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Power to carry out public abstraction
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61. (1) Subject to the requirements of this Act and any other enactment, Irish Water may carry out a public abstraction and undertake any ancillary operations as are necessary for the purpose of carrying out the public abstraction.
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(2) For the purpose of subsection (1), Irish Water may—
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(a) control and from time to time alter or otherwise affect the level of any river, lake, pond, or other water on or connected (directly or indirectly) with the public abstraction,
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(b) control and from time to time divert or otherwise interfere with, the flow of water in any river, lake, pond or other water connected (directly or indirectly) with the public abstraction,
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(c) carry out the public abstraction notwithstanding the right of any person to prevent or restrict the public abstraction,
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(d) restrict or otherwise interfere with any easement, way-leave, water right, fishing right or other right over or in respect of any water, and
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(e) carry out the public abstraction notwithstanding that Irish Water has not acquired the right, title or interest of any person in an easement, way-leave, water right, fishing right or other right over or in respect of the water in the source of water from which the public abstraction shall be carried out, or to the uninterrupted flow of water from that source of water into or through any watercourse, whether natural or artificial.
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