Hydraulic Engineering and Water Use Act (Wasserbaugesetz; WBauG) - Subject and Purpose (WBauG)

**1. This Act regulates hydraulic engineering measures, water construction policing, and the utilization of water bodies as well as the implementation of relevant federal legislation.**

2. It aims to protect people and significant property from the damaging effects of water on the earth's surface, particularly against flooding, erosion, and sediment deposition.

3. It seeks to preserve and restore near-natural water bodies.

1. The law applies to all public bodies of water, whether stagnant, freely flowing, or culverted. Specific legal provisions apply to groundwater, as well as to aspects of water protection such as water quality.

1. Bodies of water are deemed public if they contain water permanently or periodically. This also applies to standing bodies of water that are traversed by a flowing body of water. Groundwater formations that constitute extensive interconnected flowing (groundwater streams) or standing (groundwater basins) bodies of water are also public. Bodies of water where private ownership has been demonstrated are exempt from this principle. These are considered private waters.

2. Private waters include, in particular, springs, except for sources of brooks and rivers. Ponds, canals, reservoirs, and other artificially created water conduits and water intake structures are generally privately owned. The use of water derived from public bodies of water is governed by public law.

3. In disputes regarding the legal nature of bodies of water, the Department of Construction and Economics makes the decision.

4. The canton maintains a public information system on above-ground public bodies of water (water register).

1. The public waters, including their protective structures, are subject to the sovereignty and right of disposal of the canton.

2. Private springs are part of the properties in which they are located. The decisive factor for private springs is the location of the actual spring catchment.

**1. The Executive Council exercises the supreme supervision, and the Department of Construction and Economic Affairs exercises the supervision over the enforcement of this Act.**

2. The Civil Engineering Office acts as the specialized authority in accordance with this Act and its implementing regulations. It enforces the Act, the regulations based on it, as well as generally all superior hydraulic engineering decrees, insofar as no other jurisdictions are established. Within the scope of its jurisdiction, the specialized authority has the power of disposition.

3. Execution tasks can be fulfilled jointly with other cantons or transferred to them. For this purpose, the Executive Council may conclude agreements.

4. The Executive Council is responsible for concluding program agreements with the federal government. It may delegate the responsibility for the updating of program agreements to the Department of Construction and Economic Affairs.

1. The risk of flooding is primarily to be limited through the maintenance of water bodies and spatial planning measures. If these are insufficient, necessary organizational, bioengineering, and technical measures must be implemented.

2. Measures are to be planned based on risk and integrated, and are to be assessed comprehensively and in conjunction with those from other areas. The protection objectives shall be aligned with the relevant federal recommendations.

3. The natural course of the water bodies is to be preserved or restored as much as possible in all measures. The water bodies and their surrounding areas are to be designed and maintained as naturally as possible.

1. The canton ensures the ecological and landscape enhancement of the waters and water areas through revitalization.

2. Measures for revitalization include, in particular, the restoration of natural courses and the nature-oriented design of waters and water areas.

3. The benefits and costs of revitalizations must be in a balanced proportion.

1. The canton develops the necessary foundations for flood protection and revitalization and updates them periodically.

2. The government council issues a revitalization plan in accordance with federal law.

3. The canton and municipalities take into account the foundations of flood protection and the revitalization plan in their structural and land-use planning and other spatially effective activities.

1. The Government Council enacts a multi-year water management program with flood protection and revitalization measures. The municipalities must be consulted beforehand.

2. Measures not included in the water management program may be decided upon if they are urgent.

1. The canton monitors the bodies of water and periodically inspects the protective structures relevant to risk.

2. The municipalities implement precautionary organizational measures for flood management, such as warning systems and operational planning, as well as technical arrangements for emergency interventions. Federal contributions for such measures are available to the municipality.

3. In the event of an impending or occurring flood incident, the municipalities take the necessary immediate measures to prevent hazards and limit damage. They collaborate with the competent cantonal authorities.

1. Watercourse Maintenance ensures the discharge capacity, secures the function of protective structures, and contributes to the preservation and restoration of the natural functions of the watercourses.

2. Watercourse maintenance includes all regularly or post-damage event required measures such as trimming encroaching vegetation, removing deadwood and obstructive deposits, emptying retention structures, repairing minor damages to protective structures, and replacing missing or damaged bank vegetation.

3. The owners of properties adjacent to the watercourses are obligated to maintain the watercourses. Special regulations within maintenance perimeters remain reserved.

4. Measures for watercourse maintenance are carried out by the canton if indicated for technical or economic reasons. Obligated maintainers must contribute to the costs appropriately. The shares of costs borne by public bodies are considered committed expenditures and are guided accordingly by Art. 16, Para. 1.

1. Hydraulic engineering projects include all measures that extend beyond maintenance, particularly capacity expansions (channel enlargements), retention structures, relief channels, age-related renewal of protective structures or their replacement, securing of the riverbed and banks, provisions against subsoil movements, as well as revitalization measures.

