Haversham & Little Linford - Hill Farm - The GreatOuse River Board

Great River Ouse Board Agreement

This Agreement is made the twenty-eigth - day of
July One thousand nine hundred and fifty-two

BETWEEN THE GREAT OUSE RIVER BOARD (hereinafter

called "the Board") "by Keith Mitchell Roddis its Clerk: of the

one part and JOHN BEATTIE CLARK of Hill Farm Haversham

Bletchley in the County of Buckingham (hereinafter called

"the Licensee") -—

of the other part WHEREAS under and by virtue of the River Boards

Act 1948 certain rivers being "main river" within the meaning of that

Act are under the jurisdiction of the Board as a River Board constituted

under that Act AND WHEREAS the Licensee has requested the Board

to grant to him — such right and permission over and affecting part of

such main river as aforesaid as hereinafter appears.

NOW IT IS HEREBY AGREED AND DECLARED as follows :—

1. THAT the Board in such capacity as aforesaid hereby grants to

the Licensee FULL AND FREE right and liberty to lay construct and

maintain a one and a quarter inch pipe for the purpose of

abstracting water by means of an electric pump from the

River Ouse (being main river under the jurisdiction of the

Board as aforesaid) at Haversham Mill Haversham aforesaid

the approximate position of which said pipe is for the

purpose of identification indicated by a red line on the

plan attached hereto SUBJECT to a maximum rate of abstraction

of approximately 1000 gullons per day or such other amount

as may be agreed from time to time in writing under the hand

of the Clerk of the Board for the time being

2. THE Licensee shall be at liberty to carry out such work as shall

be approved by the Engineer for the time being of the Board and shall

execute all works required to be done in connection therewith under his

supervision and in accordance with directions given by him.

3. THE Licensee shall not carry out or cause to be carried out on

the said river any further works of any description without the approval

of the Board first being obtained.

4. IN consideration of the license hereby granted the Licensee
shall:—

(a) Pay to the Board the sum of - Ten shillings - for

each calendar year or part thereof during which this license shall be

subsisting the first payment to be made on the execution hereof and

subsequent payments to be made in advance on the First day of

January in each year.

(b) Not allow any flooding to occur by reason of the existence

of the said works or the user thereof by the Licensee.

5. IF at any time hereafter default shall be made by the Licensee

in maintaining the said works the Licensee shall upon the Board giving

seven days notice in writing under the hand of their Clerk make good

and repair such default as the Board shall direct provided that in the

case of default by the Licensee in complying with such notice or in the

case of emergency (of which the Engineer shall be the sole judge) the

Board shall be at liberty without notice to make good and repair such

default and the execution and doing of such works and things as the

Engineer shall think necessary and all expenses incidental to the prepara-

tion and giving of such notice and the execution and doing of such works

and things by the Board shall be a debt due to the Board by the Licensee

and shall be repaid to the Board by the Licensee on demand the amount

of such expenses to be ascertained and certified by the Engineer whose

certificate shall be conclusive.

6. (a) This agreement may be determined by either of the parties

hereto giving to the other three calendar months notice in writing of

their intention so to do.

(b) Should the Licensee fail to observe any of the conditions

herein contained and on - his part to be observed and performed

the Board on such failure shall be at liberty to determine this agreement

forthwith.

(c) On determination of this agreement the Licensee will

immediately remove the said pipe —— and will restore the

bank of the said main river to the condition in which it was before the

construction of the said works.

7. THE Board shall not be responsible for any damage injury or

interference which may happen or be caused either directly or indirectly

to the said works or with the user thereof as a result of the exercise by

the Board of any of their powers. —

8. THE Licensee undertakes to save harmless and keep indemnified

the Board from and against all actions claims costs damages or liabilities

arising in consequence of the exercise by the Licensee of the rights

conferred on him by this agreement. —

IN WITNESS whereof the said Keith Mitchell Roddis on

behalf of the Board and the Licensee have hereunto set

their hands the day and year first hefore written

(SIGNED) by the said KEITH)
MITCHELL RODDIS in the) (SGD) K. M. RODDIS
presence of:-)

(SGD) P.W. PAPWORTH

Elmhurst, Brooklands Avenue,
Cambridge.
Local Government Officer.

SIGNED by the said JOHN)
BEATTIE CLARK In the) (SGN) JOHN B. CLARK
presence of :- )

(SGD) M.BUDLEY

Post Office, Haversham,
Wolverton, Bucks,

Sub-Postmistress,

Approximate position of which said pipe is for the purpose
of identification indicated by a red line on the plan

SERIAL No. 57.

GREAT OUSE RIVER BOARD

LAND DRAINAGE ACT 1930

RIVER BOARD ACT 1948

NOTICE OF CONSENT UNDER LAND DRAINAGE BYELAWS

To Messrs. T. H. Paton & Sons,
Hill Farm,
Bletchley
Bucks.

