Siome interesting stuff here from the Welsh Dee Splash funding to try and set up an access arrangement.
Looks like a good revenue source for WUF.  Pity they can't sort out our own canoe problems -then I remembered - there was a Splash grant available so why not?


Subject of complaint: Welsh Dee Partnership
Thank you for your letter dated 16th October 2014. It was good to meet you and discuss
your concerns regarding the Welsh Dee Partnership, and its support through the Splash
programme. For ease of reference I would like to answer the points you raise under a
number of headings below.
Legal background
We appreciate that this is a very emotive subject. Central to a number of points you raise
in your letter is the definition of what constitutes a public right of navigation. There is, as
we discussed, considerable disparity between the views of landowners, fishery owners,
anglers, and other river users. The right of access to the River Dee remains a source of
dispute and unfortunately continues to lead to confrontation on the river.
In June 2010 the National Assembly for Wales Sustainability Committee Inquiry into
Access to Inland Water in Wales stated:-
“It is true that some witnesses have suggested that ancient rights of navigation and access
exist on all rivers that are physically navigable. There is however, no modern judicial
precedent which supports this, and whilst we have considered the views of these
witnesses with interest, we cannot, for the purpose of our inquiry, base our
recommendations on a view of the law which is at odds with the one that is generally
accepted”

The report also set out in detail the Assembly’s understanding of the current application of
the current legal position in Wales and concludes that:-
“Unless a [statutory] public right of navigation exists, or the owner of the river bed, and/or
owner of the fishing rights where appropriate has given permission, then anyone who
travels along the stretch of water is committing trespass.
Ein cyf/Our ref:T2 ATI-05441a
Eich cyf/Your ref:
Natural Resources Wales
Llwyn Brain
Ffordd Penlan
Parc Menai
Bangor
LL57 4DE
www.naturalresourceswales.gov.uk
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We are not aware of any public right of navigation on the sections of the River Dee
covered by the Voluntary Access Arrangement. This was why the Splash Panel considered
a Voluntary Access Arrangement a worthwhile project to help address disputes over use of
the river
.
However, as discussed, we accept that the determination of current law in relation to a
Public Rights of Navigation on the River Dee (and elsewhere) is ultimately a matter for the
courts.

Splash
‘Splash’ was the Water Recreation Challenge Fund for Wales introduced in 2008. The fund
provided funding to public, private and third sector organisations to deliver greater public
water related recreation opportunities across Wales’s lakes, rivers, canals, reservoirs and
coast.
Splash initiative grants made available approximately £400,000/annum between 2008 and
2013 for projects promoting greater water recreation participation and better access to
water bodies.
The Splash programme’s stated aims were to support projects which:
- Promoted sustainable and responsible access for all;
- Provided new or improved access in areas where demand is high;
- Lead to increased participation;
- Encouraged participation in ways which minimised impacts on other users and the
wider environment;
- Reduced conflict between user groups;
- Considered environmental, social and economic factors in their development and
delivery
.
We (Natural Resources Wales and formerly Environment Agency Wales) administered the
Splash programme on behalf of Welsh Government. All projects were considered against
the Splash criteria and required panel approval before funding was agreed. The panel
included a Welsh Government official.
We have reviewed the projects and can confirm that both the Wye & Usk Foundation
funding applications submitted for the River Dee were properly considered against the
Splash programme’s criteria and approved for funding by the Splash Panel.

