Water Use and Water Supply Act (WNVG) - Scope (WNVG)

1. This Act regulates

a. the use of water,

b. the development of water resources,

c. the assurance of water supply.

2. Water use refers to the extraction of water from bodies of water and groundwater resources and the exploitation of hydropower.

1. The following principles must be observed in the application of this law

a. Water must be used carefully and economically.

b. The natural water cycle and water resources must be preserved in the long term.

c. The supply of drinking water takes precedence. The extraction of water for other purposes is to be allowed as long as it is compatible with public interests.

d. In emergency situations, the provision of drinking water takes precedence over other purposes.

**1. Public Water Resources are**

a. * the public waters in the sense of the Water Construction Act of June 17, 2019,

b. the groundwater resources with an average yield of at least 200 liters per minute.

**2. The authority over public water resources is vested in the canton.**

**3. Private rights can be wholly or partly terminated or restricted if a predominant public interest is demonstrated due to the size, significance, or function of the water resource. The right of expropriation is to be applied accordingly.**

1. Private water resources are all those not covered under § 3 paragraph 1.

1. The Canton

a. coordinates the use of water and the overarching distribution,

b. may grant usage rights to water resources,

c. takes measures in emergency situations,

d. develops the foundations necessary for the implementation of this law.

2. The Municipalities

a. ensure the water supply for their area,

b. take measures in emergency situations.

3. The communities may form a joint authority to carry out their tasks under this law.

4. They may transfer their tasks and the resulting powers entirely or partially to third parties.

5. Unless the municipalities have regulated otherwise in their legislative enactments, the competent authority of the municipality is the municipal council.

1. Water from a public water source may be used for ordinary common use.

2. Common use includes, in particular, the drawing of water without special devices and the watering of animals.

3. Common use may be restricted if overriding public or private interests necessitate it.

1. Anyone who wishes to extract water from a public water source beyond common use (§ 6) must obtain a permit or a concession.

2. A permit is required for

a. Withdrawals from bodies of water up to 300 liters per minute,

b. Withdrawals from groundwater sources up to 50 liters per minute or 15,000 cubic meters per year.

3. A concession is required for

a. Further extensive water withdrawals,

b. The utilization of hydropower from public water sources.

4. The Government Council may establish exceptions to the concession requirement in the ordinance.

5. The following are reserved

a. The use of spring water according to the Swiss Civil Code of December 10, 1907,

b. The uses according to §§ 55 ff.

1. The competent authority decides on the application for approval in a simplified procedure.

2. The authority examines whether

a. the need for water extraction is demonstrated,

b. the legal provisions are complied with,

c. there are no overriding interests opposing the intended extraction.

1. The following Sections 10, 15, and 17-25 shall apply mutatis mutandis to the proceedings.

1. An application for a water use concession must be submitted with the necessary documents to the competent department.

2. The department shall examine whether the application documents are sufficient for assessment. The government council shall regulate the details.

3. The concession procedure must be coordinated with other procedures, particularly the approval procedure for structures and installations under the Planning and Building Act of March 7, 1989.

1. The department shall obtain statements from the affected municipality and the interested cantonal authorities regarding the concession application.

2. Additional municipalities or cantons should be consulted if their interests in water use are substantially affected.

3. The application, along with the documentation, must be made available for inspection for 30 days. The availability for inspection must be publicly announced. The announcement must indicate the opportunities for objections.

1. The competent cantonal authority may designate a planning zone to ensure the utilization of water resources that require a concession. The planning zone comes into effect upon its public notice.

2. Within the affected area, no activities may be undertaken that could impair the intended use.

3. The provisions of §§ 83 and 84 of the Planning and Building Act regarding the duration and procedure of the planning zone are applicable mutatis mutandis.

1. Objections must be submitted in writing, along with an application and its justification, to the agency specified in the public announcement during the publication period. Allegations against the granting of the expropriation right must also be presented.

2. The municipality forwards the objections, along with its statement, to the competent department.

1. The Executive Council decides on the concession application and the public-law objections.

2. A concession requires that

a. the legal provisions, particularly those concerning the protection of water resources, are complied with,

b. there are no overriding public and private interests opposing the intended use,

c. the need for water use is demonstrated in the case of water withdrawal.

3. Upon granting the concession, all other required permits from cantonal authorities in the same matter must also be decided upon, including the establishment of protection zones under the Federal Water Protection Act of January 24, 1991. Exceptionally, the procedure may be split so that a concession is granted before the other permits, with these explicitly reserved.

4. The Executive Council regulates the details in the ordinance.

1. The concession specifically determines the scope, type, and duration of the right of use and sets forth the other conditions and obligations.

2. The validity period is generally to be established as 20-50 years for water extraction, and 40-80 years for the exploitation of hydropower.

