Comment posted Bridge of Orchy in stand off with council on water supply by Simon.
No Keith – you’re not missing anything – other than yours is NOT the type of response that’s expected on here!!! (hence the 2 ‘thumbs down’)
So, the next time Newsie uses the words ‘Argyll and Bute Council’ best you hiss and boo along with the rest of them – just like you’re supposed to!! 
Simon also commented
- I would just like to reiterate the points I made at post number 6.
Any suggestion that the council-taxpayer should pay for a private supply sound rubbish and – if there is a doubt – then let it be tested in court.
- As a council tax payer I really don’t see why the Council should pay for this – unless they are legally obliged to do so. The people who bought the council houses bought them at a discount price – so just before Newsie or anyone else suggests we waste public money here – let’s find out first who is legally responsible.
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There’s a direct analogy with the council’s performance in Lochgilphead, where it took the opportunity of offloading a terminally corroded footbridge on a public footpath onto ACHA on the basis that the houses in High Bank Park not already privately owned were being transferred to ACHA. They’ve also unloaded one of the two footpath links onto ACHA; the other path is seemingly not adopted and they’ve failed to maintain the fence between it and the river – presumably if a child disappears in a flood the council will deny any liability. ‘Corporate social responsibility’? – you must be joking.
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So let me get this right. There must be hundreds of householders outwith the Scottish Water supply area who are responsible for their own private water supplies. The Council has absolutely no responsibility for them and why should they? So why should the Council (i.e. all Council tax payers) be expected to continue paying to maintain a water supply for a select group of individuals who have enjoyed free water for years when everyone else has to either pay Scottish water or take responsibility themselves? Or am I missing something?
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Essentially, Keith, because the council moved the village to a single supply by its own wish, has not brought that supply up to acceptable standards of safety and quality – and now wishes to walk away, leaving the residents with the additional bill of bringing up to standard a core facility it has chosen not to maintain as it should.
They make it clear that they are quite prepared to pay for their water but not to upgrade the system that delivers it, which has not previously been their responsibility.
We asked the council for a statement on its position on the matter and have had no response.
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Yes, let’s get it right Keith – my parents are 2 vulnerable residents of Bridge of Orchy (both with significant health issues, my father suffers from dementia) who are left periodically without water and central heating for days sometimes weeks at a time. I have on several occasions tried to get Argyll and Bute to help resolve the issue for my parents but they have chosen to ignore my appeals. Keith if your comments were meant to have a dig – well congratulations you’ve hit a gaping wound!
Incidentally their property is an old railway house which has had rights to the supply for over 100 years.
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Here are the minutes detailing said water supply problems.
A&BC appear to be in ” hot water” Apologies for the pun!
5. Bridge of Orchy Water Supply. Iain MacKinnon, Argyll & Bute Council.
Iain MacKinnon kindly presented the meeting with an overview of the current unsatisfactory water supply which because it is not “public” is by default “private”. There was a lively debate with residents pushing Argyll & Bute for a solution to unsafe water quality and storage problems as historical documents show clearly that A&B (or their forebears) adopted the supply in 1995 and made changes to the supply and property connections with little or no consultation with the residents while A&B managed council owned property in the village. There are letters from A&B to residents reassuring them and stating clearly that A&B will maintain the supply while they continue to own the primary school building, which still appears to be the case; Cllr MacDonald will help us confirm the current ownership. The other issue is the enormous difference in water usage between commercial and residential users. Iain MacKinnon suggested that a small group of residents get together and he will help them take matters forward, there may also be immediate help for those with special needs. The aim would be to get A&B to recognise their responsibilities and bring the supply up to European standards at which point perhaps Scottish Water can adopt the supply and it will become a formally metered “public” supply; this has happened at Cladich and Eredine. 9 volunteers offered their services to this project. Ian Andrew, Anne Marshall, Kenny McLennan, Steve and Helen McColl, Helen Frazer, Gary and Linda (Fullerton), Duncan Walker; and more would want to help.
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Given that the Council closed Bridge of Orchy School in 2004 it seems reasonably forseeable that at some point the Council would seek to sell the property thus relinquishing its responsibility as indicated clearly in Morag’s notes above. It does appear that the residents have missed an opportunity between 2004 & 2010 to secure a permanent arrangement that could have avoided the problems at Christmas 2010. Had I bought a property in the village after 2004 I would be infuriated if my solicitor had not pointed out the potential pitfalls associated with the water supply.
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No Keith – you’re not missing anything – other than yours is NOT the type of response that’s expected on here!!! (hence the 2 ‘thumbs down’)
So, the next time Newsie uses the words ‘Argyll and Bute Council’ best you hiss and boo along with the rest of them – just like you’re supposed to!!
