Statutory Instrument 1989 No. 117 (S. 14)

The Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989

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1989 No. 117 (S. 14)

WATER SUPPLY, SCOTLAND

The Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989

The Secretary of State, in exercise of the powers conferred on him by sections 17(2), 29(1) and 107(1)(b) of the Water (Scotland) Act 1980^[1] and of all other powers enabling him in that behalf, on the application of the Highland Regional Council, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989 and shall come into force on 3rd February 1989.

Interpretation
    2.    In this Order—
"the Act" means the Water (Scotland) Act 1980;


"approved" means approved by the Secretary of State;


"the Council" means the Highland Regional Council as water authority;


"day" means a period of 24 hours reckoned from midnight;


"deposited plan" means the plan, prepared in duplicate, docqueted and signed as relative to this Order and marked "The Highland Regional Council (River Lael and Allt Gleann a' Mhadaidh) Water Order 1989 Plan of Catchment Areas and Plans and Sections of Works", one copy of which is deposited in the Scottish Office, New St Andrew's House, Edinburgh, and the other in the office of the Chief Executive of the Council at Inverness;


"gauge" includes a gauge weir or other apparatus for measuring the flow of water;


"intake" includes any work by which water is taken by the Council for the purpose of the undertaking;


"undertaking" means the water undertaking for the time being of the Council;


"works" means the works described in Schedule 1 to this Order which the Council, in exercise of the powers conferred on them by section 21 of the Act, and in the lines and situations and according to the levels shown on the deposited plan, propose to construct and maintain or in the case of existing works continue to maintain for the purpose of providing a supply of water when they have acquired the necessary lands or sufficient rights therein.

Incorporation and application of provisions of Schedule 4 to the Act
    3.    The provisions of section 2 of Part II and sections 10(3) and (4) of Part III of Schedule 4 to the Act^[2] as modified and adapted in terms of section 29(1) of the Act and as set out in Schedule 2 to this Order apply to the undertaking in so far as affected by the provisions of this Order.

Revocation of Order of 1965
    4.    The County of Ross and Cromarty (River Lael Allt Gleann a' Mhadaidh) Water Order 1965^[3] shall cease to have effect when water begins to be taken under Article 5 of this Order.

Water rights
    5.    Subject to the provisions of this Order, the Council may, for the purposes of the undertaking take water from the River Lael by means of an intake (part of Work No. 2), and take water from the Allt Gleann a' Mhadaidh by means of an intake (part of Work No. 5) in the Ross and Cromarty District of the Highland Region.

    6.—(1)  During the construction of the works the Council may take from the said River Lael and Allt Gleann a' Mhadaidh such water as they may require for such construction.

    (2)  After completion of the works the Council shall not—


(a)  take any water from the said River Lael so as to reduce the rate of flow of water therein below 550 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 2);


(b)  take any water from the said Allt Gleann a' Mhadaidh so as to reduce the rate of flow therein below 650 cubic metres in any one day as measured through or over an approved gauge (part of Work No. 5);


(c)  in any one day take from the said River Lael and Allt Gleann a' Mhadaidh a combined quantity of water greater than 1400 cubic metres as measured through or over an approved gauge (part of Work No. 9).

    7.    If the power to take water conferred by this Order has not been exercised within 10 years from the date on which this Order comes into force the said power shall cease.

Miscellaneous
    8.    The Council shall at all times after the expiration of six months from the date on which this Order comes into force keep at the office of the Chief Executive of the Council a copy thereof and a copy of the deposited plan.

Alasdair C Paton

Deputy Chief Engineer, Scottish Office
St Andrew's House, Edinburgh

27th January 1989

[1] 1980 c. 45 back

[2] Section 2 was amended by the Roads (Scotland) Act 1984 (c. 54), Schedule 9, paragraph 81(15)(a); section 10(3) was amended by the Criminal Justice Act 1982 (c. 48), Schedule 6, paragraph 62 and Schedule 15, paragraph 27. back

[3] S.I. 1965/2102 back

Explanatory Note