Rs 721.80 Federal Law Of December 22, 1916, On The Use Of The Hydraulic Forces (Hydraulic Forces, Lfh Act)

Original Language Title: RS 721.80 Loi fédérale du 22 décembre 1916 sur l’utilisation des forces hydrauliques (Loi sur les forces hydrauliques, LFH)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
721.80 federal law on the use of the hydraulic forces (hydraulic forces act) (LFH) of December 22, 1916 (status on 1 July 2012) the Federal Assembly of the Swiss Confederation, view the art. 23 and 24 of the federal constitution; considering the message of the federal Council on April 19, 1912, decrees: chapter I of law provision art. 1a. surveillance of the monitoring of the Confederation Confederation Confederation A. high exercise supervision on the use of the hydraulic forces of public or private water courses.
Are deemed public stream, within the meaning of this Act, the Lakes, rivers, streams and channels on which a right of private ownership is not established and those who, while being private property, are assimilated by the cantons to public streams, with regard to the use of force.

Art. 2 B available under public law / I. rights of the cantons / 1. Invested community of the right of disposal B. available under public law I. rights of the cantons 1. Invested community of the right of disposal the cantonal legislation determines the Community (canton, district, municipality or corporation) to which belongs the right to dispose of the strength of public waterways.
The provisions of cantonal law allowing residents to use the strength of public waterways remain in force, until their repeal by the cantons.

Art. 3 B provision under public law / I. rights of the cantons / 2. Content of the right of disposal / has. In general 2. Content of the right of disposal has. In general the community which has the strength of a watercourse can use itself or grant usage to third parties.
The right of use may be granted to a community in a form other than that of the concession.

Art. 4 B provision under public law / I. rights of the cantons / 2. Content of the right of disposal / b. approval authority cantonal b. approval of the cantonal authority districts, municipalities or corporations which have the strength cannot use it or sell it to third parties without the approval of the cantonal authority.
The approval is refused if the use project is contrary to the public interest or the rational use of the watercourse.

Art. 5B available under public law / II. Rights of the Confederation / 1. General II. Rights of the Confederation 1. In general the federal Council enacts the General provisions to ensure and develop the rational use of the hydraulic forces.
It may also issue specific requirements to a stream or to a section of specific watercourses.
The federal Office of energy (office) has the right to consider whether plants projects provide, in their overall plan, the rational use of the hydraulic forces.

The name of the administrative unit has been adapted in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1).
New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 6B available under public law / II. Rights of the Confederation / 2. Water courses located on the territory of several cantons 2. Streams located on the territory of several cantons if it to highlight a section of water courses located on the territory of several cantons, or in a single factory, several sections in the different cantons and the cantons can agree, the federal Department of the environment, transport, energy and communication (Department) statue After hearing the cantons.
It takes fairly into account legislation of the cantons, and the benefits and disadvantages resulting from the company for each of them.
If the modification of the watercourse or the occupation of the land restricted to an excessive extent the establishment of population of a canton or their livelihoods, the Department should not grant the concession without the consent of the canton.

New name according to ACF on Dec. 19. 1997 (unpublished).
New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 7 B provision under public law / II. Rights of the Confederation / 3. International water courses 3. International watercourses in the sections of water courses related to the national border, it is up to the Department, after hearing the cantons concerned, to constitute the rights to use or to authorize the community who has to highlight itself.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 7aB. provision under public law / II. Rights of the Confederation / 3. Operation of 3 ponds. Exploitation of ponds to meet the obligations of international law of the Confederation, the Department may, after consultation with the cantons and interested parties, arrangements regarding the operation of dams.
If these measures affect acquired rights, the indemnity provided for in art. 43, al. 2, is the responsibility of the incumbent public community of the right to self-determination.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 8 b. provision under public law / II. Rights of the Confederation / 4. Export of water or energy 4. Export of water or energy water or energy produced by water power can be derived from abroad without permission of the Department.
The authorization is denied if the export is contrary to the public interest and it is expected that the water or energy will find a suitable use in Switzerland in time for which the authorization is requested.
Authorization is granted for a fixed term and conditions fixed by the Department; It can be revoked at any time, with compensation, for reasons of public interest. If the compensation is not fixed by the Act of authorization, it is determined in equity.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 9B available under public law / II. Rights of the Confederation / 5. Derivation of a township in another 5. Derivation from one canton to another derivation of electric energy from one canton to another cannot be restricted only insofar as the public interest of the exporting canton.
The Department shall decide if challenged.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 10 B provision under public law / II. Rights of the Confederation / 6. Contracts limiting the distribution areas 6. Contracts limiting the distribution areas the factory owners who sell electricity are required to submit to the Department, at its request, the conventions by which they are forbidden energy sales in a specific area. The Department may order the change if they are contrary to the public interest.
The provisions of this section apply by analogy to the intermediaries.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 11 B provision under public law / II. Rights of the Confederation / 7. Unused water 7. Unused stream if, despite offers of fair use, and without good cause, the district, the municipality or the corporation refuse, for an extended time, to use themselves or to use the power of public water available to them, the cantonal government may, on behalf of the entitled, grant use.
The parties can use within thirty days the Department.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 12 B provision under public law / II. Rights of the Confederation / 8. Hydraulic forces required for the Confederation / a. law of the Confederation 8. Hydraulic forces required to Confederation Confederation Confederation law may require the strength of a public waterway to its transport and communications companies.
It takes account of the needs and development opportunities of the cantons from the waters, particularly of their interests in the use of water power.
If a section of water courses is already used, the Confederation may acquire the right of use and facilities, either by expropriating the usinier, either by making use of the right of redemption or return.
If it doesn't have the immediate use of force, it can temporarily assign usage to third parties.

