The Strathclyde Regional Council (Kilduskland) Water Order 1994

Citation and commencement

1.  This Order may be cited as the Strathclyde Regional Council (Kilduskland) Water Order 1994 and shall come into force on 17th June 1994.

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 Strathclyde 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 Strathclyde Regional Council (Kilduskland) Water Order 1994 Plan of Catchment Area” and “The Strathclyde Regional Council (Kilduskland) Water Order 1994 Location Plan, Plans and Sections of Works Nos. 1, 2 and 3”, 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 Glasgow;

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

“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 land or sufficient rights therein.

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

3.  The provisions of sections 2 and 10(3), (4) and (5) of Schedule 4 to the Act(1), modified and adapted to read as set out in Schedule 2 to this Order, shall apply to the undertaking in so far as affected by the provisions of this Order, and the terms used in those provisions, as so modified and adapted, which are defined in this Order, shall have the same meaning as in this Order.

Water rights

4.  Subject to the provisions of this Order, the Council may, for the purposes of the undertaking and by means of the existing scour pipe through the dam and an intake pipe (part of Work No.1), take water from the reservoir known as Kilduskland in the Argyll and Bute District of the Strathclyde Region.

5.—(1) During the construction of the works the Council may take from the said Kilduskland Reservoir such water as they may require for such construction.

(2) After completion of the works the Council–

(a) shall not in any one day take from the said Kilduskland Reservoir a quantity of water greater than 2,900 cubic metres as measured through or over an approved gauge (part of Work No. 2); and

(b) shall discharge as a compensation flow into the Kilduskland Burn from the reservoir in a uniform and continuous flow a quantity of water not less than 90 cubic metres per day as measured through or over an approved gauge (part of Work No. 3), which gauge the Council shall instal before taking any water from the said reservoir.

6.  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.

Miscellaneous

7.  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 to the Council a copy thereof and a copy of each of the deposited plans.

T D Macdonald

Deputy Chief Engineer, Scottish Office

Scottish Office Environment Department 27 Perth Street,

Edinburgh

10th June 1994