SC(3) - AIW25

Sustainability Committee

Inquiry into access to inland water in Wales

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

My interest in access to our inland waters are two fold. On one hand I am a recreational paddler. I love to canoe and kayak. I have paddled all around the world in places such as the Northern Territories of Canada, the USA, France, Spain, Sweden, Africa and New Zealand. Yet I cannot paddle the river across the road from me without incurring the wrath of my neighbors!

Secondly I work as a Deputy Head in an Outdoor Education Centre. We work with young people from all sorts of background from affluent families to kids who turn up to a week long course with nothing but the clothes on their backs. One of the most notable pieces of work I have done to date was to take a group of "at risk" young people on a week long canoe expedition. We had to go to Scotland as there are no access agreements on or local waters.

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

I am a member of the Welsh Canoeing Association with whom I am a registered coach in both canoe and kayak.

Which stretch/es of water do you own/use/manage?

Legal rights

I am not at all clear on my legal rights to access once on a river.

However in conversation with local water bailiffs I am lead to believe that for some reason, unlike to my knowledge and experiences in my travels every where else in the world, I have no rights to canoe any stretch of water in my area (or England and other parts of Wales)  which are non-tidal. There are some rivers near by where there are rights of navigation however these are on rivers far from me and present little interest. I have had conversations with police officers when accessing a local river, having had agreement from a local land owner to cross his land. The police where contacted by the land owner on the opposite bank, which we where no where near. The police officer said he only came to chat as the land owner had concerns for our safety, for which he had no qualification to ascertain, the river was at a perfect level to paddle, as a qualified canoe coach for the last 15 years I had no concerns for our saftey. The police officer said it was not the first time they had been contacted by this particular land owner, who had clearly figured out what to say if he wanted to create issues.

I understand that I can walk along a footpath alongside a river carrying my boat however cannot put my boat on the water without permission as somehow someone has managed to retain rights to the water that falls from the sky!! However if that water should burst the river banks, as it frequently does near me, I cannot hold that owner to account for the loss of income of assets that may get damaged by that water that he/she owns.

In my place of work we have a small stream which is a popular spawning ground for fish. We ensure the stream is kept clear to encourage fish stocks. I understand that my taxes are used by the Environmental Agency to, among other things, ensure fish stocks are kept up. The Environmental Agency has asked us to keep clear of the stream during December to January as the fish reed; however after that have said there are no issues with the children playing in the stream. So my efforts and taxes are being used to encourage fishermen in there stranglehold on the rivers, yet the Environmental Agency say it is fine to play in the rivers; how can we be causing damage by passing over the river bed in our boats?

I have been verbally abused and even had children under my charge verbally abused on our local rivers, even on tidal sections, by aggressive fisherman.

I would like to see our access agreements brought in line with Scotland's where I have paddled past many a happy fisherman with a smile and a wave from all parties.

Voluntary agreements

I have had some experience of voluntary access agreements in North and South Wales. I have paddled sections of the river Dee on one of the 4 days access where hundreds of canoeist are shoe-horned down a fantastic section of river on one of the brutally short weekends access.

I have paddled sections of the Usk and Wye during a certain time of the year where access has been agreed but been challenged by both fishermen and land owners, again abused.

In my experience voluntary access agreements do not work. They are often wrapped up in bureaucracy often asking paddlers to obtain written agreement to paddle a river weeks in advanced of a proposed trip. This limits the paddlers flexibility and often forces the paddler onto a section of river on a day when water levels may not be safe or environmentally sustainable. Even with these agreements we are still verbally abused.

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 am in agreement with the Petitions Committee's short inquiry into Access Along Inland Water, which has clearly highlighted the issues present and their recommendation that the Land Reform (Scotland) Act 2003 provides a useful basis from which a unique Welsh model of legislation could be developed.

I very much look forward to your response.

Gethin Thomas
Deputy Head
Oaklands OEC