The Great Ouse River Board hereby consents to the following works subject to .the under-
mentioned conditions.

Description of Works.

Abstraction of water from the River Ouse at Haversham Mill.

Conditions.
(1)	The location and design of the works shall be subject to the approval of the Engineer to the Board. (Where drawings have already been approved no further action is necessary in respect of this condition).

(2)	The works shall be constructed and maintained to the satisfaction of the Engineer to the Board.

(3)	A permanent marker shall be provided and maintained one/both bank(s) of the water- course to indicate the presence of concealed works.

(4)	The applicant shall give to the Board not less than seven days notice of the commencement of the works.

(5)	In the event of their falling into disuse or disrepair the works shall be removed and the site restored to the satisfaction of the Board.

(6)	The applicant shall indemnify the Board from and against all actions costs claims and demands whatsoever arising directly or indirectly from the giving of this consent.

(7)	The volume of water abstracted shall not exceed 1,000 gallons per day.

(8)	The abstraction of water shall be discontinued for such a period as may be specified on notice being given by the River Board that such discontinuance is necessary in order to maintain an adequate flow in the River Ouse.

	DATED this 22nd. day of November 1957

	Signed (illeg)
	Clerk of the Board.

	Clerk of the Board.
	Elmhurst,
	Brooklands Avenue, CAMBRIDGE.

	NOTES
1.	Attention is drawn to the extracts from the Byelaws printed overleaf.
2.	This Consent does not imply the consent of the River Board under the provisions. Rivers of the Rivers (Prevention of Pollution) Act, 1951 relating to new outlets for and new discharges of trade or sewage effulent.

EXTRACTS FROM BYELAWS MADE BY THE RIVER GREAT OUSE CATCHMENT BOARD ON THE 1st JUNE, 1933, AND CONFIRMED BY THE MINISTER OF AGRICULTURE AND FISHERIES ON 6th JUNE, 1934.

4.	No person shall divert or alter the level of or direction of the flow of water in into or out of the river without the previous consent in writing of the Board so as to affect the efficient working of the drainage system of the Catchment Area.

5.	No person shall so as to affect the efficient working of the drainage system of the Catchment Area without the-previous consent of the Board in writing take any water from the river for any purpose other than a purpose for which he would subject to the provisions of the Act be lawfully entitled to take water whether as the owner or occupier of riparian land or otherwise.

10.	No person without the consent of the Board in writing shall plant any tree shrub willow or other growth within ten feet of the foot of the bank on the landward side or where there is no bank within ten feet of the brink of the river.

13.	No person shall without the previous consent in writing of the Board so as to affect the efficient working of the drainage system of the Catchment Area :-

	(a) erect or construct or cause or knowingly suffer to be erected or constructed any fence post pylon wall wharf jetty pier quay loading stage piling groyne revetment or any other building or structure whatso- ever in the river or in or on any bank thereof.

	(b) make or cut or cause or knowingly suffer to be made or cut any excavation or any tunnel or any drain culvert or other passage for water in into or out of the river or in or through any bank of the river.

	(c) place or affix or cause or knowingly suffer to be placed or affixed any gas or water main or any pipe whatsoever or any electric main or cable or wire in or over the river or in over or through any bank of the river

	Provided that any person may execute any temporary works as aforesaid in case of emergency subjet to the subsequent consent of the Board which shall be fimmediately applied for.

14.	No person shall dredge or raise or take or cause or knowingly suffer to be dredged or raised or taken any gravel sand ballast clay or any material from the bed or bank of the river except with the consent in writing of the Board which consent may be given either absolutely or subject to conditions.

28.	Where by these Byelaws any person is required to do any work to the satisfaction of the Board, or comply with any directions of the Board, and any dispute arises thereafter as to the satisfactory execution of such work or as to the compliance with any directions such dispute shall, in the case of a dispute between a drainage authority or any other local authority and the Board be referred to the Minister, whose decision shall be final, and in any other case such dispute shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.

	Where by these Byelaws any person is required to refrain from doing any act without the previous consent of the Board such consent shall not be unreasonably withheld and in the event of any dispute arising between a drainage or other local authority and the Board as to whether such consent is unreasonably withheld such dispute shall be referred to the Minister whose decision shall be final. In any other case where a dispute arises as to whether such consent is unreasonably withheld, such dispute shall be referred to the arbitration of a single arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers on the application of either party.

31.	Every person who acts in contravention of or fails to comply with any of the foregoing Byelaws shall be liable on summary conviction in respect of each offence to a fine not exceeding twenty pounds and a further fine not exceeding five pounds for every day on which the offence is committed or continued.