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814.01 OPEEUGsV CH-AR

Art. 35 Ordinance on the Act on the Introduction of the Federal Acts on Environmental Protection and on the Protection of Waters

6. Section: Water Protection - II. Planning Protection: Captures in the Public Interest
Open official source Full Act (42 Articles) Machine-readable Markdown (.md)

Art. 35 Environmental and Water Protection Ordinance; EWO

1. Groundwater and spring captures are in the public interest, especially when

a) they are used to fulfill tasks of public water supply,

b) their water serves purposes for which a legal provision requires the use of impeccable drinking water, or

c) they serve to relieve the public water supply by substituting water quantities.

2. In any case, the following are of public interest

a) spring captures with a discharge of at least 10 liters per minute in good quality;

b) spring captures with a discharge of at least 100 liters per minute in any quality.

← Art. 34 Environmental and Water Protection Ordinance; EWPO Ordinance on the Act on the Introduction of the Federal Acts on Environmental Protection and on the Protection of Waters - Contributions to the Funds Art. 36 Environmental and Water Protection Ordinance; EWPO →

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Court Decisions Applying This Provision (4)

VPB N--32-18-ao-t-1998 (Art. 35 al. 1 LPE)
Ordinance on Soil Protection
Cited as a basis for the ordinance on soil pollution.
VPB 84-590 (Art. 35 USG)
Federal Council's Acceptance of Postulate for Urgent Soil Protection Measures
Cited in relation to the responsibilities of cantons in soil protection, specifically for conducting their own investigations in areas where soil fertility is threatened or impaired.
VPB 84-589 (Art. 35 USG)
Soil Degradation Action Motion
The court cited this article regarding the responsibilities of the cantons in conducting their own investigations when soil fertility is endangered or impaired.
90.2019.41 · ti (art. 35 cpv. 2 LPAmb)
Supreme Court Annuls SAC Designation for Contaminated Vineyard Land
Cited in the reasoning to establish the threshold for soil deterioration beyond which fertility is no longer guaranteed long term, justifying the decision to exclude the plots from SAC.