New content according to chapter I of the Federal ACT of 21 June 1985, in force since Jan. 1. 1986 (1985 1839 RO; FF 1984 III 1445).
Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).


Art. 13 B provision under public law / II. Rights of the Confederation / 8. Hydraulic forces required for the Confederation / b. compensation to the Community (b) compensation to the community if the Confederation requires a community one force unused, it must compensate for the loss of the tax concession and the annual fee.
If the section is already used, the Confederation must compensate the community for the loss of the loss of the annual fee, and, if circumstances warrant, the loss of the right of redemption or return.
If the Township received, at the time of the assignment, the special tax under art. 49, al. 3, it must also be compensated for this loss.
...

Repealed by no 29 of the annex to the Federal ACT of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 14 B provision under public law / II. Rights of the Confederation / 8. Hydraulic Confederation forces / c. Compensation for loss of tax c. Compensation for loss of tax as compensation for the loss of cantonal, communal and other taxes the Federal Government pay compensation to 11 francs per year per kilowatt installed theoretical to the cantons on the territory of which it requires hydraulic forces.
The al. 1 is also applicable when the Confederation uses the hydraulic forces under a concession or other legal title.
The compensation for the loss of taxes must not exceed the amount of the taxes which should be paid in the case of use of the water by a corporation operating a factory of partners.
If the used sections of water courses are located on the territory of several cantons, each is fixed in the proportion where it contributes to create the force.
It belongs to the canton to pay all or part of the compensation to the municipalities, districts or other communities undergoing loss of taxes.
...

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
Introduced by chapter I of the Federal ACT of 21 Dec. 1967, in force since July 1, 1968 (RO 1968 841; 1967 I 1037 FF).
Introduced by chapter I of the Federal ACT of 21 Dec. 1967, in force since July 1, 1968 (RO 1968 841; 1967 I 1037 FF).
Repealed by no 29 of the annex to the Federal ACT of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 15B provision under public law / II. Rights of the Confederation / 9. Regularization of water courses / a. Execution of 9 works. Regularization of watercourses a. Execution of works in the interest of a better use of hydraulic forces and navigation, the Confederation may, after hearing the cantons concerned, Decree the regularization of the level and flow of the Lakes, as well as the creation of pools of accumulation. If the occupation of the land restricted to an excessive extent the establishment of the population or their livelihoods, the consent of the canton is necessary.
The Federal Assembly shall decide on the execution of the work and on the apportionment of costs between the Confederation and the cantons.
If several cantons are concerned, costs are allocated proportionately to their interest.
Municipalities, corporations and interested individuals can be called by the cantonal to contribute to the cost of the book, authority in proportion of benefits that they derive from. ...

Sentence repealed by section 29 of the annex to the LF of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 16 B provision under public law / II. Rights of the Confederation / 9. Regularization of water courses / b. dam b. dam the Confederation regulation regulation has the right to regulate the flow of lakes with accumulation basins created with his participation.

Art. 17 C available to them under a right private / I. General C. provision under a right private I. background the use of private streams, or the use of public waterways under a private residents right (art. 2, al. 2) is subject to the authorization of the canton.
The cantonal authority ensures that federal and cantonal police of water regulations are observed and that the existing use rights are not harmed.
The art. 5, 7A, 8 and 11 and chapter II shall apply by analogy.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 18 C available to them under a right private / II. Imposition of plants II. Imposition of the factories if the canton receives a special tax on the energy produced by plants established under a private law, this tax does not encumber the plants more strongly than the royalty provided for in art. 49 strike awarded plants.

Art. 19. provision under a private law / III. Expropriation of the right III. Expropriation of the right if a public interest company needs a force that belongs to residents under a law (art. 17) private and get not the canton the expropriation of the force as well as land and real rights, the Department can give it to him. Expropriation is governed by federal law in this case.
When the Federal Government expropriated itself, federal law and art. 12, al. 1, are still applicable.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 20 C available to them under a right private / IV. Compensation for loss of tax IV. Compensation for loss of tax when the Confederation acquires the strength of a public waterway whose use belongs to residents under a private law (art. 2, para. 2), it compensates the Township for the loss of the special tax on electric power, to which he was entitled under the law (art. 18).
Confederation shall pay in addition to the canton, as compensation for the loss of cantonal, communal and other taxes, compensation to 11 francs a year and by theoretical kilowatt installed; art. 14 shall apply by analogy.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Chapter II of the use of watercourses art. 21 a. Droit of supervision of the authorities / I. Police water A. right of supervision of the authorities I. Police water hydraulic plants must be established in accordance with federal and cantonal police of waters regulations.
Before the beginning of the work plans of plants are subject to a public inquiry with suitable opposition period.
On the rivers corrected using Federal grants, the establishment of plants is subject to permission of the Department.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 22 a. Droit of supervision of the authorities / II. Protection of sites II. Protection of sites the beauty of the sites must be provided. It must be kept intact if a major public interest.
The plants must not Mar or Mar the least possible landscape.
The Confederation allocates communities compensatory amounts to fill the shortfall resulting from a considerable restriction of the use of water as it is attributable to the preservation and the protection of sites of national importance to be protected.
...
The federal Council lays down the terms of compensation.

