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The Scottish Water (River Isla) Ordinary Drought Order 2004

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Citation and commencement

1.  The Order may be cited as the Scottish Water (River Isla) Ordinary Drought Order 2004 and shall come into force on 9th April 2004.

Interpretation

2.  In this Order–

“the Act” means the Natural Heritage (Scotland) Act 1991;

“day” means a period of 24 hours reckoned from midnight;

“deposited plan” means the plan, prepared in duplicate, docqueted and signed as relevant to this Order and marked “Proposed temporary pumping from River Isla: Scottish Water (River Isla) Ordinary Drought Order 2004”, one copy of which is deposited in the office of the Scottish Executive, Victoria Quay, Edinburgh, and the other in its Head Office of Scottish Water at Castle House, 6 Castle Drive, Carnegie Campus Dunfermline, Fife KY11 8GG;

“gauge” includes a gauge, weir or other apparatus for measuring the flow of water;

“intake” includes any work by which water is taken by Scottish Water for the purpose of the undertaking;

“the relevant period” means a period of six months beginning with the day on which this Order comes into force;

“Scottish Water” means the body corporate established by section 20(1) of the Water Industry (Scotland) Act 2002(1);

“undertaking” means the water undertaking for the time being of Scottish Water;

“works” means the works described in the Schedule to this Order and in the lines and situations and according to the general dimensions and levels shown on the deposited plan.

Works

3.  Scottish Water is hereby authorised to execute the works.

Water rights

4.  Subject to the provisions of this Order, during the relevant period, Scottish Water may, for the purposes of the undertaking, and by means of an intake (Work No. 1), take water from the River Isla in Angus.

5.—(1) Subject to paragraph (2) below, Scottish Water may in any day take from the said River Isla a quantity of water not greater than 20,000 cubic metres, at a rate not greater than 300 litres per second.

(2) No water shall be taken by Scottish Water from the said River Isla during any period when the river flow, as measured by the Scottish Environment Protection Agency gauge(2) at Wester Cardean Gauging Station (NGR NO 295466), is less than 242,350 cubic metres per day.

Supplementary provision

6.  For the duration of the relevant period, Scottish Water shall keep at its Head Office a copy of this Order and a copy of the deposited plan.

ANDREW SCOTT

A member of staff of the Scottish Ministers

St Andrew’s House, Edinburgh

7th April 2004

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