Law On Rivers And Groundwater (Water Resources Act)

Original Language Title: Lov om vassdrag og grunnvann (vannressursloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2000-11-24-82

Law on rivers and groundwater (Water Resources Act).


Date LOV-2000-11-24-82


Ministry MPE

Edited

LOV-2013-06-21-100 from 01.01.2016, LOV-2015-06-19-65 from 10/01/2015


Published in 2000 Booklet 26


Commencement 01.01.2001

Changes


Promulgated


Short Title
Water Resources Act - vrl.

Chapter Overview:

Chapter 1. Purpose and scope (§§ 1-4)
Chapter 2. General rules relating to waterways (§§ 5-17)
Chapter 3. Further information on licensing watercourse measures etc. (§§ 18 - 29)
Chapter 4. Joint Action (§§ 30-31)
Chapter 5. Protected waterways (§§ 32-35)
Chapter 6. Protection against injury (§§ 36-40)
Chapter 7. Closure of watercourse installations (§§ 41-43)
Chapter 8. Groundwater (§§ 44-46)
Chapter 9. Compensation for damage (§§ 47-50)
Chapter 10. Expropriation and compensation for expropriation (§§ 51-52)
Chapter 11. Audit of waterways and groundwater (§§ 53-58)
Chapter 12. Implementation of the Act and decisions made under the Act (§§ 59-62) | || Chapter 13. Penalties (§63)
Chapter 14. Administrative provisions (§§ 64-65)
Chapter 15. Final provisions (§§ 66-69)

Ref. laws 14 Dec 1917 No.. 17 and June 12, 1931 no. 1 and Law March 15, 1940 no. 3 §§ 2 to 6. Cf.. former lover 1 July 1887 no. 4 and March 15, 1940 no. 3.

Chapter 1. Purpose and scope

§ 1. (purpose) This Act aims to ensure a socially responsible use and management of waterways and groundwater.

§ 2 (what the law regards as watercourses and groundwater) As waterways considered all stagnant or flowing surface årssikker flow, with appurtenant bottom and banks up to the highest ordinary floodwater level. Although a watercourse on some sections runs underground or under glaciers, it is considered in its entirety as waterways. As rivers are also watercourses without årssikker flow if it differs clearly from its surroundings.
Act regulations for waterways also apply

A)
artificial waterway with årssikker flow except wires and tunnels;

B)
artificial water reservoirs are in direct communication with ground water or waterways.

At sea, the Act applies as far

A)
watercourse at medium flow is above sea level at normal low tide condition; or

B)
bottom is characterized by inflow of fresh water.

King may lay

A)
where the limit to solid ground yesterday after the first paragraph;

B)
where the border with sea goes under subsection;

C)
that the law completely or partly apply to polling and other enclosed water areas without fall into the sea, when it is reasonable to equate them with rivers;

D)
by regulation to what extent the statutory provisions shall apply to artificial watercourses and water reservoirs;

E)
by regulations that the law also out of Chapter 9 wholly or partly apply to wires and tunnels leading water under pressure.

With groundwater understood water in the saturated zone in the ground.

§ 3 (Definitions) of this Act, with

A)
watercourse measures watercourse structures and all other measures in the river system which by its nature is likely to affect the water flow, water level, waterways rent or flow direction and speed or the physical and chemical quality of the water otherwise than by pollution;

B)
watercourse structures, building or structure in or above waterways, apart from overhead power lines;

C)
årssikker flow: water flow as the mean temperature above freezing does not dry out by natural causes more often than every ten years on average;

D)
highest ordinary floodwater level: water level at the highest flood which experience can be expected on average every ten years.

§ 4. (geographical scope) King determines the extent to which law should apply to Svalbard, Jan Mayen and the dependencies, and can for these areas stipulate such special rules as local conditions warrant.
Act applies to cross waterways with the limitations imposed by general international law or conventions which the King has signed. As boundary watercourses considered a watercourse that constitute or cross the border into another state. The King may issue regulations for the implementation of international law.
For boundary watercourses against Sweden, the law as far as it is consistent with the Act of 12 June 1931 No.. 1 under the Convention between Norway and Sweden on certain questions relating to watercourse law of 11 May 1929.

Chapter 2. General rules relating waterways

§ 5. (stewardship and duty of care) Everyone shall exercise due care to avoid injury or inconvenience in the watercourse for public or private interests.

Watercourse Measures should be planned and implemented so as to cause minimum damage and inconvenience to public and private interests. This obligation applies as far as it can be met without disproportionate expense or inconvenience. The water authority may by regulations lay down further rules on the planning, implementation and operation of specific types of watercourse measures.
Watercourse Measures must complete all requirements which may reasonably be prepared to hedge against risk to people, the environment or property.

§ 6. (relationship to neighbor law) Neighbouring Act rules shall apply to measures affecting neighbors in waterways as far as otherwise provided by this section.
Rules on neighbor notification and neighbor appraisal in the Neighbour Act §§ 6-8 does not apply to measures which must be authorized by this Act or the Act of 14 December 1917 No.. 17 about vasdragsreguleringer.
Measures, which is authorized under the Act or the Watercourse Act can not be rectified under Neighbour Law § 10
The fact that the damage or inconvenience is permitted under the Act, is not an obstacle to impose developer to pay damages or compensation so far as the rules of neighbor law.

