An agreement may have been struck over access rights to a section of the River Dee – but the row over who is entitled to use the water looks set to rumble on.
This isn’t just an issue affecting the 10-mile stretch running between Glyndyfrdwy and Llangollen, it’s a long-running dispute that has divided river users across the country.
Angling clubs and fishery owners are adamant that water running next to privately-owned land is off limits to canoeists and kayakers, and that they must seek permission from “riparian landowners” in order to use it.
But boat users see it differently, arguing that there is and has always been a public right of navigation on all rivers.
It’s now come to the point where the Angling Trust has launched a legal challenge against canoeing bodies in England and Wales, accusing them of publicising “incorrect information” and contributing to “widespread trespass”.
A group of canoeists who formed a company called The campaign for River Access for All claims there was a public right of navigation on all rivers prior to 1750 and that it still exists, adding that landowners may own the banks and beds of a river but they cannot own the flowing water itself.
Locally, the Welsh Dee Partnership Limited (WDP) was formed in 2012 to promote good relations between anglers and canoeists on the Welsh Dee in the Llangollen area.
The Welsh Government has no plans to impose universal access for canoes to rivers across the country and is instead supporting the creation of Voluntary Access Agreements.
DWP announced its “landmark agreement” last week saying it will provide “improved” access on the 10-mile stretch.
Chairman Huw Evans said: “I am delighted that the access has been finalised. This will enable canoeists and fishermen to enjoy the river without conflict.”
But not all river users share his view, with many saying the agreement has no bearing on them as it is only held between the angling groups and commercial operators signed up to it.
Phill Thomas, from Llangollen and a kayaker of 20 years, said: “A voluntary access agreement is only voluntary if everyone agrees to it.
“Provided you find somewhere open to the public to get on and off the river then the bit in between is irrelevant. There is no such thing as trespassing on water.”
He also feels the agreement is restricting access rather than improving it, with rules such as no wild swimming and no fishing from canoes.
“I think it’s very odd”, said Phill. “If you fall out of your canoe or kayak do you then become an illegal swimmer?”
Canoe Wales says it is not bound by the agreement as “regrettably” it was put together without them.
A statement released by the organisation said: “It is understandable that the commercial outdoor companies on the Dee wish to enter into a mutually beneficial relationship with angling bodies.
“We welcome collaboration and partnership working in the management of our waterways and seek to work productively with all our partners.
“Canoe Wales will issue or endorse guidance on responsible use. Regrettably in this case Canoe Wales has not been party to this agreement. This agreement can therefore only be seen as being between the parties involved.
“We would welcome discussion with the Welsh Dee Partnership on an ongoing basis regarding this matter.
“We would request that The Welsh Dee Partnership amends its website to say that their statements only apply to the commercial bodies and angling clubs involved in the agreement.”
Tony Gaskin, WDP river access co-ordinator, clarified to the Daily Post that there was an agreement struck with the commercial operators but that the wording of the access rights has now been changed to “arrangement”, meaning it extends to members of the public who can now use the river “without fear” as a result of the concessions offered by the landowners.
Mr Gaskin said: “There isn’t a public right of way on the Dee. This will mean it’s open to all paddlers at certain times if they want to use it for paddling.
“It’s a step in the right direction, it provides some allowance for people to paddle without fear.”
Last month, the Angling Trust announced that legal action to force canoe organisations to stop publishing information which they claim “encourage unlawful behaviour” is the only option.
The action will be backed by subscription income from Fish Legal members along with donations made over the past year from more than a hundred angling clubs to the Sustainable Access Campaign Cymru.
Chief executive Mark Lloyd said: “We are taking action to stop the canoeing governing bodies publishing inaccurate information and to protect the rights of our member angling clubs and riparian owners.
“This may now include court proceedings. Our members have often tried to make agreements with canoeing clubs for greater access, with reasonable conditions to protect the water environment and avoid interference with fishing.
“However, these offers are repeatedly rejected, because the canoeing governing bodies insist that such agreements must allow unlimited access, or that permission is not needed.”
He added: “We hope that this legal action, if it proves necessary, will settle beyond any doubt the issue of rights to navigate on rivers. We need the canoeing governing bodies to recognise that the law is clear and that permission is required.
“If this occurs, then we will be happy to work closely with them and our members to develop access agreements which make it possible for more people to go canoeing more often, without breaking the law or unreasonably interfering with angling.”
The British Canoe Union said it was “disappointed” to receive letters from Fish Legal – the legal arm of the Angling Trust.
A statement said: “The British Canoe Union would like the Angling Trust to clarify and identify to canoeing the precise word(s)/parts of those publications that the Angling Trust takes issue with, for example the statements from our websites that it says have encouraged a ‘recent upsurge in unlawful canoeing’.”
The Rivers Access Campaign – funded by Canoe England – says it is seeking “clarity and certainty of access” for river users in England and Wales.
It would seem with the threat of legal action that perhaps the issue will finally come to a head sooner rather than later.
To see the full details of the river access arrangements visit
www.welshdeepartnershipltd.co.uk/river_access
