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The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990

S.I. 1990/1165 · Made 30 May 1990

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WATER SUPPLY, SCOTLAND

Made 30th May 1990

Coming into force 6th June 1990

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 Highland 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 Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 and shall come into force on 6th June 1990.

2Interpretation

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 plans” means the two plans, each prepared in duplicate, docqueted and signed as relative to this Order and marked respectively “The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plan of Catchment Area” and “The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works”, one copy of each 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 purposes 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 plans, propose to construct and maintain for the purpose of providing a supply of water when they have acquired the necessary lands 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) and (4) 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 an intake (part of Work No. 1), take water from the river known as the River Einig in the Sutherland District in the Highland Region.

5Water rights

(1)

During the construction of the works the Council may take from the said River Einig such water as they may require for such construction.

(2)

After the completion of the works the Council shall not in any day take from the said River Einig a quantity of water greater than 10 cubic metres as measured through or over 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 each of the deposited plans.

Signature

Alasdair C. Paton

Deputy Chief Engineer, Scottish Office

Scottish Development Department,

27 Perth Street,

Edinburgh

30th May 1990

Schedule 1

The works referred to in this Order and shown on the deposited plan marked “The Highland Regional Council (River Einig, Oykel Bridge) Water Order 1990 Plans and Sections of Works” are–

Work No. 1A pumping chamber and valve chamber at National Grid Reference NC 3852 0015 incorporating an intake with a lowest sill level of 25.18 metres or thereby above ordnance datum, situated at a point 94 metres or thereby west of the bridge over the River Einig at Oykel Bridge.
Work No. 2A pipe extending 15 metres or thereby in a westerly direction from Work No. 1.
Work No. 3A gauging chamber incorporating an approved gauge to measure the quantity of water abstracted, situated at the western end of 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–