Key Benefits:
20 September 1935
Federal grant
1 A federal grant is granted to the Canton of Bern for the construction of a new dam at Nidau-Port. It is set at 40 per cent of actual expenditure, to a maximum of 1,720,000 francs, with an estimate of 4.3 million francs.
2 The grant will only be paid if the necessary resources can be obtained. In this case, it will be paid in annual instalments as the work progresses. These payments may not exceed 700,000 francs.
3 A first deposit of up to 320 000 francs can be allocated in 1935 already, if the financial cover of the grant is provided before.
4 All financial interests that would be paid by the Aare plants at the cost of constructing the dam will be acquired by the Confederation.
Dam Regulations
The Federal Council will, after listening to the townships, establish the regulation for the dam.
Dam Project
1 The new dam on the Nidau-Büren Canal, downstream of the mouth of the ancient Thiele, will be built according to the project established in 1934/35 by the Directorate of Public Works of the Canton of Bern.
2 If it is completed by the construction of a road bridge, the cost of the bridge is entirely the responsibility of the canton of Bern.
Running jobs
1 The canton of Bern will assume and lead the execution of the work. During the construction of the dam, the state of the high and low waters of the Jura lakes, as well as the Aare regime, will not be aggravated by the current conditions.
2 Construction shall begin within one year from the time when the financial coverage of the federal grant will be provided; the duration of the work shall not exceed four years.
3 During construction, no major changes can be made to the project of 1934/35 without the consent of the Federal Department of Posts and Railways 1 . All measures will be taken to simplify and reduce the cost of construction, as they will not affect the stability of the dam, its operation and maintenance.
4 The current dam will be completely demolished after the new dam is completed.
5 At the close of the accounts, the canton of Bern will present the main implementation plans to the Federal Department of Posts and Railways 2 .
1 Currently "Federal Department of Transport, Communications and Energy" (art. 58 al. 1 let. B of the Act of 19. 1978 on the organisation of the administration-RS 172.010 ).
2 Currently "Federal Department of Transport, Communications and Energy" (art. 58 al. 1 let. B of the Act of 19. 1978 on the organisation of the administration-RS 172.010 ).
Exploitation
1 The Township of Bern will provide the service of the dam, at its own expense, in accordance with the regulations of the Federal Council. The federal authorities will exercise high supervision and ensure compliance with the agreements concluded with the cantons concerned.
2 The canton of Bern will also be responsible for the service of the navigation lock. It can be used free of charge by anyone, for the whole year, from one hour before sunrise until one hour after sunset. The canton of Bern will lay down the police requirements for navigation through the lock. These requirements will have to be approved by the Federal Council, which will consult the cantons concerned and may amend or supplement them.
3 The dam and the navigation lock shall be served only by specially trained personnel.
Maintenance
The dam, the navigation lock, the fish ladder, and the shoreline protection works attached to the dam will have to be maintained by the canton of Bern and at its own expense. At all times, the facilities will have to be in perfect condition.
Oppositions and responsibility
It will be for the canton of Bern to liquidate, at its own expense, the objections to the construction of the dam, as well as the claims for compensation for the harmful effects of the work or the incorrect application of the dam regulation.
Jura water correction
The maintenance of the works of the correction of the Jura waters from 1869 to 1891 will, as before, be the responsibility of the cantons.
Acceptance Timeout
The canton of Bern will declare within three months whether it accepts this order. The latter shall lapse if the acceptance does not take place within that period.
Entry into force and enforcement
1 This Order, which is not of a general nature, shall enter into force immediately.
2 The Federal Council is responsible for its implementation.