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RS 721.80 Federal Act of 22 December 1916 on the use of hydraulic forces (Water Power Act, LFH)

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

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721.80

Federal Law on the Use of Water Power

(Water Power Act) 1

(LFH 2 )

On 22 December 1916 (State 1 Er July 2012)

The Swiss Federal Assembly,

Having regard to art. 23 and 24 Bis Federal Constitution 3 ; given the message of the Federal Council of April 19, 1912 4 ,

Decree:

Chapter I Right of disposition

Art. 1 A. High Surveillance of Confederation

A. High Surveillance of Confederation

1 The Confederation exercises high surveillance over the use of hydraulic forces in public or private watercourses.

2 For the purposes of this Act, public water bodies shall be deemed to be rivers, streams and canals over which a private property right is not established and those which, while private property, are assimilated by the cantons in the rivers In relation to the use of force.

Art. 2 B. Provision under public law/I. Cantons' rights/1. Appointing Community

B. Provision under public law

I. Cantons' rights

1. The Appointing Community

1 Cantonal legislation determines the community (township, district, commune or corporation) to which the right to have the force of public water bodies belongs.

2 The provisions of the cantonal law allowing residents to use the force of public watercourses remain in force until they are repealed by the cantons.

Art. 3 B. Provision under public law/I. Cantons' rights/2. Contents of the right of disposition/a. In general

2. Content of the right of disposition

A. In general

1 The community that has the strength of a watercourse may use it itself or may concede its use to third parties.

2 The right of use may be granted to a community in a different form than that of the concession.

Art. 4 B. Provision under public law/I. Cantons' rights/2. Contents of the right of disposition/b. Cantonal Authority Approval

B. Approval of the cantonal authority

1 Districts, communes or corporations that have force may not use or assign it to third parties without the approval of the cantonal authority.

2 Approval is refused if the proposed use is contrary to the public interest or the rational use of the watercourse.

Art. 5 B. Provision under Public Law/II. Rights of the Confederation/1. In general

II. Rights of the Confederation

1. In general

1 The Federal Council shall lay down general provisions to ensure and develop the rational use of hydraulic forces.

2 It may also prescribe specific requirements for a watercourse or a section of specified stream.

3 The Federal Office of Energy 1 (office) has the right to examine whether plant projects ensure, in their overall plan, the rational use of hydraulic forces. 2


1 The designation of the administrative unit has been adapted in accordance with Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ).
2 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 6 B. Provision under Public Law/II. Rights of the Confederation/2. Watercourses located in the territory of several cantons

2. Watercourses located in the territory of several cantons

1 In the case of the development of a section of rivers located in the territory of several cantons or, in a single plant, several sections located in different cantons and the cantons cannot agree, the Department Federal Environment, Transport, Energy and Communication 1 (département) statue, after having heard the cantons. 2

2 It takes fair account of the legislation of the cantons, as well as the advantages and disadvantages that result from the company for each of them.

3 If the modification of the watercourse or the occupation of the land restricted to an excessive extent the establishment of the population of a canton or its means of existence, the département shall not grant the concession without the consent of the canton. 3


1 New name according to the ACF of Dec. 1997 (unpublished).
2 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
3 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 7 1 B. Provision under Public Law/II. Rights of the Confederation/3. International Watercourses

3. International Watercourses

In the case of watercourse sections on the national border, it shall be the responsibility of the département, after having heard the cantons concerned, to establish the rights of use or to authorize the community which has the rights to use them Itself.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 7 A 1 B. Provision under Public Law/II. Rights of the Confederation/3 Bis . Deduction basins

3 Bis . Deduction basins

1 In order to fulfil the obligations under international law of the Confederation, the department may, after consulting the cantons and interested parties, make arrangements with regard to the operation of holding tanks.

2 If these measures affect the acquired rights, the compensation provided for in s. 43, para. 2, is the responsibility of the public authority holding the right to dispose.


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 8 B. Provision under Public Law/II. Rights of the Confederation/4. Water or energy export

4. Water or energy export

1 Water or energy generated by the hydraulic force cannot be derived outside Canada without the authorization of the department. 1

2 The authorisation shall be refused if the export is contrary to the public interest and if it is to be expected that water or energy will be suitable for use in Switzerland in the time for which the authorisation is requested.

