General Provisions (WVG)

1. This law regulates

a) the relationship between the canton and the water supply companies,

b) the rights and obligations of the water supply companies,

c) the relationship between the water supply companies and the water consumers, and

d) the relationship among the water supply companies.

1. This law is applicable to all water supplies within the meaning of this law.

2. Water supplies are the public and private water supplies that construct and operate the development facilities in accordance with the Building Act and distribute water against contributions and fees.

1. Responsibilities of the Canton

a) supporting and advising water supply systems,

b) coordinating planning among several water supply systems,

c) reviewing and approving the general water supply plans of the water supply systems,

d) developing regional water supply plans in collaboration with the municipalities,

e) enforcing federal regulations concerning the supply of drinking water in emergency situations,

f) providing hydrogeological resources for water procurement, and

g) designating protection areas for unused springs and groundwater resources necessary for future water procurement.

The Canton maintains a special financing water fund, which is managed by the competent authority of the Construction and Transport Directorate (BVD).

The water fund is financed through one-time and annual concession fees levied for the use of public water as drinking water. Its balance amounts to a maximum of ten million francs.

The fund's resources are to accrue interest, and the interest is to be credited to the water fund.

1. Contributions to Water Supply Systems from the Water Fund are provided under the conditions pursuant to Article 5a to

a) the creation, renewal, and expansion of all water supply facilities, excluding pipelines and hydrants in supply areas,

b) * half of the costs for the creation and expansion of transmission pipelines in supply areas, which simultaneously serve the supply,

c) studies, concepts, and hydrogeological investigations, provided that the canton does not conduct them itself,

d) the takeover of private facilities eligible for contributions pursuant to letters a and b,

e) the purchase into existing water supply facilities,

f) the pre-financing of capacity reserves for which no sponsorship is yet available,

g) the participation in water supplies to ensure subsequent memberships,

h) * the designation of groundwater and spring protection zones and the acquisition of real rights,

i) * organizational measures for the establishment or expansion of regional water supplies.

2. Subject to paragraph 3, no contributions are made to the renewal of transmission pipelines.

3. Water supplies with exceptionally high maintenance costs receive appropriate contributions for the renewal of transmission pipelines. The details are regulated by the Executive Council through an ordinance.

4. Applications for contributions must be submitted before the start of construction. Delayed applications for contributions will not be considered. The Executive Council may provide for a later submission date for applications for contributions, particularly for applications concerning urgent renovation works.

1. Contributions are granted if

a *** the contribution rate according to Article 5b paragraph 1a reaches the minimum level determined by regulation,

b *** the project is based on an approved General Water Supply Plan, complies with the state of the art, and is economically feasible,

c *** the planned construction, renewal, or expansion of own facilities is necessary instead of cooperation with other water supplies,

d *** the canton’s participation in the planning and construction is ensured, and

e the necessary funds are available.

2. Regardless of the minimum contribution rate according to paragraph 1 letter a, contributions are granted for

a *** the General Water Supply Planning,

b *** facilities serving new or the expansion of existing regional water supplies,

c *** particularly costly or important hydrogeological investigations for the assessment of groundwater resources,

d *** measures according to Article 5 paragraph 1 letter i.

3. Additionally, the value-added tax levied on the charges and owed by the obligated parties is financed from the Water Fund.

4. The costs caused by administration shall be borne by the Water Fund.

5. Articles 21 to 27 of the State Contributions Act of September 16, 1992 (StBG) concerning the safeguarding of the contribution’s purpose are applicable mutatis mutandis.

1. Contribution Rate to Eligible Costs

1a

The contribution rate to the eligible costs is based on the annual maintenance costs in relation to the number of permanent and non-permanent residents supplied. The greater these maintenance costs, the higher the contribution rate.

2. The maintenance costs are derived from the procurement value of systems that need to be reacquired and newly constructed according to the General Water Supply Planning, multiplied by the averaged renewal rate.

2a

In the calculation of the maintenance costs according to paragraph 2,

a the procurement value of pipes and hydrants in the supply areas is not considered,

b the procurement value of transport lines in supply areas, which also serve the supply, is only considered by half.

3. If a water supply extends over multiple municipalities or within a municipality over several localities, the contribution rate is derived from the weighted average of the individual contribution rates and maintenance costs.

4. A surcharge of up to 15 percent on the regular contribution rate can be granted

a in systems that are particularly costly relative to their capacity,

b in unfavorable hydrogeological conditions or other locational disadvantages,

c in systems that serve new or the expansion of existing regional water supplies.

