College sues ESB for flood damage
In the first significant legal action following the floods, UCC claims it sustained substantial damage to its property following a period of prolonged rainfall, when the ESB released millions of litres of water from its Inniscarra Dam on the River Lee.
The college claims the ESB was negligent and caused severe flooding by releasing too much water in too short a time from the dams. As a result of the ESB’s actions, UCC claims 30 acres of its 80-acre campus were submerged.
Twenty-nine buildings — including the Glucksman Gallery, the Western Gateway Building, the Maltings Complex, several student accommodation blocks, and the entire Mardyke sports complex — were damaged by the flooding.
In its statement of claim, UCC said:
* It had rained almost every day in November 2009 and weather warnings of heavy rainfall were issued by Met Éireann for the River Lee catchment area on November 12, 15 and 18.
* Despite these warnings, and other information available, the ESB failed to respond and increase the discharge water in a timely manner, raising water levels in the dam’s reservoirs.
* Water levels at the reservoirs were kept at levels that were too high for the level of rainfall expected, and there was no adequate storage capacity for flood mitigation.
* On November 19, following the heavy rainfall, the ESB rapidly increased the amount of water it released from both dams at an unprecedented rate of discharge.
* The ESB failed to act earlier and preemptively by releasing amounts of water from the dam at a rate to avoid or minimise the risk of flooding.
* The ESB failed to warn property owners that it was releasing a significant volume of water over a short period of time.
* The ESB failed to declare the situation an emergency.
All the claims are denied.
Mr Justice Peter Kelly made an order transferring UCC’s claim to the Commercial Court, the big business division of the High Court. The matter was adjourned until July.
UCC, which has brought its action by way of a subrogated claim on behalf of its insurer Aviva, claims the ESB was negligent and in breach of its care of duty to properly manage the dams and reservoirs in a way to minimise the risk of flooding.
Aviva’s losses as a result of the flooding alone are in excess of €34m, and the insurer intends to pursue the balance of its losses following the determination of UCC’s proceedings.
The dams at Inniscarra and Carrigadrohid are owned and operated by the ESB for the hydroelectric generation of electricity. The dams are 13km and 27km upstream from Cork, and reservoirs were created on the river at both sites.
UCC claims the ESB wrongfully interfered with the university’s enjoyment of its lands, and created a nuisance.
The court also heard a number of other properties in Cork City were damaged by flooding on November 19, 2009.
It was estimated that the floods caused damage costing €150m.
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