Introduced by art. 75 ch. 6 of the Federal ACT of Jan. 24. 1991 on the protection of waters, in effect since Nov. 1. 1992 (1992 1860 RO; FF 1987 II 1081).
Introduced by art. 75 ch. 6 of the Federal ACT of Jan. 24. 1991 on the protection of waters (RO 1992 1860; FF 1987 II 1081). Repealed by no II 15 of the Federal ACT of 6 October. 2006 on the reform of financial equalisation and Division of tasks between the Confederation and the cantons (RPT), with effect from Jan 1. 2008 (2007 5779 RO; FF 2005 5641).
Introduced by art. 75 ch. 6 of the Federal ACT of Jan. 24. 1991 on the protection of waters, in effect since Nov. 1. 1992 (1992 1860 RO; FF 1987 II 1081).

Art. 23 a. Droit of supervision of the authorities / III. Fishing III. Fishing the factory owners are required to establish facilities for the protection of the fish, improve them, if the need arises, and take any other measures to that effect.

Art. 24 A right of supervision of the authorities / IV. Protection of navigation / 1. Sections of navigable waterways IV. 1 navigation protection. Sections of navigable rivers is navigable, within the meaning of this Act, the Rhine downstream from Rheinfelden, including major port sites of Birsfelden, Birsfelden - at, Basel St.. Johann and Basel-Kleinhüningen.
The opportunity to develop the following watercourses for navigation, including the major port sites, is reserved: a. for the Rhine, its confluence with the Aar to Rheinfelden; b. to the Rhone, from Lake Geneva to the national border.

For the rest, the cantons determine, law on inland navigation, how the waters are open to navigation and what facilities they affect or allow for this purpose.


New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 25 A right of supervision of the authorities / IV. Protection of navigation / 2. Planning for the protection of waterways 2 route. Planning for the protection of the route of inland waterways with a view to develop, for navigation, water courses referred to in art. 24, al. 2, Confederation a sectoral plan under the Federal law of June 22, 1979 on the development of the territory. The cantonal master plans into account in accordance with the above law.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
RS 700 art. 26 A right of supervision of the authorities / IV. Protection of navigation / 3. Facilities for navigation in the vicinity of hydraulic plants 3. Facilities for navigation in the vicinity of water works water works located on the watercourses referred to in art. 24, al. 1 and 2, should be designed so as to preserve the current navigation and to allow its extension, or else to allow further development of these rivers for navigation. In particular, they must book the space needed for the construction of facilities for navigation to full-size.
The usage of water power rights holder has the obligation to provide the amount of water required for the operation of the locks. If this obligation limits the use beyond what is established in the concession, the restriction must be compensated by an allowance. If the parties fail to agree, the concession must be limited by expropriation proportional to the obligation of the holder.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 27 A right of supervision of the authorities / IV. Protection of navigation / 4. Decision to build waterways 4. Decision to build waterways Management sections of watercourses referred to in art. 24, al. 2, for navigation must be the subject of a federal decree subject to optional referendum.
No international treaty can be approved before the entry into force of the federal order.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 28 a. Droit of supervision of the authorities / V. V. Driftwood Driftwood who built a plant is required to establish and serve floating facilities, if the resulting costs are proportionate to the importance of the driftwood.
The owner of an existing plant can be required to build facilities that used to float and serve them with fair compensation. ...

Sentence repealed by section 29 of the annex to the LF of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 29 A right of supervision of the authorities / VI. Hydrometry / 1. The Basic VI data collection. Quantity 1. Collecting basic data the Confederation and the cantons have the right to conduct hydrometric surveys in private and public waterways and the work necessary to this effect, in particular stations of measures. If need be, they can acquire the rights and the necessary land through expropriation. The cantons may expropriate under federal law.
The owners of hydro-electric facilities and facilities used to regulate the level and flow of the Lakes may be required to measure the levels and flows in the perimeter of the facility. They do these surveys as directed by the Confederation and shall communicate the results.
The Confederation may make the statements provided for in para. 2 in agreement with the owner of the installation. If they are needed as a result of the installation, its holder bears the costs; otherwise, costs are borne by the public authority which has ordained.
Records provided by the Federal law of 24 January 1991 on the protection of the waters are reserved.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
RS 814.20 art. 29aA. right of supervision of the authorities / VI. Hydrometry / 2. Statistics and research 2. Statistics and research the Federal Government establishes, in collaboration with the cantons, the statistics necessary for enforcement of this Act. In particular developing pictures on all of the existing hydro-electric development as well as on all the samples and return of water.
She searches: a. to carry out its tasks in the field of the use of the watercourse; b. to encourage the rational use of water power; c. to encourage the modernization of existing facilities.

It makes the results available to the public in an appropriate form.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 30 a. Droit of supervision of the authorities / VII. Right of access of the VII authorities. Right of access by authorities the factory owners and residents are required to grant free access to their facilities to cantonal and federal officials who provide police in waters, fishing and navigation, as well as the hydrometric services.