5. Tasks according to Article 3 paragraph 1 letters d to g can be fully financed from the water fund.

6. Further details are regulated by the government council through an ordinance.

1. Contributions from the Water Fund may amount to no more than 50 percent of the eligible costs. Furthermore, the total contributions from the federal government, the canton, and the building insurance must not exceed 80 percent of the eligible costs.

2. If contributions are granted under cantonal agricultural legislation, the canton's contribution to the individual plant components must not exceed 50 percent. If federal contributions are granted under agricultural legislation, the cantonal contributions must not exceed 40 percent.

3. Applications for contributions pursuant to paragraph 2 are to be processed by the competent authority of the Directorate of Economic Affairs, Energy, and Environment, with the involvement of the responsible office of the Building and Infrastructure Directorate (BVD).

1. Applications for contributions from the Water Fund are assessed according to the law applicable at the time the assurance is given.

1. The provision of water supply and hydrant fire protection in accordance with fire protection and fire service legislation is a municipal responsibility.

2. Municipalities may delegate this responsibility to other public or private legal entities. These entities, in terms of their rights and obligations, are equated with the municipalities.

3. Joint water supply associations may be formed by

a. municipalities as municipal associations or suitable private legal organizations,

b. other water supply entities within suitable private legal organizations.

4. In private legal organizations where membership is not tied to water supply consumption, private individuals must not collectively hold the majority of votes.

5. Water supply entities may enter into water supply or participation contracts with each other.

6. The organizational foundations of municipal associations and private legal organizations, as well as the contracts for the establishment and operation of facilities of regional significance, require approval by the competent authority of the BVD to be valid.

1. Within the supply area of the water supply services according to Article 6, no other water supplies may be newly established or expanded. Exceptions are reserved by Article 14 paragraph 2 and Article 15 paragraph 2.

2. If the connection to the water supply is reasonable, no new connections to other water supplies may be made.

3. The water supplies according to Article 6 are obliged to connect existing properties if the owners have a claim to it and assert this claim.

The quality of drinking water must comply with the requirements of food legislation. The operating pressure of new installations must meet the requirements for domestic use and hydrant fire protection. High-rise buildings and individual properties located at high altitudes are exempt from this.

1. The Duty of Water Supply Development with Facilities for Drinking, Utility, and Fire-Fighting Water Supply Exists for

a the building zones,

b the densely populated areas outside of the building zones.

2. The arrangement and sizing of the facilities take into account the usage plans and allow for a reasonable cost connection to the water supply.

The water supply, including the provision of water for hydrant fire protection, must be financially self-sustaining.

1. The water supply is financed through the following contributions

a) one-time fees as well as recurring basic and consumption fees,

b) fire-fighting, property owner, and contractual development contributions,

c) contributions from the federal government, the canton, and third parties.

1. Water supply services maintain a special financing arrangement. The annual contribution should be proportionate to the replacement value and the lifespan of the facilities.

2. Contributions to the special financing must ensure the permanent maintenance of the facility's value. They are to be used primarily for depreciation.

1. The water supply authorities shall issue regulations concerning the organization and financing.

1. **Within the Scope of their Duty to Supply**

Water supply services must continuously provide drinking and utility water in sufficient quantity within their service area. Exceptions include interruptions due to force majeure and maintenance work.

The water supply services are not obliged to provide individual water users with larger quantities of utility water if this involves additional expenses that must be borne by all other water users.

1. If a water supply exists in accordance with Article 6, all property owners within the supply area must obtain their drinking water from this facility. The obligation to obtain water also applies to utility water, provided it must meet drinking water quality.

2. There is no obligation to obtain water for buildings that, at the time of the development, are already supplied with drinking water from other facilities that meet the requirements of food legislation.

1. Where it is technically feasible and economically advisable, joint facilities are to be created and operated.

2. For the creation and operation of joint facilities, a legal entity under public or private law is to be established. Contractual relationships are to be limited to pure water charges.

3. Water supply associations and companies are obliged to accept new members. They shall issue the necessary regulatory provisions for this purpose. New members are required to financially participate in the existing facilities.

1. Water supplies with a continuous water surplus are obligated,

a) to supply neighboring water supplies with water and to expand their facilities at the expense of the interested water supplies if necessary,

b) to provide water to these water supplies at cost-covering tariffs and service charges.

2. In the case of water extraction facilities requiring a concession, the concession authority, in consultation with the water suppliers, shall establish the obligation to supply water to neighboring water supplies and the associated conditions.

