Bewilligung für die Entnahme und das Ableiten von Wasser aus oberirdischen Gewässern beantragen

If you wish to extract and discharge water from an above-ground body of water, you can apply for a water permit from the competent authority.

If you want to extract or discharge water from rivers, lakes or other surface waters, you need a permit or authorization under water law from the competent authority. A permit is normally applied for. 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 authorities at any time, but only to a limited extent. In addition, a permit protects you from legal claims by third parties.

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

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

In your application for a permit, please provide the following information, among others:

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

The other documents you need for your application will 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
• If applicable: Technical contribution to the Water Framework Directive

• Certificate of competence

• 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.

Fees apply.

You can apply for a permit from your local water authority. The general procedure is as follows:

• Send your application for authorization with the required documents to the responsible water authority.
• The responsible water authority
  • checks whether 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 involves other authorities if necessary.
• If necessary, affected parties will be involved as part of a public participation process.
• You will receive
  • a notice of approval or
  • a rejection notice.
• You will also receive a fee notice.
• You pay the fee.

The processing time depends in particular on the quality and scope of your application and the documents.

There is no statutory deadline. Apply for approval in good time before starting your project.

Action before the administrative court

• Withdrawal and discharge of water from surface waters Authorization
• A permit under water law for the abstraction and discharge of water from surface waters must be applied for from the competent authority
• Above-ground waters are rivers, lakes, canals, streams, ditches and ponds
• A permit:
  • provides the user of the water body with more legal certainty than a permit and
  • is only granted in justified exceptional cases
• Prerequisites:
  • Implementation of the project is not reasonable without 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: competent authority of the respective federal state

Please contact the responsible Structural and Approval Directorate North or South.