Art. 31 a. Droit of supervision of the authorities / VIII. VIII water rights registry. Register of water rights the cantons hold a register of water rights and facilities which are interested in the use of the hydraulic forces.
The Department enacts the provisions necessary for the Organization and this record keeping.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 32 B reports of users between them / I. reciprocal Obligations / has. In general b. reports of users between them has I. reciprocal Obligations. In general users may require that, in the regulation of the level and flow of the watercourse, as well as in the exercise of the rights to use, should be taken, as much as possible, the interests of each of them.
The details of the use of water courses, especially the withholding of water and the removal of the transported objects, are regulated by the cantons within acquired rights; However, if interested facilities use the territory of several cantons or water courses affect the national border, the prescriptions are issued by the Department.
If the authority is unable to reconcile the interests of users without affecting acquired rights, it can, on request, restrict the exercise for compensation to be paid by users who are advantaged of this Chief. The decision of the cantonal authority fixing the compensation can be attacked in the last instance before a judicial authority, according to cantonal law.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content of the sentence according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 33 B reports of users between them / I. reciprocal Obligations / b. Contribution mandatory b. mandatory Contribution If of the factory owners benefit durable and important facilities that third parties have established at their expense, they may be required by these third parties to contribute to the costs of construction and maintenance, on condition however that they have actually achieved benefits and that the contribution does not exceed the value of the benefits they realize. It can be a capital or a periodic fee.
The contributions are fixed by the cantonal authority or, in the case of plants interesting several townships, by the Department.
The competent authority may, if the circumstances so require, at any time order the constitution of a partnership of all stakeholders.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 34 B reports of users between them / II. Formation of companies / 1. Volunteer / a. Foundation II. Formation of companies 1. Volunteer a. Foundation users can incorporate cooperative, to establish transit facilities intended to produce or increase the hydraulic force.

Art. 35 B reports of users between them / II. Formation of companies / 1. Volunteer / b. Admission b. Admission all user justifying of its interest has the right to be part of the cooperative society.
Challenges the admission of a member, participation in costs, benefits and, where appropriate, the revision of the statutes, are the cantonal authority or, if the plants are located in different cantons, to the Department.
The other disputes between members are a matter for the ordinary courts.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 36 B reports of users between them / II. Formation of companies / 2. Mandatory / a. Conditions 2. Mandatory Conditions.

If several users have a significant advantage to form a company, the cantonal authority may order the constitution of society. This right belongs to the Department if the usage rights affect the territory of several cantons and that they reach an agreement.
This action will be taken only at the request of the majority of stakeholders, representing most of the force, and provided that common facilities required to any of participants of expenses exceeding its resources.
If a right of use is granted after the incorporation of the company, the authority may oblige the holder to enter into the society by paying an equitable contribution.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 37 B reports of users between them / II. Formation of companies / 2. Mandatory / b. statutes b. statutes the statutes of compulsory companies must be approved by the authority; they are issued by the authority if members can agree.
They must pay the admission requirements, the Organization of society, the participation of its members loads and common benefits, the revision of the statutes and the dissolution of the company.
Any amendment of the statutes must be approved by the authority.
If circumstances change, or for reasons of fairness, the authority may, after hearing the company, review the statutes.
Disputes concerning the obligation to enter society, participation in costs and benefits, the revision of the statutes and the dissolution of the company are decided by the administrative authority. other challenges are the jurisdiction of the ordinary courts.

Chapter III of the concessions of water rights art. 38 A jurisdiction A. jurisdiction concessions of water rights are granted by the competent authority of the canton in the territory of which is the section of streams to use.
If a section of stream borrows the territory of several cantons, water rights are granted by the cantons concerned. If they cannot agree within a reasonable period, the Department granted the concession. He shall rule on disputes that rise between cantons relatively to the extent what holds the concession rights and how to exercise in common.
Finally, the Department gives the rights to water on the sections related to the national border.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 39 B public interest B. public interest in ruling on applications for concession, the authority takes into account the public interest, to the rational use of rivers and existing interests.

Art. 40 C dealer / I. C. dealer I generally. In general the concession is granted to a physical or legal person nominally designated or a community of people.
à  ....

Repealed by chapter I of the Federal ACT of 13 Dec. 1996, with effect from May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 41 C dealer / II. In the case of competition II. In the case of competition in the case of competition, preference is given to the company which best serves the public interest, and if competing companies serve to the same extent, that ensures the best use of the watercourse.

Art. 42 C dealer / III. Transfer III. Transfer the concession may be transferred without the approval of the licensing authority.
Approval may be refused if the recipient meets all the requirements of the concession and if the transfer is not contrary to the public interest.
...

Repealed by no I of the Federal ACT of 13 Dec. 1996, with effect from May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 43 D. right of the dealer / I. Nature D. right of the dealer I. Nature due to the dealership, the dealer acquires the right to use the streams within the Act of concession.
Once granted, the right of use may be removed or restricted except for utilities and for compensation...

Repealed by no 29 of the annex to the Federal ACT of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 44 D. right of the dealer / II. Restriction of the fact of public works II. Restriction of the fact of public works if the use of force is hampered on a permanent basis by public works changing the watercourse, the dealer is entitled to compensation unless he can, without excessive costs, adapt his factory during water changes. The authority that makes the work fixed compensation based on the claim issued by the dealer.
If the construction or operation of a plant are hindered or interrupted temporarily by correction of the water course work, or other work of the police of the waters, the dealer doesn't have right to compensation, unless these works are extended unnecessarily.
...

New content according to section 29 of the annex to the Federal ACT of 4 October. 1991, in effect since Jan. 1. 1994 (RO 1992 288, 1993 877 art. 2 para. 1;) 1991 II 461 FF).
Repealed by no 29 of the annex to the Federal ACT of 4 October. 1991, with effect from Jan 1. 1994 (RO 1992 288, 1993 877 art. 2, para. 1;) 1991 II 461 FF).