3 The authorisation shall be granted for a fixed term and under the conditions laid down by the département; it may be revoked at any time, for compensation, for reasons of public interest. If the allowance is not fixed by the act of authorization, it shall be determined in equity. 2


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. B. Provision under Public Law/II. Rights of the Confederation/5. Derivation from one canton to another

5. Derivation from one canton to another

1 The derivation of electrical energy from one canton to another may be restricted only to the extent that the public interest of the canton justifies it.

2 The department shall act in case of dispute. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 10 B. Provision under Public Law/II. Rights of the Confederation/6. Contracts Limiting Distribution Areas

6. Contracts restricting distribution areas

1 The mills that sell electrical energy are required to submit to the department, at its request, the conventions by which they prohibit the sale of energy in a specified area. The department may order the amendment if they are contrary to the public interest. 1

2 The provisions of this Article shall apply mutatis mutandis to intermediaries.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 11 B. Provision under Public Law/II. Rights of the Confederation/7. Unused watercourses

7. Unused waterways

1 If, in spite of fair offers of use, and without just cause, the district, the municipality or the corporation shall, for an extended period, refuse to use or allow the use of the force of a public water course available to them, the Cantonal government may, on behalf of the person entitled, grant the use.

2 The parties may make use of the department within thirty days. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 12 B. Provision under Public Law/II. Rights of the Confederation/8. Hydraulic forces necessary for Confederation/a. Law of Confederation

8. Hydraulic forces necessary for Confederation

A. The Law of Confederation

1 Confederation may require the strength of a public watercourse for its transportation and communications companies. 1

1bis It takes into account the needs and opportunities for the development of the cantons from which the waters come from, in particular their interests in the use of the hydraulic force. 2

2 If a section of water is already in use, the Confederation may acquire the right of use and the facilities, either by expropriating the plant or by using the right of redemption or return.

3 If it does not have the immediate use of force, it may temporarily transfer its use to third parties.


1 New content according to the c. I of the PMQ of 21 June 1985, in force since 1 Er Jan 1986 (RO) 1985 1839; FF 1984 III 1445).
2 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 13 B. Provision under Public Law/II. Rights of the Confederation/8. Hydraulic forces necessary for Confederation/b. Community Allowance

B. Community Allowance

1 If the Confederation requires an unused force from a community, it must compensate it for the loss of the concession fee and the annual fee.

2 If the section is already in use, the Confederation must compensate the community for the loss suffered, including the loss of the annual fee, and, if the circumstances warrant, the loss of the right of repurchase or return.

3 If the township collected, at the time of the assignment, the special tax under s. 49, para. 3, it must also be compensated for that loss.

4 ... 1


1 Repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 14 B. Provision under Public Law/II. Rights of the Confederation/8. Hydraulic forces necessary for Confederation/c. Compensation for loss of taxes

C. Compensation for loss of taxes

1 As compensation for the loss of cantonal, communal and other taxes, the Confederation pays to the cantons on whose territory it requires hydraulic forces an allowance of 11 francs per year and per theoretical kilowatt installed. 1

1bis L' al. 1 is also applicable when the Confederation uses hydraulic power under a concession or other legal title. 2

1ter The compensation for the loss of taxes must not exceed the amount of the taxes which should be paid in the case of the use of the hydraulic power by an anonymous company operating a partner plant. 3

2 If the sections of water used are located in the territory of several cantons, the share of each is fixed in the proportion where it contributes to the creation of force.

3 It is the responsibility of the canton to pay all or part of the allowance to municipalities, districts or other communities suffering from a loss of taxes.

4 ... 4


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 Introduced by ch. I of the LQ of 21 Dec. 1967, effective from 1 Er July 1968 (RO 1968 841; FF 1967 I 1037).
3 Introduced by ch. I of the LQ of 21 Dec. 1967, effective from 1 Er July 1968 (RO 1968 841; FF 1967 I 1037).
4 Repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 15 B. Provision under Public Law/II. Rights of the Confederation/9. Water course regulation/a. Running jobs

9. Regularization of watercourses

A. Running Jobs

1 In the interest of better use of the hydraulic and navigation forces, the Confederation may, after having heard the interested cantons, declare the regulation of the level and the flow of the lakes, as well as the creation Accumulation ponds. If the occupation of the land restricted to an excessive extent the establishment of the population or its means of existence, the consent of the canton is necessary.

2 The Federal Assembly shall decide on the execution of the work and on the distribution of costs between the Confederation and the cantons.

