Access to water in England and Wales is restricted due to the common conception that permission is needed to access and use water that is not tidal or does not have a public right of navigation. In other countries, access to water is unrestricted, and permits those involved in non-powered water sport to use both inland rivers and lakes.
Parallels can be drawn between access for cyclists to highways and that of canoeists to inland waters. As non-polluting vehicles that promote health and well being, there is no need to be licensed, and in the absence of facilities to improve or enhance the enjoyment of the sport there is no need to pay for the use of a natural resource. It is clear that the act of canoeing presents a minimal impact to the environment.
The British Canoe Union and Welsh Canoeing Association have been continuously advised by government to secure access to water via voluntary agreements. Access Agreements have been sought for over 50 years.
This approach has not delivered.
The supply has not met demand.
In Wales only 13 of the 300 rivers that are canoeable have any form of access agreement. Even the majority of these agreements are antiquated and fail to meet the needs of today’s canoeists. They are restrictive in nature, usually permit use of small sections of rivers only and are for short periods of the year. Canoeing continues 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.
Recent Government studies confirm what canoeists have been saying for years: that access for canoeing is not freely available and is in short supply.
These studies have shown that access agreements cannot provide the necessary water resources needed for water sport.
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. However, the Government decided that they way forward was to pursue further agreements in 4 study areas in England over a 2 year period. There is no guarantee that these studies will deliver acceptable agreements for canoeing. Furthermore, in England and Wales there are 7816 rivers to address.
The WCA does not accept that further access to water can be delivered by utilising the same methods that have failed again and again.
The WCA feels 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.
It is the WCA’s submission that the law in relation to access to non-tidal water is unclear and lacks a definitive position. The research of Rev. Doug Caffyn suggests that a historical right of Navigation already exists on a vast number of waters; however, the law is unhelpful by being unclear.
Antiquated and unclear legislation causes the problems of access to water. Legislation must evolve.
The Government is responsible for legislation and its adaptation. It is the WCA’s submission that responsibility for inaction and the problems that this causes will also remain with the Government.
Ashley Charlwood
Access Development Officer
Welsh Canoeing Association
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