§ 4 Hydraulic Engineering Act (WBG) - Waters and Water Boundaries

1. As waters within the meaning of this law are considered all surface waters, whether permanently or periodically containing water, standing or flowing, located between the boundaries of the waters. Natural or artificial alterations, particularly covering or enclosing, do not affect the qualification as waters and their legal nature.

2. The boundary of the waters is considered to be

a. in the case of open flowing waters, the top edge of the bank or the back edge of the bank protection structure,

b. in the case of enclosed flowing waters, the outer boundary of the conduit construction,

c. in the case of standing waters, the shoreline.

3. If, in the case of section 2a, a top edge of the bank is located outside the designated water area, the boundary of the water area is considered the boundary of the waters. The government council may regulate further specific circumstances in the ordinance.

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