1. The government council may grant the right of expropriation for the necessary rights to real estate and conflicting other rights. The relevant expropriation legislation is applicable.

1. To prevent or eliminate damages or dangers, the competent authority may at any time take the necessary measures.

2. The concessionaire is particularly required to accept without compensation

a. the temporary hindrance or interruption of water use due to hydraulic engineering measures,

b. the restriction of water use in emergency situations (§§ 43-44),

c. the withdrawal of water for assistance purposes and exercises by the fire department and civil protection.

1. Concessionaires shall exercise their usage rights with mutual respect. They shall bear the costs for joint facilities according to their respective interests and equitably compensate for any potential advantages or disadvantages.

2. They may be required to jointly establish or operate a usage facility if

a. it is necessary for the protection of water resources or the economical use of water, and

b. the expense for the joint facility is economically feasible.

1. Buildings and structures shall be constructed according to the documents designated as binding.

2. If buildings and structures are located on public land, they remain the property of the concessionaire for the duration of the concession.

3. They must be maintained in proper and safe operational condition, considering the state of the art.

1. A concession may be transferred to a third party with the approval of the governmental council.

2. Approval is granted if the acquirer fulfills all the requirements of the concession and there are no public interests opposing the transfer.

1. The government council extends or renews a concession if public interests are preserved. The application must be submitted in a timely manner.

2. If the conditions of § 14 paragraph 2 are met, concessionaires who extract water for the purpose of drinking water supply in the sense of Part 3 of this law are entitled to an extension or renewal.

3. During a renewal, the concession must be adapted to the changed circumstances. The legitimate interests of the concessionaire must be considered. Transitional periods may be provided.

4. Otherwise, the procedural provisions for the initial granting of a concession apply mutatis mutandis.

1. The government council may wholly or partially revoke a concession if

a. the concessionaire has repeatedly or in a serious manner violated the legal provisions or the stipulations and conditions,

b. the concession suffers from a substantial defect, in particular causing significant, unforeseeable harm to legitimate water usage rights or public interests,

c. the concessionaire does not complete the construction of the utilization facilities or interrupts the operation for two years and does not resume it,

d. the concession is based on deception.

2. In the cases of paragraph 1a and c, an appropriate deadline must be set to remedy the omissions under the threat of revocation.

1. The concession shall automatically expire if the concessionaire expressly renounces it or if the validity period expires.

2. Special provisions for reversion and repurchase are reserved.

1. Unless otherwise specified, the government council shall determine the necessary measures following the revocation or expiration of the concession. It may require security and restoration work.

1. Utilization of Hydropower is additionally governed by the Federal Act on the Utilization of Hydropower (Water Rights Act) of December 22, 1916.

1. Holders of permits and concessions are required to pay an annual usage fee or water royalty for the use of public water resources.

1. The usage fee for water withdrawals is 1 to 8 francs per minute-liter of the capacity of the extraction device.

2. Water withdrawals up to 50 minute-liters or a maximum of 15,000 cubic meters per year are exempt from the usage fee.

1. For the utilization of hydropower, the water fee ranges from 50 to 100 percent of the currently applicable federal legal maximum rate. This is subject to the exemption under the Federal Act on the Utilization of Water Resources.

1. The governing council determines the amount of the usage fee and water charges in the ordinance.

2. The assessment is based on the scope of use, type of use, and purpose of use.

3. For water withdrawals for heat and cold generation, the fee according to § 27 paragraph 1 may be further reduced or increased depending on the purpose of use.

4. In individual cases, the usage fee or water charge may be reduced if

a. the holder of the permit or concession implements special measures or provides services that contribute to the conservation or improvement of the water cycle, aquatic habitats, or bodies of water,

b. water usage is restricted for an extended period due to water shortage or exceptional drought (§ 43).

5. Additionally, in individual cases, the usage fee may

a. be levied based on the approved or concessioned annual quantity,

b. be determined collectively for several years,

c. be reduced if, in cases of larger water withdrawals that the concessionaire depends on, all reasonable measures for efficient use have been taken.

6. For temporary or seasonally conditioned water withdrawals, instead of assessing according to the performance of the withdrawal device, the fee may be based on the recorded or estimated water consumption; in this case, the fee amounts to 1 to 10 cents per cubic meter.

1. The use of the water of private bodies of water requires the approval of the competent authority if the use exceeds the scope of common use (§ 6).

2. Approval shall be granted if the use of water complies with public law provisions and the interests in the incoming and outgoing public waters are safeguarded.

1. The obligation to supply includes the provision of water for drinking, utility, and firefighting purposes.

2. The water must be provided under sufficient pressure and in adequate quantities.

3. Drinking water must comply with the requirements of food legislation.

1. Provision must be fulfilled within the building zones as defined by the Federal Act on Spatial Planning dated June 22, 1979.

