Sustainability Committee
Inquiry into access to inland water in Wales
To Virginia Hawkins, Clerk to the CommitteeI am please to have this opportunity to respond to the above consultation. I have provided my response below following the specific questions asked by the Committtee.
Questions for the access to inland waterways inquiry.
What is your interest in the issue of access to inland waterwaysLand owner?
I use rivers and lakes in Wales for waterborne recreation as a canoeist.
Are you a member of an organisation related to your use of water?
I am a member of the British Canoe Union.
Which stretch/es of water do you own/use/manage?
I paddle extensivly on the rivers and lakes of North Wales including the River Dee, the Tryweryn, the River Severn, the Banwy, Afon Alwen, River COnwy, Afon Ceirw and the River Wye.
In England I canoe on the River Severn, the Wye, the River Leam, the Thames and various canals.
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 own/use/manage.
I understand that I can definatly canoe on only 4% of the rivers in Wales, but that I could run the risk of being taken to court for trespass if I paddle any of the other 96% of rivers in Wales. What I have discovered though is that I am almost certainly likely to be subject to verbal abuse from other, bank based, river users.
I fail to understand how anyone can claim to own water runs over/above their land and thereafter onwards onto another area of land.
Would you like to see any changes to your legal rights?
Yes; I would like my rights to be clearly defined in law so that the legal situation is clarified. I would like to see a right to canoe the rivers on the premise that with such a right should come some responsibilities.
If yes, what changes would you like to see?
I consider that there should be no legal restrictions on access to what given that water, as a natural resource belongs to everyone.
Are you aware of any legislation that existis in other countries that could be used in Wales?
Yes, the Scottish Land Reform Bill in Scotland. Also in France the legal situation is codified providing a very clear legal situation.
Voluntary agreements
Do you have any experience of voluntary agreements for access to the stretch of water/s you own/use/manage?
Yes, but they are so restrictive as to be of little practical use. They are usually weighted in the favour of those who wish to fish a particular stretch of water. Also there is no way of knowing if such agreements exist for a stretch of water. THe last thing anyone is going to do is spend hours researching if thre is or is not an agreement in place when they are about to head out for the day.
If yes, please briefly outline the agreements that exist and your experience of how they operate.
I also understand that the Welsh Canoe Association 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?
I think they have little place in today's society. Potentially they could be used when short term exclusive access is required to stretches of water, for example when a fishing competition is taking place.
Are you aware of any voluntary arrangements in other countries that could be used in Wales?
No. As far as I am aware in most countries where they have been tried they have failed.
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.
In my experience voluntary access agreements tend to be restrictive, complicated and impractical. Generally neither party on the river knows the full details of the agreement and this inevatibly leads to conflict. More people enjoy canoeing and kayaking than ever before and this should be encouraged as a means to improve the health of the population.
I do not believe that access to the water can be delivered by using voluntary agreements, but that our access to the waterways should be enabled, and then protected, by means of codification similar to that introduced by the Scottish Land Reform Bill. Not only will this legislation enshrine and enhance the right of access to the water, but it will also 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.
In France both fishermen and paddlers share the use of the rivers. On many rivers such as the Ardeche River and the Allier access to canoeists is restricted to between the hours of 10am and 6pm. Fishermen are allowed unrestricted access from 6pm to 10am and share the water between 10am and 6pm. This situation works very well and no conflict results.
In England fishing and canoeing coexist peacefully on the River Severn. I see no reason why this situation cannot exist in Wales.
The fishing lobby often claim that canoeists disturb the fish, however Environment Agency research has demonstrated the opposite and I have had fly fishermen tell me that the passing of a canoe will often cause the fish to rise up off the river bottom and take their bait.
Thank you for allowing me the opportunity to respond to this consultation. I look forward to hearing the outcome of this excercise.
Yours sincerely
Gareth Digges La Touche