3 If several cantons are interested, the costs shall be allocated in proportion to their interest.

4 Interested municipalities, corporations and individuals may be called by the cantonal authority to participate in the costs of the work, in proportion to the benefits they derive from it. ... 1


1 Phrase repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 16 B. Provision under Public Law/II. Rights of the Confederation/9. Regularization of watercourses/b. Dam Regulations

B. Dam Regulations

Confederation has the right to regulate the flow of lakes and pools created with its participation.

Art. 17 C. Provision under private law/I. General

C. Provision under private law

I. General

1 The use of private watercourses, or the use of public watercourses pursuant to a private right of residents (art. 2, para. 2) shall be subject to the authorisation of the canton.

2 The cantonal authority shall ensure that the federal and cantonal rules on the water police are complied with and that the existing rights of use are not infringed.

3 Art. 5, 7 A , 8 and 11 and chap. II shall apply mutatis mutandis. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 18 C. Provision under private law/II. Imposition of Plants

II. Imposition of Plants

If the township collects a special tax on energy produced by factories established under private law, this tax should not encumber factories more heavily than the levy under s. 49 does not strike the mills.

Art. 19 1 C. Provision under private law/III. Expropriation of the entitled person

III. Expropriation of the entitled person

1 If a company in the public interest needs a force that belongs to the residents under a private law (art. 17) and that it does not obtain from the canton the expropriation of the force and of the land and the real rights necessary, the department may grant it. Expropriation is governed in this case by federal law.

2 When Confederation expropriated itself, federal law and art. 12, para. 1 Bis , are still applicable.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. C. Provision under Private Law/IV. Compensation for loss of taxes

IV. Compensation for loss of taxes

1 When the Confederation acquires the force of a public watercourse for use by residents under private law (art. 2, para. 2), it damages the canton of the loss of the special tax on electrical energy to which it was entitled under its legislation (Art. 18).

2 The Confederation must also pay the canton, as compensation for the loss of cantonal, communal and other taxes, an allowance of 11 francs per year and per theoretical kilowatt installed; art. 14 shall apply mutatis mutandis. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Chapter II Use of watercourses

Art. A. Right of Supervisory Authorities/I. Water Police

A. Right of Supervisory Authorities

I. Water Police

1 Hydraulic plants shall be established in accordance with federal and cantonal water policy requirements.

2 Prior to the commencement of the work, mill plans are subject to a public inquiry with a reasonable opposition period.

3 On water courses fixed with federal subsidies, plant establishment is subject to the authorization of the department. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. A. Authority to supervise authorities/II. Site Protection

II. Site Protection

1 The beauty of the sites must be spared. It must be kept intact if required by a major public interest.

2 Factories should not disrepair or minimize the landscape.

3 The Confederation allocates compensatory amounts to the communities concerned in order to compensate for the shortfall resulting from a considerable restriction on the use of hydraulic forces as a result of the safeguard and Protection of sites of national importance worthy of protection. 1

4 ... 2

5 The Federal Council shall lay down the details of the compensation. 3


1 Introduced by Art. 75 hp. 6 of the PMQ of 24 January 1991 on the protection of water, in force since 1 Er Nov 1992 (RO 1992 1860; FF 1987 II 1081).
2 Introduced by Art. 75 hp. 6 of the PMQ of 24 January 1991 on the protection of water (RO 1992 1860; FF 1987 II 1081). Repealed by c. II 15 of the 6 Oct LF. 2006 on the reform of the financial equalization and division of labour between the Confederation and the cantons (RPT), with effect from 1 Er Jan 2008 (RO) 2007 5779; FF 2005 5641 ).
3 Introduced by Art. 75 hp. 6 of the PMQ of 24 January 1991 on the protection of water, in force since 1 Er Nov 1992 (RO 1992 1860; FF 1987 II 1081).

Art. A. Authority to supervise authorities/III. Fishing

III. Fishing

The plants are required to establish the facilities necessary for the protection of the fish, to improve them, if the need arises, and to take any other measures to that effect.

Art. 24 1 A. Authority to supervise authorities/IV. Navigation Protection/1. Navigable Waterstream Sections

IV. Navigation Protection

1. Navigable Waterstream Sections

1 The Rhine downstream of Rheinfelden, including the main port sites of Birsfelden, Birsfelden-Au, Basle-St. Johann and Basel-Kleinhüningen, is navigable within the meaning of this Law.

2 The possibility of developing the following watercourse sections for navigation, including the main harbour sites, is reserved for:

A.
For the Rhine, from its confluence with the Aare to Rheinfelden;
B.
For the Rhône, from Lake Geneva to the national border.

