Anti-sewage campaigners stage paddle-out protest on river next to Thames Water HQ

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River users alarmed at water pollution caused by Thames Water sewage spills will tonight at 17:30 stage a paddle-out protest on the River Thames near to the water company’s HQ, in an action coordinated by River Action and Surfers Against Sewage.

It follows localised water quality testing by citizen scientists in the area revealing E.coli to be present in the water. The testing took place between 9th June and 19th June and found an average of 741 E.coli colony forming units (CFUs) per 100ml. This is considered just below poor water quality by the Environment Agency (which is at 900CFUs) for bathing water quality standards, indicating that sewage is present in the river near to the headquarters of Thames Water and could cause sickness.

Chloe Peck from River Action, the group that supervised the water quality testing, said, “It is ironic that the testing we’ve done on the water near to Thames Water’s HQ indicates the river there is just about safe to swim in because wherever else they operate and we have taken water samples their sewage pollution presents a major health risk.  

“Earlier this year we found extraordinarily high levels of E.coli on the Thames used for the university boat race – 9,500CFUs – and in that case rowers did get very sick. Our message to Thames Water is a simple one: take responsibility for polluting the nation’s capital river, clean up your act and invest to fix your leaky infrastructure. Meanwhile, in this General Election we urge voters to hold politicians accountable and prioritise candidates that want clean rivers. Nothing short of a total overhaul of the water regulators and refinancing of Thames Water – putting people and nature before profit – will do.”

Giles Bristow, chief executive of Surfers Against Sewage, whose End Sewage Pollution campaign is touring the nation in the run up to the General Election and helped to organise the paddle-out protest said, “Thames Water’s greedy, grasping hands are stained with the utter filth they have been spewing into this iconic river. Our waterways should be havens for wildlife and wild swimmers but these precious public spaces have been hijacked by an industry single-minded in its pursuit of profit. From the riverbanks to the beachfront, we’re hearing loud and clear that a furious British public is ready to reclaim our waterways from the polluters.

“Communities across the UK helped lift the lid on the sewage scandal and they are now demanding to know how their prospective parliamentary candidates plan to end sewage pollution. Working alongside our friends at River Action, we’re delighted to give those in Reading a platform to do just that.

“A week in to our UK election road trip, we have been blown away by the passion and pride people have for their local waterways. One thing is clear: no matter who wins the election, the public demands an end to the sewage scandal and a thriving future for our rivers and seas.”

Hustings tonight

Tonight at 1830, River Action and Surfers Against Sewage co-host a General Election hustings where candidates from the constituencies of Reading West & Mid-Berkshire and Reading Central will provide voters with the opportunity to understand how they would address water pollution on the River Thames and how their parties will solve the crisis nationally.  Attending:

  • Carolyne Culver, Green (confirmed)
  • Henry Wright or Helen Belcher, Liberal Democrats (confirmed)
  • Tony Page, former Mayor of Reading (confirmed)
  • Olivia Bailey, Labour (not yet confirmed but likely)
  • Raj Singh, Conservative (not yet confirmed but likely)

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

Media can attend both the paddle-out protest and the hustings. For the paddle-out at 17:30 the meeting point is Hill Meadows Car Park, RG4 8DH. The hustings take place at the same location.

How do rivers fare in the manifestos? A review by River Action

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By James Wallace CEO, River Action UK

The water pollution crisis in our rivers, lakes and seas is one of the leading issues for the 2024 general election. River Action, joined by communities and organisations nationwide, has raised the alarm and called on voters to join the campaign. But are suggestions like The Charter for Rivers reflected in the manifestos?

Freshwater is the lifeblood of our land, enabling food and water security, underpinning our economy, literally sustaining lives. But our rivers and lakes are dying – only 14% of rivers in England are in good ecological condition and 83% of rivers are highly polluted by sewage and agriculture. 

Earlier this year, water quality testing from River Action revealed high levels of dangerous E.coli bacteria in the River Thames ahead of the famous Boat Race. With 3.6 million hours of raw sewage spilled in 2023 and water companies accruing £64 billion in debt since privatisation while rewarding shareholders with £78 billion of dividends, this is no surprise. Known by many of our neighbours as ‘The Dirty Man of Europe’, the UK has some of the worst water quality.

Meanwhile, we risk running out of clean freshwater with no joined-up national plan. Water companies leak 3 billion litres every day, and we are facing a shortfall of 5 billion litres a day in just a few years.

Now that we are clear on the scale of the crisis, let’s look at how our rivers, lakes and seas could be protected and restored in the next government.

Labour

Starting with (according to the polls) the frontrunner candidate for the next government. The manifesto essentially wrote itself from various recent Labour announcements. Having first trumpeted it would ban bonuses for polluting water company bosses’ in October 2023, they have made it a top feature in the manifesto. Likewise bringing criminal charges against persistent lawbreakers. This is a welcome policy but not the urgent systemic root and branch regulatory reform needed.

How, we wonder, will they accelerate the penalty and prosecution process, having committed to automatic and severe fines? It took 6 and 4 years respectively for Thames Water and Southern Water to be prosecuted for major fish kills by the poorly performing Environment Agency. It needs a new bold government to give the enforcers back their sharp teeth. Labour’s commitment to independent pollution monitoring is well received. We can’t have polluters marking their own homework. But, with the Environment Agency notoriously turning-up late and downgrading serious pollution incidents, we need the threat of immediate inspections reinstated to rattle illegal polluters.

