BCU Rivers Access Campaign

The British Canoe Union (BCU) has a Rivers Access Campaign and is working hard lobbying the Government to change the access situation in England and Wales.  The access issue is firmly on the Government’s agenda, not only through the work of the BCU Officers but also because of all the lobbying undertaken by members and non-members.

It is important that the issues surrounding water access are raised to the general public in order to gain awareness of the inequalities of the situation and to gain greater support.

For more information on the campaign and changes that are taking place visit the Rivers Access website.  Log your support for the campaign via their website.

Access to rivers is a concern for us all (especially if you want to canoe or use the waterways in England and Wales).  Even wading in a river that has no access arrangements could mean that you are committing trespass.  The purpose of the Rivers Access Campaign is not only to raise awareness of the access issue on inland waterways in England and Wales but to bring about a change in the law.  The campaign is being undertaken by the BCU on behalf all members of the public.

Facts

• Only 2% of rivers in England and Wales have Public access;
• The public do not have access along 65, 000 kilometres of rivers in England and Wales;
• Whoever owns the land along the river (the riparian owner) also owns the property rights to the river bed. They don’t own the water itself, only the land it passes over;
• If a river doesn’t have a public right of navigation and you haven’t got consent from the riparian owner, you are committing trespass by paddling on or even wading in it;
• Nearly all the most beautiful inland rivers are not accessible to the public;Canoeing is an increasingly popular recreation, and is not socially exclusive;
• Canoeing is an affordable means of getting “on the water” for everyone, especially young people, families and the retired;
• Providing greater access to the rivers will enable a healthier and fitter nation as canoeing and other water sports are very much about participation.

We have been given the RIGHT TO ROAM - But not PERMISSION TO PADDLE!

England and Wales are two of the hardest places in the world to gain access along rivers.

In the rest of the world access along inland waterways is open to all users without restriction.

Access to Inland Waters in England and Wales - Frequently Asked Questions

1. Why is there an access to rivers issue?
Problems for canoeists and others, who want to navigate along waterways or even wade in them, can be said to have started in the 19th century when a legal precedent was created, viewing inland waters as private, the property of the landowner who owned the river/lake banks. At no time has Parliament passed such legislation. The legal position is therefore contentious.

In England and Wales the canoeist does not have an automatic right to launch on to any river. The legal situation is different from all other countries in the world, where canoeists are generally able to paddle large and small non-tidal rivers without seeking permission, as the beds of these rivers are not considered to be privately owned and not controlled by riparian owners.

Access to water was not included in the Countryside and Rights of Way Act 2000 despite the efforts of the BCU in the reading stages of the Bill passing through Parliament. Subsequent representations were made on this omission by the BCU to ministers who recognised this as an issue.

2. How much access to rivers have we actually got?
The Government commissioned report "Water-Based Sport and Recreation – the facts" published in December 2001 established;

• There are 68,310 kilometres of rivers in England and Wales;
• 179 kilometres of these rivers have navigation rights;
• There are over 66,000 kilometres of rivers with NO ACCESS ;
• Less than 4% of the linear river resource in England and Wales has any public access or right of navigation.

Note: Canoes and other small craft can use narrower waters and in fact the smaller streams often offer the most interesting and challenging water so the true figure for navigable rivers is substantially greater and the percentage available substantially less.

3. What has been done to try and sort the access issue out?
Canoeists have ensured that access to rivers is firmly on the Government’s agenda – more progress on awareness-raising has been made in the last three years than in the previous thirty. The British Canoe Union is leading a national campaign to raise awareness and lobby for change. Increasing publicity and debate is being generated; however, fifty years of effort to create voluntary access agreements have made very little progress.

4. Who is the campaign for?
The campaign is being undertaken by the British Canoe Union (BCU) on behalf all members of the public. A web-site www.riversaccess.org has been developed to encourage all members of the public whether they are BCU members or not to assist in raising awareness of this important issue.  It is not just canoeing that is hampered by this problem (we are the first to realise it) other sports such as rowing, swimming, gorge walking, etc will all have the same problems. It is now time to have a legal position which avoids further conflict and allows fair access for all.

5. Why not go for voluntary agreements?
Successive governments have encouraged canoeists to negotiate voluntary access agreements. From over 66,000 kilometres of rivers in England and Wales without a public right of navigation, only 812 kilometres of highly restricted access have been negotiated. Some agreements are for just a few days each year adding very little (1.2%) to the 4% of inland waterways with a public right of navigation. Ultimately, access is in the hands of riparian owners. If they refuse to engage in negotiation, there is no way canoeists can make progress. This leads to unauthorised access to rivers and possible conflict. For example, in Wales there are 300 rivers. Negotiated access has been possible on only eight of these. Previous very restricted access to the River Dee has been completely withdrawn by fishing interests, though there is no evidence of damage to fishing interests through canoeing.

 6. What are the Brighton Reports?
The Government agreed to look more closely at the vexed issue of rivers access, commissioning Brighton University to research the issues. 

