Rs 721.312 Federal Decree Of September 20, 1935, Allocating A Grant To The Canton Of Berne For The Construction Of A New Dam In Nidau-Port

Original Language Title: RS 721.312 Arrêté fédéral du 20 septembre 1935 allouant une subvention au canton de Berne pour la construction d’un nouveau barrage à Nidau-Port

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721.312 federal decree allocating a grant to the canton of Berne for the construction of a new dam at Nidau-Port of September 20, 1935, the Federal Assembly of the Swiss Confederation, view of art. 23 of the federal constitution and art. 16 of the Federal law of December 22, 1916, on the use of the hydraulic forces; considering the message of the federal Council of 2 August 1935, stop: art. 1 grant federal federal grant a federal grant is awarded to the canton of Berne for the construction of a new dam in Nidau-Port. It is set to 40 percent of actual costs, to a maximum of 1 720 000 francs, the quote of 4.3 million francs.
The grant will be paid only if the necessary resources can be obtained. She will be in this case paid by annual instalments, as the work progresses. These payments may not exceed 700,000 francs.
A first instalment of 320 000 francs can maximally be allocated in 1935 already, if financial coverage of the grant is guaranteed before.
All financial interests that would be paid by the factories of the Aare to the costs of construction of the dam will be acquired to the Confederation.

Art. 2 Regulation dam dam Council federal regulation will establish, after hearing the coastal townships, the regulation for the operation of the dam.

Art. 3 dam project dam project the new dam on the Nidau-Büren canal, downstream from the mouth of the old Thiele, will be built according to the project established by the Direction of public works in the canton of Bern in 1934/35.
If it is supplemented by the construction of a road bridge, the latter charges are entirely borne by the canton of Bern.

Art. 4 execution of the construction work 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 Lakes of Jura, as well as the Aar can be aggravated compared to current conditions.
Construction should begin within a period of 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.
During construction, no essential changes can be made to the project of 1934/35 without the consent of the federal Department of posts and railways. All measures will be taken to simplify the construction and reduce costs, as they do not harm the stability of the dam, its operation and maintenance.
The current dam will be completely demolished after the completion of the new.
At the closing of the accounts, the canton of Berne will main implementation plans to the federal Department of posts and railways.

Currently "Federal Department of transport, communications and energy" (art. 58 al. 1 let. B of the Act on Sept. 19. 1978 on the Organization of the administration - RS 172.010).
Currently "Federal Department of transport, communications and energy" (art. 58 al. 1 let. B of the Act on Sept. 19. 1978 on the Organization of the administration - RS 172.010).

Art. 5 operation operation the canton of Berne will ensure service of the dam, at his own expense, in accordance with the regulations that will enact the federal Council. Federal authorities will exercise supervision and ensure the observation of the agreements with the cantons concerned.
The canton of Berne will, at its own expense also, navigation lock service. It can be used for free by anyone, throughout the year, from one hour before until one hour after the sunset. The canton of Berne will enact the requirements of police for navigation through the lock. These requirements must be approved by the federal Council, which will consult with the cantons concerned; It may modify or supplement them.
The dam and lock navigation will not be served by personnel specially assigned to this job.

Art. 6 maintenance maintenance the dam, the navigation lock, fish ladder, as well as the works of protection of banks associated with the dam, will have to be maintained by the canton of Bern and at his own expense. At any time, the facilities must be in perfect condition.

Art. 7 oppositions and Oppositions responsibility and liability it is up to the canton of Berne to liquidate, at its own expense, the objections to the construction of the dam, as well as requests for compensation relating to the effects of the book or inaccurate application of the rules of dam.

Art. 8 correction of the waters of the Jura Correction of the waters of the Jura, the maintenance of the works executed from 1869 to 1891 Jura waters correction will be, as before, to the cantons.

Art. 9 acceptance deadline time for acceptance the canton of Berne will declare within three months if he accepts this order. It will become obsolete if acceptance does not take place within that period.

Art. 10 entry into force and execution implementation and execution this order, which is not of a general scope takes effect immediately.
The federal Council is responsible for its execution.

RS 4 996 RS 101 RS 721.80 FF 1935 II 149 State 11. July 2006

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