In March this year, Labour vowed to put water companies into special measures to force them to clean up their toxic mess and protect people’s health. This made the manifesto, but the party has been light on detail of what these special measures would be. For example, what is their commitment to ensuring the taxpayer does not bail out a failing water company like Thames Water?

Labour has remained quiet on agricultural pollution, likely due to its targeting of rural votes and pacifying the National Farmers’ Union. The manifesto recognises that the Environmental Land Management scheme (ELMS) must work for farmers and nature. But unlike the other manifestos it does not put a number on what support would look like. A missed opportunity to support struggling farmers.

Surprisingly, there is nothing on water scarcity – how can a party claim to prioritise growth when our freshwater, therefore economy, is at risk of drying up? 

Conservative

With the backdrop of an attack on net zero costs and threat of new oil and gas licensing rounds, the Conservative’s environmental manifesto pledges are a roundup of the policies introduced while in government. Why does it take an election to announce reviewing Ofwat’s dreadful Price Review process? They lack ambition compared with 2019 and what is needed to remedy more than a decade of environmental degradation. 

Their manifesto is marred by almost daily news about the failing water industry while under their tenure – most recently, analysis from the BBC found every major English water company has reported data showing they have discharged raw sewage when the weather is dry. We are concerned to see the returned threat of scrapping the nutrient neutrality rules which protect vulnerable waterways. If last autumn’s Commons v Lords debacle is anything to go by, can we expect the Conservatives to continue to set up housing against clean rivers? We can and must have both. And the proposal to use polluter fines to fund nature based solutions will only work if sufficiently punitive and hefty. At the moment it pays to pollute.

We were pleased to see the River Wye get a mention in the manifesto. However, it was in reference to the ‘Plan for the River Wye’ which local campaigners have ridiculed for falling ‘far short’, countering with their own action plan to revive the river. The manifesto does at least recognise the need for an increased farming budget, with a commitment to increase it by £1 billion over the Parliament; mimicking but not matching a policy first mentioned at the Liberal Democrat conference last autumn.

As the Conservatives fight to hold their rural seats, expectations were almost non-existent about the potential for a shake up on their water policy. With the announcement of banning wet wipes made three times over as many years, we have become accustomed to repeated broken/recycled promises. Perhaps a new version of the Conservative party, reverting to its small ‘c’ conservative roots might emerge post election, incorporating more of the Conservative Environment Network’s manifesto for rivers, seas and waterways; such as linking water company CEOs pay with environmental performance and ensuring housebuilding doesn’t contribute to storm overflow discharges?

Liberal Democrats

After Ed Davey fell off a paddleboard in Lake Windermere to highlight the sewage crisis, it was no surprise that our polluted waters feature as the top Lib Dem environmental message. While they have long trailed their sewage policies, the manifesto included a few interesting new ideas. Policies include ‘blue flag standards’ and ‘blue corridors’ to drive clean and healthy waterways and giving local environmental groups a place on water companies’ boards. Restructuring water companies into public benefit companies could help put people and planet before profit, giving a voice to communities and ensuring financial rewards relate to environmental performance. Their proposed abolition of Ofwat may be a good step too… will a tough new regulator rise from the swamp?

A Sewage Tax on water company profits may resonate with voters, a direct way of linking environmental and financial performance. An explicit reference to enforcing laws on sewage overflows is welcome, but should extend to other water pollution including agriculture. The current damp squib advisory approach to law enforcement has led to the ecological collapse of rivers like the Wye. As with the other manifestos reviewed, there is limited explicit reference to the essential ingredients to regulatory reform such as an increase in Environment Agency inspections and publishing independent pollution monitoring data. The public has a right to know what goes into their inland and coastal waters – and who is to blame – and all parties should commit to transparency (which would also save the regulators time and money on information requests and legal prosecutions).

The Lib Dem manifesto does make the direct link between farming and rivers, with a commitment to “support farmers to reduce the pollution of rivers, streams and lakes” and plans to properly fund the Environmental Land Management scheme with an extra £1 billion a year. The creation of an Environmental Rights Act – guaranteeing everyone’s right to a healthy environment could help them achieve the target of doubling nature by 2050.

It seems that beyond the confines of electoral targets, the Lib Dems have an opportunity to position themselves as the party for water and broaden focus out from just sewage pollution. This was demonstrated with voter approval in the rural Tiverton by-election last year and may be repeated in the general election. But as with the others, there was silence on water shortages, although a single social tariff for water bills to eliminate water poverty was a nod in the right direction.

Green

Finally, to the Greens, who recognised in their manifesto launch that they have no expectations of forming a government but instead will play a key role in holding the party in power accountable. Their manifesto states what they will push for in parliament rather than what they would implement as Government. 

Backed by a promise to tax the super rich, the Green Party manifesto has the environment as one of its three key pillars, and directly recognises the food system as the “greatest driver of nature loss and pollution.” They would triple support for farmers to transition to nature friendly farming, and link payments to reduced use of pesticides and agrichemicals. And, they would end factory farming, which by default would significantly reduce agricultural nutrient pollution.

Greens would take water companies back into public ownership. Will that extend to reforming the environmental regulators and toughening enforcement? Under the current system, fines from water companies that are put back into protecting the environment equate to approximately 1% of funds distributed to shareholders. Such a derisory penalty, acts as a reward rather than deterrent for breaking the law.