§ 7. (water run into waterways and infiltration into the ground) No person may prevent water run into waterways without this Act.
Development and another reason exploitation should preferably be such that precipitation can still get wastewater through infiltration into the ground. The water authority may order measures that will improve infiltration into the ground, if it can be implemented without unreasonable costs.

§ 8. (licensable measures) No person may take watercourse measures that may be significant damage or inconvenience to any public interest in the river or lake, without going under the provisions of § 12 or § 15, or licensed by the water authority.
The water authority may by regulations or in individual cases decide that measures outside the watercourse which may have a significant impact for a watercourse must have a license. In that case also the Act's other rules regarding watercourse measures excluding allowances pursuant to § 18 to request advance decision on whether the measure is subject to licensing.
If a watercourse measures falls under the first paragraph must be implemented immediately to prevent material damage, notification shall be submitted to the water authority as soon as possible. The water authority may, if necessary, order execution and to take corrective action.
About licensing obligations and licensing process applies otherwise further rules in chapter 3.

§ 9. (quality targets for river systems) The water authority may establish quality of rivers, among them the water flow, drug content and species occurrence in the river system and provisions on Water Resources Authority duties if quality targets are not being met. Quality targets which shall be binding upon the exercise of public authority shall be determined by the Public Administration Act for regulations.
Quality targets for pollutants set by the Pollution Control Act.

§ 10. (receivers and minimum) In case of withdrawal and discharge of water that alter water flow in rivers and streams with årssikker flow, at least the general tide guide be back, if not otherwise provided by this section. The same applies when the water retained by containment.
In concession outlets, drainage or containment should stipulating conditions relating to the minimum in rivers and streams is decided after an assessment. The decision shall be emphasized to ensure

A)
water table,

B)
watercourse impact on flora and fauna,

C)
water quality

D)
groundwater bodies.

The water authority may authorize the conditions pursuant to subsections waived over a shorter period for individual case without environmental consequences. Decisions under this paragraph may not be appealed.

§ 11. (waterside vegetation) Along the banks of waterways with årssikker flow will maintain a limited natural vegetation belt that prevents runoff and provide habitat for plants and animals. This rule does not apply to structures that stand in necessary connection with watercourse, or for which the opening to ensure access to the waterway.
The landowner, project owners and the specialized authorities concerned may require that the municipality determines the width of the belt. The width can also be determined in legally binding plans pursuant to the Planning and Building Act.
The water authority may in special cases exempt from the requirement in the first paragraph.

§ 12 (restoration of waterways run) When a watercourse takes care new race, oppgrunnes or deepened, the old race without a license pursuant to § 8

A)
restored within three years if the change is due to a single course of events;

B)
scaled up or refilling with mass up to the depth or width of the waterway had five years ago.


Recovery under subsection that may be significant damage or inconvenience to any public interest, shall be notified to the water authority. The restoration can be performed by the landowner himself, the other owners in the watercourse or the water authority.
When restoring the first paragraph may be made of strange because as long as it does not cause significant damage and inconvenience that can reasonably be avoided. The landowner must be given notice in reasonable time in advance.
Ditches in agriculture and forestry can without a license pursuant to § 8 scaled up in accordance with regulations under provisions laid down in or pursuant to the law May 27, 2005 No.. 31 forestry (Forestry Act) and the Land Act of 12 May 1995 no. 23.
About beaver dams, the provisions of the draft Act § 18.

§ 13 (general rule on the landowner's disposal) river system belongs to the owner of the land it covers, unless otherwise dictated by special legal status. When a watercourse, or partly in co-ownership, the rules of the Law of 18 June 1965. 6 about SAMEIGE relationship between co-owners.
Owners on either side of a river system have equal rights to the exploitation of hydropower, unless otherwise provided by special legal grounds.
The landowner may oppose others without special legal grounds exert authority over waterways belonging to him. Within the limits set by the legislation, the landowner even prevail over the river so far no special rights are an obstacle to this.
The water authority may impose restrictions on disposal of a property for the sake of future drinking water supply that is being planned. Such a restriction can not be applied for more than five years. The decision may be renewed once for up to five years.

§ 14. (reopening of waterways) The water authority may with six months notice to the landowner make reopening of a closed water systems. Landowners are entitled to compensation under the rules of law on 6 April 1984 no. 17 concerning compensation upon expropriation of real property for loss due to reopening. Unless otherwise agreed, fixed compensation at the discretion requested by the water authority.