3 For the rest, the cantons determine, in accordance with the legislation on inland navigation, the extent to which the waters are open to navigation and which facilities they affect or authorise for that purpose.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 25 1 A. Authority to supervise authorities/IV. Protection of navigation/2. Planning for the protection of the route of inland waterways

2. Planning for the Protection of the Waterway Plot

With a view to developing, for navigation, the watercourses cited in art. 24, para. 2, the Confederation established a sectoral plan in accordance with the Federal Law of 22 June 1979 on land use planning 2 The Cantonal Management Plans shall take this into account in accordance with the aforementioned Law.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 RS 700

Art. 26 1 A. Authority to supervise authorities/IV. Protection of navigation/3. Arrangements for navigation in the vicinity of hydraulic plants

3. Arrangements for navigation in the vicinity of hydraulic plants

1 Hydraulic plants located on the waterways referred to in s. 24, para. 1 and 2 shall be designed in such a way as to preserve the present navigation and allow its extension, or to permit the further development of these watercourses for navigation. In particular, they must reserve the necessary space for the construction of facilities for large navigation.

2 The Permittee shall be required to provide the quantity of water required for the operation of the locks. If this obligation restricts the use beyond what is fixed in the concession, the restriction must be offset by compensation. If the parties fail to reach agreement, the concession must be limited by an expropriation proportionate to the obligation of the holder.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 27 1 A. Authority to supervise authorities/IV. Protection of navigation/4. Decision to develop waterways

4. Decision to develop inland waterways

1 Development of the watercourse sections referred to in s. 24, para. 2, for navigation must be the subject of a Federal Order subject to the optional referendum.

2 No international treaty on this matter can be approved before the entry into force of the Federal Order.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 28 A. Right of Supervisory Authorities/V. Flotation

V. Flotation

1 The person who constructs a plant is required to establish and serve the facilities required for the flotation, if the resulting costs are commensurate with the importance of the flotation.

2 The owner of an existing plant may not be required to construct and serve the flotation facilities on an equitable basis. ... 1


1 Phrase repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 1 A. Authority to supervise authorities/VI. Hydrometric/1. Collect baseline data

VI. Hydrometry

1. Basic data collection

1 The Confederation and the Cantons shall have the right to carry out hydrometric readings in private and public rivers and to carry out the work necessary for this purpose, in particular to install stations of measures. If necessary, they may acquire the rights and lands necessary for the expropriation. The cantons may expropriate under federal law.

2 Owners of hydro-electric developments and facilities to regulate the level and flow of lakes may be required to measure levels and flows within the facility. They shall carry out these statements in accordance with the guidelines of the Confederation and shall communicate the results to it.

3 The Confederation may carry out the statements provided for in para. 2 in agreement with the installation holder. If they are necessary because of the installation, the holder will bear the costs; failing that, the costs are borne by the public community that ordered them.

4 Statements provided for in the Federal Act of January 24, 1991 2 On the protection of water remains reserved.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 RS 814.20

Art. A 1 A. Authority to supervise authorities/VI. Hydrometry/2. Statistics and Research

2. Statistics and Research

1 The Confederation shall establish, in cooperation with the cantons, the statistics necessary for the implementation of this Law. In particular, it draws up tables on all existing waterpower developments as well as on all water withdrawals and refunds.

2 She conducts research:

A.
To carry out his duties in the field of the use of watercourses;
B.
To encourage the rational use of hydraulic power;
C.
To encourage the modernization of existing facilities.

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


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. A. Authority to supervise authorities/VII. Right of access by the authorities

VII. Right of access by the authorities

The plants and residents are required to grant free access to their facilities to the cantonal and federal civil servants who provide water, fishing and navigation services, as well as the hydrometric service.

Art. A. Authority to supervise authorities/VIII. Water Rights Registry

VIII. Water Rights Registry

1 The cantons maintain a register of water rights and installations that are of interest to the use of hydraulic forces.

2 The Department shall lay down the provisions necessary for the organisation and maintenance of this register. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 32 B. User relations between them/I. Reciprocal obligations/a. In general

B. User reports to each other

I. Mutual obligations

A. In general

1 Users may require that, in the regulation of the level and flow of the watercourse, and in the exercise of rights of use, account shall be taken, as far as possible, of the interests of each of them.

