Art. 3 Hydraulic Engineering and Water Use Act (Wasserbaugesetz; WBauG) - Public and Private Waters

1. Bodies of water are deemed public if they contain water permanently or periodically. This also applies to standing bodies of water that are traversed by a flowing body of water. Groundwater formations that constitute extensive interconnected flowing (groundwater streams) or standing (groundwater basins) bodies of water are also public. Bodies of water where private ownership has been demonstrated are exempt from this principle. These are considered private waters.

2. Private waters include, in particular, springs, except for sources of brooks and rivers. Ponds, canals, reservoirs, and other artificially created water conduits and water intake structures are generally privately owned. The use of water derived from public bodies of water is governed by public law.

3. In disputes regarding the legal nature of bodies of water, the Department of Construction and Economics makes the decision.

4. The canton maintains a public information system on above-ground public bodies of water (water register).

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