1. For their areas obligated to development and supply, within the context of regional water supply planning, water supply entities are responsible for

a) The creation and periodic revision of the General Water Supply Plan (GWSP),

b) Ensuring the provision of drinking water during emergencies.

2. The GWSP must be considered when drafting the development program according to the Building Law.

3. In municipalities with multiple water supply entities, the municipal council is responsible for coordination.

4. Regional water supply organizations coordinate their planning with that of the municipalities and vice versa.

1. In project planning, the following must be taken into consideration

a) the rules of technology and the standards of professional associations,

b) the specifications of the GWP,

c) the security of supply,

d) the economic efficiency,

e) environmental concerns, and

f) the needs of drinking water supply in emergencies.

1. Water supplies in accordance with Article 6 shall designate protection zones for their utilized spring and groundwater catchments. Usage restrictions may be extended to recharge areas.

2. Other water supplies that distribute drinking water in areas without water supply as per Article 6 may also have protection zones established upon request to protect their spring and groundwater catchments.

3. The competent authority of the BVD shall designate protection areas for the precautionary protection of unused springs and groundwater reserves.

4. The approved protection zones and protection areas shall be recorded in the zoning plans of the municipalities as well as in the cantonal water protection map as an indication.

5. Procedures and responsibilities are governed by Article 22.

1. Water supply entities can legally secure easements for public pipelines through a zoning ordinance.

2. Equivalent to public pipelines are

a) special structures connected to them, and

b) ancillary facilities necessary for the construction and maintenance of the pipelines.

3. With the approval decision, the pipelines are protected in their existence. No buildings or facilities may be constructed or measures taken on the affected properties that would make the construction and maintenance of the pipelines impossible, significantly more difficult, or endanger their existence.

4. The approved route of legally secured pipelines can be recorded in the land register.

1. The procedure for establishing a protection zone, a protection area, or for securing public utilities shall, subject to paragraphs 2 to 4, follow the provisions concerning the municipal development plan.

2. The development plan is adopted by the competent bodies of the water supply authorities.

3. For the establishment of a protection zone, a protection area, as well as for securing public utilities that extend across the territory of multiple municipalities, the procedure is carried out by, or decided upon, by the competent authority of the BVD instead of the municipality.

4. Development plans pursuant to paragraph 1 require the approval of the competent authority of the BVD.

5. An appeal against the decision can be filed with the BVD.

1. The construction of all infrastructure for the basic and detailed development is the responsibility of the water supply authorities.

2. If property owners construct such infrastructure themselves based on the Building Act, the water supply authorities supervise the planning and construction of the infrastructure. Upon completion, the infrastructure is taken over by the water supply authorities as their property.

1. Water suppliers maintain the facilities in an operationally safe condition.

2. Water suppliers continuously monitor water availability and water distribution.

3. Water suppliers ensure economical water consumption by

a. conducting systematic leak detection and repairing leak sites,

b. implementing tariff and operational measures to reduce peak consumption,

c. ordering water-saving measures when necessary, and

d. informing water consumers in an appropriate manner.

1. The Drinking Water Supply in Emergencies (DWS) aims to

a) operate water supply facilities for as long as possible,

b) promptly address disruptions, and

c) meet the essential drinking water needs for survival.

The competent authority of the BVD enforces the federal regulations concerning the TWN. In emergencies, it supervises the TWN within the framework of the cantonal staff organization for disaster assistance and civil defense. It ensures the creation and operation of regional depots as well as the procurement of heavy equipment according to federal regulations. It prepares the cantonal water supply atlas and periodically updates it.

1. Water supplies plan the measures within the framework of the GWP in accordance with the federal regulations on the TWN.

2. The competent authority of the BVD reviews and approves the plans.

Water supplies shall take the necessary structural and organizational measures within their area of responsibility in accordance with federal regulations.

The municipalities support the measures of the water supply services to ensure the public water supply (TWN).

They implement the supplementary organizational and structural measures, procure the materials, and provide the resources of the fire brigade and civil protection.

1. The BVD exercises supervision over the enforcement of this Act through the competent authority, insofar as the enforcement is not assigned to other offices.

1. The directorates and offices of the canton responsible for the task of water supply collaborate and coordinate their activities with each other.

1. Orders issued pursuant to this law may be contested in accordance with the provisions of the Coordination Act and the Administrative Justice Act.

2. Claims for compensation arising from formal or material expropriation based on this law are governed by the cantonal legislation on expropriation.

1. The Ordinance on Water Supply (WVV) of December 16, 1987, is repealed.

1. The government council determines the date of entry into force.