Art. 45 D. right of the dealer / III. The third-party relationships / 1. In general III. Reports with third-party 1. In general the concession does not affect the private rights of third parties or the previous concessions.

Art. 46 D. right of the dealer / III. The third-party relationships / 2. Expropriation / a. granting of the right of expropriation 2. Expropriation a. granting of the right of expropriation if reasons of public interest so require, the licensing authority shall give the dealer the right to expropriate property and real rights necessary for the construction, transformation or expansion of sound factory, as well as the usage rights who oppose.
Challenges to the exercise of the right of expropriation shall be decided by the licensing authority, unless it is to expropriate a usage right that it has granted itself; in this case, challenges under the Department.
If buildings necessary for the realization of the work are located in one canton other than the one which granted the concession, the right of expropriation is granted by the Department.
If the concession is granted by the Department, one that requires has the right of expropriation under the Federal law of June 20, 1930, on expropriation (LEx).

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content according to chapter I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 47 d. right to the dealer / III. The third-party relationships / 2. Expropriation / b. law applicable b. applicable law the procedure of expropriation and compensation are governed by the LEx; the contrary provisions laid down in this Act are reserved.

New content according to chapter I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 art. 48 E. Obligations of the dealer / I. Under the concession / 1. In general e. Obligations of the dealer I. Under the concession 1. In general the licensing authority fixed in accordance with cantonal law, benefits and conditions imposed on the concessionaire, such as taxes, annual fee, delivery of water or energy, duration of the concession, electric rates to benefit community participation, right of return and redemption.
All of these benefits must not significantly encumber the use of force.
If benefits strain in an excessive way the use of force, the Department may, after hearing the canton, setting the maximum of the charges of the dealer in addition to the annual fee and taxes. It can book the increase for the cases where the circumstances would significantly alter in the favour of the concessionaire.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 49th. Obligations of the dealer / I. Under the concession / 2. Taxes and annual fee / has. In general 2. Taxes and annual fee's. In general the annual water charge may not exceed 80 francs per kilowatt theoretical until end 2010, 100 francs until late 2014 and 110 francs until the end of 2019. On these amounts, the Confederation can receive more than 1 franc per kilowatt theoretical to ensure the compensatory amounts allocated to the cantons and the communes under art. 22, al. 3-5. If international relations are affected, Confederation ensures that each change of the maximum hydraulic royalty rate is subject to an international agreement.

In time, the federal Council submits to the Federal Assembly a bill setting the maximum rate of the hydraulic fee from January 1, 2020.
Plants subject to a concession and the energy they produce can be charged to special taxes. However, if the cantonal legislation sets a maximum fee lower than the rate allowed by federal regulations, the canton may impose special taxes, as long as the two combined taxes do not exceed this rate.
The concession fee, the annual fee and other services will be not higher energy derived in other cantons for the energy used in the same canton.
Hydro-electric facilities whose power does not exceed 1 megawatt are exempt from the annual water charge. For those whose power ranges from 1 to 2 megawatts, to provide, at most, a linear increase up to the maximum provided for in para. 1. new content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content of the 1 and 2 sentences according to no I 1 of the Federal ACT of June 18, 2010, in force since Jan. 1. 2011 (2010 5061 RO; FF 2009 1019 1045, 2010 321).
Introduced by no I 1 of the Federal ACT of June 18, 2010, in force since Jan. 1. 2011 (2010 5061 RO; FF 2009 1019 1045, 2010 321).

Art. 50 E. Obligations of the dealer / I. Under the concession / 2. Taxes and annual fee / b. Reduction during the period of construction b. Reduction during the construction period during the deadline for construction, it is not perceived royalty.
During the first six years from the end of the construction period, the dealer can require that the annual fee be reduced in proportion to the force actually used, but half or more.

Art. 51 E. Obligations of the dealer / I. Under the concession / 2. Taxes and annual fee / c. calculation of the charge (c) calculation of the power charge that is rule for the calculation of the fee is the average theoretical power of water, based on the drop heights and usable flows.
Usable height is defined by the difference in water levels measured between the water intake and the point of discharge into the public waterways.
Are considered usable flow quantities of water actually debited by the stream, up to a maximum of the maximum throughput that can absorb the facilities provided in the concession.
The federal Council shall issue the necessary detailed provisions.

Art. 52nd. Obligations of the dealer / I. Under the concession / 3. Federal concessions 3. Federal concessions if the concession is granted by the Department, determine, after hearing the cantons and considering fairly their legislation, benefits due to each of them.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 52aE. Obligations of the dealer / I. Under the concession / 4. Fees in the case of federal concessions 4. Fees in the case of federal concessions the Confederation collects fees for surveillance on international hydro-electric facilities and to cover administrative expenses.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 53 E. Obligations of the dealer / II. The Act II. Under the Act the dealer is required to provide to Commons water essential to their public services if they cannot get elsewhere as excessive fees. However the water bypass should not seriously hinder the operation of the plant.
Fire brigade exercises must interfere with the least possible exploitation.

