Liffey Reservoir Act, 1936

Supply of water to districts in Dublin and Kildare.

23.—(1) The Minister for Local Government and Public Health may, if he so thinks fit, on the application of the sanitary authority of a sanitary district in the County of Dublin or the County of Kildare, by order require the Corporation to supply water to such sanitary authority.

(2) The Minister for Local Government and Public Health shall not make an order under the next preceding sub-section of this section unless he is satisfied that the Corporation have begun to take and draw water from the reservoir to be constructed by the Board in pursuance of the Scheduled Agreement and that the supply of water to be given in pursuance of such order can be given without prejudice to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation.

(3) Whenever the Corporation is required, by an order made under this section, to supply water to a sanitary authority, the following provisions shall have effect, that is to say:—

(a) the Corporation shall, so long as such order continues in force, supply to such sanitary authority such quantity of water, at such times and places, and on such terms (including terms as to payment) as shall from time to time be agreed upon by the Corporation and such sanitary authority or shall, in default of such agreement, be determined by the Minister for Local Government and Public Health ;

(b) the water supplied in pursuance of such order shall be so supplied from a catchment, storage, or service reservoir constructed by the Corporation for its own purposes or from a conduit pipe or aqueduct similarly constructed;

(c) the supply of water in pursuance of such order shall be subject to the due performance of the obligations of the Corporation in relation to the supply of water to the county borough of Dublin and to the areas outside that county borough which are, at the date of such order, entitled to be supplied with water by the Corporation, and those obligations shall have priority to the obligations of the Corporation under such order;

(d) the water supplied in pursuance of such order shall be delivered by the Corporation at a point (whether in or outside of the sanitary district of such sanitary authority) agreed upon by the Corporation and such sanitary authority or, in default of such agreement, fixed by the said Minister, and all pipes, mains, and conduits necessary to carry such water from the said point shall be provided, laid, and maintained by such sanitary authority;

(e) whenever the price to be paid by such sanitary authority for the water supplied in pursuance of such order is fixed by the Minister under the next preceding paragraph of this sub-section, the Minister when so fixing such price shall consider the capital indebtedness of the whole waterworks system of the Corporation and the annual cost of the upkeep and maintenance thereof.

(4) The Minister for Local Government and Public Health may, whenever he so thinks fit on the application of the Corporation or of the sanitary authority concerned, amend or revoke any order (including an order made under this sub-section) previously made by him under this section.

(5) Before doing any of the following things, that is to say:—

(a) making an order under the first sub-section of this section, or

(b) amending or revoking any such order, or

(c) fixing or revising the price to be paid by a sanitary authority for water supplied to it in pursuance of any such order,

the Minister for Local Government and Public Health may, if he so thinks fit, and shall, if so requested by the Corporation, hold a public inquiry in respect of the doing of such thing, and Article 32 of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall apply in respect of every such public inquiry in like manner as it applies in respect of the local inquiries mentioned therein.