The Greens propose tackling the water crisis through other means too. Setting aside 30% of land by 2030 to allow natural recovery of waterways, and assert a Right to Roam to increase access and people’s likelihood of caring about the environment that sustains them.

The potentially one or two new Green MPs will follow in the footsteps of Caroline Lucas, one of the few MPs to cast a wide net on raising river pollution issues, and after reading the manifesto we expect to see the new generation of Greens to do the same.

Reform

There is not much to say here. Reform’s manifesto commits to cancelling all EU inherited regulations (i.e. all our current environmental standards and protections) and abandoning any commitment to achieving net zero. The Reform Party will scrap climate-related farming subsidies and stop Natural England protecting wildlife. There is no reference to rivers or ending pollution.

In conclusion

It is very encouraging that four manifestos have cited water pollution but there’s little to get excited about. Whichever party forms the the next government has a long way to go to inspire belief that significant action will be taken to save our rivers, lakes and seas over the next parliament, as key measures were limited or missing from the manifestos including:

  • Sewage – significant reform of Ofwat’s failed regulation of the water industry to end decades of profiteering and pollution, and restructuring and refinancing failing water companies linking environmental and shareholder performance, putting people and planet before profits. 
  • Agriculture – strengthening regulation on intensive livestock farming and enforcing the law, limiting density of factory farms in catchments, supporting farmers with environmental incentives, enabling nutrient trading – turning farm waste into resource – and increasing farmers’ share of food pricing.
  • Water scarcity – restoring wetlands, building more reservoirs and fixing leaking water pipes so we do not run out of water; delivered through a nationwide plan to secure water within and between catchments, while decreasing demand for abstraction, protecting our most vulnerable waterways like chalk streams. 
  • Monitoring and enforcement – properly funding environmental protection agencies and water industry regulators, publishing independent pollution monitoring and sharing data with the public and between regulators, equipping and instructing them to take firm action against polluters. 

Protecting public health – ensuring the Environment Agency properly monitors our rivers and publishes transparent data and guidance about when it is safe to use rivers, and making water companies introduce tertiary treatment of final effluent in areas of high use and risk.

It’s not our job to tell anyone how to vote on July 4th, but as we head to the polls what we can do is constantly urge all politicians to put water – rivers, lakes and seas – at the heart of the next parliament. 

We must value water as if it’s the elixir of life and enabler of every aspect of our economy. We must start acting like we are in a freshwater emergency. That means a government that prioritises this urgent mission. One that will provide the financial and policy commitments, but also the leadership to rebuild trust and mobilise regulators, civil servants, politicians and industry into action. We need to welcome in a new era of collaborative working – across parties, sectors and communities – moving beyond blame and deceit to achieve rapid transformational systemic solutions. To do this, the new government must define and own the problem, be transparent and fulfil its promises now, not in future decades, and that starts with committing to wholesale regulatory reform backed by sufficient funding.

For real change, we need the new Secretary of State for the Environment to sit opposite the Prime Minister at Cabinet, next to the Chancellor of the Exchequer, and for the environment to be front and centre in our nation’s political future.

#VoteCleanRivers

James is Chief Executive of River Action. He is a naturalist, archaeologist and social entrepreneur and has established enterprises ranging from renewable energy, regenerative agriculture and green finance to ecotourism, nature restoration and deep sea exploration. Prior to helping Charles Watson develop River Action into a national charity, James was CEO and Co-founder of Beaver Trust where he led the coalition to protect and live alongside native beavers.

James campaigns to rescue Britain’s rivers using systemic, local solutions, working collaboratively in the freshwater emergency. He convenes national stakeholders, bringing together government, industry, NGO and community leaders to secure abundant, clean water and restore wildlife habitats, while holding polluters and regulators to account in the courts of public opinion and law.

Why we took the government to court

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By Charles Watson, chairman and founder of River Action.

Having spent a 25 year career in the crisis management end of the public relations industry, I recall counselling clients repeatedly that litigation was never something to take on lightly and the risks, almost without exception, will always outweigh the rewards.

And then, on 4 February this year, I found myself sitting as a litigant in Cardiff Crown Court, as our King’s Counsel rose to his feet to open River Action’s judicial hearing case against the Environment Agency and the Department for Environment, Food and Rural Affairs (Defra).

A clue to why I had ignored my own better judgment lay in a beautiful glass vial of water that was sitting beside me in the court room. It had been drawn the previous day from the River Wye and was presented to me as I entered the courthouse by members of some of the Wye community groups who had (very noisily) joined us that day outside the courthouse to demonstrate their solidarity.

Once well protected, the river is now almost dead

Often cited as one of our most loved rivers, the Wye rises high up in the Welsh mountain hinterland before flowing majestically through the English-Welsh borderlands to its mouth in the Severn Estuary. Our fourth longest river’s unique beauty and biodiversity has been recognised over the years by the award of some of the highest possible levels of environmental protection, such as its Special Area of Conservation status and the designation of swathes of its valley as Areas of Outstanding Natural Beauty.

But, devastatingly, within the space of less than a decade this magnificent river has become the UK’s Ground Zero of river pollution. One major cause has been the uncontrolled growth of the UK’s largest concentration of intensive poultry production, which has resulted in unsustainable quantities of toxic animal waste leaching into the river, causing untold ecological damage. Ninety five per cent of the Wye’s famous water crowfoot river weed has disappeared, snuffed out by putrid green algal blooms. Last summer, Natural England downgraded the river’s status to a level just one notch up from being pronounced dead.

It was for the Wye that we had gone to court.

