Aberdeen Corporation Water Order [1915] UKHL 863 (21 October 1915)

Aberdeen Corporation Water Order [1915] UKHL 863 (21 October 1915)

The Commissioners found the preamble proved and determined that, given the river's flow and minimal impact from additional abstraction, no condition for compensation water was necessary.

Citation
[1915] UKHL 863
Parties
Promoter: Aberdeen Corporation; Objector: District Board of the River Dee District; Objector: Sir Victor Mackenzie, Bart., and other riparian owners
Jurisdiction
United Kingdom
Judgment Date
21 October 1915
Procedural Posture
Provisional Order / Final Determination
Outcome
Order granted without condition for compensation water.
Legal Topics
Water Abstraction, Compensation Water, Statutory Construction, Riparian Rights
Public Law Environmental Law Local Government Law Water Abstraction Compensation Water Statutory Construction Riparian Rights

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Parties

Aberdeen Corporation

Promoter

District Board of the River Dee District

Objector

Sir Victor Mackenzie, Bart., and other riparian owners

Objector

Procedural Posture

Provisional Order / Final Determination

Legal Issues

  1. 1 Whether the Order should require construction of a compensation water reservoir as a condition for additional water abstraction
  2. 2 Whether omission of section 127 of the Lands Clauses (Scotland) Act was properly rectified
  3. 3 Adequacy of clauses for workmen accommodation during construction

Ratio Decidendi

The Commissioners found the preamble proved and determined that, given the river's flow and minimal impact from additional abstraction, no condition for compensation water was necessary.

Court Disposition

Order granted without condition for compensation water.

Orders

  • Clauses adjusted to rectify omission of section 127 of the Lands Clauses (Scotland) Act.
  • Clause inserted for workmen accommodation during construction.