Art. 26 Hydraulic Engineering and Water Use Act (Wasserbaugesetz; WBauG) - Further Uses of the Water Bodies

1. Usages exceeding the ordinary use require a concession from the Government Council or an authorization from the competent authority. Usage rights to public waters can only be acquired through a concession from the Government Council.

2. An authorization from the competent authority is required for

a) the mere temporary use of water, such as for the execution of construction works, to remedy temporary water shortages, and for temporary irrigation;

b) commercial uses within the scope of Art. 23.

3. A concession from the Government Council is required for

a) the right to exploit water power;

b) the right to draw water from public waters for use as drinking or utility water; and

c) the right to draw water from public waters for use with heat pumps.

4. The Government Council shall regulate the details of the concession and authorization procedures as well as the content and duration of concessions and authorizations by ordinance. The Department of Construction and Economic Affairs is responsible for concession transfers and concession modifications.

5. Assuming sufficient public interest, the Government Council grants concessionaires the right to expropriation[18]. The ordinance of the Government Council regulates the details.

← Art. 25 Water Construction Act; WCAct - Utilization of Water for Personal Needs Hydraulic Engineering and Water Use Act (Wasserbaugesetz; WBauG) - Subject and Purpose Art. 27 Hydraulic Engineering Act; WBauG - Pre-existing Usage Rights →