248.—(1) Nothing in the relevant sewerage provisions shall authorise a sewerage undertaker injuriously to affect—
(a)any reservoir, canal, watercourse, river or stream, or any feeder thereof; or
(b)the supply, quality or fall of water contained in, or in any feeder of, any reservoir, canal, watercourse, river or stream,
without the consent of any person who would, apart from this Order, have been entitled by law to prevent, or be relieved against, the injurious affection of, or of the supply, quality or fall of water contained in, that reservoir, canal, watercourse, river, stream or feeder.
(2) Any dispute as to whether the supply, quality or fall of water in any reservoir, canal, watercourse, river, stream or feeder is injuriously affected by the exercise of powers under the relevant sewerage provisions shall be referred, at the option of the party complaining, to the arbitration of a single arbitrator to be appointed by agreement between the parties or, in default of agreement, by the President of the Institution of Civil Engineers.
Commencement Information
I1Art. 248 wholly in operation at 1.4.2007, see art. 1(2) and S.R. 2007/194, art. 2(2), Sch. 1 Pt. II (subject to art. 3, Sch. 2)