Rs 721.831 Regulation Of February 12, 1918 On The Calculation Of The Royalty Rights Of Water (Rde)

Original Language Title: RS 721.831 Règlement du 12 février 1918 concernant le calcul des redevances en matière de droits d’eau (RDE)

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721.831 regulation on the calculation of the royalty rights of water (RDE) of the l2 February 1918, the Swiss federal Council, in performance of the art. 49, 51 and 74, al. 2, of the Federal law of December 22, 1916, on the use of the hydraulic forces (hereinafter 'law'); on the proposal of the Department of the Interior, stop: art. 1 A general / I. principles of the calculation A. General information I. principles of calculating the maximum fee payable is calculated based on the annual average of the theoretical powers (average theoretical power) in kilowatts.
The fee may also be calculated on the basis of a different method. It will, however, not exceed the amount calculated according to this regulation.

New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).

Art. 2 A General / II. Calculation of the average theoretical power II. Calculation of the average theoretical power the average theoretical power is calculated on the basis of usable flows and the usable drop heights.
...
Are taken into account in this calculation the drop heights and flows resulting from facilities executed in accordance with the concession.
In plants where the fall is not significantly influenced by the flow as well as in small plants, the average theoretical power can be calculated based on the annual average of usable drop heights.
When the curve of the daily average flow of the watercourse duration is not known, it is estimated by analogy with those of comparable regions.
If the determination of the heights of fall and flow encounter particular difficulties, the average theoretical power can be calculated on the basis of the energy produced, given the partial heights of fall and available rates that have not been used. The licensing authority shall adopt the necessary provisions.

New content according to section I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).
New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).
New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).
Repealed by no I of O from 6 oct. 1986 (1986 1789 RO).
New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).
New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).

Art. 3 A General / III. III calculation date. The average theoretical power calculation date is based on annual statements, once the grant.
If the dealer is willing, the licensing authority may apply to a number of new years the average arithmetic mean of the average theoretical powers obtained for the past years.
If however the conditions of the use of the hydraulic forces are changed during this period by work of any nature whatsoever, the licensing authority and the concessionaire may at any time seek review of the calculation of the average theoretical power.

New content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).

Art. 4 B height of fall / I. In general (B) height of fall I. Generally means usable drop height the difference of level between the place where the water is derived from the watercourse public and one where she made back.

Art. 5 B drop height / II. Fall licensed and used fall II. Fall licensed and fall used if the actually used drop height is less than usable fall set by the concession, this last only height is taken into account for the calculations.
If the actually used drop height is greater licensed drop height, the first is taken into account for the calculation.

New content according to section I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).

Art. 6 B drop height / III. Use of several streams in the same pool III. Use of several streams in the same pool if the water intake and discharge point interested several streams belonging to the same watershed, and if the spill is located upstream of the confluence of natural water courses, includes in the usable drop height the difference of level between the point of discharge and Confluence as this fall can not be used rationally in another factory.

Art. 7 B drop height / IV. Water diversion in other basins of reception IV. Water diversion in other basins of reception if the water intake and discharge point interest streams belonging to different river basins, we consider the effects of this derivation for the calculation of the height of fall fair.

Art. 8 B drop height / V. Derivation of watercourse V. Derivation of water courses when the stream is artificially brought into a pool of accumulation or in the upper reach of a plant, we got also, account for the calculation of usable falling, the difference in level between the plug into the public waterways and the pool of accumulation or the upper reach.

Art. 9 B drop height / VI. VI pumping plants. Plants pump for pumping plants that are intended to gain strength, and in which the water intake is not at the same level as the spill point, means drop height the level difference of the public stream between the water intake and discharge point; the delivery height and height of fall as a result of the discharge are not considered.

Art. 10 B falling height / VII. Use of the speed of the current natural VII. Use of the speed of the current natural if using in a public streams the natural speed of the current as driving force, without artificial channel, the load height is considered fall height.
The load height is calculated based on the average speed of the current at point of use and for an average water level.

Art. 11 B height / VIII. Further increase of the fall / 1. By the tra - public vaux in the VIII watercourse. Further increase in the fall 1. By tra - vaux public in the watercourse if the usable fall has a factory is increased as a result of the removal of barriers in the public stream, will be considered this new fall in the calculations, as it can be used by the facility provided in the concession.

