United Kingdom House of Lords Decisions

Subject_Provisional Order — Water — Agreement between Local Authorities Confirmed by Order — Revision thereof in Subsequent Order. Headnote:

In 1913 the Dunfermline District Committee of Fife County Council, by Provisional Order, obtained power to carry out a water scheme known as the Glendevon Scheme ( 50 S.L.R. 980). It was now proposed to make certain changes in the powers so conferred. The scheme could not be carried through within the time allowed nor at the estimated figure, and a prolongation of time with power to borrow an additional £50,000

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was sought. Some works had been constructed under order issued by the competent naval authority under the Defence of the Realm Acts, and it was sought to make these a permanent part of the scheme. Under the 1913 Order the compensation water was to have been 35 per cent. of the flow passed down the stream by means of a bye-pass which was to be constructed before any water whatever was taken, and now a different arrangement had been made with the parties interested, whereby the amount of water which might be taken by the authority was limited unless and until it made a compensation reservoir. The agreement made in 1913 with Dunfermline burgh for the supply to it of a certain amount of water at a price was sought to be altered as to the price.

Dunfermline Burgh were the only objectors who appeared, and the objection came to be restricted to the question of the alteration of the price of the supply to the burgh authority. Under the agreement in 1913 the price for the first 600,000 gallons was 1–75d. per 1000 gallons, with a falling charge for any further quantity. The promoters in view of the additional cost of the works asked that the price should be referred to an arbiter, while the burgh maintained that in the absence of evidence of gross inequity the contract made in 1913 between the parties should be maintained. Eventually the objectors offered a capital sum representing an additional 1 4d. on the first 600,000 gallons, which offer the promoters were willing to accept provided the question of price was, after the compensation reservoir was made, remitted to an arbiter, but the objectors would only consent to a reference so far as the price was affected by the making of the compensation reservoir. The Commissioners ruled in favour of the promoters.

By the agreement in 1913 the District might within six months raise before an arbiter a claim for compensation for the loss of a considerable portion of their district transferred as to supply of water (as it had been in other respects by private bill in 1911; v. 48 S.L.R. 1097) by the Order. This had not been done within the time specified, and it was argued the right had lapsed. Parties, however, agreed that the claim should still be open, provided it was not advanced till after the war was over.

The burgh had objected to an extension of time unless provision was made for its obtaining a supply meanwhile at a price to be fixed by an arbiter. Counsel for the promoters intimated that his clients would do what they could to supply the burgh if necessary, and that counsel for the burgh was willing the matter should rest there. He had thought it right this should appear in the proceedings.

Clauses were adjusted.