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Water Law Permits
Are you looking for support in the field of water law permits? At r2eko, we specialize in comprehensive advisory services and the preparation of water law permits. Find out how we can help your company obtain the necessary water permits.
What are the water law permits?
A water law permit is an attachment to the application for a water law permit, allowing for a range of activities related to shaping water resources. This includes not only the construction of water facilities but also actions classified as special water use, water services, and other activities specified in the Water Law.
In practice, this means that any activity that affects the state and management of water resources in any way must be regulated by obtaining the appropriate water law permit, for which a water law permit is necessary.
When is a water law permit required?
Water law permits are crucial documents that must be included with applications for water law permits. They are necessary for regulating various forms of water use, including:
- groundwater abstraction,
- surface water abstraction,
- drainage of rainwater,
- discharge of wastewater into waters,
- introduction of wastewater into sewerage systems of other entities,
- agricultural use of wastewater.
Additionally, the scope of the water law permit may include the construction of planned water facilities, i.e., facilities that may impact the shaping of water resources, their reconstruction, or expansion related, for example, to the scope of the planned investment.
Among them are: deep wells, ditches, ponds, culverts, or other water facilities directly related to water management. These permits also relate to activities that can affect water and wastewater management, changing the quality of both surface and groundwater.
The scope of the water law permit developed to obtain a water law permit includes both a textual and graphic part, in accordance with Article 409 of the Water Law. The content of the permit allows for planning and controlling the use of water resources and establishes the principles of water use in the area of the planned undertaking.
What should be included in a water law permit?
A water law permit consists of two main parts: descriptive and graphic.
In the descriptive part, the following details are specified:
- the purpose and scope of the intended use of waters,
- the type of measuring devices and navigation signs,
- the type and scope of the impact of the intended use of waters or planned water facilities,
- a description of the water facility.
This part is based on precise technical parameters of the facility, its location, and execution conditions. It also includes information about any environmental conditions, existing forms of nature protection nearby, and details regarding the implementation of the facility, including the planned commissioning period and procedures in case of emergencies.
The graphic part includes:
- fundamental longitudinal and transverse sections of water facilities,
- presentation of the beds of flowing waters in the area of influence of these facilities.
According to the Water Law, the graphic part of water law permits also includes graphic attachments with a plan of water facilities and their impact on the environment, including marking properties on the map.
Why do you need a water law permit?
The catalog of activities that may affect the shaping of water resources is extensive and not always a closed catalog. Therefore, every planned investment should be thoroughly analyzed in terms of the Water Law to ensure compliance with environmental requirements at every stage of the project.
Consequences of the lack of a water law permit
Building water facilities without the required water law permit may result in the need for legalization, exposing the project to additional administrative costs. In extreme cases, this can lead to the dismantling of the facility or even the suspension of operations.
In what situations is a water law operational required?
A water law permit is an essential administrative decision for a wide range of activities related to water resources management. A water law permit is required for:
- building water facilities,
- special use of water,
- water services,
- other activities specified in articles 389-390 of the Water Law Act.
When is a water law permit not required?
Ordinary use of water, such as meeting personal or household needs, does not require obtaining a water law permit. Every landowner has the right to use water on their property, but this does not include the right to build water facilities without the necessary permit.
When is only a water law notification required?
In some cases, a water law notification is sufficient, which is a simpler procedure than obtaining a full permit. For example, water law notification is applicable to water facilities used to discharge treated sewage from a household sewage treatment plant. A detailed catalog of such matters is listed in Article 394(1) of the Water Law Act.
Obtaining a water law permit is required for various activities, including:
- Water services listed in Article 35(3) of the Water Law Act,
- Special water use, including introducing industrial sewage containing substances particularly harmful to the aquatic environment into sewage facilities owned by other entities,
- Construction of water facilities,
- Execution of construction works or building structures permanently connected to the ground on properties with an area exceeding 3500 m2, affecting the reduction of natural terrain retention by excluding more than 70% of the property’s area from biologically active surfaces in areas not covered by open or closed sewage systems,
- Long-term lowering of the groundwater table,
- Passage through surface waters and through flood embankments of bridge structures, pipelines, pipelines in protective casings, or culverts,
- Passage through inland waterways and through flood embankments of overhead power lines and telecommunication lines.
Water services include:
- Extraction of groundwater or surface water,
- Damming, storing, or retaining groundwater and surface water and using these waters,
- Treatment of groundwater and surface water and their distribution,
- Collection and treatment of sewage,
- Discharge of sewage into water or into the ground, including discharging sewage into water facilities,
- Use of water for energy purposes, including hydropower,
- Discharge into water or water facilities – rain or meltwater captured in open or closed stormwater sewer systems for the drainage of atmospheric precipitation or into combined sewer systems within the administrative boundaries of cities,
- Permanent drainage of land, structures, or construction pits, as well as mining facilities, as well as discharge into water – waters from land drainage within the administrative boundaries of cities,
- Discharge into water or into the ground of water taken and unused.