2 The details of the use of the watercourses, especially the impoundment of the waters and the removal of the objects charted, shall be settled by the cantons within the limits of the acquired rights; however, if the installations concerned take the territory of Several cantons or if rivers affect the national border, the prescriptions are laid down by the department. 1

3 If the authority fails to reconcile the interests of the users without any vested rights, it may, upon request, restrict the exercise by means of compensation to be paid by the users who benefit from that leader. The decision of the cantonal authority fixing the compensation may be challenged in the last instance before a judicial authority, according to the cantonal law. 2


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New wording of the sentence as per c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 33 B. User relations between them/I. Reciprocal obligations/b. Mandatory Contribution

B. Mandatory Contribution

1 If plants remove a sustainable and significant profit from the facilities that third parties have established at their own expense, they may be required by those third parties to contribute to the costs of construction and maintenance, provided that they benefit In fact the benefits obtained and the contribution does not exceed the value of the profits they realize. It may consist of a capital or a periodic fee.

2 Contributions shall be fixed by the cantonal authority or, in the case of factories of interest to several cantons, by the département. 1

3 The competent authority may, if the circumstances so require, order the formation of a society of all those concerned at all times.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 34 B. User relations between them/II. Formation of Companies/1. Voluntary/a. Foundation

II. Formation of companies

1. Voluntary

A. Foundation

Users may establish themselves in a cooperative society, in order to establish in common facilities intended to produce or increase the hydraulic force.

Art. 35 B. User relations between them/II. Formation of Companies/1. Voluntary/b. Admission

B. Admission

1 Any user who justifies his or her interest has the right to be a member of the cooperative society.

2 Challenges relating to the admission of a member, his participation in the expenses, the benefits and, where appropriate, the revision of the statutes, shall be the responsibility of the cantonal authority or, if the plants are located in different cantons, Department. 1

3 Other disputes between members are a matter for ordinary courts.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 36 B. User relations between them/II. Company training/2. Mandatory/a. Conditions

2. Mandatory

A. Conditions

1 If several users have a significant advantage in forming a company, the cantonal authority may order the formation of the company. This right belongs to the department if the rights of use are of interest to the territory of several cantons and the latter cannot agree. 1

2 This measure will only be taken at the request of the majority of the persons concerned, representing the majority of the force, and provided that the common facilities do not impose any charges on any of the participants in excess of its resources.

3 If a right of use is granted after the establishment of the company, the authority may require the holder to enter the company by paying a fair contribution.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. B. User relations between them/II. Company training/2. Mandatory/b. Statuses

B. Statutes

1 The statutes of compulsory societies must be approved by the authorities; they are enacted by the authority if the members cannot agree.

2 They must settle the conditions of admission, the organisation of the company, the participation of its members in the common expenses and benefits, the revision of the statutes and the dissolution of the company.

3 Any amendment to the articles must be approved by the authority.

4 If circumstances change, or if there are grounds for fairness, the authority may, after hearing the corporation, review the articles.

5 Disputes concerning the obligation to enter the company, the participation in the expenses and benefits, the revision of the articles and the dissolution of the company shall be decided by the administrative authority; the other challenges shall be The ordinary courts.

Chapter III Water Rights Concessions

Art. 38 A. Jurisdiction

A. Jurisdiction

1 Water rights concessions shall be granted by the competent authority of the canton in whose territory the section of watercourses to be used is located.

2 If a section of water takes the territory of several cantons, the water rights shall be granted by the interested cantons. If they cannot agree within a reasonable period of time, the department shall grant the concession. It also rules on disputes between cantons in relation to the extent of the rights reserved for them and the way in which they can be exercised in common. 1

3 Finally, the Department grants water rights to sections on the national border. 2


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 39 B. Public interest

B. Public interest

In deciding on grant applications, the authority shall take into account the public interest, the rational use of the watercourse and the existing interests.

Art. 40 C. Transferee/I. In general

C. Transferee

I. In general

1 The grant is granted to a nominally designated natural or legal person or a community of persons.

2 To 4 ... 1 .


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

Art. C. Consignee/II. In case of competition

II. In case of competition

In the event of competition, preference is given to the company that best serves the public interest, and, if the competing companies serve it to the same extent, to the one who ensures the best use of the watercourse.

Art. C. Transferee/III. Transfer

III. Transfer

1 The grant may not be transferred without the approval of the granting authority.

2 The approval cannot be refused if the purchaser meets all the requirements of the grant and the transfer is not contrary to the public interest.

3 ... 1


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

Art. 43 D. Dealer's law/I. Nature

D. Right of the concessionaire

Nature

1 As a result of the concession, the concessionaire shall acquire within the limits of the grant instrument the right to use the watercourse.

