Dunfermline District Water Provisional Order [1904] UKHL 887 (25 March 1904)

Dunfermline District Water Provisional Order [1904] UKHL 887 (25 March 1904)

The Commissioners determined that one-third of the abstracted water should be provided as compensation water to the lower proprietors, reflecting established practice and the principle that compensation is based on the fullest possible use of riparian rights. Compensation water must be supplied every day, including Sundays, to ensure the continuous protection of downstream interests.

Citation
[1904] UKHL 887
Parties
Promoter: Dunfermline District of the County of Fife; Objector: William James Haig of Dollarfield; Objector: Right Hon. Lord Abercrombie; Objector: The Distillers Company, Limited; Objector: County Council of the County of Clackmannan
Jurisdiction
United Kingdom
Judgment Date
25 March 1904
Procedural Posture
Provisional Order (private Legislation Procedure) / Hearing Before House of Lords Commissioners
Outcome
Provisional Order adjusted to require one-third compensation water, supplied every day including Sundays.
Legal Topics
Compensation Water, Riparian Rights, Water Supply, Private Legislation Procedure
Administrative Law Water Law Environmental Law Compensation Water Riparian Rights Water Supply Private Legislation Procedure

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Parties

Dunfermline District of the County of Fife

Promoter

William James Haig of Dollarfield

Objector

Right Hon. Lord Abercrombie

Objector

The Distillers Company, Limited

Objector

County Council of the County of Clackmannan

Objector

Procedural Posture

Provisional Order (private Legislation Procedure) / Hearing Before House of Lords Commissioners

Legal Issues

  1. 1 What is the appropriate amount of compensation water to be provided to lower proprietors when water is abstracted for public supply?
  2. 2 Should compensation water be supplied every day, including Sundays, or only on working days?

Ratio Decidendi

The Commissioners determined that one-third of the abstracted water should be provided as compensation water to the lower proprietors, reflecting established practice and the principle that compensation is based on the fullest possible use of riparian rights. Compensation water must be supplied every day, including Sundays, to ensure the continuous protection of downstream interests.

Court Disposition

Provisional Order adjusted to require one-third compensation water, supplied every day including Sundays.

Orders

  • Promoters must provide one-third of abstracted water as compensation water to lower proprietors.
  • Compensation water must be supplied every day, including Sundays.