To me, our legal case was incredibly simple. The environmental regulations that were there to protect the river had simply never been enforced by the very statutory bodies that were tasked to do so.

Failure to enforce farming rules has been catastrophic

The core of these regulations originated in 2018, when our then Environment Minister Michael Gove introduced the Farming Rules for Water. However, immediately on introduction, their non-enforcement farce began. Highly effective lobbying from the NFU ensured farmers were initially exempt from the new regulations, however Michael Gove’s predecessor at Defra Liz Truss, had already slammed the nails into the coffin of effective agricultural regulation by virtually closing down farm inspections, thus eliminating all means of future enforcement, with agricultural regulation shifting to an almost exclusively ‘advisory’ basis.

The net effect of this approach on rivers like the Wye has been nothing short of catastrophic. Every six weeks, when the sheds containing the catchment’s 25 million chickens are ‘harvested’, huge quantities of highly potent manure are shovelled out and spread (for convenient disposal) across the fields of the catchment. As a result, the soils of the Wye Valley have progressively become saturated with totally unsustainable levels of phosphorus. And the rest is history.

In our view, had the Farming Rules for Water been properly enforced, none of this could have happened. Indeed, the most important of these regulations (Rule 1 a) states clearly that: “Application of organic manures… to cultivated land must be planned in advance to meet soil and crop nutrient needs and not exceed these levels”.

However, guidance issued by Defra to the Environment Agency (thanks to another NFU lobbying coup) specifically exempts farmers from having to follow this critical rule, thus creating another gaping loophole in the protections the Wye so desperately needed.

Major victories were won in court

It was to challenge this terrible state of affairs that River Action went to court, with the case being heard in February in Cardiff. Here, our brilliant legal team squared up against the combined legal teams of the Environment Agency, Defra and the NFU (the latter having gatecrashed the proceedings at the last minute as an ‘intervener’).

Although, when judgment was passed down four months later and the judge ruled against us, it was apparent that River Action had won some major victories.

First, the judgment fully acknowledged that, due to the Wye’s severe levels of pollution, farming practices must change. Second, the legal status of the infamous guidance issued by Defra to the Environment Agency, was called into question, with the judgment that spreading manure in the autumn and winter should be limited, when the danger of polluting the river is at its highest, with the NFU’s intervention being unequivocally dismissed.

Finally, the judge made it clear that the overall basis of his dismissal of our claim was because changes to key enforcement policies made by the Environment Agency, during the course of River Action’s proceedings, subsequently brought it into compliance with the law, and that these changes were only made by the agency as a result of our claim.

Notwithstanding the above, we have immediately moved to appeal the judgment and continue the fight for the river. Given that the Environment Agency’s new enforcement policies apparently now bring it into line with the law, River Action will make it our business to audit the new approach, with Freedom of Information requests being dispatched on a rolling three monthly basis to enable us to monitor inspection and enforcement activities. Let’s see if the agency really has turned over a new leaf.

The new government should repeal the flawed guidance

Finally, following the judge’s questioning of the legal basis of Defra’s guidance to the Environment Agency, after the general election, the new Defra secretary of state will find, at the top of his or her in tray, our demands that this now discredited guidance is immediately repealed, or back to court we will go.

The turbid, slime-filled condition of the River Wye can only remind us how far we still have to go before the river stands a chance of being restored to its former glory. But, perhaps, by defying the odds (and all better judgment), we hope our travails through the courts might just have made a little bit of a difference in starting to reverse the repeated injustices that have been allowed to be inflicted upon this once magnificent river.

Campaign group to appeal legal challenge against the Environment Agency & prepares for further legal action to protect the Wye

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River Action is appealing a High Court decision over pollution in the River Wye.

The campaign group has applied to appeal the recent Judgment passed down by Justice Dove which concluded that the Environment Agency’s approach to enforcement in relation to the River Wye Special Area of Conservation (SAC) was not unlawful.

Chair and founder of River Action Charles Watson said, “We remain deeply concerned that insufficient regulatory action is being taken to protect the River Wye from wide-spread pollution caused by unsustainable intensive agricultural practices. Because of this, one of the most highly protected rivers in the UK faces ecological collapse. We will therefore continue our legal fight to save the River Wye.”

River Action is taking the following six actions:

  1. Appeal of Judgment on Ground 3 of River Action’s recent Judicial Review hearing
  2. Establish an independent audit process of all on-going EA enforcement activity within the Wye catchment in relation to the application of the Farming Rules for Water
  3. Investigate widespread environmental non-compliance within the Wye’s free-range egg industry
  4. Investigate the EA’s alarmingly low response and attendance levels of pollution incidents
  5. Challenge the current DEFRA guidance with regard to enforcement of the Farming Rules for Water
  6. Call for the transparent publication by the EA of all information relating to pollution incidents and the consequential enforcement of environmental regulations, to mirror real time data now published by water companies regarding sewage spills

RIVER ACTION RESPONSE TO JUDICIAL REVIEW JUDGMENT AND PROPOSED NEXT STEPS

On May 24 2024, the Hon Mr Justice Dove handed down his judgment in River Action’s recent claim for Judicial Review against the Environment Agency.

The Judgment contained a number of significant wins for River Action. These included the acknowledgement by the judge of the undisputed severe levels of pollution caused by excessive levels of phosphorus in the waters of the River Wye and the recognition that farming practices must change. Going forwards, farmers will be limited in the amount of manure they can spread in the autumn and winter when the danger of polluting the river is at its highest.