§ 15 (supplementary rules regarding landowner receivers) A landowner in the waterway can without a license pursuant to § 8 withdraw water for domestic and livestock on the property. This applies as far as the outlet does not conflict with the provisions of §§ 5 and 10.
Is there a shortage of water, the landowners in the watercourse have equal rights as required to withdraw water for the following purposes under this priority:

1.
Firm catering

2.
Livestock.

The water authority may, if necessary, make further decisions about the distribution and implementation of water withdrawal in shortage situations, including taking into account the underlying properties and the public interest. If the water authority receives a request for a decision on the allocation or implementation shall determine whether the request should be accepted or not regarded as an individual decision.
Landowner withdrawal right after the second paragraph also applies in relation to watercourse measures authorized pursuant to § 8, unless the licensee provides another water supply. The water authority may determine the maneuvering regulations or license condition that withdrawal rights shall be limited to a certain amount or eliminated entirely, against the concessionaire providing compensation for damage or inconvenience.

§ 16. (public availability of waterways) Anyone may use the waterways to

A)
receivers without trenching or use of fixed line or engine power;

B)
bathing in accordance with the Act of 28 June 1957 No.. 16 Outdoor Recreation;

C)
traffic without using engine;

D)
motorized traffic on open or icy waterways when it happens in accordance with the Act of 10 June 1977 no. 82 on motor traffic on uncultivated land and watercourses and the landowner has not prohibited under the second paragraph.

Use of waterways in accordance with subsection shall be so considerate that it does not cause disadvantages of significance for the landowner or other users. The landowner may prohibit motorized traffic in the waterway. The water authority can put a ban aside if the ban after a balancing of the interests that prevail, must be regarded as unreasonable. The water authority may grant permission for taking a reasonable fee for traffic of motor vessels in canals and waterways which are suitable for this purpose.
Everyone has the right to take up items that are dropped in rivers and to float timber in waterways that are just floated so far not triggered concession under § 8. If a busy subject must be regarded as lost property, the provisions of Law 29 . May 1953 no. 3 in the metros. It must be considered waste, the provisions of the Pollution Control Act. About the right to fish, the provisions of Law 15 May 1992 No.. 47 on salmonids and freshwater fish, etc.


§ 17 (disposal of the centerpiece of the lakes) State has the standalone middle piece in larger lakes. Located lakeside on Crown lands, included the centerpiece of the commons. Private has the right to use the center section as required by law or other legal grounds.

Chapter 3. Further information on licensing watercourse measures etc.

§ 18. (separate decision on license is required) The water authority may by regulations or individual determine if a watercourse measures need a license under § 8 or regulation provide that certain watercourse measures or watercourse measures in specific areas or types of areas should be reported to the water authority. The water authority shall take decisions under the first sentence if the developer, affected competent authority or others with a legal interest requests, and may prohibit implementation before the decision is taken. Appeals against the decision that the measure must have a license, can not be granted suspensive effect. The rule in § 27 shall apply accordingly.

§ 19 (special rules for hydropower) Concession for hydropower development that includes watercourse regulations given pursuant to the Act of 14 December 1917 No.. 17 about vasdragsreguleringer only by virtue of its §§ 1 and 2. This Act will apply for such watercourse regulations as far as no exceptions are made under the Act or laid down specific rules in the watercourse Act.
For riverine with average annual production of 40 GWh comes Watercourse Act § 5 letter ad and f, § 6 and § 8 first paragraph instead of §§ 20 and 23-25 ​​of this Act. For licenses to such riverine applies Watercourse Act § 10 no. 3, § 12 no. 1-13, 16-20, 21 with the exception of the third and fourth paragraphs, § 16 Nos. 1-3, § 19 and § 20 instead of §§ 26 and 27-29 of this Act. If a riverine with average annual production of 40 GWh is not granted a license under the Act of 14 December 1917 No.. 16 relating to waterfalls, etc., Are set license fees pursuant to its § 2, third paragraph. 13.
For others hydropower plants Act applies fully, however, that the watercourse Act § 12 no. 1 on construction deadlines apply instead of § 27

§ 20. (coordination of permits) The water authority may issue regulations or in individual cases that it needed a license under this Act for measures

A)
must have permission under the Act on 15 May 1992 no. 47 on salmonids and freshwater fish, etc. § 7, or § 10;

B)
need permission Pollution Control Act § 11 or by regulation pursuant to the Pollution Control Act;

C)
must have an exemption from the protection decisions for the draft Act, Chapter V or older protection decisions as mentioned in the draft Act § 77, or performed as management measures under the draft Act § 47;

D)
Are allowed in the zoning of the Planning and Building Act; or

E)
is approved pursuant to regulations under Forestry Act § 7 or soil Act § 11.

The King may issue regulations requiring licensing procedures under the Act in certain types of cases replace licensing procedures for certain other laws.

§ 21. (reconstruction of watercourse installations) Remaining Construction of watercourse installations with a license pursuant to § 8 can take place without a new license if the work starts within five years from the plant was inoperable, and it is completed with reasonable speed. The water authority may extend the deadline once.