2. It can also be provided outside the building zones, to the extent that it is possible with reasonable effort.

1. The supply may be disregarded if the delivery of larger quantities of water incurs additional costs that the recipient does not cover.

2. The water supply may be temporarily restricted in exceptional cases, particularly in the event of water scarcity or for technical reasons.

1. Where no different regulation exists, property owners are obliged to obtain drinking water from the municipal water supply facilities or their supply carrier.

2. The provision of water from existing facilities and from private sources remains reserved.

1. The municipalities plan and operate the water supply.

2. They design, construct, and maintain the necessary supply facilities.

3. They may carry out these tasks themselves or delegate them to one or more specific utility providers.

1. The supply planning ensures the long-term water supply. It takes into account the drinking water supply in emergencies as well as quality assurance and self-monitoring according to food legislation.

2. The municipal development plan under the Planning and Building Act specifies the water supply facilities that already exist or are necessary for the development of building zones, and the development carrier for these supply facilities.

3. The municipalities coordinate their planning with each other and with overarching planning. They provide for regional water supply planning when regional coordination is necessary and appropriate.

1. Water supply facilities shall be designed, constructed, and maintained according to the recognized rules of technology. The building permit procedure pursuant to the Planning and Building Law remains reserved.

2. Rights of way must be legally secured. The government council may grant the right of expropriation.

3. Fire protection through hydrant systems or other extinguishing equipment is governed by the Law on Fire Protection dated November 5, 1957.

1. The water supply must be operated in a financially self-sustaining manner.

2. In operation, it must be ensured that

a. water is used sparingly,

b. consumers are regularly informed about the quality of the drinking water.

1. If the municipality operates the water supply, it must issue a regulation.

2. The regulation shall contain at least provisions on

a. the supply task (§§ 32-34),

b. the construction and maintenance of water supply facilities as well as the legal relationships thereto,

c. the structuring of the water supply relationship, including the procedure for the granting of connection permits,

d. the special financing through fees and contributions.

3. The municipality may include further provisions in the regulation within the framework of this law.

1. If the water supply is transferred to a provider organized under public or private law, this provider fulfills the tasks described in a regulation, a decision of the municipality, or a contract.

2. With the transfer, at least the following must be determined

a. the supply task (§§ 32-34),

b. the construction and maintenance of the water supply facilities as well as the legal relationships thereto,

c. the economic services,

d. principles regarding the structure of the water supply relationship,

e. the right to terminate the supply relationship.

3. With the transfer, sovereign powers are transferred to the provider.

4. The supervision remains with the municipality. If necessary, it has to order measures to ensure the water supply.

5. If there are multiple providers in a municipality, coordination is its responsibility. Where public interest requires, it ensures that joint facilities are established and operated. The Executive Council may grant the right of expropriation.

6. Special provisions on the cooperation of the municipalities according to the Municipal Law of May 4, 2004, and the Law on Corporations of December 9, 2013, remain reserved.

1. The competent cantonal authority coordinates the measures for long-term water supply.

1. The Executive Council may obligate municipalities to cooperate with each other in the public interest, particularly when

a. a joint water supply needs to be operated,

b. facilities are to be constructed or maintained in which primarily one municipality has an interest,

c. a surplus of water is to be distributed to other municipalities or their supply carriers.

2. If a municipality does not fulfill an obligation within the set deadline, the Executive Council shall take the necessary measures in its place and at its expense.

1. In the event of water scarcity and extraordinary drought, the responsible cantonal and municipal authorities shall take the necessary measures.

2. These authorities may, in particular,

a. restrict water extraction,

b. determine the use of water,

c. regulate the conveyance of spring water,

d. require the supply of water to third parties against appropriate compensation.

1. Municipalities are responsible for the supply of drinking water in emergency situations according to the legislation on national supply.

2. The competent cantonal authority is responsible for

a. the coordination of enforcement,

b. the approval of the emergency supply action plan.

1. Property owners are required to tolerate excavations, drillings, pumping tests, markings, and similar actions. Such actions must be communicated in writing at least 30 days prior to commencement.

2. Any damages incurred must be compensated.

3. In case of disputes, the competent department shall make a decision.

4. Additionally, the Expropriation Law of June 29, 1970, shall apply.

1. Holders of facilities and beneficiaries of usage and water rights are obliged to provide the competent authority with the necessary data on water levels, the amount of water withdrawn, and the water quality, as well as any other information it requires to fulfill its duties.

2. They may be required to tolerate the installation of necessary measuring devices.

3. Authorities are to be granted access to the buildings and facilities.

4. The Government Council shall regulate further details in the ordinance.

1. The competent department exercises supervision over the use of water.

1. Whoever violates an order issued based on this law or fails to fulfill a condition or requirement must rectify the unlawful condition at their own expense.

