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Bahamas: WITHIN ITS RIGHT: Judge rules no legal basis to prevent RO operator from shutting off Eleuthera water supply

NASSAU, BAHAMAS — A Supreme Court judge has ruled that there is no legal basis to prevent reverse osmosis plant operator Aqua Design Bahamas from switching off its water supply over significant outstanding arrears, noting that its relationship with the Water and Sewerage Corporation (WSC) appears “irreconcilable”.

In a judgment dated August 6, Justice Indra Charles noted that attorneys representing both parties had agreed for the execution of her judgment to be stayed to September 10 at 2.30pm to “give them an opportunity to work out their differences”. This move has been endorsed by the court.

Charles noted that Aqua Design Bahamas had properly terminated its sub-agreement with WSC to supply desalinated water for Central Eleuthera last October and is therefore entitled to a reasonable period of two months to demobilize its “materials, equipment, fixtures, chemicals and consumables and facilities” and to leave the plant site in “a neat, clean and tidy condition to the satisfaction of the applicant (WSC)”. The sub-agreement was due to expire on August 13, 2031, or upon reaching a maximum delivery of 2,190 MM gallons, whichever came first.

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