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United Kingdom House of Lords Decisions |
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You are here: BAILII >> Databases >> United Kingdom House of Lords Decisions >> Cowdenbeath Water Provisional Order [1918] UKHL 663 (01 October 1918) URL: http://www.bailii.org/uk/cases/UKHL/1918/56SLR0663.html Cite as: [1918] UKHL 663, 56 ScotLR 663 |
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Page: 663↓
(Before the
Subject_Provisional Order — Water — Fishing — Compensation Water.
Cowdenbeath Town Council promoted this Order with the object of acquiring from the Dunfermline District Committee of Fife County Council the works of and rights in the Kelty Water Supply—a scheme carried out under a Provisional Order of 1896, but now no longer required by the District Committee in view of their large Glendevon scheme, instituted in 1913. They also sought to get rid of the restriction on the amount of water which might be taken under the 1896 Order, and to fix and regulate the compensation water to be given. Under the 1896 Order only a limited number of gallons of water was allowed to be taken by the local authority, the remainder, presumably in the interests of the riparian and fishing owners, being left in the stream, and it was now proposed to take the whole supply less compensation water.
The Order was opposed by certain mill-owners, and also by Sir Basil Graham Montgomery, the owner of Loch Leven fishing, other objectcrs having withdrawn or made terms. The opposition was directed against any alteration on the position under the 1896 Order, any further water required being to be got elsewhere, but it came to be practically a question as to the amount and regulation of the compensation water.
The Commissioners found the preamble proved, and directed that the compensation water should be calculated on the basis of an estimated total daily supply of 780,000 gallons; that the compensation water should be given during the months June, July, August, September, and October at double the amount given in the remaining months; that it should be given on Sunday as well as on other days.
Clauses were adjusted.
Counsel for the Promoters— Macmillan, K.C.— Mitchell. Agents— R. T. Milne, Town-Clerk, Cowdenbeath— John Kennedy, W.S., Westminster.
Counsel for the Mill-owners (Objecting)— Constable, K.C. Agents— Horne & Lyell, W.S., Edinburgh.
Counsel for Sir Graham Montgomery, Bart. (Objecting)— Condie Sandeman, K.C. Agents— Falconer & Marshall, Solicitors, Kinross.
