Hi all -

I recently posted this query on the Devon Rivers Forum, but not having had an answer for a few days (it's quite seasonal down there) thought I'd post here too. If anyone knows anything... I'd be pleased to find out.

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Last July I very much enjoyed reading Dominic Garnett's T&S article on the River Lowman in Tiverton (is Dominic a member of this forum?) - and thought about fishing it myself.

So imagine my horror when I ran "River Lowman Tiverton" through google yesterday evening... and discovered that the river had been hideously polluted the month after Dominic's article came out, with up to 1000 trout killed by industrial detergent:

http://www.tivertonpeople.co.uk/news...l/article.html

Devon local news, News in Devon | This is Devon.html

Can any of you locals tell me how bad the situation still is?

For instance, how long a stretch of river was affected, and was the whole urban section wiped out? Will restocking be necessary or can the river repopulate with fish trickling downstream or running up? Is the water covered in any way by a local club ticket (and therefore the Angling Trust / Fish Legal) or is the EA prosecution the only way forward - with any fine going straight into the black hole of the Treasury deficit rather than helping the river to recover?

Many thanks for any info: as some of you know, urban rivers are very close to my heart, and as John Donne almost said, any river's death diminishes me, because I am involved in riverkind...

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Theo

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I think there is some new legislation that arises from an EU directive (we need those, don't we?) which makes it possible for bodies with an interest in rivers, among other amenities, to sue a polluter for remidiation - such as replacement of fish stocks. I think the EA can take advantage of this law as if it were an owner.

As far as I know, there has as yet been no action brought, but the EA may look to last year's pollution of the Trent to try it out.

Sorry it's a bit vague - some of the legal brains on the forum may be more up to speed.

Gudgeon

I have not heard a thing about this until you said Theo.

I try and do some digging as its a local river to me.

WCB

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Theo,

I have asked around but the Lowman (along with all the other small mid Exe tribs) is a bit of a forgotten stream and nobody seems to know much. I've fished the upper reaches of the Exe for twenty years and in all that time I've never heard of anyone fishing the Lowman apart from pupils of Blundell's school - I'm not sure if they had tickets!

Newspaper articles from last year suggest that the inverts survived and the urban section is not very long (about 1 mile at most) so fish should drop down from the upper reaches.

So a disaster yes but not the end of the Lowman yet.


Andy

Short 2 penn'th - EA can use water resources act 1991 (S85) to prosecute for pollution of a controlled water ie the river stated. Success would depend on securing a 'beyond reasonable doubt' burden of proof against an offender - and so his would depend entirely on whether evidence was found from any premises that could secure a prosecution.

If the evidence is insufficient (for the courts purposes) then Angling trust MAY be able to secure a damages case requiring a lesser burden of proof (i think)

Ian

Thanks wcb and westcountry... as you say, the inverts seem OK, at least according to the local news articles, so hopefully not too much of a disaster except for the fish.

Cheers for any updates: it's good to keep things like this in the public eye

Theo

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A bit of an update.

No more info on the extent of the damage I'm afraid but the EA are on the case... well to be precise they are not really on the case at all.

To quote from a friend who is involved with all things Exe related:

"The EA are meant to be on the case although not progressing very well.
We even had to take witness statements for them because 'their guy was on holiday'!"

I know nothing of the legal ins and outs of this sort of thing but apparently the EA may not get their own act together within the permitted time!

It would be enough to make you weep if it wasn't for the fact that we are hardened to it by years of such incompetence.

Meanwhile RETA (River Exe & Tribs. Assn.) is watching the situation and pushing as hard as it can.


Sorry it wasn't more uplifting.


Andy

Thanks to Paul on the Devon Rivers Forum, an update from the BBC on this nasty little incident:

http://news.bbc.co.uk/1/hi/england/devon/8560320.stm

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"A Devon toiletries company has been fined £8,000 after admitted polluting a river in an incident which killed about 1,000 fish.

Broad Oak Ltd of Tiverton admitted releasing more than 50kg (110lbs) of detergent into a tributary of the River Exe in August 2009.

Honiton magistrates also ordered the firm to pay £4,000 costs.

The pollution, which affected the River Lowman at Tiverton, mainly killed salmon and trout.

The detergent was released into the river when it was spilled from a storage tank which was being filled at the company's factory.

The firm apologised to the court, saying it was the first pollution incident in 25 years at the site and new safeguards had been put in place".

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Well done to all at RETA who pushed the Agency hard enough to get this into the courts - it's not a massive fine but at least it's something!

Theo

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See update above... think I somehow succeeded in editing my last previous post rather than replying in the conventional sense!

Thanks again to all who are taking an interest in this poor little river...

Theo

PS Andy: is there anyone you know at RETA who might be contactable with regard to a little writing project I may be putting together? Please feel free to PM...

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Well it's better than nothing


PM on it's way.


Andy