§ 22. (planning in waterways) When central government authorities have initiated integrated planning for use or protection of waterways for a larger area, the water authority without further delay or reject an application for a license relating to a watercourse which contained planning. Concession may be granted only if the project will have no significant impact on the planning.
When a plan as mentioned in the first paragraph has been completed, it shall be assumed for the processing of applications for licenses. An application which is contrary to plan, can be rejected without further ado. Only the Ministry may issue a license to watercourse measures that may reduce the hydropower in river systems in the plan are allocated to power development.
Overall planning of various measures within one watercourse should preferably take place under the provisions of the Planning and Building Act.
Concession Mandatory measures into waterways must have a license under the Act and the license can not be substituted legally binding plans pursuant to the Planning and Building Act. The water authority may decide that any power generation plant with a final license under this Act without further shall have effect as state land-use planning under the Planning and Building Act § 6-4.

§ 23. (content of applications; issue assessment) application for a license pursuant to § 8 shall be in accordance with regulations under § 65 give necessary information about the planned measures and advantages and disadvantages of it and the relationship to legally binding plans pursuant to the Planning and building Act.

The water authority may require additional information from the applicant and may decide that the applicant shall carry out or pay for investigations or studies needed to clarify the advantages or disadvantages of the measure. For projects coming under the rules on environmental impact assessment in the Planning and Building Act, these rules apply instead.
If a watercourse measures capable of causing significant damage or inconvenience, it should be emphasized getting examined relevant alternatives that have a different localization, technical solutions or a different design. If the measure will affect the disposition of the watercourse way, shall be attached to clarifying such consequences.

§ 24 (publication of applications - opposition) The application is published in accordance with the provisions of the Freedom of Information Act.
The application shall be announced to the applicant's expense pursuant to the Planning and Building Act § 12-10 first paragraph, first and second sentence, second and fourth paragraphs, cf. § 5-2. The water authority may refrain announcement if

A)
matter can be fully informed otherwise;

B)
it is clear that the treatment must be postponed pursuant to § 22; or

C)
it is clear that the application must be rejected.

Rules on objections to the Planning and Building Act §§ 5-4 to 5-6 apply insofar as appropriate for applications for licenses for a power plant under this Act. The same bodies given the opposition right after the Planning and Building Act, also given the right to appeal the licensing decision pursuant to the Public Administration Act chapter VI. Ministry will issue further regulations on the use of objection in licensing matters under this Act.

§ 25 (criteria for the concession) The concession may be granted only if the benefits of the measure exceeds damage and inconvenience to public and private interests that will be affected in the river system or catchment.
When a measure is of a permanent nature or for other reasons can get more long-term effects, the requirement in the first paragraph shall be fulfilled in the long term.

§ 26. (terms in the concession) The concession may be imposed to counteract damage or inconvenience to public or private interests. Emphasis should be on promoting safe from harm on people, the environment or property, ensure the best possible adaptation the landscape and maintaining the natural life in the watercourse. The vessel may be subject to conditions to

A)
insure against harm through design and functional requirements and requirements for necessary maintenance of watercourse installations;

B)
ensure cleanup or return to the imposition;

C)
adapt the measure to other appropriate exploitation;

D)
allow for others to take part in the watercourse measure;

E)
mitigate damages and disadvantages of older measures in the river system, including the reopening of streams, re-establishment of buffer zones and other restoration of natural areas, if it is reasonably connected with what license applies.

Can a watercourse measures affecting water flow and water level, shall be prescribed limits on water levels and flow in accordance with § 10, with necessary instructions for checking, and if necessary be instructed on how draining tray to happen.
In concession to watercourse actions that may cause significant inconvenience to other exploitation of the waterway or river basin, it can be stipulated that the developer provides for such utilization elsewhere or provide subsidies for this purpose.
License may be limited. It may be decided that the license will be revised after a certain time.
It may be laid down regarding security for any liability for damage or inconvenience measure causes. If the developer has control over the ground where the measure to be performed and the measure obviously will not cause loss or injury, the water authority exempt the developer from a court assessment for determination of any damages.

§ 27. (loss of license) The license expires if work is commenced within three years after it was granted. The same applies if the work is subsequently suspended for more than two years. The water authority may extend the time limit once by up to three years.

§ 28. (reversal of concessions) In special cases, the water authority rescind or alter the conditions or impose new conditions in the interests of public or private interests. Consideration should be given to the losses that a change will impose the licensee and the advantages and disadvantages that the amendment will otherwise entail. This provision does not apply to measures which are treated by the law of 14 December 1917 No.. 17 about vasdragsreguleringer.

§ 29 (treatment of reversal cases) for consideration of cases pursuant to § 28, the provisions of § 23 to the extent applicable.

Changes in the rules of operation that allows us to vary the water level or water flow must be circulated for comment by Administration Act regarding regulations and published pursuant to the Planning and Building Act § 12-10 first paragraph, first and second sentence, second and fourth paragraphs , ref. § 5-2. The water authority shall at the applicant's expense hold public meeting on the matter, unless the Ministry exempts for this.

