Water Environment (Abstractions and Associated Impoundments) Act 2022
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Chapter 3 Abstraction by Irish Water from reservoirs of Electricity Supply Board | ||
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Abstraction by Irish Water from reservoirs of Electricity Supply Board | ||
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83. (1) Irish Water and the ESB may enter into an agreement whereby Irish Water may abstract and the ESB may permit Irish Water to abstract water from a reservoir owned or operated by the ESB, (in this section referred to as a “water abstraction agreement”) upon such terms and subject to such conditions as may be specified in the water abstraction agreement. | ||
(2) The Minister may, following a request by Irish Water and having consulted with the Minister for the Environment, Climate and Communications, give a direction to Irish Water and the ESB to enter into a water abstraction agreement upon such terms and subject to such conditions as may be determined by the Minister. | ||
(3) Irish Water and the ESB shall comply with a direction of the Minister within the period specified in the direction. | ||
(4) The Agency shall only consider an application under Part 5 by Irish Water for a licence for an abstraction from a reservoir owned or operated by the ESB where Irish Water provides a water abstraction agreement relating to that abstraction to the Agency. | ||
(5) Where the Agency is provided with a water abstraction agreement under subsection (4), it may require further documents or information from Irish Water or the ESB concerning the water abstraction agreement as the Agency considers necessary and Irish Water or the ESB shall furnish the information to the Agency within the period specified by the Agency. | ||
(6) The ESB shall not be liable to pay compensation to a 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 a public abstraction from a reservoir owned or operated by the ESB. |