Bewilligung für die Entnahme und das Einleiten von Triebwasser bei oberirdischen Gewässern beantragen

If you want to extract water for a diversion power plant from an above-ground body of water and discharge it again, you can apply for a water permit from the competent authority.

If you want to drive the turbines of a hydroelectric power plant using motive water, you can take this motive water from a nearby surface water body and discharge it again. To do this, you need a permit or authorization under water law from the competent authority. You will normally receive a permit. In justified exceptional cases, you can also apply for a permit instead.

A permit grants you the right to use the water. Unlike a permit, an authorization cannot be revoked by the authority at any time, but only to a limited extent. In addition, a permit protects you from third-party claims under civil law.

A permit can only be granted if you cannot reasonably be expected to carry out your project economically without this stronger legal protection.

In your application for a permit, you must provide the following information, among other things:

• Reasons why a secure legal status is necessary for your project
• Explanation of the purpose and plan of your project

You also submit various documents with your application, for example a needs analysis, parcel maps and site plans. You can clarify in advance with the authority which documents are required in your case.

The permit specifies the type and extent of use and is limited in time. It may be linked to conditions and ancillary provisions.

The documents you need for your application vary depending on the type and scope of your project. In a preliminary discussion with the responsible water authority, you can clarify which documents are required in your case.

As a rule, several or all of the following documents are required:

• Explanatory report
• Overview site plan as a topographical map showing the existing or planned extraction facility
• Current cadastral site plan showing the existing or planned extraction point
• Information on the type and construction data of the extraction facility
• schematic representation of the extraction facility in plan view
• Accompanying nature conservation planning, including entry in the compensation area register for new plants
• Technical contribution to the Water Framework Directive, if applicable

• Your project is not reasonable without the secure legal status of a permit.
• The watercourse and the public water supply will not be endangered by your use.

There is no statutory deadline. You must apply for approval in good time before starting your project.

There are no indications or special features.

Action before the administrative court

• Withdrawal and discharge of motive water from surface waters Permit
• An application must be made to the competent authority for a permit under water law for the extraction and discharge of headrace water for diversion power plants from surface waters
• Diversion power plants are hydropower plants in which the turbines are located in a separate channel next to the watercourse
• Headwater is the water that drives the turbines of hydropower plants
• Surface waters are rivers, lakes, canals, streams, ditches and ponds
• A permit is only possible for discharging into bodies of water in the case of headwater
• Authorization provides more legal certainty than a permit and is only granted in justified exceptional cases
• Prerequisites: Implementation of the project is not reasonable without a secure legal status
• no harmful, unavoidable or uncompensatable changes to the watercourse are to be expected as a result of the project
• any necessary documents:
  • Explanatory report
  • Overview site plan as a topographical map with color coding of the existing or planned extraction facility
  • Current cadastral site plan with color coding of the existing or planned extraction point
  • Information on the type and construction data of the extraction facility
  • schematic representation of the extraction facility in plan view
  • Accompanying nature conservation planning, including entry in the compensation area register for new plants
  • Technical contribution to the Water Framework Directive
• Application is subject to a fee
• Responsible: Water authority of the respective federal state

Lower water authorities