The judgment calls into question the status of the current guidance issued by DEFRA to the EA regarding the enforcement of Rule 4(1)(a) of the Farming Rules for Water. Finally, the judge unequivocally dismissed the NFU’s intervention in the Judicial Review proceedings that Rule 4(1)(a) could be interpreted to routinely allow applications of manure in the autumn for use by the crop the following spring.

However, the judge dismissed the claim for judicial review on the basis that changes to key enforcement documents made by the EA during the course of the proceedings subsequently brought it into compliance with the law. The judge recognised that these changes were only made as a result of River Action’s legal claim.

Notwithstanding the above, River Action remains deeply concerned that insufficient regulatory action is being taken to protect the River Wye from the various severe pollution threats it currently faces and accordingly it is taking the following actions:

1. Appeal of Judgment on Ground 3 of the Judicial Review. River Action has applied to the High Court to appeal the Judge’s conclusion that the EA’s approach to enforcement in relation to the River Wye Special Area of Conservation (SAC) was lawful. In the landmark case of Harris v EA (2022), Mr Justice Johnson concluded that the EA had failed to discharge its duty under the Habitats Regulations 2017 because it was the only enforcement agency with the power to review water abstraction licences (water abstraction being a factor in the unfavourable status of the Broads SAC). River Action argued that the same principle applied to the Wye, because while there are a range of enforcement agencies addressing multiple threats to the SAC, only the EA can address the enforcement of the Farming Rules For Water. The judge disagreed, holding there are numerous potential sources capable of contributing to the phosphorus pollution in the Wye and that action is required not only under the 2018 Regulations, but also under other regulatory regimes.

2. Establish independent audit process of on-going EA enforcement activity in relation to the Farming Rules for Water. Mr Justice Dove accepted the EA’s evidence and acknowledged that “the defendant is working on a broad range of initiatives, including targeted farm inspections….”. River Action remains concerned that enforcement action is not being pursued with the urgency and application required to address the severe pollution of the river. Accordingly, River Action intends to establish a process to audit independently all EA enforcement activity of

the Farming Rules for Water in the Wye catchment. Under the Environmental Information Regulations (EIRs) 2004, River Action has requested details of:

  • All recent farm inspections undertaken by the EA;
  • Details of all identified breaches of the Farming Rules for Water;
  • The actions (if any) the EA has taken in response to each specific breach; and copies of Inspection Reports and documentation relating to any enforcement actions.

Going forward, River Action’s intends to request this information on a rolling, three-monthly basis.

3. Investigate widespread environmental non-compliance of the free range egg and poultry industry. In November 2023, a series of EIR responses received by River Action revealed widespread non-compliance with Slurry, Silage and Agricultural Fuel Oil (SSAFO) and Environmental Permitting Regulations (EPR) by a significant number of free range egg and poultry farms in the Wye catchment. Arising from extensive correspondence over a period of two years between the Wye and Usk Foundation and the EA, these revelations implied systemic non-compliance across the egg and poultry producing industry, implying another major potential source of river pollution. To investigate what action the EA has taken in the light of these revelations, River Action has accordingly requested information under the EIRs 2004 on:

  • The number of inspections of egg farms in the River Wye catchment over the last three years;
  • The number of enforcement notices issued to egg farms under SSAFO and EPR regulations.
  • Details of all enforcement actions/prosecutions that have subsequently taken place.

4. Investigate response and attendance levels of pollution incidents. River Action has reason to believe that the response and attendance levels by the EA to pollution incidents on the River Wye are insufficient given the severe pollution of the river and the fact that the status of the river isn’t improving. Accordingly, River Action has requested the following information under the EIRs:

  • Any written EA policy of responding to reported pollution incidents;
  • The number of pollution incidents reported within the Wye catchment;
  • The number of such incidents which were attended and investigated;
  • The subsequent action (if any) taken against polluters.

5. Pending action to challenge the current DEFRA guidance with regard to enforcement of the Farming Rules for Water. Given the questionable status of the current guidance issued by DEFRA to the EA regarding the enforcement of Rule 4(1)(a) of the Farming Rules for Water, River Action intends immediately after the General Election to request that the Secretary of State for DEFRA repeals this guidance to clarify that the environmentally damaging practice of spreading excess manures in autumn/winter months is a breach of the Rules.

6. Call for immediate availability of all information relating to enforcement of environmental regulations. In the context of the above, River Action is mindful that the Chief Executive of the EA recently raised public concerns about the burden on EA staff of responding to FOIA 2000/EIR 2004 requests. The relevant environmental regulations are long established (SSAFO since 2010, EPR since 2016 and the Farming Rules for Water since 2018) and there is a positive duty on public bodies to progressively make information about the state of the environment and their enforcement activities publicly available under the EIRs 2004. If this information was freely and publicly available, the EA would not have to respond to ad hoc requests. River Action is accordingly requesting that by the end of 2024, all environmental information relating to the enforcement of the above regulations should be proactively and transparently disseminated via an appropriate digital portal.

It is understood that the Chief Executive of the EA is well aware of the benefits of such an approach given that it was recently reported in the Guardian newspaper that “An Environment Agency spokesperson said: ‘Philip is completely committed to the highest standards of transparency, as he repeatedly stressed at the River Summit. He wants to make more EA data readily available, and we are already looking at how this can be achieved…”.

The public availability of such critical environmental information already has precedent following the recent legal requirement for water companies to publish real time data relating to sewage spills.

