Entnahme von Grundwasser mit förmlichen Verwaltungsverfahren Erlaubnis

Section 8 paragraph 1 of the Water Resources Act (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__8.html
Section 9 paragraph 1 number 5 of the Water Resources Act (Water Resources Act - WHG)
www.gesetze-im-internet.de/whg_2009/__9.html

If you want to extract groundwater, you must apply for a water permit. In some cases, this can only be granted in a formal administrative procedure.

If you want to extract groundwater in large quantities, you need a water law permit. You must apply for this. The responsible authority will examine your application and decide whether you will receive a permit.

In certain circumstances, the responsible authority must carry out a formal administrative procedure. This gives those involved the opportunity to comment on the project. For this purpose, the authority makes the project public and, if necessary, holds an oral hearing.

The permit specifies the type and extent of use for you and may be subject to conditions and ancillary provisions. In contrast to an approval, a permit can be revoked by the responsible authority. There is no legal right to use groundwater.

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

Typically, this involves several or all of the following documents:

• Explanatory report
• Site plan in which the existing or planned facility is marked in color
• Information on the type of system
• schematic representation of the system in plan and section

• The groundwater and the public water supply are not endangered by your use.
• Your project does not fall under public use, for which no water law permit is required.

1,000.00 EUR - 12,500.00 EUR

• You send your application with the required documents to the responsible authority.
• The competent authority
  • checks the completeness of your application and documents 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 bodies.
• The responsible authority shall make the project public.
• If necessary, the competent authority will hold an oral hearing with the parties.
• You receive
  • a permit or
  • a rejection notice
• You will also receive a fee notice.
• You pay the fee.

You must expect a processing time of 6 months. In individual cases, processing may take longer.

There is no legal deadline. Apply for permission well in advance of starting your project.

There are no special features.

Action before the administrative court

• For the extraction of groundwater in larger quantities, a water law permit must be applied for
• In certain cases, the authority must conduct a formal administrative procedure.
• In a formal procedure, those involved have the opportunity to comment on the project. This requires a public announcement and possibly an oral hearing.

Authority for the Environment, Climate, Energy and Agriculture