LexInter | September 3, 2002 | 0 Comments


Article L212-3
In a sub-basin or a group of sub-basins corresponding to a hydrographic unit or an aquifer system, a water development and management plan sets the general objectives of use, development and quantitative protection and quality of surface and groundwater resources and aquatic ecosystems as well as the preservation of wetlands, so as to meet the principles set out in Article L. 211-1.
Its scope is determined by the master plan mentioned in article L. 212-1; failing this, it is adopted by the prefect, after consultation or on the proposal of the local authorities, and after consultation of the basin committee.
Article L212-4
 I. – For the development, revision and monitoring of the application of the water development and management plan, a local water commission is created by the prefect.
II. – It comprises:
1 ° Half of representatives of local authorities and local public establishments, who appoint from among them the chairman of the commission;
2 ° For a quarter, representatives of users, riparian owners, professional organizations and associations concerned. These associations must be regularly declared for at least five years on the date of the creation of the commission and propose, by their statutes, the safeguard of all or part of the principles referred to in article L. 211-1;
3 ° For a quarter, representatives of the State and its public establishments.
Article L212-5
The water development and management plan takes stock of the state of the water resource and the aquatic environment. It identifies the different uses that are made of existing water resources.
It takes into account the orientation documents and programs of the State, local authorities and their groups, mixed unions, public establishments, other legal persons governed by public law, as well as semi-public companies and trade union associations of the law of June 21, 1865 on trade union associations having an impact on the quality, distribution or use of water resources.
It then sets out the priorities to be retained in order to achieve the objectives defined in Article L. 212-3, taking into account the protection of the natural aquatic environment, the needs for the development of water resources, foreseeable evolution of the rural space, of the urban and economic environment and of the balance to be ensured between the different uses of water. It assesses the economic and financial means necessary for its implementation.
It must be compatible with the guidelines set by the master plan mentioned in article L. 212-1.
Article L212-6
The draft water development and management plan, drawn up or revised by the local water commission, is submitted for the opinion of the general councils, regional councils and the basin committee concerned. The basin committee ensures the harmonization of water development and management plans falling within the scope of its competence.
The project is made public by the administrative authority with the opinions of the people consulted in the appendix. This file is made available to the public for two months.
At the end of this period, the water development and management plan, possibly modified to take into account the observations of the public, the opinions of the municipalities, the general councils, the regional councils and the basin committee, is approved by administrative authority. It is made available to the public.
When the plan has been approved, the decisions taken in the water sector by the administrative authorities and applicable in the perimeter it defines must be compatible or made compatible with this plan. Other administrative decisions must take into account the provisions of the scheme.
The local water commission is aware of the achievements, documents or programs bearing effect within the perimeter of the water development and management plan and of the decisions referred to in the preceding paragraph.
Article L212-7
 A decree sets, as necessary, the terms of application of Articles L. 212-3 to L. 212-6.
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