Art. 54F. content of the concession / I. provisions mandatory F. content of the concession I. provisions required any concession must indicate: a. the person of the concessionaire; (b) the scope of the right of use granted, usable flow and the endowment per second, and the mode of use; c. residual flows per second to respect, as well as the place and the recording mode If there are bypass and accumulation; d. other conditions and charges set on the basis of other acts of Parliament; e. the duration of the concession; f. economic benefits imposed on the concessionaire, such as the annual water charge, charge pump storage facilities, the supply of water or electric power and other services who, under special conditions , are the result of the use of water power; g. the retailer participation to maintenance and the correction of the watercourse; h. the time limits for the commencement of the work and commissioning i. any rights of return and redemption; k. the fate of installations at the end of the concession; l. the fate of compensation due to other dealers , at the end of their concession.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 55 f. content of the concession / II. Optional provisions II. Optional provisions in addition to the mandatory provisions, the concessions may contain other requirements, including: a. on the use of water power; b. the justification for capital construction, as well as the accounts of construction and operating; c. on licensing to administration community participation and its share in the profits; d. on tariffs for the sale of energy on the transfer of energy for free or at a reduced price, on the reduction of the price of sale due to financial performance and on the region in energy supply; e....

Repealed by chapter I of the Federal ACT of 13 Dec. 1996, with effect from May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 56 f. content of the concession / III. Accounting III. Accounting when the licensing authority has reserved rights the exercise of which depends on the management of the concessionaire, including the right of redemption, the participation to the benefit, the reduction of prices of sale due to financial performance, the General principles of a good and wise administration will make rule, without specific provisions of the Act of concession.
The licensing authority has the right to examine the management of the dealer, if it establishes that she has an interest.
She has the same right with respect to others, if it is to be presumed that they help to avoid the concession.

Art. 57 f. content of the concession / IV. Normal concession IV. Normal concession the federal Council may establish, within the limits of this Act, provisions, serving as a rule to the licensing authority for the granting of concessions or certain categories of concessions.

Art. 58 G. duration of the concession G. duration of the concession, the duration of the concession is eighty years old at most, from the commissioning of the development. Art. 58, art. 2, remains reserved.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 58aG. renewal of the concession G. renewal of the concession renewal can take place at the expiration of the concession or before that date.
The application for renewal of the existing concession must be made at least fifteen years before this one. The competent authorities decide, at least ten years before expiration, so, in principle, they are ready to grant it.
New residual flow regulations apply without restrictions five years at the latest after the date set for the end of the concession.
The maximum duration of a concession renewed before expiry date is counted from the day of entry into force agreed with the dealer. The latter must take place no later than 25 years after the award of the concession decision.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 59 h. H. registration land register in the land register concessions granted for thirty years at least may be registered in the land registry as a separate and permanent rights.

Art. 60 j. Procedure of concession / i. watercourse cantonal J. Procedure concession i. watercourse cantonal cantonal concession procedure is regulated by the cantons, subject to the following provisions.
Grant requests are subject to a public inquiry; a suitable period during which it may be objected to the granting of the concession, for harming public or private interests.
The publication cannot result in the loss of the rights which have not been declared in due time.
The concession can be granted without a tender. The procedure for granting of concessions must be transparent and non-discriminatory.
The federal Council may enact other provisions of procedure.

Introduced by no I 1 of the Federal ACT of Dec. 23. 2011, in force since July 1, 2012 (RO 2012 3229; FF 2011 2711 3659).

Art. 61 j. Procedure of concession / II. Intercantonaux stream II. Watercourses intercantonaux if the concession are interested in several cantons, each of them will apply its own procedure.

In case of dispute, the Department decides.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 62J. Procedure of concession / III. Federal concessions / 1. Skills III. Federal concessions 1. Skills when he grants the concession, the Department also decides on the approval of plans for the construction or the change of facilities.
The concession procedure is governed by this Act and, subsidiarily, by the LEx.
The concession can be granted without a tender. The procedure for granting of concessions must be transparent and non-discriminatory.
The concession covers all the permissions that are required by federal law.
No permission or no plan under cantonal law are required. Cantonal law is taken into account insofar as it does not disproportionately hinder the accomplishment of the tasks of the dealer.

New content according to chapter I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 introduced by no I 1 of the Federal ACT on Dec. 23. 2011, in force since July 1, 2012 (RO 2012 3229; FF 2011 2711 3659).

Art. 62aJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / a. opening 2. Ordinary procedure a. opening the concession application should be addressed with the required documents to the Agency. It checks if the file is complete, and if necessary, does complete.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 62bJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / b. picket b. picket front setting in the investigation of the application, the applicant must mark the changes required by the proposed work on the ground by a picket, and for buildings by templates,.
The objections raised against the picket or the installation of templates must be sent without delay to the office, but no later than at the expiration of the delay in the investigation.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 62cJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / c. Consultation, publication and updated the survey c. Consultation, publication and updated the investigation the office forwards the request to the cantons concerned and invited them to decide within three months. If the situation warrants, it may exceptionally extend this time.
The application must be published in the official organs of the cantons and the communes concerned and started the survey for 30 days.
Updated the investigation establishes the ban of expropriation referred to in art. 42 to 44 LEx.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 art. 62dJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / d. personal opinion d. personal opinion one who requires the concession address to stakeholders, at the latest during the investigation of the application, a personal notice informing them of the property to be expropriated, pursuant to art. 31 LEx.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 art. 62eJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / e. Opposition e. Opposition anyone a party under the Federal Act of 20 December 1968 on administrative procedure or the LEx can oppose the Agency for the delay in the investigation. Anyone who did not have opposition is excluded from the rest of the procedure.
All objections in terms of expropriation and applications for compensation or reparation in kind must be filed within the same period. Objections and applications filed later under arts. 39 to 41 LEx should be directed to the Agency.
Commons argue their rights by way of opposition.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 172.021 SR 711 art. 62fJ. Procedure of concession / III. Federal concessions / 2. Ordinary procedure / f. Elimination of differences within the administration Federal f. Elimination of differences within the federal administration, the process of elimination of differences within the federal administration is governed by art. 62B of the Federal law of 21 March 1997 on the Organization of Government and administration.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
SR 172.010 art. 62gJ. Procedure of concession / III. Federal concessions / 3. Decision 3. Decision when he grants the concession, the Department also adjudicates oppositions for expropriation.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 62hJ. Procedure of concession / III. Federal concessions / 4. 4 simplified procedure. Simplified procedure, the simplified procedure applies: a. projects that affect a limited space and concern only a limited and well-defined people together; b. the transformation of facilities involved during the validity period of the concession which alter substantially the appearance of the site, are not worthy of protection of third party interests and have only minimal effects on the development of the territory and the environment; c. to facilities that will be removed after three years at the most.

