Art. 42 Water Rights Act of the Canton of Grisons (BWRG) - Reversion
Art. 42 BWRG - Reversion · Reversion
1. If the concession ends due to the expiration of its duration, forfeiture, or renunciation, the facilities constructed on public or private land for damming, capturing, supplying, discharging, or circulating the water, including the turbines and pumps along with the buildings in which they are housed, and the appurtenances as well as the properties and rights on third-party land serving the operation of the works shall revert gratuitously and free of encumbrances, each half to the canton and the granting municipalities.
2. Upon reversion, the granting municipalities and the canton are entitled to take over the facilities intended for generating and transmitting electrical energy, including the service houses and administrative buildings, against appropriate compensation. The concessionaire may demand the takeover of these facilities if they are advantageously usable for the further use of hydropower.
3. Works primarily operated for local supply are exclusively subject to the reversion provisions determined by the municipalities.
4. Municipalities and the canton have the authority to waive the exercise of the right of reversion.
5. If the concessionaire's facilities are not reused in whole or in part after the waiver of the right of reversion, the concessionaire is obliged to conduct the necessary safety and restoration work at their own expense.