I move that the Committee agree with the Seanad in amendment No. 1:—
Section 5. In page 4, line 60, after the word "application" the words "may be made" inserted.
Water Supplies Bill, 1941—From the Seanad.
The Dáil went into Committee to consider Seanad amendments.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:—
New section. Before Section 19 a new section inserted as follows:—
19.—(1) Where, immediately before the passing of this Act, a sanitary authority was taking water from a source of water for the purposes of a water supply provided by them under the Public Health Acts, 1878 to 1931, such sanitary authority may, after the passing of this Act, continue to take water from such source of water at the place, by the method, and in the quantity at, by, and in which they were so taking water immediately before the passing of this Act.
(2) Nothing in this section shall prejudice or affect the right of any person to recover damages from a sanitary authority for any wrongful interference before the passing of this Act by such sanitary authority with the property of such person or for any interference after the passing of this Act by such sanitary authority with the property of such person which, but for this section, would be wrongful interference.
The purpose of this amendment is to substitute a new Section 19 for the Section 19 which appears in the Bill. The object of the new section is, in fact, the same as that of the section which it is proposed to delete. Section 19, as it stands in the Bill, provides that:—
Where a sanitary authority is, immediately before the passing of this Act, taking water from a source of water for the purposes of a water supply provided by them under the Public Health Acts, 1878 to 1931, no court shall grant or issue any injunction or order to restrain or having the effect of restraining the sanitary authority from continuing to take water...
Instead of prohibiting the court from granting an injunction, the new Section 19 provides that a sanitary authority in respect of existing schemes shall have the right to take water at the place, by the method, and in the quantity at, by, and in which they were taking water immediately before the passing of this Act.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 3:—
Section 19. The section deleted.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 4:—
New Section. Before Section 20 a new section inserted as follows:—
20—Where a sanitary authority is empowered by virtue of this Act to take a supply of water from a source of water at any place, such sanitary authority shall have the same rights to prevent interference with the flow of water in, from, or to such source of water and to prevent pollution of the water in such source of water as an owner of land at such place contiguous to such source of water.
This is a new section providing for the protection of existing water rights, and giving protection against pollution of a source of water.
Question put and agreed to.
Agreement with amendments reported and agreed to.
Ordered: That the Seanad be notified accordingly.