7. Further legal action under consideration. River action is currently reviewing a number of further opportunities with regards to taking legal action where evidence is apparent of regulatory bodies failing to fulfil their statutory duties to enforce the law.

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

NOTES TO EDITORS

River Action is on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.

TV quiz show host questions river health ahead of Oxford Eights and Clean Rivers Festival

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TV quiz show host Alexander Armstrong this week teamed up with River Action to conduct water quality testing on the River Thames.

The talented comedian and broadcaster, known to many for his work on BBC’s Pointless, tried his hand at water quality testing to mark the start of this weekend’s four-day Oxford eights rowing regatta and the city’s Clean Rivers Festival.

Mr Armstrong said, “There are few things that upset and infuriate me more than our seeming inability to do anything to improve our benighted waterways. It’s the most shameful failure of our age. Thank goodness the clamour is being raised but when will meaningful action be taken? We must none of us stop clamouring until it is.”

To help inform and keep rowers safer in the water at this year’s Oxford Eights, River Action, Earthwatch and local community members conducted regular water testing on the stretch of the river used for the regatta. This took place between 1st May and 17th.

Using a World Health Organization verified E.Coli analyser, the test results showed that on average the water contained 340 E.Coli colony forming units (CFU) per 100ml of water. This peaked at 952 CFU, which is over the level the Environment Agency grades designated bathing waters as poor, the bottom of four categories. When bathing water is graded ‘poor’ the Government’s advice is against bathing.

Chloe Peck from River Action said, “These are not the most alarming readings we have ever taken but they do still show levels of E.coli in the water indicating that the river is not healthy and may not be safe to swim in. It is important to remember that river pollution ebbs and flows and ideally, we would monitor water quality throughout the year to help river users keep safe and track river health.

“For the safety of river users everywhere, rowers, communities and conservationists are uniting to ask the Government to enforce the law and to prosecute polluters. River Action wants water companies to honour their commitments to the regulators and bill payers by investing in their infrastructure and stop dumping sewage. Everyone should be able to enjoy our rivers and seas without risking their health, but we fear that without urgent action someone could get seriously ill or even die.”

‘Guidance on rowing when water quality is poor’

Rowers spend a huge amount of their daily lives either on or by the water. British Rowing, River Action and The Rivers Trust developed a set of guidelines for rowing on poor quality water – first used to keep rowers safer during this year’s Gemini Boat race between the Universities of Oxford and Cambridge. The guidance was issued when River Action revealed alarmingly high levels of dangerous E.coli bacteria from sewage pollution along the stretch of the River Thames used for the race. Sadly, despite the warnings, guidance and precautions taken by rowers, some of them still got sick.

‘Guidance on rowing when water quality is poor’ has been written to minimise the risk of contracting illness due to proximity to polluted water. 

Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.

Ms Peck said, “Guidance can be issued but ultimately river users are having to take a risk. To help keep them safer we need greater monitoring of rivers for pathogens and a duty of care from water companies and the government issuing health warnings, not only for designated bathing sites but also major events and other popular bathing hotspots.”

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

NOTES TO EDITORS 
Between 1st May and 17th May, River Action conducted testing (10 tests in total) on the River Thames near to the Christ Church Boat Club, Oxford. Tests results indicate an average of 340 E.coli colony forming units (CFU) per 100ml of water. To meet the lowest grade of bathing water quality standards, this level should be below 900 CFU per 100ml. Our highest recorded spike reached 952 CFU, over the level the Environment Agency considers acceptable for designated bathing waters graded poor, the bottom of four categories. When bathing water is graded ‘poor’ the Government’s advice is against bathing. By comparison, the Environment Agency conducts between 3 and 20 water quality tests of bathing water sites between May and September to decide the status. According to the Environment Agency, an inland water registering 900 CFU or greater is unsafe to swim. 

The E.coli bacterium is found in faeces and can survive in the environment. It can cause a range of infections including urinary tract infection, cystitis (infection of the bladder), and intestinal infection, stomach cramps, bloody diarrhoea, and vomiting. In the worst of cases, some strains of E.coli can lead to life-threatening sepsis (blood poisoning) requiring urgent medical attention.

Oxford Clean Rivers Festival will take place on Saturday, May 25th, at the picturesque Longbridges Nature Park adjacent to the Thames, a mile south of the centre of Oxford. The Festival will have a family fun atmosphere with music, entertainment, and engaging talks from both national and local speakers. The festival centres around the state of our rivers, prompting participants to pledge their commitment to the restoration of these vital natural resources. The event will run from 12pm – 5pm and promises to be both educational and entertaining, offering attendees the opportunity to learn more about our wonderful river and how they can play a role in its restoration

River Action conducts citizen science on waterways to determine whether there are pathogens present harmful to the health of humans and wildlife. We are on a mission to rescue Britain’s rivers by raising awareness of the crisis facing our rivers, and the failure of Government funded environmental agencies to make water companies invest in their polluting infrastructure and to prosecute illegal business practices that cause river pollution.

Farming practices will have to change, rules judge following River Action legal action over state of River Wye

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A judge has ruled that farming practices will have to change so that farmers obey the Farming Rules for Water in response to a legal challenge by River Action over the Environment Agency’s alleged failure to enforce regulations to protect the River Wye form pollution.

In a judgment handed down today, a judge found that the Environment Agency (EA) had responded to River Action’s campaign for change and improved its enforcement of the Farming Rules for Water.