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Simon- if you check my limited history of postings you will see that I can boo & hiss at Argyll & Bute Council with the best of them. I’d like to think that the website benefits more from objective views rather than entrenched or persistently prejudiced ones.
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While the village of Bridge of Orchy is grateful for any support, it is important that their position be put in a balanced manner and I am happy to respond to any questions.
On the points raised:
In 2003 an enquirer to the Council Tax Office at Argyll and Bute was told the water supply was included in the Council Tax bill, there was no separate line because the Authority is not a separate water supplier. As a result, everyone in the village was re-assured they were paying for their water system. The businesses in the village have contributed fully to the cost of repairs over the years.
Prior to the Council installing the present system there were two supplies in the village but everyone was placed on the new supply without consultation, private houses businesses and Council property alike.
The Council continued to maintain the supply without question until the major failure in 2010, thereby reassuring everyone that they were the responsible person required for management of a water supply. Only when a large bill was estimated did they state they were not responsible, no other person or body is the responsible person.
The system is not fit for purpose and it transpires that when it was installed in 1996 it was connected to lead piping, which was illegal. There is therefore no guarantee that there are no problems elsewhere in the system which are not visible.
The villagers are happy to pay towards repair of the system but without some guarantee of it’s durability they are not in a financial position to accept the third party liability involved in maintaining it, which could potentially involve digging up or repairing the A82 in event of a burst or subsidence.
All rights to the water supply are legally vested in Argyll and Bute Council, and no-one else. They have the permission from Landowners to extract the water and run the system through their land.
The Council representatives have made it clear they will not enter into any form of discussion on what can be done, the villagers either accept their proposal or they will not provide servitude rights, effectively cutting off the right to clean water which the United Nations consider a basic human right.
A deadline of a few weeks has been set to make that decision and villagers have been advised to seek legal advice before signing. The deadline does not give sufficient time to seek the necessary technical and legal assistance, which will only come at a major cost.
No other community in Scotland has ever been placed in this position and all the other agencies and political bodies contacted are appalled by the manner in which it is being handled.
Bridge of Orchy has an ageing population and the situation is causing distress and health worries for elderly residents who have neither the technical or legal knowledge to manage their own water system.
The villagers feel very strongly that while they try to seek solutions the Council is pressuring them to accept their option as the only solution. This will not provide a supply which meets Scottish Water standards.
The villagers are asking that the supply be brought up to a standard where it could be accepted by a water authority who would, hopefully, take it over. They would then be able to pay for their water the same as everyone else in the country and would have no worries about major costs from the third party liability of running their own system.
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As a council tax payer I really don’t see why the Council should pay for this – unless they are legally obliged to do so. The people who bought the council houses bought them at a discount price – so just before Newsie or anyone else suggests we waste public money here – let’s find out first who is legally responsible.
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As a council tax payer I believe that there is a clear moral obligation for the Council to pick up this tab.
It would probably suit some if Bridge of Orchy, like many other small rural communities, went to the wall and did not make tiresome demands for services that the rest take for granted.
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Argyle@Bute council should be standing up and taking responsibility,Not trying to run adictatorship,on a small village but obviuosly there are not enough votes for you to bother about.
As for you Keith your attitude is beneath contempt.
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Let us be clear on one point. The villagers are not objecting to paying their share, what concerns them is that the infrastructure they are being left with is not fit for purpose and will not last. In these circumstances they will be left with all the risks in event of a failure, a potentially major risk if you consider pipes under the railway and the A82 and the potential for claims from visitors. They have attempted to gain insurance or obtain some form of private cover but no-one will touch the system the Council installed without consultation.
Personally, I have no issue with any posted opinion which does not match mine but I reserve the right to differ. That’s what democracy is all about, not bullying people over whom you think you have some control.
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I think its shocking that the council are refuting responsibility for the water supply, this should be shared by the council and scottish water, the system should be upgraded but not by the village people.And at Keith if they pay their council tax then yes they shouldnt have to pay for their water.
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Perhaps what the Bridge of Orchy folk need is the services of a sharp lawyer, who might just relish sinking teeth into the council’s lawyers over this issue.
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Shouldn’t each property’s water rights be in its title deeds? If there have been any changes to the provision of water this should also have been changed in the title deeds. Did any of the householders think to approach the council about this at the time?
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I would just like to reiterate the points I made at post number 6.
Any suggestion that the council-taxpayer should pay for a private supply sound rubbish and – if there is a doubt – then let it be tested in court.
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Thanks to certain politicians who have supported the village throughout, a resolution has been achieved. Repairs will finally be made with all residents contributing and Argyll and Bute will maintain the system and charge water rates until it can be adopted by Scottish Water.
Exactly what the residents of Bridge of Orchy have been asking for.
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