The simplified procedure applies to retail plans developed on the basis of an already approved project.
The Agency may order the picket. The application is published, nor to the investigation. The office submits the draft to stakeholders, who can make opposition within a period of 30 days, unless they previously gave their agreement in writing. The Board may seek the advice of the cantons and communes. He grants them a reasonable time to comment.
In addition, the ordinary procedure for granting of the concession is applicable. In case of doubt, this last is applied.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 62iJ. Procedure of concession / III. Federal concessions / 5. Estimation procedure; sending in early possession 5. Estimation procedure; sending in possession early after closing the granting of the concession procedure, an estimation procedure is open, if necessary, before the Board of estimate, in accordance with the LEx. Only the claims that have been produced are taken into account.
The office shall forward to the president of the Board of estimate approved plans, the expropriation plan, the table of the rights expropriated and the claims that have been produced.
The Chairman of the Board of estimate may authorize sending in possession early when the award of the concession decision is enforceable. The expropriating party is presumed to suffer serious injury if he does not benefit from coming into possession early. Moreover, art. 76 LEx is applicable.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).
RS 711 art. 62kJ. Procedure of concession / III. Federal concessions / 6. Participation of the 6 cantons. Participation of the cantons when construction of facilities, including the excavation of galleries and caves, produced a considerable amount of materials that cannot be recycled or stored near the installation, the cantons shall designate sites needed to eliminate them.
If the canton concerned has not issued authorization or that is not yet entered into force when the Department makes a decision, may designate a site for the intermediate storage of the material and fix the charges and conditions for its use. In such cases the procedural provisions of this Act are applicable. Canton designates sites needed for the elimination of materials within a period of five years.

Introduced by the point I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 63. K end of concession / I. redemption K. end of the concession I. redemption community that has the strength of a watercourse may reserve a right of redemption when the concession is granted.
The redemption may be exercised only once two thirds of the term of the concession have passed; the notification period cannot be less than five years.

Except contrary provisions of the concession and the cantonal law reserved by, in the event, the facilities described in art. 67, al. 1, returning to the community that has the strength, with full compensation.
Art. 67, al. 4, shall apply by analogy.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 64 k. end of concession / II. Extinction II. Extinction the dealership goes out of right: a. by expiration of its term; b. by the express waiver of the dealer.

Art. 65 K. end of the concession / III. Sunset III. Lapse the licensing authority may declare the dealer loses its rights: a. when he does not observe the deadlines set by the concession, in particular for the financial justification, the construction and commissioning, unless that refusal of extension is contrary to equity; b. when he interrupts the operation for two years and does not return it within a reasonable time; c. when , despite the warnings of the authority, it seriously contravenes essential duties.

Art. 66 k. end of concession / IV. Consequences of extinction / 1. In general IV. Consequences of termination 1. In general unless otherwise provided by the dealership, the dealer whose installations cease to be used as a result of the extinction or the lapsing of the concession is required to perform the work required to prevent the dangers arising from the discontinuance.

Art. 67 k. end of concession / IV. Consequences of extinction / 2. As a result of return / a. cantonal streams 2. As a result of return a. watercourse cantonal when a plant is back to the licensing community, has the right, unless otherwise provided in the concession: a. to resume free restraint and water intake facilities, channels supply or leak, hydraulic motors and the buildings that house them, that these works should be established on public property or on the private domain , as well as the ground for the operation of these facilities; b. to resume, with fair compensation, facilities used in the production and transport of energy.

The dealer may request the community to retake the facilities used in the production and transport of energy, if she is able to use them advantageously for the same purpose.
The dealer is obliged to keep in condition to be exploited, the facilities subject to the right of return.
When the installation back to the licensing community, the dealer is compensated investment modernization and expansion, as long as having carried out the modernization or expansion in agreement with the holder of the right of return community. The compensation is more than the residual value of the investment, account of standard depreciation rates in the branch and currency fluctuations.
Community holds the right of return may, with the consent of the dealer, bring the value of the right of return as a participation in the existing business. She can use it in any other way in line with the public interest.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 68 K. end of the concession / IV. Consequences of extinction / 2. As a result of return / b. rivers intercantonaux b. rivers intercantonaux if used sections of water courses use the territory of several cantons, the facilities subject to the right of return become ownership of these cantons. The share of each canton is set in the proportion where it contributes to create the force.
If the cantons cannot agree on the use of the facilities and the share of each of them, the Department shall act (art. 6).