Chapter 4. Joint Action

§ 30. (facilitating joint measures for water supply and draining) Measures for water supply and draining shall make reasonable efforts to be made so that they could be useful for other landowners.
When the water authority processing an application for a license pursuant to § 8 to water supply or draining, it should be by public announcement or individual notification attempt to clarify whether the measure can also meet the need for other interested parties. In terms of the concession can water authority determine in more detail how this should happen, among them that other interested parties may participate in ownership or to grants, cf. § 31

§ 31 (reimbursement of expenses for joint actions) Everyone benefits significantly from a watercourse measures or exploitation of groundwater shall be considered as a participant in the initiative when it comes to the distribution of the project's expenses for construction, maintenance or operation.
Participants can make an agreement on the distribution of the project's expenses.
If not all public expenditure is distributed by agreement between the participants or by special rules, they can be divided between the participants

A)
of the water authority. The decision is enforceable by execution;

B)
at the discretion at the request of a participant or referral from the water authority. It is right to demand a new judgment after ten years;

C)
of land consolidation court at the request of a participant or by referral from the water authority.

A public expenditure can only be apportioned among the participants who benefit from it. When one part of the measure depends on another part as several benefits from, the expenses of both distributed them all. No participant must pay such a high percentage of the project's overheads that the participant is worse off than if the measure had not come prepared.
The King may issue further regulations regarding cost allocation by public measures.

Chapter 5. Protected watercourses

§ 32. (protected watercourses) With protected watercourses purpose of this Act waterways protection plans at Parliament's resolution on protection plan for rivers or other parliamentary resolutions.
Vernede waterways published in the Norwegian Law Gazette.
Changes in the scope of protected watercourses can only take place by parliamentary resolution. Such decisions will be announced in the Norwegian Law Gazette.

§ 33. (rules for protected watercourses) In protected watercourses ensured protection particularly through

A)
provisions of this Act, including the special provisions of this Chapter

B)
provisions of decisions by the draft Act, Chapter V, or

C)
legally binding plans pursuant to the Planning and Building Act.

Inasmuch waterway falls under decision by the draft Act, Chapter V, the provisions of and pursuant to the draft law instead of the law here. The rules on security, supervision, compensation and who may exercise their disposal in this Act apply. Going a protected waterways under binding plan under the Planning and Building Act, the provisions of this Act next to such a plan.

§ 34. (hydropower development in protected watercourses) No need to make power development in conflict with the decisions on the protection of waterways.
All plans hydropower developments in protected watercourses must be alerted to the water authority for consideration before implementing the measure.
The provisions of § 35 apply insofar as appropriate for energy development initiatives in protected watercourses.

§ 35. (second watercourse measures in protected watercourses) In protected watercourses where data integrity is protected through this Act, the existing plants consist and ongoing activities continue, if not otherwise provided in §§ 66 and 67. In addition, following special rules apply: | ||
1.
Existing facilities can not be used for new purposes without a license pursuant to § 8

2.
If a change in ongoing activities within the framework of the current concession would affect the conservation value of the watercourse, it can only happen with a new license. The same goes for the resumption of activities that have been suspended for at least five years.

3.
In protected watercourses are measures under § 12 first paragraph are not exempt from licensing under § 8

4.
The water authority can for specified areas in protected watercourses stipulate that all measures should be notifiable.

5.
New plants can only be allowed when the interest of the conservation values ​​of the watercourse not speak against.

6.

Modification of existing plants which involves extensions, can only be allowed if conditions in the waterway after an overall assessment will be environmentally as favorable as before rebuilding.

7.
Water intake is permitted in accordance with § 15. The water authority may determine a limit for the total water withdrawal.

8.
When the water authority makes decisions concerning a protected waterways under this Act shall be given to the interests of conservation values. The water authority may reject an application for a license without further proceedings. Will it be granted a license, the justification for the decision show how conservation values ​​are believed to be affected and why this has not been decisive for the decision.

9.
Along protected watercourses can water authority may impose reestablishing vegetation that is naturally in a zone along the banks determined in binding plan under the Planning and Building Act. For losses resulting from the decision paid compensation under the rules of law on 6 April 1984 no. 17 concerning compensation upon expropriation of real property. Unless otherwise agreed, fixed compensation at the discretion requested by the water authority.

Chapter 6. Protection against injury

§ 36 (regulations on safety requirements) The water authority may issue regulations to promote safe from harm on people, the environment and property.

§ 37. (maintenance of watercourse measures) Watercourse Measures that may cause harm, the person responsible at all times keep in proper condition. Maintenance obligation lasts until the plant is legally imposed pursuant to § 41
The water authority may order measures pursuant to subsection. It shall consider any order as soon as possible when any legal interest in requesting it. The decision is an individual decision even if orders are not issued.

§ 38. (contingency plans) The developer responsible for a watercourse actions that may cause significant danger to people, the environment or property, to have a contingency plan. The plan shall provide guidelines for what to do if an accident occurs or in acute danger increase. The plan will be renewed as needed.
The water authority may

A)
require that an emergency plan is prepared and submitted for approval;

B)
issue orders changes to the plan;

C)
order that several project owners shall cooperate emergency plan or the plan to be drawn up by a joint organization;

D)
issue regulations concerning the emergency plan and preparedness against acute watercourse accidents.

§ 39. (requirements for professional qualifications) The water authority may by regulations or individual decision lay down requirements for professional qualifications of persons involved in the planning, construction, operation and investigation of Water Resources measures.

