Erlaubnis für die Entnahme und das Ableiten von Wasser aus oberirdischen Gewässern in einem förmlichen Verfahren beantragen

If you wish to withdraw or discharge water from surface waters, you can apply for a permit under water law from the relevant water authority. In some cases, this can only be granted in a formal administrative procedure.

You can apply for this from the competent authority. They will examine your application and decide whether you will be granted a permit.

Surface waters are rivers, lakes, canals, streams, ditches and ponds.

You must provide the following information in your application:

• Purpose of the abstraction or discharge
• Duration, type and quantity of the withdrawal

To enable the authority to assess your project and its impact, you must submit several documents with your application, for example an explanatory report, site plans and sketches of the pumping system and transport systems. Depending on the type of project, the documents can be very different and extensive. If in doubt, you should clarify in advance with the authority which documents are required in your case.

The authority may have to carry out a formal administrative procedure. This gives those involved the opportunity to comment on the project. To this end, the authority publishes the project and, if necessary, holds an oral hearing.

The permit specifies the type and extent of use. It may be subject to conditions and ancillary provisions. In contrast to an authorization, a permit can be revoked by the authorities.

The documents you need for your application vary depending on the type and scope of your project. In a preliminary discussion with the responsible water authority, you can clarify which documents are required in your case.

As a rule, several or all of the following documents are required:

• Explanatory report
• General site plan as a topographical map in which the existing or planned facility is shown in color
• Current cadastral site plan in which the existing or planned installation is shown in color
• Information on the type of installation
• schematic representation of the facility in plan and section
• accompanying nature conservation planning, including entry in the compensation area register for new facilities
• If applicable: Technical contribution to the Water Framework Directive

In individual cases, you must submit further documents on request.

• The water body and the public water supply are not endangered by your use.
• Your project does not fall under public use, for which you do not need to apply for a permit under water law.

An administrative fee must be paid to the respective federal state for the issue of the permit. The administrative fee is based on the respective state regulations on administrative fees.

You can apply for a permit from your local water authority. The general procedure is as follows:

• Send your application for a permit with the required documents to the competent water authority.
• The responsible water authority
  • checks that your application and documents are complete and contacts you if any information or documents are missing,
  • examines your application from a water management and water law perspective and, if necessary, involves other authorities.
• The competent authority will publicly announce the project.
• If necessary, the competent authority will hold an oral hearing with the parties involved.
• You will receive
  • a permit or
  • a notice of refusal
• You will also receive a fee notice.
• You pay the fee.
  

The processing time depends in particular on the quality and scope of the application and the documents.

There is no statutory deadline. Apply for the permit in good time before starting your project.

There are no indications or special features.

Action before the administrative court

• Withdrawal and discharge of water from surface waters with formal administrative procedures Permit
• A permit under water law must be applied for from the competent authority for the abstraction and discharge of water from surface waters
• In certain cases, the authority must carry out a formal administrative procedure.
• In a formal procedure, interested parties have the opportunity to comment on the project. This requires a public announcement and possibly an oral hearing.
• Surface waters are rivers, lakes, canals, streams, ditches and ponds
• Prerequisite: No damage to the water body is to be expected as a result of the project
• Any necessary documents:
  • Explanatory report
  • General site plan as a topographical map with color coding of the existing or planned facility
  • Current cadastral site plan with color coding of the existing or planned facility
  • Information on the type of installation
  • schematic representation of the facility in plan and section
  • accompanying nature conservation planning, including entry in the list of compensation areas for new facilities
  • Technical contribution to the Water Framework Directive
• Application is subject to a fee
• Responsible: competent authority of the respective federal state