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 69 K. end of the concession / IV. Consequences of extinction / 3. As a result of expiry, lapse or waiver 3. As a result of expiry, lapse or waiver if the concession ends following expiry without return to the community, or as a result of clause or waiver, established on private facilities remain the property of the dealer and facilities based on the public domain become the property of the licensing community. Remain reserved the contrary provisions of the concession.
If facilities based on the public domain continue to be used, the community will pay fair compensation to the dealer.
If the dealer loses its rights as a result of forfeiture or waiver, the community retains the ability to take over the factory under the provisions of the concession on the purchase or return. The exercise of these rights will be taken into account.

Art. 69aK. end of the concession / V. conversion work before the expiry of the concession V. conversion work before the expiry of the concession during the ten years preceding the expiry of the concession, the dealer must, with allowance full answer and undertake all the work of transformation, especially modernization and expansion of the facility, which are prescribed by the authority which grants or who approves the concession , from the perspective of the transmission of landscaping to another operator.

Introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).

Art. 70 l. challenges / I. Between users L. challenges I. Between users disputes between the concessionaire and other users of the same watercourse relatively to the extent of their rights are a matter for the courts.

Art. 71 l. challenges / II. Between the licensing authority and the dealer II. Between the licensing authority and the concessionaire unless otherwise provided by this Act or the Act of concession, the disputes between the concessionaire and the licensing authority about the rights and obligations arising out of the concession are in the first instance of the cantonal judicial authority, in the second instance by the federal court.
If the concession has been granted by several cantons, the federal Council or Department, this makes a decision in case of dispute. This decision is subject to appeal in accordance with the General provisions of the Federal procedure.

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
New content according to section 67 of the annex to the law of 17 June 2005 on the Administrative Tribunal federal, in force since Jan. 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Chapter IV implementing provisions and transitional provisions art. 72 a. Dispositions / I. In general a. implementing provisions I. In general the federal Council is responsible for the application of this Act; it enacts the enforcement measures that are the responsibility of the Confederation.
The provisions of this Act which are not applicable to small hydraulic plants designated by order.
...

Repealed by no 67 of the annex to the Act of 17 June 2005 on the federal administrative court, with effect from Jan 1. 2007 (RO 2006 2197 1069; FF 2001-4000).

Art. 73 A enforcement provisions / II. Commission of economy II waters. Committee of water economy Department appoints a commission to study the issues of General or individual related to the economics of water and to submit notices; the powers and the organisation of this commission are determined by a regulation.

New content according to section II 4 of the annex to the Federal ACT of 22 March 2002 on the adaptation of the provisions of the federal law of organization, in effect since Feb. 1. 2003 (RO 2003 187; FF 2001 3657).

Art. 74 B transitional provisions / I. effect retroactive B. provisions transitional I. retroactive art. 7A, 8, 9, 12 to 16 and chapter II are applicable to all existing water rights.
Are applicable to water rights established prior to October 25, 1908, the provisions of chapter III concerning: public works hampering the operation of a plant (art. 44), the right of expropriation (arts. 46 and 47), the provision of water for public services (art. 53) and challenges (arts. 70 and 71). However if later on that date, an additional force is conceded to the owner of an old factory, the provisions of this Act on the periodic benefits are applicable to extra strength.
...
Art. 49, al. 1 is applicable insofar as it does not affect acquired rights.
Art. 50 is not applicable to the water rights granted between October 25, 1908 and the entry into force of this Act.
...

New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
Repealed by no I of the Federal ACT of 13 Dec. 1996, with effect from May 1, 1997 (RO 1997 991; FF 1995 IV 964).
Introduced by chapter I of the Federal ACT of 8 October. 1976 (RO 1977 171; FF 1975 II 2140). New content according to chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
DISP. Trans. without object.


Art. 75 B transitional provisions / II. The cantons II implementing measures. Implementing measures of the cantons within a time limit which will be set by the federal Council, the cantons édicteront the enforcement provisions which are their responsibility and develop the register of rights to water for their territory.
They will be able to enact these provisions by order.
To see usage rights existing, the cantons will invite, by public summons, rights holders to produce; non-produced rights may be void or presumed such.

Art. 75aB. transitional provisions / III. Transitional provisions relating to the modification of 18 June 1999 III. Transitional provisions relating to the modification of 18 June 1999 the old rules of procedure apply: a. Requests for approval of the plans under consideration for two years or more; b. to requests for building permits under review; c. to permit applications to build related facilities for which a concession has been granted under the old law if these requests are filed in the ten years following the entry into force of the present change; d. at the pending appeals.

Introduced by c. I 6 of the Federal ACT of 18 June 1999 on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 1999 3071; FF 1998 2221).

Art. 76. the federal Council shall set the time of the entry into force of this Act.

Date of entry into force: 1 January 1918 RO 33 191 and SR 4 761 little. short introduced by no I 1 of the Federal ACT of June 18, 2010, in force since Jan. 1. 2011 (2010 5061 RO; FF 2009 1019 1045, 2010 321).
Abbreviation introduced by chapter I of the Federal ACT of 13 Dec. 1996, in force since May 1, 1997 (RO 1997 991; FF 1995 IV 964).
[1 3 RS; 1976 711 RO]. To the art. mentioned are currently the art. 76 and 81 of the CSE. April 18, 1998 (RS 101).
FF 1912 II 815, 1916 III 459 ACF on April 20, 1917 State on July 1, 2012

Related Laws