Voluntary Access Arrangements
In the absence of any proven legal right to access the River Dee, access has been
tolerated at best and has often been a cause of conflict. The voluntary access
arrangement was therefore an attempt to formalise an understanding of when the river can
www.naturalresourceswales.gov.uk
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be used for paddle sport alongside angling interests, delivering benefits in accordance with
the main aims of the Splash programme.
The approach taken on the River Dee is better referred to as an ‘arrangement’ and not an
‘agreement’. The ‘access arrangement’ is in effect a statement of permission by the land
and fishery owners allowing paddle sports to take place in accordance with stated
conditions, and is intended to accommodate different recreational use, minimise conflict
and protect the environment. The arrangement brokered and promoted by Wye & Usk
Foundation and then the Welsh Dee Partnership attempts to reduce conflict by setting out
times, river heights, and zones for where and when paddle sport can take place.
The use of the river outside of the access arrangement remains a matter between the river
user and the land and fishery owners.
Commercial Operators
It is true that the commercial operators that chose to be party to the arrangement make a
financial contribution. But it is also true that the three angling clubs financially support the
running of the partnership to ensure it remains viable. Canoe Wales in response to The
Welsh Dee Partnerships announcement on access (1st September 2014) states that 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”
Commercial operations allow member of the public, who independently do not possess the
skills, to participate in water related recreation like rafting, paddle boarding, tubing etc.
The businesses are in themselves an important part of the local economy and are
responsible for encouraging many visitors to the Llangollen area who in turn support the
local shops, cafes and other services.
On many rivers it can be the commercial operations that have the potential to cause the
most environmental harm. On the River Dee this has been regulated by the arrangement.
Stakeholder Engagement
Access arrangements are notoriously difficult to organise because of the range and
number of stakeholders along the length of a river. We are talking to Wye & Usk
Foundation and Welsh Dee Partnership about their stakeholder engagement and though
we are aware that Canoe Wales did attend an initial meeting, we recognise the need for
better input from and liaison with the other users of the river in the future, particularly the
paddling community.
University of Brighton “Evaluation of SPLASH Grant Scheme VAA's 2008 – 2012
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The University of Brighton’s “Evaluation of SPLASH Grant Scheme VAA's 2008 – 2012”,
which was published following the approval of the project in 2013, recommended an
independent facilitator be involved in negotiating any voluntary access arrangement.
In 2013 / 2014 the appointment of the ‘River Access Officer’ was a collaboration with
Cadwyn Clwyd (a Rural Development Agency, which provides guidance and support to
develop and diversify the rural economy in Flintshire and Denbighshire). It was hoped that
this collaboration would provide a level of impartiality, more specifically when acting as a
point of contact for all rivers users and riparian owners in relation to the arrangement.
You may be aware that the Splash programme has not continued this year (2014 / 2015).
Welsh Government are looking at options around future funding for water recreation
activities in Wales. We will ensure that Welsh Government are aware of the concerns you
and others have raised. Welsh Government will be considering all available evidence and
evaluations when considering a possible new programme, including whether to support
voluntary access arrangements, and if so how they are implemented.
Funding


The Wye & Usk Foundation were awarded two grants to help form the Welsh Dee
Partnership and set up the access arrangement.
2012 / 2013 Project Ref SPL3-030
In 2012 Wye & Usk Foundation were awarded £10,312. The grant was awarded on the
basis that £6,312 (capital funding) was spent on building and construction elements of the
project, and £4,000 was spent on project officer costs (revenue funding).
A condition of the grant offer was if the project was delivered under the expected total
project cost of £25,712 (as stated in the application) then 40% of the actual total project
would be paid in contribution towards the eligible costs stated above.
In 2012 the actual total project cost was £25,654.48 and therefore on delivery of the
project Wye & Usk Foundation were paid 40% of this figure which equated to £10,261.79
towards building and construction, and project officer costs.

2013 /2014 Project Ref SPL4-009
In 2013 / 2014 a maximum Splash grant of £23,000 (revised from £20,000 to include an
additional £3,000 in support of the River Access Coordinator post) was awarded to Wye &
Usk Foundation for costs incurred in relation of setting up the access arrangement
including:-
• The cost of setting up and facilitating meetings to discuss and negotiate the access
arrangements, including staff time for meeting attendance.
• Implementation of the arrangements, with the long term aim that the management
of access becomes financially self-sustaining.
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• Infrastructure improvements, which could include essential signage and
access/egress improvements.
• Promotion of the access arrangement and stakeholder engagement.

An expenditure plan submitted by Wye & Usk Foundation gave further detail:-
Item Detail Cost
1. Access point infrastructure and
signage
Potential creation of new access point,
maintenance of existing ones. Includes
related infrastructure, signage etc.
Welsh Dee Partnership Ltd to manage with
Wye & Usk Foundation to design & produce
signs when necessary.
Up to £10,000
2. Development of Welsh Dee
Partnership website
To include access arrangement details, news,
fishing promotion, integration of Dee fisheries
into the booking system, and
Managed by Wye & Usk Foundation
Up to £4,000
3. Leaflets & other promotional
material
Designed and produced by Wye & Usk
Foundation. Welsh Dee Partnership to
distribute.
Up to £4,000
4. Project management &
administration
Claims, reports etc. Wye & Usk Foundation Up to £2,000
TOTAL Up to £20,000
In January 2014 in addition to the £3,000, it was agreed that the £4,000 initially identified
for leaflets & other promotional material would support the River Access Coordinator post
in collaboration with Cadwyn Clwyd.
In 2013 / 2014 Wye & Usk foundation were paid £13,014.40 following submission of the
necessary documentation.
Project