Water devices requiring a water permit
Water facilities whose construction requires obtaining a water permit include:
- Channels and ditches,
- Outlets of sewage facilities for discharging sewage into water, land, or water facilities, and outlets for introducing water into water, land, or water facilities,
- Artificial reservoirs located on flowing waters and objects associated with these reservoirs,
- Ponds – especially fish ponds and ponds for sewage treatment or recreation (excluding ponds not filled as part of water services, but only with rainwater or meltwater, or with groundwater with an area not exceeding 5000 m2 and a depth not exceeding 3 m from the natural surface of the terrain).
It’s important to note that other devices or structures used to shape water resources or use these resources may also be classified as water devices.
What other activities may require a water permit?
The construction of water reclamation devices not classified as water facilities,
- The construction of bridge structures, pipelines, power lines, telecommunication lines, and other devices (along with accompanying infrastructure) conducted over surface waters and through flood embankments,
- Works in waters and other works that may cause changes to natural water flow, the state of standing water, and the state of groundwater beyond the boundaries of the land property where these works are carried out.
What should you know?
Remember that a water permit is required for the construction of water facilities, specific water use, water services, and other activities specified in Articles 389-390 of the Water Law. It does not require a permit for ordinary and common use of water, such as using water for personal, household, or agricultural needs. Every landowner has the right to use the water on their property, but this does not include the right to build or operate water facilities that require a water permit.
Note that some activities related to shaping water resources only require a water notification, which is a much simpler procedure. For example, such activities may include the construction of water facilities for introducing treated wastewater into the ground from a household sewage treatment plant. The list of such activities is provided in Article 394(1) of the Water Law.
Who can perform a water law report?
The preparation of a water management plan requires specialized knowledge and experience in environmental analysis and other aspects related to water management. Although the Water Law does not explicitly specify who can prepare the plan, due to its complexity, it is advisable to entrust this task to specialists in the field of water management.
At r2eko, we assist both investors and municipal or municipal offices, as well as all entities planning investments, expansion of facilities, or the operation of existing water and sewage infrastructure.
Our company provides comprehensive support for water management proceedings, including the recognition and analysis of the need to obtain relevant decisions or water notifications, the preparation of all necessary materials for the issuance of decisions by Wody Polskie (Polish Waters), the submission of applications, as well as ongoing monitoring of proceedings in the relevant offices of Wody Polskie.
Our goal is to efficiently and effectively manage the entire process to ensure that our clients obtain water permits tailored to the specifics of each individual situation.
Our experience and expertise
Our team of water law experts at r2eko possesses the education and relevant experience in developing water management plans for various linear and cubature investments, including residential and industrial facilities.
We have extensive experience in creating water management plans for various water-related services, such as water extraction, drainage of rainwater and meltwater, as well as wastewater into waters and water facilities, necessary for obtaining the appropriate permits.
We provide advisory services in water management, helping to determine when and if a particular permit is required, and also in situations where the legalization of activities is necessary according to water law regulations.
What are the benefits of working with us?
Cooperation with us brings comprehensive assistance and professional advice at every stage of the process of obtaining a water management permit. Our experience ensures smooth and effective actions, ensuring that all requirements are met in accordance with the law.
The process of obtaining a water management permit with our support includes:
- Analysis of your needs and initial consultations.
- Careful development and preparation of the necessary documentation.
- Collaboration with administrative authorities.
- Finalization of the process and support in obtaining the permit, ensuring that your actions are fully legal and compliant with regulations.
Our goal is to guide you through the entire process until the permit is obtained, ensuring that all your actions are fully legal and compliant with regulations.
Contact us today to learn more about how we can support your activities related to water management plans.
FAQ - Najczęściej Zadawane Pytania
Pozwoleniu wodnoprawnemu podlegają zamierzenia polegające na szczególnym korzystaniu z wód oraz usługach wodnych, jak również wykonanie urządzeń wodnych. Opis podstawowych inwestycji oraz rodzajów korzystania z wód wymagających uzyskania decyzji wodnoprawnej przedstawiono pokrótce w rozdziale "Kiedy wymagany jest operat wodnoprawny?"
Termin uzyskania pozwolenia jest uzależniony od rodzaju, zakresu oraz specyfiki inwestycji/zamierzonego korzystania z wód oraz liczby stron postępowania.
Na koszt uzyskania pozwolenia wodnoprawnego, poza kosztami sporządzenia samego operatu wodnoprawnego, składają się koszty administracyjne (opłata administracyjna za wydanie pozwolenia wodnoprawnego, opłaty za ewentualne pełnomocnictwa) oraz koszty pozyskania niezbędnych materiałów z innych urzędów (np. mapy sytuacyjno-wysokościowe, wypisy z rejestru gruntów czy wypisy i wyrysy z miejscowego planu zagospodarowania przestrzennego).
