Property Rights Concerns and Impact on Water
Concerns about private property rights and the potential effect on private water truck operators were raised in the House of Assembly during debate on the Virgin Islands Energy and Water Corporation Bill, which would merge the Water and Sewage Department with the BVI Electricity Corporation. Opposition Leader Myron Walwyn warned the bill gives broad powers to enter private land, remove trees and asserts an exclusive right to supply water and electricity — a provision BVI News reports could criminalise unpermitted water deliveries by truckers who many residents rely on.
Debate continued in the House of Assembly on the Virgin Islands Energy and Water Corporation Bill as Opposition Leader Myron Walwyn raised fresh and pointed concerns about private property rights and the livelihoods of small operators. The bill would merge the Water & Sewage Department with the BVI Electricity Corporation to create a single statutory utility responsible for electricity, water and sewage services.
Walwyn questioned several clauses he said give the new body broad powers to enter and use private land, cut or remove trees and assert exclusive control over the water supply. He read wording from the bill that allows the corporation to lay water lines "through, across, over, or under any street" and, after notice, "through, over, or under any land of any freehold," warning this could permit works across private property with only short notice.
The Opposition leader also highlighted provisions that permit the corporation to enter private land to cut or remove trees that may interfere with water lines, reading the bill language that it may "cut and remove from any private or public lands, any tree." He stressed property owners should not face entry onto their land without prior agreement and said people’s property rights must be respected.
Walwyn raised concerns about the bill’s compensation procedures, noting compensation for damage is to be determined after works are carried out and, if contested, resolved through arbitration. "You’re trying to bully yourself into people land, and then only if there’s an issue… then you remove or alter the work," he said, arguing the approach disadvantages landowners.
In a new line of objection, Walwyn flagged Section 11 of the bill, which grants the corporation the "exclusive right" to supply electricity and water across the territory. BVI News reports he pointed to subsection three that states "any person who supplies, distributes, or sells electricity or water without the prior written permission of the corporation... commits an offence" and may face penalties set out in Schedule 3.
He warned this could directly affect private water truck operators who currently deliver water to households and businesses, particularly in areas with unreliable piped supply. Walwyn noted many individuals have invested significant sums in purchasing water trucks and rely on deliveries as a source of income, arguing that requiring formal permission could create uncertainty or effectively bar them from providing a much-needed service.
Under the bill the corporation may grant written permission to any person to supply or distribute water, but Walwyn said that discretion rests with the new entity and could leave operators at risk if permission is withheld. Communications and Works Minister Kye Rymer introduced the bill and the government has argued the merger follows best practice for small island states and will improve planning, procurement and operational efficiency.
Supporters say combining services under the proposed Virgin Islands Energy and Water Corporation could streamline operations and strengthen long-term sustainability in the utilities sector. The bill remains under debate as lawmakers weigh potential efficiency gains against protections for private property, the rights of small service providers and the practical realities of water supply for residents.
BVI News coverage of the debate underscores both legal and livelihoods questions that will need to be addressed before the measure moves forward.
Primary source: BVI News