Sustainability Committee

Inquiry into access to inland water in Wales

Mick Bates
Chairperson
Sustainability Committee
Cardiff Bay
Cardiff
CF99 1NA

Dear Mick,
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?

Active game fisherman - occasional canoeist - sometime sailboat racer.

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

Yes - Glyn Neath angling association
Ex member of British Canoe Union

Which stretch/es of water do you use?

Fishing: Regularly on the Neath, Hepste, Mellte - occasionally on the Usk and Wye system and very occasionaly the Teifi system. From time to time on the Lliw, and Elan system.
Canoeing - where and when I want on rivers - the lakes and, more importantly reservoirs, are effectively closed.

Legal rights

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

No - not by a long long way

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

I buy the right to fish for approved species from the appropriate right-holder.
There is no holder of such a right for navigation - this is in real need of clarification - the assumed position is that of the WCA.

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

Yes. - They need to be codified.

If yes, what changes would you like to see?

The inland waters - river lake and reservoir - are the property of the welsh people and should be used to the benefit of those people the use of the fishing resource has some need of control, and with this a historical set of rights and matching duties. The historic use for navigation is not subject to the same well-developed set of rights and duties.
The Scottish Parliament, in its Land Reform Act, took the view that a right of navigational use for unpowered craft would be presumed and that all water would be considered navigable - excluding garden ponds - this has to a very large extent, been a success with little in the way of conflict and notably no diminution in the Salmon angling revenues - anyone in any doubt of this is welcome to price a week on the "Junction Pool" at Kelso in October.
As that relatively rare animal, a paddling angler with extensive white water experience, I have come to believe that the conflict between paddler and angler is largely artificial - at least on the fast flowing spate rivers of Wales where; when the river is full enough to paddle there is no point in disturbing the rod, and there is no mileage in trying to paddle a Mayfly hatch

In South Wales almost all of the inland still water is in the form of reservoirs and in the hands of Welsh Water (Dwr Cymru).
The enemies of Fisherman , Canoeist and Sailor alike - why when Llangorse is used for sailing, fishing, and paddling is the entire Elan system out of bounds for paddling and, as a result, near unfishable except in low water conditions (Try wading the south bank of Claerwen).
Ditto Llyn Brianne - a salmon river dammed, a famously scenic gorge lost - 530 acres and 13 billion gallons of water with no recreational activity at all - NONE.
There is no rational excuse for this behaviour - and I do not believe that W.W. will mend their ways unilaterally -

Legislation is required so as to grant people, both Welsh and tourist, access to these magnificent places.

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

Yes, Scotland - the Scottish Land Reform Bill
(N.B. Not seen as an issue in most of the civilised world - See Norway, Sweden, Germany)

Voluntary agreements

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

No Longer

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 only be used when short term exclusive access is required to stretches of water for sporting or maintenance purposes

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

Yes, Stanley to Thistlebrig, 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.

I've paddled for forty years and fished for fifty - neither paddlers nor anglers believe that the "Other Side" will negotiate in good faith and create local voluntary agreements - it is simply not happening now, and never will without primary legislation.

Much the same can be said of Welsh Water's "Just Say No" access campaign - which treats Anglers, Paddlers and Sailors in just the same way.

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

Doug Reid