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'My children won't know the rivers I grew up with'

Steffan Messenger
Environment correspondent, BBC Wales News
Leigh Day Thomas Garland, who has short ginger hair and freckles and is wearing a red baseball cap, a red and grey t shirt and a life jacket. He is in his canoe, which is not visible, but you can see the water and greenery of the River Wye behind him.Leigh Day
Thomas Garland says he and his partner are expecting a baby soon and "would love to take them down to explore the river" as he did as a child

Hundreds of people who claim to have been affected by river pollution are threatening to expand their legal action.

Those living near the rivers Wye, Lugg and Usk say they have been robbed of the rivers they enjoyed playing in as children due to the smell and sludge caused by pollution.

They have previously launched a legal case against the firms involved in large-scale chicken farming locally - but now plan to extend this to cover Welsh Water as well, in the biggest claim of its kind in the UK.

Welsh Water said it was investing £2.5bn over the next five years to improve the environment.

Lawyers representing the group have written to the water provider, claiming sewage spills have interfered with the public's enjoyment of the rivers and negatively impacted on local businesses.

The three rivers are protected for their importance to rare wildlife - including otters, freshwater pearl mussels and the Atlantic salmon.

But, in recent years, the Wye in particular has become the focus of widespread concerns over the worsening state of the UK's waterways.

The river flows for 155 miles from its source in the Cambrian mountains along the border between Wales and England to the Severn estuary.

The River Wye, seen from Symonds Yat Rock in Symonds Yat, Herefordshire, near the border with Gloucestershire and Monmouthshire, Wales. On the left is Huntsham Hill, and Coppet Hill is on the right, with the village of Goodrich just visible in the background.
Natural England downgraded its assessment of the health of the river Wye to "unfavourable declining" in 2023

Dave Shaw, who lives near Brecon, Powys, said he had "cherished memories" with his daughters of "pond dipping and looking in and around the water for wildlife".

But the 56-year-old, who works as a wildlife educator, added that "some years ago, we started to notice a decline".

"Rocks became coated in a brown sludge and the river began to smell - we no longer wanted our children in it," he said.

Thomas Garland, 25, canoed the entire length of the Wye for charity in 2018.

"I grew up enjoying the benefits of the river, spending time throughout my childhood and adult years kayaking along it," he said.

But having noticed "sludge on the banks" and less wildlife in recent years, he said he no longer felt comfortable in the water.

Law firm Leigh Day said it was acting on behalf of more than 2,000 individuals and businesses, bringing a class action lawsuit which would seek compensation for local people.

While it acknowledged the bulk of the pollution was due to "industrial-scale chicken production" it alleged sewage discharges "high in phosphorus and bacteria due to human faeces" were another contributing factor as they resulted in "odour, insect swarms, biodiversity loss and poor water quality".

Reuters People swim in the River Wye during a heatwave in July 2022. You can see the water and swimmers in the forefront, people on a pebbly beach to the right, and greenery in the background.Reuters
Pollution is "interfering with residents' enjoyment of the river in activities such as wild swimming and fishing", law firm Leigh Day claims

Welsh Water has been sent a letter from the firm setting out the details of the claim, and has until 17 March to respond.

"At present this will be the biggest nuisance claim for sewage operations against a water company in the UK," said Oliver Holland, partner at Leigh Day.

"But with communities up and down the country impacted by sewage pollution in their waterways this case has the possibility to set an important precedent."

Charles Watson, chair of campaign group River Action, said the addition of Welsh Water as a defendant meant the legal action was "clearly shaping up to be one of the most significant pieces of litigation relating to river pollution yet witnessed in the UK".

Campaigners gather on a river bank with a coffin which says Death of the Wye on its side. You can see grass below and trees in background.
The river Wye has become a focus for campaigning on the health of the UK's rivers in recent years

Welsh Water confirmed it had received the letter and would "require time to consider the contents carefully before responding".

"We take our responsibility for protecting the environment seriously and over the next five years will invest £2.5bn to improve the environment," it said.

A spokesman added pointed to work on the rivers in question, including spending £70m on 13 schemes along the River Wye in recent years.

"We are currently investing heavily to the benefit of the Usk – with £20m on our assets on the river and another £13m on a green alternative to a storm overflow which is on the Afon Lwyd, which feeds into the Usk," he added.

Avara Foods, one of the UK's biggest food producers, as well as its subsidiary Freemans of Newent and its 50% shareholder Cargill plc are also named as defendants in the proposed legal action.

Avara Foods said: "We consider Leigh Day's allegations against us to be factually incorrect and fundamentally misconceived.

"We are proud of our business, providing high quality and affordable chicken and turkey for consumers, and we have vigorously defended our position.

"Given the ongoing legal process, we will not be offering further comment at this time."