§ 40. (measures in serious emergencies) When conditions inside or outside a watercourse creates a special and unusual danger to people, the environment or property, the water authority impose any developer to tailor its business to reduce risk. If the person responsible is clearly unable to meet the maintenance requirement for a plant that causes danger of material damage should the water authority make necessary maintenance under § 37 or decommissioning under § 41.
The water authority may, if necessary, take action on foreign property to protect people, the environment or property against a particular risk of serious harm. Take such action on a property that is not threatened, the owner is entitled to compensation under the rules on liability for Emergency Action.

Chapter 7. Closure of watercourse structures

§ 41 (right to impose watercourse installations) If the owner of a watercourse structures will no longer keep the plant alive, the plant shall be removed and the river as far as possible returned to conditions as they were before the plant was built. Before the closure, the owner shall provide all interested parties notified well in advance.
If closure can cause noticeable damage or inconvenience to the public interest requires a license pursuant to § 8. The license shall be granted if there are particular reasons against it. The water authority may impose conditions in the license pursuant to § 26
The water authority may grant a license for that closure occurs otherwise than as mentioned in the first paragraph, if it will not result in any increased danger or harm.

§ 42. (transfer of watercourse structures rather than closure) The water authority may transfer a watercourse structures desired closed to someone who wants it maintained, if not the owner then waived closure.


§ 43. (resolution of fløtingsforeninger) Before fløtingsforening is dissolved, the association's floating facility transferred or abolished in accordance with the provisions of this chapter and other necessary cleanup undertaken or shall be of such security for the continued operation and maintenance as well as potential liability as the water authority may determine. The water authority can impose a fløtingsforening to provide security for the costs of closure of the floating facility.

Chapter 8. Groundwater

§ 44. (disposal of groundwater) Groundwater is part owner of the land that the groundwater is at or below, unless otherwise dictated by special legal status. Located a groundwater body under several properties, it lies to the properties jointly owned with a party conditions corresponding to each property's land surface. Law of 18 June 1965. 6 about SAMEIGE § 10 subsection does not apply to these condominium parties.
The disposal of groundwater must be exercised in accordance with the requirements of §§ 10 and 15 subsections. Withdrawal of groundwater shall be limited to the groundwater reservoir tolerate.
For damage or inconvenience resulting from the exercise of rights to ground water, the provisions of chapter 9 relating to compensation for damage corresponding to the extent applicable.

§ 45. (license requirement for possession of groundwater) The landowner can no concession withdraw water for domestic and livestock on the property.
Ground water are subject to licensing under § 8, cf. Chapter 3, by

A)
receivers exceeding a limit that the water authority has laid down in regulations;

B)
receivers that exceed the extent that is natural for business as it is common to operate on such properties;

C)
other control or influence of groundwater if the water authority has determined the regulations or in individual cases.

§ 46. (groundwater drilling) Whoever performs drilling for water shall exercise due care to avoid damage and nuisance caused by drilling. The provision of § 39 applies correspondingly to groundwater drilling.
After completing the drilling concerned shall no later than three months notify the bore of the water authority.
Ministry may issue regulations concerning the information that a message after the second paragraph should contain. It can be prescribed for carrying out drilling, including on investigations and sampling should be performed.
Whoever performs groundwater investigation and prepare a report on the survey, shall no later than three months after submission of the report to submit notification thereof to the water authority. The water authority may occasionally ask for a copy of the report with the necessary vouchers.

Chapter 9. Compensation for damage

§ 47. (liability) of a project may be responsible for general liability rules for infringement of §§ 5, first paragraph and 46, first paragraph.
Undertaking is liable regardless of fault

A)
for damage or inconvenience of watercourse measures resulting from errors or defects in the measure execution under § 5 subsections or measure maintenance under § 37 first paragraph or in connection with violations of the licensing requirement under § 8 or conditions in concession under § 26;

B)
for damage or nuisance to property or rights of a concession granted watercourse measures;

C)
for damage or nuisance to property or rights to the imposition of a watercourse system, cf. § 41;

D)
to damage from water pipes or water tunnels;

E)
for damage caused by motorized traffic or floating in the waterway;

F)
when it otherwise follows from general liability rules.

§ 48. (burden of proof) If a watercourse measures are inconsistent with this Act or decisions made pursuant thereto, and the measure causes damage, the developer the burden of the condition before the damage if it can no longer be observed.

§ 49. (scope and calculating compensation) Compensation for damage and inconvenience to the property of a legal watercourse measures may only be claimed to the extent that the damage or inconvenience is unreasonable or unnecessary under the rules of the Neighbour Act § 2, second to fourth paragraphs.
For compensation for damage and inconvenience affecting the exercise of rights of public rules in the Pollution Act § 57 letter d, ref. § 58 accordingly and so that the water authority enters into pollution control authorities place.
For easing of liability applies law on 13 June 1969. 26 for damages § 5.2. In case of damage to property or things consideration shall also be given to whether the property or thing withstands particularly small.

§ 50. (insurance requirements) The water authority may order that the river measures capable of causing considerable damage to have insurance for possible liability.