Art. 12 B height / VIII. Further increase of the fall / 2. By transformations of installation 2. By transformations of the installation if an increase in the fall under the concession is granted to the owner of a law of water prior to October 25, 1908, the fee for this increase in power is calculated according to the prescriptions of this regulation.

Art. 13 B height / IX. The intake of the spill and place / 1. IX water intake. Location of the shooting of water and discharge 1. Water intake the intake of water is: a. for the plants-dam on the upstream side of the dam; b. For facilities with diversions in the public stream, before the works of diversion; c. For the pools of natural or artificial (Lakes and underground water basins) accumulation in the basin, regardless of the pressure he can exert on the water derived; d. For groundwater and sources instead of capture.

Art. 14 B height / IX. The intake of the spill and place / 2. Spill 2. Spill point spill is located, for the dam factories as for installations with bypass in the public stream, at the mouth of the tailrace of the factory.

Art. 15 B height / X. Limnimetrie X. Limnimetrie the water levels at the water intake and at the point of discharge are observed using means and, if necessary, concurrently with the limnigraphes.
If third parties have an interest in the observation of the deduction limit, must be marked by apparent signs.
Metric divisions of the means and the height of the limits of detention must be reported to the Swiss levelling horizon (the mark of the stone of the Niton = 373,6 m altitude).

Art. 16 C flows / I. In general c. flows I. In general to calculate the usable flows, we first determines the total flows of the public watercourse; then we subtract charges that under the concession, should remain in the public or the dealer must provide according to the prescriptions of the law of the concession River.
The remaining flows represent usable as flows that they do not exceed the capacity of the facility provided for in the concession; the absorption capacity of the hydraulic motors which are foreseen in the concession as a permanent reserve engines does not come into consideration.
If the public watercourse flows include water from another water course, takes account fairly to the effects of this derivation the computation of usable flows.

Introduced by chapter I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).

Art. 17 C debits / II. Flow concessionnes and used II. Flow concessionnes and used

If the rate actually used exceeds the flow of concessionne, the first is the basis for the calculations.

Art. 18 C flows / III. Pumping III plants. Factories pumping plants pumping using water from sections of streams concessionnees for other purposes, refers to usable flow actually pent-up water quantity.
In all other cases means usable flow throughput has plant pumping as it does not exceed the capacity of the installation (maximum repressed).

Art. 19 C flows / IV. Gauging / 1. In general IV. Gauging 1. Generally flows at the second to determine directly; the gauging is performed using containers calibrated or by measuring the speed through the hydrometric reel.
Other methods of measurement are allowed if, in equal conditions, they reach the same degree of accuracy.
Empirical determination only through forms of flow is permitted only in the cases where none of the processes set out in this regulation is applicable.

Art. 20 C flows / IV. Gauging / 2. In the basins of accumulation 2. In the accumulation in the basins of accumulation natural or artificial basins, usable throughput may determine by variations in the water level in the restraint as well as by the artificial flow (flow used in tailrace) or the natural flow (Weir or flow in the natural bed).

Art. 21 C flows / V. public V. gauging Station flow of a river gauging Station is measured as much as possible in a profile that is not influenced by the use of the fall and where all the water available to the plant.
For plants with accumulation tanks, flow of the tributaries can be determined using variations in the level of water in the hold and flow of tailrace and Weirs.
If streams are derived in a pool of accumulation or in the upper reach of a plant, available flow measure in the public stream.

New content according to section I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).
New content according to section I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).

Art. 22. Debits / VI. Plants with accumulation VI. Plants with accumulation the maximum fee of the plants with accumulation is determined as if these plants were operated over water. If however, through the accumulation, actual production exceeds the possibilities of production thus determined, account will be taken of this theoretical strength supplement. Instead of this production, used flow can serve as a basis.
and...

New content according to section I of the ACF Dec. 30. 1953, in force since Jan. 1. 1953 (1954 237 RO).
Repealed by section I of the O on October 6. 1986 (1986 1789 RO).

Art. 23 D. Implementation D. implementation the calculation of the royalty for the water rights granted subsequent to October 25, 1908 will be determined as early as January 1, 1918 in accordance with the provisions of this regulation.
If the owner of a law of water prior to October 25, 1908 received after this date the concession of new forces, the royalty will be calculated for them according to the prescriptions of this regulation.

RS 4 780 new content according to section I of the O on October 6. 1986, in effect since Jan. 1. 1986 (1986 1789 RO).
RS 721.80 State 11. July 2006