I canoe and have used parts of the Itchen river at Winchester and Woodmill in Southampton, and was curious about the rest of the river.
Parts of canal that ran between the two still exist - a navigation established by various acts of parliament prior to 1882, some of which appear still to be in force.
See Hansard July 2nd 1992 Cloumn 660 http://www.parliament.the-stationery-office.co.uk/pa/cm199293/cmhansrd/1992-07-02/Writtens-1.html in which the Secretary of state in a written answer assured rights for vessels would be maintained by way of a tunnel (under the new motorway).
So it would appear I have a right to be able to navigate a vessel between Winchester and Southampton. However the only waterway that runs continuously between the 2 is blocked by landowners, and the Itchen Navigation company has failed in its statutory duty to maintain the Navigation.
I'd be interested to know if I do have that right to navigate, and if so, what needs to be done so I can exercise it.
Comments please!
Further research of Hansard will reveal that James Hill MP had it confirmed that all of the six acts are still extant.
The M3 contractors ignoring the 6 acts ripped out the side of the navigation just below st catherine's bay lock and diverted it across the water meadows. This permitted them to put a drainage pipe under the M3 at hockley crossroads rather than providing a proper navigable tunnel with tow path as required by the acts. The Itchen navigation company abandoned the navigation because it was un-economic. They tried to sell it but realised they didn't actually own it. They only had the right to collect tolls and charges from the owners of the adjacent watermeadows, bargee's and mill owners. As a last resort they sold options to buy, if interested parties could get the six acts annulled. After a while adjacent land owners of the time "annexed" parts of it. Some even sold fishing rights they didn't own to local fishing clubs. There was a preservation and restoration society formed which was democratically and promptly controlled by representatives of adjacent landowners of the time. Needless to say nothing was ever done to address the objective of the society. No one owns it. The bed, the water and a tow path on one side of the navigation from woodmill to blackbridge wharf is public domain. Squatters rights do not prevail because it has a legally specified identity under the 6 acts. Twyford parish council has managed to buy a section of it at Twyford lock so the "establishment" might not agree with this well researched account. Hope this helps clarify things for you.