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The Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987

S.I. 1987/1764 · Made 2 October 1987

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WATER SUPPLY, SCOTLAND

Made 2nd October 1987

Coming into force 9th October 1987

The Secretary of State, in exercise of the powers conferred on him by sections 17(2) and 29(1) of the Water (Scotland) Act 1980f1 and of all other powers enabling him in that behalf, on the application of the Central Regional Council, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1980 c. 45.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Incorporation and application of provisions of Schedule 4 to the Act
  4. 4Water rights
  5. 5Water rights
  6. 6Water rights
  7. 7Miscellaneous
  8. Signature
  9. Schedule 1Schedule 1
  10. Schedule 2Schedule 2

1Citation and commencement

This Order may be cited as the Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987 and shall come into force on 9th October 1987.

2Interpretation

In this Order—

  • “the Act” means the Water (Scotland) Act 1980;

  • “approved” means approved by the Secretary of State;

  • “the Council” means the Central 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 Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987 Plan and Section 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 Stirling;

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

  • “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 for the purpose of providing a supply of water within their limits of supply when they have acquired the necessary land or sufficient rights therein.

3Incorporation and application of provisions of Schedule 4 to the Act

The provisions of section 2 of Part II and section 10(3) of Part III of Schedule 4 to the Actf1 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.

4Water rights

Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of the borehole (part of Work No. 1) and the pump (Work No. 2), take water from an underground aquifer of undetermined extent in the Stirling District in the Central Region.

5Water rights

(1)

During the construction and alteration of the works the Council may take from the said aquifer such water as they may require for such construction and alteration.

(2)

After the completion of the works the Council shall not in any day take from the said aquifer a quantity of water greater than 150 cubic metres as measured through an approved gauge (part of Work No. 3).

6Water rights

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

7Miscellaneous

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.

Signature

Alasdair Paton

Deputy Chief Engineer,Scottish Office

New St. Andrew’s House,

Edinburgh

2nd October 1987

Schedule 1

The works referred to in this Order and shown on the deposited plan marked “The Central Regional Council (Strathyre Borehole, Strathyre) Water Order 1987 Plan and Section of Works” are—

Work No. 1A chamber and a borehole of a depth of 11 metres or thereby situated on the south east side of the confluence of the Allt Chreagain and the River Balvag, and 140 metres or thereby in a south westerly direction from Creagan House.
Work No. 2A pump located below ground within Work No. 1.
Work No. 3A chamber with approved gauge situated 3 metres or thereby to the south of Work No. 1, and a connecting pipe to Work No. 2.

Schedule 2

The provisions of Schedule 4 to the Act referred to in, and as modified and adapted for the purposes of, this Order are—