Chapter 10. Expropriation and compensation for expropriation


§ 51. (ratio of general expropriation) By expropriation of disposal over waterways and groundwater, the provisions of the Act of 23 October 1959 no. 3 relating expropriation of real property and the law on 6 April 1984 no. 17 concerning compensation upon expropriation of real property, unless otherwise provided in this chapter. Expropriation may also occur under other legislation.
By expropriation for hydropower production increased all replacements by 25 percent.
Permit expropriation for expropriation should in case be given concurrently with the license under § 8
Awarded compensation shall be the annual amount if no compensation is less than the minimum amount as determined by the King. Lump-sum compensation shall be set if there property in its entirety or a substantial portion being ceded or ekspropriaten requires.
Previously stipulated compensation under the minimum amount determined by the King, can be converted into lump-sum compensation and exercised with a sum once and for all if one of the parties.

§ 52 (compensation for late effects) Volder a watercourse measures harm of significance that were not foreseen at the former settlement, the injured party may claim compensation for damage caused by the lawsuit. The provision in § 51 subsection shall apply accordingly.

Chapter 11. Audit of waterways and groundwater

§ 53 (supervision) The water authority supervises watercourse measures and with the state and development of waterways, unless otherwise provided in other legislation. The water authority may by regulations or in individual cases entrust others to lead the audit.
For supervision of groundwater and groundwater measures, the provisions of this chapter as appropriate.

§ 54. (internal) The person responsible for a watercourse structures shall ensure that the plant and its operation meet the requirements laid down in or pursuant to this Act. The water authority will issue regulations on internal control and internal control systems.

§ 55 (right to information and surveying) The water authority shall for its supervision have unimpeded access to the river basin initiatives, waterways and catchments. Developer is obliged by order to put forward for the water authority information, documents or other materials of significance for audit. When there are special reasons, such information on the instructions required by others.

§ 56. (erection of watermarks) The water authority has the right to set up watermarks or instruments for measurements in river basins and watersheds. The landowner shall be notified before erection. The water authority may, upon application also give others the right to make such setup.
So far the purpose of the assembly makes it possible, should the assembly be done without causing inconvenience to the landowner or other interests in the watercourse.

§ 57. (surveys) The water authority may conduct investigations in river basins and watersheds. If the examination causes damage or inconvenience beyond what can reasonably be put up with, injured party may claim compensation.
The water authority may order the person responsible for the waterways to provide or pay for investigations or similar measures that may reasonably be required to clarify the project's functional safety. The same applies to the person responsible authorized under this Act to clarify the project's effects on the natural conditions in the river system.

§ 58 (fees for control of watercourse measures) The water authority may issue regulations on fees for inspection of watercourse measures. Fee rates set so that the fees collected do not exceed watercourse authority's costs control and for action under § 40 first paragraph second sentence. The fee is enforceable by execution. Not paid the fee due, interest shall be levied as stipulated in the Act of 17 December 1976 no. 100 relating to interest on overdue payments, § 3 subsection.

Chapter 12. Implementation of the Act and decisions made pursuant thereto

§ 59. (rectification order) Whoever has a legal interest in it, may require conditions that are contrary to law or decisions pursuant thereto are corrected. When the water authority ascertains an illegal relationship by a licensable watercourse action or exploitation of groundwater, it shall provide a corrective order if it is not granted a license pursuant to § 8 or the earlier decisions are transformed according to § 28. If necessary, the imposed halt to ongoing operations .
Finds water authority other factors which may cause danger or inconvenience to people, the environment or property, it may issue an order for rectification in accordance with the provisions of §§ 28 or 40.

The water authority is obliged to consider a request for action to be taken by significant environmental degradation in water covered by the EEA Agreement Annex XX paragraph 1 (European Parliament and Council Directive 2004/35 / EC), when the request is made by a physical or legal person affected, or are expected to be affected by the damage, or who have sufficient interest in the matter. The request must be supported by information that substantiates the existence of substantial environmental damage.
Water authority's decision on the basis of the request referred to in the third paragraph is an individual even if the order is not granted.
Rule in § 48 applies equally to the demand for correction.

§ 60. (coercive) To ensure that decisions taken pursuant to this Act are implemented, the water authority order the person responsible fines to the state.
Coercive fine may be imposed when the Act or decisions made pursuant thereto is detected. Levying of the fine if the person responsible fails to meet the deadline for rectifying the situation Watercourses this authority. Coercive fines may also be imposed in advance and shall become effective from any contravention. It may be determined that the coercive fine run as long as the unlawful situation persists, or that it is payable for each violation.
The water authority may waive fines.

§ 60a. (Violation charge) The water authorities may impose a penalty for any person who willfully or negligently violates or contributes to the violation of provisions made in or pursuant to this Act. The same applies to violation of conditions established by or under license pursuant to previous legislation on watercourses.
Payment for imposed fines is four weeks from the date of the decision. Imposed fines are enforceable by execution.
If a violation that may result in a violation charge pursuant to subsection is committed by a person acting on behalf of an entity, you violation fines levied undertaking. This applies even if the violation penalty not be imposed on individual. With enterprise 'means a company, sole proprietorship, foundation, association or other association, estate or public sector.
In deciding on administrative penalties be imposed and when determining the amount of the sanction should be particularly emphasized:

A)
seriousness of the violation,

B)
if you disobey the guidelines, instruction, training, inspection or other measures could prevented the violation,

C)
whether the offense is committed to promote the offender's interests,

D)
about violator has had or could have obtained some benefit in the contravention

E)
whether there is repetition,

F)
offender's financial ability.

