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Applying for a water licence - General information

Companies and private individuals require a licence under water law if they, for example

  • Pump groundwater,
  • Discharge wastewater into a body of water or
  • wish to utilise a body of water for another specific purpose.

The authorisation specifies the type and extent of use and is limited in time. It may be subject to conditions and ancillary provisions. In certain cases, it can be revoked.

An authorisation under water law can be issued as a permit, higher-level permit or authorisation.

A higher authorisation can be grantedif there is a public interest in thiseinterest ora legitimate interest of the water user bestands.

In special individual cases, a permit under water law can also be issued for the project.

You require a permit for the following water uses, for example:

  • Withdrawal and discharge of water from surface waters,
  • Damming and lowering of surface waters,
  • Removal of solid substances from surface waters if this has an effect on the water characteristics,
  • Introducing and discharging substances into surface watersewaters,
  • Extracting, extracting, discharging and discharging groundwater.

Other types of use that require a permit are set out in Section 9 (2) of the Water Resources Management Act (WHG) and Section 14 of the Baden-Württemberg Water Act (WG).
No authorisation is required if the use is covered by public use.
However, these are only uses that are not very intensive and are usually traditionally permitted. These include, for example, bathing, travelling with small unpowered boats and watering animals.
Regulations on public use are specified in Sections 20 and 21 WG.

Prerequisite

A permit under water law is granted by the competent authority at its discretion (management discretion).

The law also stipulates when a licence cannot be granted.

This is the case if unavoidable, harmful changes to water bodies are to be expected or other requirements under public law are not met.

For example, a permit for the discharge of wastewater into bodies of water (direct discharge) requires, among other things, that the pollutant load of the wastewater is as low as possible according to the state of the art.

Responsible department

The lower water authority is generally responsible:

  • for water uses in a city district: the city administration
  • for water uses in a rural district: the district office

The regional councils as higher water authorities are responsible for utilisation in accordance with Section 82 (2) and (3) of the Baden-Württemberg Water Act.

Procedure

Apply in writing to the competent authority for a water licence. It will examine your application and decide on the authorisation.

Under certain circumstances, an environmental impact assessment (EIA) must be carried out for your project or at least a general or site-specific preliminary environmental impact assessment.

Please contact the authority responsible for your application before submitting it.

Depending on the content of your application, public participation may be required by law.

Deadlines

none

Required documents

The documents required depend on the type of project applied for.

In any case, an explanatory report and informative site plans are required.

For example, the documents listed below are usually required for a discharge authorisation for a wastewater treatment plant. In individual cases, however, further documents may be required by the competent authority:

  • Statement on the possibilities of public wastewater disposal for the designated site area by
    • the responsible wastewater/water association
    • or the responsible municipality
  • Parcel map(s) for the designated area of the project
  • Site and distance plan
    • the location of the wastewater treatment plant,
    • the course of the pipework for wastewater pipes and
    • the location of the adjoining discharge point into the respective body of water
  • Operating description with design or system drawing of the planned wastewater treatment plant and the measurement and control procedures
  • Operating description for the small wastewater treatment plant already selected (KKA)
  • drawing of the discharge structure
  • Consent of the person responsible for maintaining the water body used
  • declaration of consent under neighbouring law for the crossing of third-party properties.

Note: In individual cases, further documents must be submitted on request.

Costs

depending on the fee schedule of the competent authority

Processing time

depending on the type of water utilisation applied for for the permit

Miscellaneous

If you have any further questions, please contact your local water authority directly.

Appeal

Details of the legal remedy can be found in the respective decision of the water authority.

Legal basis

Gesetz zur Ordnung des Wasserhaushalts (WHG)

  • §§ 8 ff. - Erlaubnis, Bewilligung
  • § 57 - Einleiten von Abwasser in Gewässer

Wassergesetz für Baden-Württemberg (WG)

  • § 14 - Benutzungen
  • § 20 - Gemeingebrauch
  • § 21 - Bestimmungen für Gemeingebrauch, Eigentümergebrauch und Anliegergebrauch sowie für das Verhalten im Uferbereich
  • § 93 - Erlaubnis- und Bewilligungsverfahren
  • § 82 - Zuständigkeiten

Gesetz über die Umweltverträglichkeitsprüfung (UVPG)

  • §§ 4 ff.

Umweltverwaltungsgesetz Baden-Württemberg (UVwG)

  • §§ 10 ff.

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 18.07.2024