In 2000, the Countryside and Rights of Way (CROW) Act improved public access to more natural spaces. It introduced a statutory right of access to mountains, moorland, heathland, downland, and registered common land. It meant the public had a “right to roam” without being restricted to public rights of way.
However, for those who love the water – paddlers, swimmers, and others – the act was a disappointment. Rivers, lakes, canals, and most inland waters were excluded from the legislation. The exclusion of waterways was a complex issue.
England and Wales have a fragmented system of ownership and navigation law for rivers and lakes, with most being privately owned. The land beneath the water (the riverbed) typically belongs to adjacent landowners. While clear navigation rights exist on certain rivers managed by authorities like the Environment Agency or Canal & River Trust.
Access to uplands was perceived as clearer. Extending the "right to roam" to waterways was anticipated to face strong opposition from landowners and those with fishing rights. Navigation authorities also raised concerns about liability and safety, particularly in areas with varying water levels, and weirs.
The CROW Act was the result of delicate political negotiations between access campaigners, landowners, and rural lobby groups. The government had to reassure landowners that the reforms would not undermine broader property rights.
Waterways were deemed a "step too far" to ensure the Bill could pass quickly, narrowing its scope to land-based recreation only. Debates in both the Commons and the Lords highlighted this contentious issue, with amendments seeking to include waterways ultimately failing.
Despite the CROW Act's limitations regarding water access, the debate and campaigns for reform continue. The exclusion of inland waters remains a point of contention for water users. Voluntary arrangements, encouraged by bodies like the Countryside Agency and the Environment Agency around the time of CROW, remain the policy today, despite a lack of significant increase in access over the past 25 years.
Organisations like Paddle UK, alongside swimmers and other water users, continue to advocate for reforms to extend access to more rivers and inland waters. Recent reports, such as the "Outdoors For All: Recommendations For Government" by the APPG for Outdoor Recreation and Access to Nature, emphasise the need for the government to address access to "blue space."
Paddlers are responsible users, and guardians, of our waterways. In 2025, we had our biggest Big Paddle Cleanup so far, with over 4,000 volunteers shifting tonnes of plastic waste and junk from our rivers and canals. A huge achievement.
The journey to a comprehensive "right to roam" that includes our vital waterways is ongoing, and we hope the forthcoming Water Reform Bill will help change that. We and many others hope for a future where both land and water are more accessible for all to enjoy, and protect nature.
The opinions expressed in this blog are the authors' and not necessarily those of the wider Link membership.
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