Water Environment (Abstractions and Associated Impoundments) Act 2022

Claim for compensation

69. (1) Any person whose right, title or interest in an easement, way-leave, water right, fishing right or other right over or in respect of water has been materially adversely affected by the carrying out of a public abstraction may claim compensation from Irish Water for damage suffered by the person in consequence of that public abstraction.

(2) Subject to subsection (3), a claim under subsection (1) shall be made within 52 weeks from the date of the commencement of the carrying out of the public abstraction.

(3) The High Court may, on the application of a person referred to in subsection (1), extend the period referred to in subsection (2) for the making of a claim under subsection (1) where the Court is satisfied that—

(a) there is good and sufficient reason for so doing, and

(b) the circumstances that resulted in the failure to bring the claim under subsection (1) within the period referred to in subsection (2) were outside the control of the person.