Entnahme und Ableiten von Wasser aus oberirdischen Gewässern Erlaubnis

Section 8 paragraph 1 of the Water Resources Act (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__8.html
Section 9 paragraph 1 number 1 of the Water Resources Act (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__9.html
§ 13 Law on the Regulation of Water Resources (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__13.html
Section 18 paragraph 1 of the Water Resources Act (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__18.html

If you want to extract or divert water from surface waters, you must apply for a water law permit from the responsible water authority.

As a company or as a private individual, you can apply for a water law permit to extract or drain water from surface public waters, i.e. from rivers, lakes, canals, streams, ditches and ponds. The responsible authority will examine your application and decide whether you can be granted the permit.

If you want to take water for public use, you do not need a water law permit. This could be the case, for example, in the event of a fire that requires you to pump out water to put it out.

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

• Purpose of extraction or derivation
• Duration, type and amount of withdrawal

The permit specifies the type and extent of your use. It may contain additional conditions that you must comply with. A permit can be revoked by the responsible authority.

Which documents you need for your application varies depending on the type and scope of your project. In a preliminary discussion with the responsible authority, you can clarify which documents are required in your case. These are usually the following documents:

• Explanatory report
• Site plan (scale 1:5,000)
• Extract from the property map (scale 1:1,000)
• Extract from the property register
• Structural plans of the extraction points
• Pipeline plan (including extraction points and water flow)

Optionally, the following additional documents may be required:

• Power of attorney for applicant (if not permit holder)
• Consent of other affected property owners
• Longitudinal sections/ cross sections
• Pump technical data sheet
• Process flow diagram (RI flow diagram according to DIN EN ISO 10628)

In individual cases, you may be required to provide additional documentation upon request.

• The water body and the public water supply are not endangered or damaged by your use.
• Your project does not fall under public use, for which no water law permit is required. This is the case, for example, if you want to take water to avert a threat to public safety (extinguishing a fire)

A fee is charged for the abstraction of water in accordance with the Surface Water Fees Ordinance (OGewGebO).

If an application is submitted and no withdrawal takes place, an administration fee will be charged in accordance with the Environmental Fees Ordinance (UmwGebO), which depends on the effort required for processing.

• You submit your application together with the necessary documents to the responsible authority.
• The responsible authority will examine your application and, if necessary, request any missing documents or information from you.
• The responsible body will examine your application from a water management and water law perspective and, if necessary, involve other bodies.
• You will receive a permission or rejection notice.
• You will also receive a fee notice.

Up to three months

There is no legal deadline. Apply for permission well in advance of starting your project.

There are no special features.

An objection can be lodged against the decision within one month.

• Anyone wishing to divert or extract water from above-ground public waters must apply for a permit
• The extraction or diversion of water for public use (for example, extinguishing a fire) does not require a permit
• The purpose, duration, type and quantity of the extraction or discharge must be stated in the application
• Permission determines the type and extent of use
• Permission may contain additional conditions
• Permission can be revoked

Authority for the Environment, Climate, Energy and Agriculture