Ongoing work to drain a turlough in Co Roscommon as part of flood-prevention measures, must cease immediately, or Roscommon County Council will face a High court Challenge as early as Monday, officials have been warned.
Lough Funshinagh near Lecarrow, west of Lough Ree is a naturally occurring turlough – a lake which can rise and disappear rapidly as waters rise and fall through the limestone karst.
Locals have a history of concern with rising water levels with some people evacuating their homes as recently as February of this year, when floods came within yards of their front doors.
Over the last five years, 100 hectares (247 acres) have been flooded around Lough Funshinagh with Minister for Agriculture Charlie McConalogue warning that farmers affected might miss out on European Union farm payments unless the waters recede and land is available for grazing or agricultural use.
In June, Roscommon County Council and Minister of State for the the Office of PublicWorks (OPW) Patrick O’Donovan launched works to drain the turlough, by laying a 2.6 km pipe which would drain water, pouring in into a local watercourse, which in turn feeds into Lough Ree.
Mr O’Donovan had previously acknowledged difficulties with such works posed by the designation of Lough Funshinagh as a special area of conservation – a designation which conveys EU regulatory protection.
Lough Ree is also a special area of conservation, and has added protection as a special protected area (SPA) for birds.
Speaking at the start of works on the project, Mr O’Donovan said he was “delighted that Roscommon County Council has taken the decision to proceed with urgent works” and he noted this was being done “under the provisions contained in the Local Authorities (Works) Act 1949”.
‘Obligations under EU law’
But on Thursday of this week Friends of the Irish Environment (FIE) sent a solicitor’s letter to Roscommon County Council and the OPW requiring that all works cease unless the council was able to prove it had “valid consent” by Friday, August 6th.
The solicitor’s letter called for proof that “lawful assessments under the EIA, Habitats and Water Framework Directives have been conducted”. It said “despite extensive searches” it seemed “Roscommon County Council and the Office of Public Works have not complied with their obligations under EU law and that the works are therefore unlawful and are being carried out in breach of EU law.”
The letter said Friends of the Irish Environment required the council to “ provide written confirmation by close of business on Friday 6 August 2021 that the works have ceased and that no further works will be carried out until a valid decision granting permission for the works is produced”.
The letter noted FIE “may have no option but to initiate immediate legal proceedings, including potentially seeking injunctive relief in the High Court the week commencing Monday 9 August 2021.
In response to queries, the OPW said is was “undertaking urgent works at Lough Funshinagh on behalf of Roscommon County Council and any queries in relation to these urgent works should be directed to the council”.
The council said it had “no comment” on the issue.
In February The Irish Times reported that local man Edward John Beattie (82) was watching as the expanding Lough Funshinagh inched closer to his front door. The retired farmer said he was advised by senior Roscommon County Council officials to leave his house in Ballagh Cross, Rahara, where he has lived since 1951. While he said the "last thing I want is to leave our house," Mr Beattie and his wife Teresa moved to temporary rented accommodation about 2.5km away.