2. The implementation of hydraulic engineering projects is the responsibility of the Canton. The Canton may delegate the planning and execution to municipalities or third parties.

3. Municipalities, affected property owners, and stakeholders must be informed in a timely manner about upcoming hydraulic engineering projects. They should be given the opportunity to participate.

4. ...

1. Water construction projects are decided by the Executive Council. It can delegate the authority for subordinate projects to the Department of Construction and Economic Affairs.

2. For projects with new expenditures exceeding 1,000,000 Swiss francs, a commitment credit from the responsible body is required.

3. With the project decision, the project is released for the execution of the public disclosure procedure.

4. In exceptional cases, the Executive Council has the final authority for the precautionary acquisition of land in favor of water construction projects.

1. The project shall be publicly displayed in the municipality for 30 days. Where technically feasible, the project shall be reviewed during the display period.

2. The display shall be announced in the cantonal official gazette. Affected property owners shall be informed in writing about the display.

3. Those who must cede private rights shall simultaneously be informed about the expropriation request. The written notice serves as the initiation of the expropriation procedure.

4. ...

1. An objection to the project and expropriation request can be filed in writing within the publication period. The objection must contain a specific request and the grounds for it. The standing is determined by Art. 111 of the Building Act.

2. Objections are resolved through mutual understanding as far as possible. Objections that cannot be amicably resolved will be decided by the authority responsible for the project decision. In the case of significant changes, the public notice must be repeated.

3. Further legal recourse is governed by the Administrative Procedure Act.

1. Upon the final resolution of the public plan inspection procedure, the right of expropriation for the required land and the other rights are conferred to the canton.

2. The right of expropriation may be transferred to municipalities or third parties.

3. Unless otherwise provided by this law, the expropriation procedure is governed by the Expropriation Act.

1. In the case of minor water construction projects with few parties entitled to object, the public display and approval can be waived. This is subject to the provisions concerning expropriation and perimeter procedures.

2. Parties entitled to object must be informed about the project as well as the waiver of public display and approval, with a 30-day objection period being provided.

1. The costs of water construction projects, insofar as they are not covered by contributions from public authorities, are to be borne by the owners of perimeter-bound properties and facilities. This is subject to the collection of contributions according to Paragraph 4.

2. Properties and facilities are considered perimeter-bound if they are located within the protection area (perimeter) of the water construction project. Contributions are calculated based on the benefits that accrue to the properties and facilities from the measures.

3. Owners are obliged to maintain, replace, or adapt their utility installations, such as inlets, pipelines, dams, bridges, walkways, conduits, walls, etc., at their own expense.

4. Special benefits obtained from water construction projects are to be compensated. Special benefits are deemed to be those that exceed the advantages as per Paragraph 2. The obligation to contribute is not restricted to the perimeter.

5. ...

1. The canton assumes 72% and the municipality 14% of the total costs of flood protection measures in water construction projects. The cantonal contributions are reduced by any federal contributions. The municipality can increase its share. The municipal contributions are considered as mandatory expenditures.

2. The canton assumes 80% and the municipality 20% of the costs of revitalization measures in water construction projects that are not otherwise covered. Any contributions from the federal government and third parties are deducted from the total costs in advance.

3. ...

4. The financing in the event of flood events is determined according to Art. 25 of the Civil Protection Act.

1. The proportional amount of perimeter contributions is determined by the Perimeter Commission based on the plot area or an estimated value. It sets the contribution shares for adjoining property owners who are responsible for the regular maintenance of the banks, based on the length of their property frontage. Additionally, for all properties and facilities liable for contributions, the Perimeter Commission defines contribution rates that vary according to the level of hazard.

2. The perimeter procedure is conducted by the Perimeter Commission. It prepares a cost distributor, which is made publicly available for a period of 30 days alongside the water construction project, with written notice to the obligated contributors. During this period, contributors can file objections. The commission decides on objections that are not amicably settled. The appeals body is the Council of State.

3. The Cantonal Council issues a perimeter ordinance, which regulates the appointment and duties of the Perimeter Commission, the details of contribution obligations and calculations, as well as the perimeter procedure.

1. Measures that endanger or impair accessibility to public waters are prohibited.

2. The free flow of public waters must not be obstructed or endangered by constructions, installations, material deposits, or in any other way.

3. ...

1. A hydraulic engineering permit is required for

a) * Construction projects within the waterbody area;

b) * Construction projects that do not comply with the waterbody distance as specified in Art. 114 Para. 1 of the Building Act;

c) * Construction projects in hazard zones with flood risk.

2. The government council may provide for exceptions.

3. Routine maintenance work and hydraulic engineering projects do not require a permit under this provision.

4. ...

1. The owner of a private body of water has the right to dispose of it, provided that statutory regulations are observed.

1. The utilization of hydropower from a private body of water requires authorization from the Department of Construction and Economic Affairs. The specialized authority ensures that the federal and cantonal regulations on water construction police and nature conservation are observed, and that existing usage rights are not violated.

