Section 15 Responsibility of public gas transporter for interference with supplies of water.F2E1

If the injection of gas into, or the presence of gas in, an underground gas storage, or the escape of gas from an underground gas storage or the boreholes connected with an underground gas storage, pollutes any water or interferes with the flow of any water, or displaces any water located in or percolating through an underground stratum, and as a result any person is prevented from effectively exercising or enjoying a protected right (as defined in F1Chapter II of Part II of the Water Resources Act 1991 or within the meaning of that Chapter so far as it applies in relation to any application for a licence which is a licence of right for the purposes of Schedule 7 to the Water Resources Act 1991)) which was exercisable at the time when the storage authorisation order came into force, it shall be the duty of the public gas transporterconcerned to pay such compensation, or to take such other steps, as are specified in this section.

If the water obtainable in exercise of the protected right is polluted and it is reasonably practicable and economical to cleanse the amount of water which the users desire to obtain in exercise of that right, whether by means of apparatus permanently installed or by other means, then—

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right F6are statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, if the statutory water undertakers, the Environment Agency or the Natural Resources Body for Wales provide an alternative supply of water, pay to them the costs reasonably incurred by them in doing so:

Where subsection (2) of this section does not apply, and the persons entitled to exercise the protected right are not statutory water F7undertakersF8, the Environment Agency or the Natural Resources Body for Wales, the gas transporter shall, at the request of those persons, and if it is reasonably practicable and economical so to do, provide without charge an alternative supply of water which is in quantity and quality equivalent to the supply which was being, or might have been, obtained in exercise of the protected right.

Where subsection (2), subsection (3) or subsection (4) of this section applies the public gas transportershall pay to the persons entitled to relief under those subsections—

Where subsections (2) to (5) of this section do not apply the public gas transporter shall pay compensation for the loss or damage suffered.

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Any dispute between a public gas transporterand any other person as to whether or not it is reasonably practicable and economical to take such steps as are described in subsection (2) or subsection (4) of this section shall be referred to and determined by the Minister and the Minister concerned with water resources acting jointly.

Before determining a dispute referred to them under this subsection, the said Ministers shall afford to the parties to the dispute an opportunity of being heard before a person appointed by the Ministers for the purpose, and shall, in determining the dispute, take the report of the hearing into consideration.

In this section references to a protected right which was exercisable at the time when the storage authorisation order came into force include references to a protected right deriving from a licence issued in substitution for a licence which was in force at that time.

It is hereby declared that statutory water F12undertakers, the Environment Agency, the Natural Resources Body for Wales or any other person may surrender any of the rights conferred by this section on such terms as may be agreed with the public gas transporter.

In the application of this section to Scotland—