 Potential Solutions – From “Water-Based Sport and Recreation – the facts" published in December 2001
The report considers the 8 following policy scenarios for addressing user wishes and the problematic issues associated with water-based sport and recreation;

• Minor development of current planning policy and strategies;
• Targeted purchase of services and revised funding arrangements;
• Targeted acquisition of land and water rights;
• Voluntary agreements;
• Voluntary agreements with dedication;
• Compulsory access orders;
• A selective increase in statutory rights of navigation;
• Statutory rights of navigation to all major rivers, canals and water bodies.

Following the publication of the DEFRA/University of Brighton Report "Water Based Sport and Recreation - the facts"; (2001) the Countryside Agency was asked to take the lead in setting up some pilot projects in England to examine access agreements.  The University of Brighton was re-appointed for a further study on canoeing and access - “Improving Access for Canoeing on Inland Waters by Voluntary Agreement: A study of the Feasibility of Access Agreement."  This concluded that access agreements were very difficult to create and difficult to maintain. Demand could not be met for increased access in prime areas for canoeing, for example upland areas and national parks. Pilot projects to increase access to four rivers are proving time consuming and expensive.

The British Canoe Union agreed with the Government that they would look at the voluntary agreements via 4 pilot studies the Environment Agency are undertaking. However, they have grave concerns over the effectiveness of them. There are concerns over the cost of the four pilots, not only in terms of time but in actual cost. Hundreds of thousands of pounds have been spent to potentially gain about 70 kilometres of water out of over 66,000 kilometres of rivers where there is no access! Is this approach a feasible or practicable strategic solution? The rivers chosen for the feasibility study are not exactly attractive options for the canoeist as there is no huge demand to canoe on the River Mersey, for example.  On the basis of these preliminary findings it is clear to the BCU that negotiated voluntary agreements cannot be seen as a satisfactory strategic approach to increasing access to water.

7. If I go on or in a river with no access will I be committing trespass?
Many inland waters in this country, especially the smaller and upland rivers, are considered to be privately owned and to canoe on them without permission could constitute an act of trespass. Where there is no public launching point, or a public footpath to the water’s edge it is necessary for the paddler to get permission to cross private land to access the water.

8. Does canoeing disturb fish/fish stocks?
Effects of Canoeing on Fish Stocks and Angling – Research and Development Technical Report W266.  The research undertaken by the Environment Agency on behalf of the Angling and Canoeing liaison Group – a group established to encourage communication between angling and canoeing communities – involved consultation with both canoeists and anglers along with independent opinion from a panel of 10 experts.  The research found that there is no empirical evidence linking canoeing with damage of spawning grounds and stocks.

9. Can fishing and other watersport activities undertake their activities in harmony?
We believe they can. Fishing and other watersport users are able to use the rivers and lakes in harmony all over the world so why not in England and Wales? Scotland has a long history of the waters being shared by all. The recent (2003) Land Reform Act in Scotland provides an ideal model for how England and Wales could progress in this area of access.

10. Anglers pay a lot to gain access to rivers. Why shouldn’t canoeists pay?

• Anglers pay for rivers to be stocked, banks cleared and bailiffs to be employed, as well as for the fish they remove. In fact, the Environment Agency (i.e. the taxpayers) contributes an extremely large percentage of these costs. Canoeists need none of these, simply seeking to pass quietly down the river. Ramblers and riders do not pay to access paths or bridleways, so it is argued that access for canoeists should not require payment. However, river canoeing, particularly white water canoeing is a winter sport, coinciding with maximum river flows and the fishing closed season. A great deal of revenue is contributed to local economies for accommodation, meals, shopping and fuel, at times of little other tourism revenue;
• Access to rivers is fundamental to the needs of canoeists. In almost all cases you can legally paddle without a licence on tidal waters, though you may need to pay harbour dues. You can also legally paddle on rivers with ancient and prescriptive navigation rights such as the Wye below Hay-on-Wye and the Severn below Pool Quay near Welshpool, though a licence is needed below Stourport;
• Elsewhere, the BCU Licence, which all members receive as one of the membership benefits paid for from their subscriptions, enables them to paddle on many of Britain’s canals and statutory navigations. The majority of licences needed are included within BCU membership. 

11. Canoeing and the economy
The philosophical viewpoint that canoeists and other users should have free access to rivers in England and Wales (in the same way that walkers have free access to footpaths) has led to an unfounded and incorrect assumption that canoeists are unwilling and do not contribute to the economy. This is far from the reality. In fact, the British Canoe Union spends over £100,000 on annual licences on behalf of members (50,000). With over two million UK paddlers in total (RYA survey), many of whom purchase licences directly, it is fair to conclude that the contribution to the economy is significantly substantial.

In addition canoeists regularly pay for access to facilities for recreation and competition. Some canoeists would be prepared to contribute more if it meant greater rivers access.
Furthermore, aside from the direct contribution canoeists make, there is also the indirect contribution in terms of expenditure on fuel, accommodation in rural areas. The BCU, have taken this to indicate that the sport's impact could be as much as £700 million in the UK.

12. What about paddling in Wales?
Wales has the same access issue as England, but go to the Welsh Canoe Association website and you will find information on all the rivers and what rivers there are access agreements for.