WATER POLICE AND CONSERVATION
LexInter | September 3, 2002 | 0 Comments

WATER POLICE AND CONSERVATION

Article L215-7
The administrative authority is responsible for the conservation and policing of non-state watercourses. It takes all measures to ensure the free flow of water.
In all cases, the rights of third parties are and remain reserved.
Article L215-8
The general regime of these watercourses is set, if necessary, so as to reconcile the interests of the various categories of users of their waters with the respect due to property and to the rights and uses previously established, after public utility inquiry, by order of the minister responsible for the watercourse or the section of the watercourse.
Article L215-9
The riparian owner of a non-state-owned watercourse may carry out work over or joining this watercourse only on the condition of not prejudicing the flow and causing no damage to the properties. neighbors.
Article L215-10
I. – The authorizations or permissions granted for the establishment of works or factories on non-state watercourses may be revoked or modified without compensation from the State exercising its police powers in the following cases :
1 ° In the interest of public health, and in particular when this revocation or modification is necessary for the supply of drinking water to inhabited centers or is the consequence thereof;
2 ° To prevent or put an end to flooding;
3 ° In the case of the general regulations provided for in article L. 215-8;
4 ° When they concern the works establishing or regulating the water level or the establishments or factories which, as of March 30, 1993, have not been maintained for more than twenty years; any public authority or any interested public establishment may, in the event of default by the permit holder or the holder of the authorization, and in his stead, after formal notice by the prefect, carry out the work which is the consequence of the revocation or of the modification of the permission or authorization, and pursue, against the permit holder or the holder of the authorization, the reimbursement of this work;
5 ° For reasons of environmental protection and in particular when these authorizations subject the natural aquatic environments to critical hydraulic conditions that are incompatible with their preservation according to the procedures set by decree of the Council of State.
II. – The provisions of I are applicable to permissions or authorizations granted by virtue of Articles L. 214-1 to L. 214-6, or prior to the entry into force of these provisions, as well as to establishments having a legal existence and to companies authorized in application of Title III of the Law of October 16, 1919 relating to the use of hydraulic energy.
III. – The conditions of application of 4 ° of I are fixed by a decree in the Council of State.
Article L215-11
The owners or farmers of mills and factories, even authorized or having a legal existence, are responsible for damage caused to roads and properties.
Article L215-12
The mayors can, under the authority of the prefects, take all the necessary measures for the policing of watercourses.
Article L215-13
The diversion of water from a non-state-owned watercourse, from a source or from groundwater, undertaken for a general interest purpose by a public authority or its concessionaire, by a trade union association or by any other public establishment , is authorized by an act declaring the works to be of public utility.

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