Standing at the edge of a reservoir on a steamy August afternoon and gazing at that cool, level water while questioning whether you are truly permitted to jump in has a subtly rebellious quality. Unfortunately, the answer is probably not, but the situation is much more complex than a straightforward “no”.
The majority of the 507 reservoirs in the UK were constructed during the Victorian era, when civic aspirations and public utility went hand in hand. These reservoirs came under corporate control when water privatization swept through in 1987, bringing with it a legal obligation to provide suitable public access and recreational facilities.
The scorecards are bleak after decades. The only beach area set aside for public swimming is Rutland Water, which is run by Anglian Water. The majority of water companies have taken a different approach, creating bylaws that expressly forbid swimming. The obligation seems to have always been viewed as optional, more of a footnote than a commitment.
The legal situation is more hazy than the actual water. There is no general legal right to swim in non-tidal, non-navigable water in England and Wales. The riparian owner, who has significant control over what occurs at the water’s edge, determines whether you can lawfully swim in a river or reservoir. Scotland is in a very different situation. The Outdoor Swimming Society has long argued that swimsuits should be allowed to enter most inland water due to their statutory right of responsible access.
There is a claim that, in the case of reservoirs in particular, some may have obtained a common law right of access through consistent public use dating back to the Victorian era. That argument varies from reservoir to reservoir and is based on continuous usage over about 20 years. Whether any water company has ever put this to the test in court is still unknown. It is evident that corporate attorneys frequently recommend putting up signs rather than delving into legal complexities.
We should take a closer look at those no-swimming signs. Following the 1984 Occupiers’ Liability Act, which created an often exaggerated fear that a drowning victim’s family could successfully sue, some are posted by landowners who are genuinely anxious about litigation. Landowners are not automatically liable when swimsuits enter open water where the risks are evident, according to a 2003 Law Lords ruling that provided some comfort. Even so, the indicators continue to grow.
In this case, it’s important to be truthful about what trespass really means. Contrary to popular belief, trespassing in England is a civil matter rather than a crime. Theoretically, a swimmer who enters private property may be sued for damages they cause, but they cannot be detained just for being there. The sensible and legally safer course of action when asked to leave by a landowner or their representative is to quietly leave, calmly voice any disagreement find another location.
France provides a helpful mirror in the meantime. More than 1,200 designated bathing areas are provided by more than 550 reservoirs, the majority of which have simple amenities like a parking lot, a picnic table, a water tap a warning sign about the dangers. Lifeguards are not necessary. simply the assumption that adults are capable of evaluating and accepting their own risk. Sometimes British water companies use hidden currents and cold water as excuses to keep customers out. These arguments are no longer persuasive.
Public health as well as legal principles are what make this feel so urgent. Compared to coastal waters or swift-moving rivers, reservoirs are frequently calmer, warmer safer, especially in their upper portions. A network of even basic inland swimming areas would relieve pressure on overcrowded river spots, increase access for those without cars or other ways to get to the coast discreetly create the kind of water confidence that keeps people from drowning. The case keeps coming up on its own. So far, the will to take action has not materialized.
i) https://www.wildswimming.co.uk/access-and-law/
ii) https://www.cla.org.uk/news/landowners-guide-to-wild-swimming-what-the-law-really-says/