§ 61 (immediate implementation by the water authority) Has the water authority issued an order on measures under this Act as the responsible party fails to, the water authority also ensure implementation of the measure.
The water authority may implement measures without prior order if it is necessary to avert an imminent danger, or if the circumstances would be unreasonable burdensome to locate the person responsible.
It may by individual determined that the costs of implementation shall be borne by the responsible party. The decision is enforceable by execution.
Have water authority adopted a resolution entitled to a refund pursuant to subsection runner limitation period for the claim from the time a final decision was made. Water authority claims for reimbursement of expenses related to significant environmental damage as referred to in § 59 subsection, or related to imminent threat of such damage, barred five years after the date of the final decision, yet no later than 30 years after the measures were implemented. Other requirements under subsection barred no later than 10 years after the measures were implemented. Moreover, the provisions of the Limitation Act to the extent applicable.

§ 62. (use of another property by implementation) Is it necessary for implementation pursuant to §§ 59 or 61, can water authority make use of the controller or the property of others. The water authority may, if necessary, give the administrator permission to make use of others' property.
Will it under subsection made use of others' property, he shall be compensated by the person responsible for any loss caused damage and inconvenience. The water authority vouches for the amount.

Chapter 13. Penalties

§ 63 (criminal liability) with fines or imprisonment up to three months anyone who willfully or negligently

A)
introducing a measure that requires a license under this Act except as authorized by a license or without permission in plan;

B)
implement a notifiable watercourse measures without following the provisions of this Act or regulations issued pursuant to this Act relating to notification;

C)

Exceeds a license or violates the license conditions or restrictions established pursuant to this Act;

D)
violates the provisions of § 5 paragraph, § 10 subsection (cfr. § 44, second paragraph), §§ 11, 16, second paragraph, 37, first paragraph, 38, first paragraph, first sentence, 39, 46 or 54;

E)
contravenes a provision of regulations in accordance with §§ 36, 38 second paragraph d or 39 regulations imposes a penalty.

The same penalty the person who violates the provision in § 44, second paragraph, second sentence.
Is it caused a risk of substantial harm to the environment or property, or the general aggravating circumstances, violations pursuant to subsections punishable by imprisonment up to two years, unless a stricter penal provision is applicable. The same applies where the infringement has caused harm to people or conservation values ​​in protected waterways.

Chapter 14. Administrative provisions

§ 64. (water authority) King determines who is the water authority and the water authority that can make decisions under the Act, and including add functions under the Act to municipalities. The Ministry may also add functions under the Act other than water authority, including to private legal entities.
The County appealed against decisions made by the municipality.
King may issue any authority under this Act instructions on how the authority shall be exercised and the delegation of the.

§ 65 (implementing provisions) The Ministry may issue regulations to supplement and implement this Act, including whether

A)
contents of applications and notifications and about the administration's treatment of them;

B)
cooperation between the water authority and other public authorities.

Chapter 15. Final provisions

§ 66. (Relationship to older measures) Act also applies watercourse program launched before the law comes into force (older watercourse measures).
A license pursuant to 15 March 1940 no. 3 relating watercourses §§ 104 and 105 or a decision pursuant to § 144 applies as a license under this Act.
Older watercourse measures not needed permission by former watercourse law, can continue without a license pursuant to § 8. The water authority may in special cases still determine the individual that the measure must have a license, and that the measure is illegal if it is not, the application within a specified period .
For older watercourse measures apply § 10 to the extent that the measure has not made use of the ordinary low water transfer before commencement of this Act. By licensing treating elderly watercourse measures pursuant to the third paragraph, second sentence, § 10 fully. Have an older watercourse measures concession after Watercourses Act, it may by reversal under § 28 also requires, in accordance with § 10, second paragraph. For older watercourse measures that fall under the Watercourse Act, § 10 no.
For the exercise of rights to ground water comes subsections insofar as appropriate. Groundwater Withdrawal established before commencement of this Act may be exercised to the same extent as before regardless of the provision in § 44 first paragraph.

§ 67. (Relationship to decisions made by older legislation) Regulations or established pursuant to statutory provisions that are repealed pursuant to §§ 68 and 69, remain in force until they are amended or repealed pursuant to this Act.
Agreements for the supply of power according to the rules of the previous Act of 15 March 1940 no. 3 relating watercourses may be required superseded by judgment against full compensation.

§ 68 (entry into force) This Act shall come into force when the King bestemmer.1
from the same date all sections except §§ 2-6 of the Act of 15 March 1940 no. 3 relating waterways.

§ 69. (amendments to other Acts) When the law comes into force, the following amendments to other Acts - - -