Mr. Séamas Ó Tuathail:

I think so, yes. I do not want to upset my friend here, but that is my view. One must also remember that in common law water and air are incapable of ownership. This is reflected in the title deeds of the Duke of Devonshire for the Munster Blackwater. After the Battle of Kinsale, he was granted by Elizabeth I the bed and soil of the river and the fish that flowed therein. What was missing, of course, was the water because in common law water was incapable of ownership - air likewise.

I will quickly read Article 10 of the Constitution:

All natural resources, including the air and all forms of potential energy, within the jurisdiction of the Parliament and Government established by this Constitution and all royalties and franchises within that jurisdiction belong to the State subject to all estates and interests therein for the time being lawfully vested in any person or body.

Anybody who has ever looked at a land folio in Ireland has seen the reservation that while A or B becomes the owner in fee simple of the land, the air, minerals and underlying assets belong to the State. That is reflected in the article. What we are talking about in essence is raw water which is fluoridated and piped and, therefore, converted into potable domestic water. However, in reality the State already has some jurisdiction over water, even though it is not capable of ownership in common law. However, the Constitution includes air and all forms of potential energy and natural resources which would include water.