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Water Act 1945

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This is the original version (as it was originally enacted).

Provisions as to compensation water

10(1)During the construction of any authorised impounding reservoir the undertakers may, subject as hereinafter provided, take from any stream to be impounded thereby such water as they may require:

Provided that, before taking any water from the stream, they shall, on an approved site, construct an approved gauge to gauge the now of the stream and, while the flow of water through or over the gauge is less than the prescribed flow, they shall not take any water.

(2)After the completion of the reservoir the undertakers shall, at an approved point within such limits as may be prescribed, discharge into the stream from, or from streams feeding, the reservoir during every day of twenty-four hours reckoned from midnight in a uniform and continuous flow a quantity of water not less than the prescribed quantity, and, for the purpose of gauging such discharge, they shall construct and maintain in good order approved gauges on approved sites.

(3)Where the undertakers are authorised to take any water from any stream, they shall, before taking any such water, construct on approved sites approved gauges to gauge the quantity of water taken and the flow of the stream, and they shall not take any water in excess of the quantity authorised to be taken or while the flow of water through or over the gauge is less than the prescribed flow.

(4)If the undertakers—

(a)fail to construct or maintain in good order any such gauge as aforesaid, or refuse to allow any person interested to inspect and examine any such gauge or any records made thereby or kept by them in connection therewith or to take copies of any such records; or

(b)take any water from the stream contrary to the provisions of subsection (1) or subsection (3) of this section, or fail to comply with the requirements of subsection (2) of this section with respect to the discharge of water into the stream,

they shall, without prejudice to their civil liability, it any, to a person aggrieved, be liable, in the case of an offence under paragraph (a) of this subsection, to a fine not exceeding fifty pounds, in respect of each day on which the offence has been committed or has continued, and in the case of an offence under paragraph (b) of this subsection—

(i)on summary conviction, to a fine not exceeding fifty pounds in respect of each such day; and

(ii)on conviction on indictment, to a fine not exceeding five hundred pounds in respect of each such day.

(5)In this section, the expression " gauge " includes a gauge weir or other apparatus for measuring the flow of water, and the expression " approved " means approved by the Minister; and, for the purposes of this section, a catchment board, a fishery board, a rivers board and a navigation authority shall be deemed to be interested in the flow of water in, and the discharge of water into, any stream within their area or district, or, as the case may be, forming part of their system of navigation or any stream feeding such a stream or any part of that system and shall be deemed to be aggrieved by the commission of an offence under this section in relation to any such stream.

(6)The foregoing provisions of this section shall be deemed to have been accepted by all persons interested as full compensation for all water impounded by the authorised works, except in respect of any land between the foot of the embankment of the reservoir and the point of discharge approved for the purposes of subsection (2) of this section.

(7)Subject to the provisions of section five of the Criminal Justice Administration Act, 1914, any fine recovered under this section on the complaint of a fishery board or of an officer of, or person authorised by, a fishery board shall, as to the whole or such part thereof as the court may determine, be paid to the board in respect of the costs of the prosecution.

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