River Action says its legal action to make the Environment Agency face up to its responsibility to enforce regulations to save the River Wye from the effects of agricultural pollution was entirely justified and the EA would not have improved its approach to enforcement to convince the court that it was now complying with its responsibilities if it had not brought the legal action.

The judge was at pains to point out the important role the case has had in clarifying the legal obligations on farmers and the EA’s duties in enforcing them, finding:

“It is undoubtedly unfortunate, and has not assisted the defendant’s enforcement activities, that there has been a conflict in the interpretation of the 2018 Regulations between the defendant [The EA] and the interested party [DEFRA] . However, a significant by-product of these proceedings is, firstly, that that difference of opinion has been bought into the public domain for determination, and, secondly, that the defendant’s internal documentation (including for instance the FAQ’s) have been revisited, revised and refined to ensure that they have at their foundation the defendant’s interpretation of the 2018 Regulations.

“No doubt the clarification of the correct interpretation of the 2018 Regulations comprised within this judgment will provide further assistance in future.”

The High Court examined the EA’s enforcement of regulations that govern the amount of organic manure and artificial fertiliser that can be spread on agricultural land from which water runs off and leaches into the River Wye.

It was argued that the Wye is heavily polluted because excessive amounts of animal and in particular chicken manure are regularly spread across land within the river catchment, leading to a substantial increase in levels of phosphorus in the soil. This then runs off and leaches into the river, causing widespread algal blooms along the length of the river system, turning the water an opaque green.

Algal blooms block sunlight, remove oxygen and cause widespread algal deposits across the riverbed, with severe consequences for the vegetation and wildlife of the river. 

The Wye was designated a Special Area of Conservation (SAC) to protect the river’s once-famous extensive Ranunculus river weed beds. However over 90 per cent of the river’s Ranunculus have now been lost, smothered by algal blooms and last year Natural England downgraded the Wye’s environmental status to Unfavourable, declining.

River Action says this could have been seriously mitigated had the EA enforced existing environmental regulations. River Action had argued:

  • The Environment Agency has adopted an approach to enforcing the Farming Rules for Water (FRfW) that ultimately frustrates the purpose of the legislation it is supposed to enforce 

  • By slavishly following guidance issued by the Environment Secretary the Environment Agency has put itself in a situation where it is acting unlawfully
  • The Environment Agency has breached regulation 9(3) of The Conservation of Habitats and Species Regulations 2017 in that its policy on enforcement of the FRfW unlawfully fails to follow the requirements of the Habitats Directive

The judge dismissed the claim for judicial review on all three grounds, but he found that with the changes made to the EA’s enforcement practices during the course of the proceedings, the EA’s documents were compliant with the law. These changes were only made as a result of River Action’s legal claim.

Importantly, the National Farmers’ Union (NFU) put forward detailed evidence suggesting that it would not be viable to farm in a way that complied with River Action’s interpretation of the FRfW. Under very tight time constraints, and working with a range of farmers who practice sustainable and regenerative farming methods, River Action put forward compelling evidence that farmers could farm in a way that complies with the law. 

The judge found that the farming practices described in the NFU’s evidence will need to change if they are to comply with the FRfW, saying: 

“The claimant’s evidence demonstrates that there is practical experience of agricultural practices being capable of complying with the claimant and defendant’s interpretation of the regulations. The evidence provided by the intervener [the NFU] demonstrates that current agricultural working practices would have to change if the claimant’s and the defendant’s interpretation of the Regulations is to be complied with, and that changes to the way in which farms operate together with associated costs would arise from the operation of that interpretation. Whilst no doubt unwelcome to the intervener and its members, I am unable to accept that the evidence demonstrates the kind of impracticality or absurdity which justifies the rejection of the claimant’s and defendant’s case on this point. For the reasons I have set out above, is the appropriate interpretation of regulation 4 and its effect.”

River Action’s chairman and founder Charles Watson said: 

“We clearly have a number of reasons to be pleased with today’s judgement: River Action was deemed to have done the right thing in bringing this case to court; River Action’s  interpretation of the law was considered by the judge to be correct with the NFUs intervention being squarely dismissed; the judge has said farming practices must change; and, most significantly, the environmental damage perpetrated by intensive farming practices has been acknowledged and that thanks to River Action bringing its claim, the Environment Agency has changed its approach to enforcing the Farming Rules for Water. While the judge states the latter point is grounds to reject River Action’s belief that the EA continues to act unlawfully, we remain concerned that there is widespread evidence that agricultural regulations are still being broken across the Wye Catchment and that the EA is still not being held accountable for its failure to enforce the law. River Action is simply not prepared to sit back and continue to watch these injustices to our rivers continue. Accordingly, we are taking immediate advice with regards to appealing the judgment.” 

River Action is represented by Leigh Day environment team solicitor Ricardo Gama, who added:


“River Action feel vindicated in having brought their claim for judicial review. They believe that the dire state of the River Wye is in part because of a failure properly to enforce the rules that were put in place specifically to deal with agricultural pollution, the main cause of the decline in the health of the river. The judge has found that the Environment Agency’s enforcement policies are now lawful, but he has also noted that significant improvements were made to the policies to address the issues which River Action’s case has brought to light. 

“The judge was also unpersuaded by evidence put forward by the NFU that it would not be viable to farm in a legally compliant way if River Action’s interpretation of the law was right. The judge has said that River Action was right in their interpretation of the law and he welcomed the extensive evidence which River Action put forward of farmers who do the right thing and farm in a way that respects the rules. 