2. The competent cantonal or municipal authority shall ensure the restoration of the lawful condition in accordance with the provisions of the Administrative Procedure Act of July 3, 1972.

1. For the execution of this Act and the provisions issued based on it, the competent authority may impose measures, stipulations, and conditions. If these involve property restrictions in accordance with Article 962 paragraph 1 of the Swiss Civil Code, they must be annotated in the land register at the expense of the entitled party or parties.

2. The competent authority shall lift the public-law property restrictions and have them deleted from the land register when the conditions have ceased to exist.

1. For claims arising from the water usage and water supply relationships (§§ 26, 39, and 40) and for the costs of restoring the lawful condition (§ 48), a statutory lien exists on the relevant properties without registration in the land register for a duration of two years from the due date, which takes precedence over other liens.

1. A fine of up to 50,000 Francs shall be imposed on anyone who intentionally

a. Fails to comply with orders issued based on this law,

b. Illegally uses water from public water resources,

c. Illegally constructs or alters buildings and facilities for the use of public water resources,

d. Provides false information about water usage to gain advantages.

2. If the offender acts negligently, the penalty shall be a fine of up to 20,000 Francs.

3. In the case of offenses committed in the business operations of a legal entity or a partnership, the responsible organs or partners shall be punished.

4. The penal provisions of the federal government remain reserved.

1. The cantonal authorities levy fees for special services (opinions, information, etc.) and decisions in accordance with the cantonal fee legislation.

2. The levying of fees and legal protection are governed by the provisions of the Fee Act of September 14, 1993, unless the Administrative Procedure Act is applicable.

1. The Executive Council issues the enforcement provisions.

2. It regulates in particular

a. the jurisdiction of the cantonal authorities,

b. the required plans and other application documents for permits and concessions,

c. the demonstration of need for water usage,

d. the fees and the water rent for the utilization of hydropower,

e. the data collection for the creation of the required registers.

3. It issues regulations when the canton operates the water supply.

1. Appeals against decisions of the municipality and of legal entities entrusted with the water supply, concerning fees and contributions, are permissible by means of objections according to the Administrative Procedure Act, and against decisions on objections the administrative court complaint is admissible.

2. Moreover, an administrative court complaint can be lodged against all decisions issued in application of this law.

3. The provisions of the Administrative Procedure Act apply to the complaint procedures.

1. Are recognized without permit or concession according to previous law

a. Groundwater extractions and uses that were put into operation before June 10, 1950, or for which hereditary rights can be derived, to the extent and in the manner of use as they were exercised up to June 10, 1950;

b. The exploitation of water power by facilities for which hereditary rights can be derived, to the extent and in the manner of use as they were exercised up to April 25, 1875.

2. Exemptions are reserved for expropriation (§ 16) and the reduction of water usage to protect water resources.

1. Recognition of water use pursuant to § 55 ceases entirely or to a certain extent if

a. the entitled party has not exercised the usage rights in whole or in part for ten years,

b. the usage facility no longer exists in essential parts,

c. the facility is relocated,

d. the purpose of use changes,

e. the entitled party explicitly renounces it.

2. The competent authority shall adjust the register of recognized uses within five years. In the event of significant changes, it shall, if necessary, issue a decision that is subject to appeal.

1. Holders of recognized water uses according to § 55 are not subject to the usage fee and the water charge (§ 26). They are required to pay an annual administrative fee.

2. The administrative fee for recognized groundwater extractions and uses according to § 55 paragraph 1a amounts to 4 francs per liter per minute of the recognized capacity of the extraction device, but at least 100 francs.

3. The administrative fee for recognized hydropower uses according to § 55 paragraph 1b ranges from 100 to 8000 francs.

4. The government council regulates the details in the ordinance.

1. Authorizations or concessions for water usage that were granted indefinitely under previous law shall be valid until 2010.

2. The competent authority may temporarily tolerate the water usage upon application if economic reasons justify it or if a procedure under this law has already been initiated.

1. This Act also applies to existing water uses, insofar as its application does not conflict with differing concession provisions or the peculiarities of recognized water uses.

2. The competent authority shall invoice the usage fees and water tax (sections 26 et seq.) as well as the administrative fees (section 57) from the commencement of the Act. The liable party may request a contestable decision within 30 days from the delivery of the invoice. An objection to the decision can be filed within 30 days.

3. Additionally, the cantonal fee legislation applies.

1. The following laws are repealed

a. Act on the Use of Groundwater of September 14, 1965[16],

b. Water Supply Act of September 20, 1971[17].

1. The following laws are amended according to the annex

a. Act on Administrative Procedure of July 3, 1972,

b. Introductory Act to the Federal Act on the Protection of Waters of January 27, 1997,

c. Act on Water Construction and Hydropower (Water Construction Act) of January 30, 1979.

1. The Executive Council determines the commencement.

2. The law is subject to an optional referendum.