Benutzung eines Gewässers: Erlaubnis für die Entnahme und das Ableiten von Wasser aus oberirdischen Gewässern beantragen
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
Fachlich freigegeben am
Fachlich freigegeben durch
- § Section 8 (1) of the German Federal Water Act (Wasserhaushaltsgesetz - WHG)
- § Section 9(1)(1) of the Federal Water Act (Wasserhaushaltsgesetz - WHG)
- § Section 12 of the Water Resources Act (WHG)
- § Section 25 of the Water Resources Act (Wasserhaushaltsgesetz - WHG)
- § Section 26 of the Water Resources Act (Wasserhaushaltsgesetz - WHG)
- § Section 33 of the Water Resources Management Act (Wasserhaushaltsgesetz -WHG)
- § Section 7 Water Act of the State of Mecklenburg-Vorpommern (LWaG)
- § Section 21 Water Act of the State of Mecklenburg-Vorpommern (LWaG)
- § Section 48 Water Act of the State of Mecklenburg-Vorpommern (LWaG)
- § Section 113 Water Act of the State of Mecklenburg-Vorpommern (LWaG)
- Cash code: 200 Water Management Costs Ordinance (WaKostVO M-V)
If you wish to withdraw or discharge water from surface waters, you can apply for a water permit from the relevant water authority.
If you want to take water from a body of water above ground - i.e. from a river, lake, canal, stream, ditch or pond - you need a permit under water law. You can apply for this from the relevant authority. They will examine your application and decide whether you can be granted permission.
The permit specifies the purpose, type and extent of use. It may be subject to conditions and ancillary provisions. The permit can be revoked by the authorities. There is no legal entitlement to the granting of a permit or to the use of water.
If you want to withdraw water for public use or for the use of residents or owners, you do not need a permit under water law. Public use includes, for example
- the withdrawal of a small quantity of water for a temporary purpose; the quantity of water is small if it can be withdrawn with hand scoops (e.g. buckets) using muscle power; there is no public use if water pumps are used,
- the abstraction of water to feed livestock watering troughs in pastures.
As the owner of the above-ground body of water, you do not require a permit under water law if you or a person authorized by you withdraw water from it for your own use (owner use). However, others may not be affected by the water withdrawal. Owner use is limited if there is a significant reduction in water flow, a detrimental change in water quality or any other impairment of the water balance.
As the owner or authorized user of a property that is directly adjacent to a natural surface water body, you may withdraw water for your own use (riparian use) without a permit under the same conditions as the water body owner (see owner use). However, riparian use does not apply to federal waterways or other bodies of water used for shipping.
In certain dangerous situations and emergencies, no permit is required, for example in the event of a fire that you need to pump out water to extinguish. However, the responsible water authority must be notified immediately of the use of the water.
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:
- Project description with hydraulic calculation of the extraction quantities and description of the extraction systems (e.g. pump system and transport system)
- Site plan of the extraction point(s) and, if applicable, discharge point(s)
- Information on the purpose and duration of the water withdrawal
Optional:
- Hydrological report (effects of water abstraction)
- Proof of maintenance of the minimum water flow
- Documents for the preliminary EIA assessment
- Technical contribution according to WFD
- Statement from the person responsible for maintenance/water and soil association for the abstraction water body
- Consent of the water body owner; in the case of federal waterways, possibly also a river and shipping police permit
Your use will not endanger the watercourse, adjacent watercourses and the terrestrial ecosystems and wetlands that depend on them, or the public water supply.
The administrative fees are based on the Water Management Costs Ordinance of Mecklenburg-Vorpommern; tariff item 200 (70 to 30,000 euros) applies to the issuing of a permit. Additional fees may be incurred if conditions and orders are issued by the water authority.
You can apply for a permit from your local water authority. The general procedure is as follows:
- Send your application for a permit with the required documents to the competent water authority.
- The responsible water authority
- checks that your application and documents are complete and contacts you if any information or documents are missing,
- examines your application from a water management and water law perspective and, if necessary, involves other authorities,
- carries out a preliminary environmental impact assessment and publishes the results; in the case of a planned water withdrawal for an agricultural project of at least 5,000 cubic meters per year or if the water withdrawal is associated with the construction of a dam or other facility for the retention or other storage of water.
- You receive
- a permit or
- a notice of refusal.
- You will also receive a fee notice.
- You pay the fee.
The processing time depends in particular on the quality and scope of the application and the documents.
There is no statutory deadline. Apply for the permit in good time before starting your project.
- Withdrawal of water from surface waters; permit
- A permit under water law must be applied for from the competent authority for the abstraction of water from surface waters.
- Prerequisite: The project is not expected to cause any harmful, unavoidable or uncompensatable changes to water bodies
- Application is subject to a fee
- Responsible:
- Lower water authorities of the districts and independent cities for water abstraction from a 2nd order watercourse
- State Office for the Environment and Nature Conservation as the lower water authority for water abstraction from a 1st order watercourse
Is the water abstraction from a 1st order watercourse?
if "Yes", click on "Continue with the State Office for Agriculture and the Environment (StALU)"
If "No", click on "Continue with the lower water authority"
Applications can usually be submitted informally. For some, often recurring cases, some water authorities also have application forms available. Please enquire.