“River Action hope that the important clarification to the law contained in this judgement will help regulators, farmers and communities understand their legal duties. However, they are concerned with aspects of the judgement and are considering an appeal.”

ENDS

For interviews call Ian Woolverton on 07377 547 362 or email media@riveractionuk.com

END POO-LUTION: My Journey as a University Activist for Norwich’s Rivers

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By Rebecca Hardy, Aged 20, 3rd year Student at the University of East Anglia

“As our world slips into an ecological crisis, I feel implored to fight for my future [. . .] and water is a vital part of it”: Young voices call for change.

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In the spotlight: The River Cree Hatchery & Habitat Trust SCIO

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At River Action, we want to highlight the amazing work of communities up and down the country. Here we take a look at River Cree Hatchery & Habitat Trust SCIO (RCHHT) a community-led conservation project initiated by local people who have a passion to improve the health of their river.

THE STORY

In March 2010, members of Newton Stewart Angling Association commenced the hatchery and habitat project in response to the decline in the numbers of Atlantic salmon in The River Cree and its tributaries.

By October 2010 the hatchery facility was operational and in the first season some 65000 salmon fry were raised in the hatchery and returned to the river.

In 2011 a charitable trust, The River Cree Hatchery and Habitat Trust, was formed to take over the running of the project and shortly thereafter a full-time Hatchery Coordinator was employed to oversee the running of the operation.  Over the next few years the project steadily increased the scope of its activities, including:

  • Up to 190,000 salmon fry were reared in the hatchery each year and stocked into the Cree catchment.
  • Electro-fishing skills were honed in order to assist with broodstock capture and to monitor fish numbers, including stocked fry
  • A programme of extensive habitat improvements was commenced, including removing barriers to migration, controlling Invasive Non Native Species, cutting back self-seeded Sitka on the banks of spawning burns and re-planting with native broadleaf trees.
  • An education programme, initially involving four local primary schools, was developed. 
  • A training programme was developed to enable employment and training opportunities to be offered to local unemployed youngsters.
  • Volunteering opportunities were offered for up to forty local people each year. Fish husbandry techniques were developed to improve the quality of the salmon fry being reared. Stocking of a limited number of fin-clipped fry was commenced to assist in identifying hatchery-reared adult salmon

In February 2023 the operation was transferred to River Cree Hatchery & Habitat Trust SCIO, which continues to deliver and develop all the above activities.

To deliver this extensive programme of activities it is important that the Trust trains a team of volunteers with the necessary skills to run the hatchery and con-duct the habitat restoration work. The Trustees would very much appreciate any assistance you feel you could offer to promote the further development of River Cree Hatchery & Habitat Trust SCIO. For further information on future developments please contact: Murdo Crosbie (Co-ordinator) Tel: 01671 403722/ 07798653740; email to: mcrosbie7@aol.com.

Vile amounts of human sewage detected at popular rowing site on the Thames. British Rowing and River Action warn river users to take extreme caution

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Sewage pollution filmed in the Thames at Putney (03/05/24).

British Rowing and River Action warn that vile amounts of human sewage has been discharged by Thames Water along the Putney Embankment, home to over ten rowing clubs on the River Thames.

This follows news that the organisers of the Boulter’s to Bray Swim in Maidenhead have cancelled this year’s community event over concerns about the water cleanliness. And days after water-based sports across the UK united to call on the government to act to address pollution in rivers, lakes and coastal waters.

Thames RC captain Huw Jones said: “The frequency and severity of sewage discharges into the tidal Thames is increasing. On Thursday this week the visible signs of raw sewage on Putney Embankment led the club to cancel rowing sessions to safeguard athlete health. This situation is unacceptable, and we call on Thames Water to take immediate action.”

CEO of British Rowing Alastair Marks said, “We are gravely concerned about the state of the Thames and the effect this pollution is having on our rowers and their safety. Over the last few days, we’ve had reports of sessions cancelled due to concerns over water quality and countless photographs of the obvious pollution. We urge our community to take care of their health first and foremost and to continue following our guidance for rowing when the water quality is poor.”

CEO of River Action James Wallace said, “The shocking reality is that it is simply not safe to swim in rivers like the Thames due to the huge levels of recent raw sewage discharges. Regular E.coli testing which River Action, and other citizen scientists, has carried in recent weeks show the pathogen levels at a multiple of what would be considered safe for bathing.

“We have also been approached now by dozens of river users who have become seriously ill after coming into contact with the river. It is also scandalous that there has been no public health advice on this issue from any government body – and it’s up to charitable organisations like River Action to test the river and keep the public safe.

“Where is the Environment Agency and the Department for Health? Why aren’t they holding the polluters to account and protecting people’s health? Frankly, the Thames should come with a health warning.”

Guidance on rowing when water quality is poor

Rowers spend a huge amount of their daily lives either on or by the water. British Rowing, River Action and The Rivers Trust have developed a set of guidelines for rowing on poor quality water. ‘Guidance on rowing when water quality is poor’ has been written to minimise the risk of contracting illness due to proximity to polluted water. 

Included are helpful tips on the importance of covering cuts, grazes, and blisters with waterproof dressings, taking care not to swallow river water that splashes close to the mouth, wearing suitable footwear when launching or recovering a boat, and cleaning all equipment thoroughly.

ENDS

For interviews call Ian at River Action on 07377 547 362 and Lily Fraser at British Rowing on 07540 722442

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