be achieved with a mechanism of access similar to that of the Scottish Land Reform Bill. Legislation is required to enshrine and enhance the right of access to the water, and provide clear roles and responsibilities for user groups in relation to the preservation of the environment.

Prior to the introduction of the Land Reform Bill, many parties were concerned about what it's effects might be, since it's introduction all concerns have been shown to be unfounded and people from all walks of life are able to share and enjoy the Water and environment, responsibly and without conflict.

Best regards

Simon Joinson.