1. Private leisure activities may be conducted in public waters. This is permitted provided access is possible without violating private property rights and all other legal requirements and public order regulations (e.g., in the areas of nature, water, and environmental protection, as well as fishing) are respected.

1. The right to extract stones, gravel, sand, and silt from public waters is granted, insofar as it can be exercised without adverse consequences for the waterbody, to the riparian owners obligated to maintain the waterbody, for their own non-commercial use. Prior to extraction, a permit must be obtained from the competent authority. This authority may set conditions for the material extraction.

2. In the context of waterway maintenance and development, the canton may extract material from public waters in accordance with the above provisions.

1. Without a concession or permit, directly adjoining property owners are entitled to extract the water necessary for agricultural, domestic, and commercial personal use from a public water body, provided that the natural water flow is not noticeably adversely affected.

2. Such water uses must be coordinated with the needs of other rights holders.

3. The governing council may impose restrictions.

1. Usages exceeding the ordinary use require a concession from the Government Council or an authorization from the competent authority. Usage rights to public waters can only be acquired through a concession from the Government Council.

2. An authorization from the competent authority is required for

a) the mere temporary use of water, such as for the execution of construction works, to remedy temporary water shortages, and for temporary irrigation;

b) commercial uses within the scope of Art. 23.

3. A concession from the Government Council is required for

a) the right to exploit water power;

b) the right to draw water from public waters for use as drinking or utility water; and

c) the right to draw water from public waters for use with heat pumps.

4. The Government Council shall regulate the details of the concession and authorization procedures as well as the content and duration of concessions and authorizations by ordinance. The Department of Construction and Economic Affairs is responsible for concession transfers and concession modifications.

5. Assuming sufficient public interest, the Government Council grants concessionaires the right to expropriation[18]. The ordinance of the Government Council regulates the details.

1. Rights of use that were established according to the law prior to the enactment of this legislation shall remain recognized.

2. Rights of use that have been exercised and recognized as such since time immemorial are deemed to be well-established and enjoy the protection of the property guarantee to the extent that they were exercised at the time this legislation came into effect. Article 80 of the Water Protection Act remains reserved.

3. The Department of Construction and Economic Affairs may revoke pre-existing rights of use by decree if the entitled parties have lost interest in the use, or if public interests in use prevail. Affected parties must be heard in advance of the decree.

1. All parties entitled to use the same public or private watercourse, regardless of the type of entitlement, are obligated to exercise mutual consideration in the exercise of their rights and must not impair the public water supply.

2. The Cantonal Court is generally competent to adjudicate disputes between entitled users concerning the existence, content, and scope of their rights. In cases involving direct participation of concession or permit holders pursuant to Art. 26, competence lies with the Government Council.

1. Agencies Entrusted with Execution May Enter and Temporarily Use Private Property for the Fulfillment of Statutory Duties.

1. In licensing and concession proceedings under this law, the competent cantonal authorities may levy administrative fees. The assessment of the fees is based on Article 20 of the Administrative Procedure Act.

2. For water use requiring a concession or permit, the following charges may be levied in addition to the state fee

a) for the granting of concessions, a one-time concession fee of no more than CHF 10,000, assessed based on the benefit to the concession holder;

b) for the use of hydroelectric power, annually no more than the maximum allowable water charge according to federal legislation;

c) for the extraction of water from bodies of water, no more than CHF 0.50/m³.

3. The Executive Council shall regulate the details in the ordinance. It may exempt certain water uses from the obligation to pay fees.

1. Intentional and negligent violations of the provisions of this law, its implementation orders, or orders issued based on it shall be punished with a fine of up to CHF 50,000.

2. Payment of the fine does not exempt the violator from the obligation to comply with the authority's order to remove the unlawfully constructed buildings or parts thereof, or to restore the original condition.

3. Jurisdiction and procedure are governed by the Swiss Code of Criminal Procedure.

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

1. If an order issued based on the federal water construction legislation or under this law is not followed, the competent authority may take the necessary measures at the expense of the obligated parties or have them carried out by a third party. The procedure is governed by Art. 60 et seq. of the Administrative Procedure Act (VRPG).

1. The new provisions apply to ongoing proceedings. Authorities that are no longer competent under the new law shall resolve the proceedings pending with them at the time of its entry into force.

2. Agreements regarding the distribution of costs for waterbody maintenance, which deviate from the regulation in Article 16, and have been concluded before the enactment of this law, shall remain valid.

1. The Law on the Introduction of the Swiss Civil Code (IE to the SCC) is amended as follows

*The amendments have been incorporated into the affected decree.*

2. The Ordinance on the Federal Law of June 22, 1877, regarding Waterways Policing is repealed.

3. The Ordinance on Landowner Contributions for the Correction or Development of Public Waters (Perimeter Ordinance) is amended as follows

*The amendments have been incorporated into the affected decree.*

1. The Executive Council shall issue the necessary implementing provisions.

1. The law is subject to an optional referendum.

2. The government council determines the commencement.