2 Once granted, the right of use cannot be withdrawn or restricted except for reasons of public utility and compensation

3 ... 1


1 Repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 44 D. Dealer's law/II. Restriction of public works

II. Restriction of public works

1 If the use of force is permanently obstructed by public works modifying the watercourse, the concessionaire shall be entitled to compensation unless it can, at no excessive cost, adapt its plant to the modified watercourse. The authority that carries out the work sets the compensation on the basis of the claim made by the concessionaire. 1

2 If the construction or operation of a plant is temporarily obstructed or interrupted by the remedial work of the watercourse, or by other work of the water police, the concessionaire shall not be entitled to any compensation, unless Work is not extended without necessity.

3 ... 2


1 New content according to the c. 29 of the annex to the PMQ of 4 Oct. 1991, in force since 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2. 1; FF 1991 II 461).
2 Repealed by c. 29 of the annex to the PMQ of 4 Oct. 1991, with effect from 1 Er Jan 1994 (RO) 1992 288, 1993 877 art. 2, para. 1; FF 1991 II 461).

Art. 45 D. Dealer's law/III. Relation to Third Parties/1. In general

III. Reports with third parties

1. In general

The concession does not affect the private rights of third parties or previous concessions.

Art. D. Dealer's law/III. Relation to third parties/2. Expropriation/a. Grant of the Right of Expropriation

2. Expropriation

A. Grant of the right of expropriation

1 Where grounds of public utility so require, the granting authority shall grant the concessionaire the right to expropriate the land and the real rights necessary for the construction, processing or expansion of its plant, as well as The rights of use that are opposed to it.

2 Disputes relating to the exercise of the right of expropriation shall be decided by the granting authority, unless it is a matter of expropriating a right of use which it has granted itself; in this case, disputes are the responsibility of the Department. 1

3 If any buildings necessary to carry out the work are situated in a canton other than that which granted the concession, the right of expropriation shall be granted by the département. 2

4 If the concession is granted by the department, the one who requires it has the right of expropriation under the Federal Law of 20 June 1930 on Expropriation (LEx) 3 . 4


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New content according to the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
3 RS 711
4 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).

Art. 1 D. Dealer's law/III. Relation to third parties/2. Expropriation/b. Applicable law

B. Applicable law

The expropriation procedure and compensation are governed by the LEx 2 ; the contrary provisions laid down in this Law shall be reserved.


1 New content according to the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 711

Art. 48 E. Obligations of the concessionaire/I. Under concession/1. In general

E. Obligations of the concessionaire

I. Under the concession

1. In general

1 The granting authority shall fix, in accordance with the cantonal law, the benefits and conditions imposed on the concessionaire, such as taxes, annual fee, water or energy supply, duration of the concession, electrical tariff standards, Community participation in the benefit, right of return and redemption.

2 All of these benefits must not significantly affect the use of force.

3 If the benefits overburden the use of force, the department may, after having heard the canton, fix the maximum of the expenses of the concessionaire in addition to the annual fee and the fees. 1 It may reserve the increase in case the circumstances change substantially in favour of the concessionaire.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 1 E. Obligations of the concessionaire/I. Under the concession/2. Fees and annual fee/a. In general

2. Annual fees and charges

A. In general

1 The annual water charge shall not exceed 80 francs per theoretical kilowatt until the end of 2010, 100 francs up to the end of 2014 and 110 francs until the end of 2019. On these amounts, the Confederation may collect at most 1 franc per theoretical kilowatt in order to ensure the compensatory amounts allocated to the cantons and municipalities under Art. 22, para. 3 to 5. 2 If the international reports are affected, the Confederation shall ensure that each change in the maximum rate of the hydraulic charge is the subject of an international agreement.

1bis In due course, the Federal Council shall submit to the Federal Assembly a draft instrument setting the maximum rate of the applicable hydraulic charge from 1 Er January 2020. 3

2 The plants that are the subject of a concession and the energy they produce cannot be subject to special taxes. However, if the cantonal legislation sets a maximum royalty lower than the rate allowed by the federal requirements, the canton may levy a special tax, provided that the two taxes combined do not exceed that rate.

3 The concession fee, the annual fee and the other benefits will not be higher for the derived energy in other cantons than for the energy used in the canton itself.

4 Hydro-electric developments that do not exceed 1 megawatt are exempt from the annual hydraulic charge. For those with power ranging from 1 to 2 megawatts, at most, a linear increase up to the maximum predicted in para. 1.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New Content of 1 Re And 2 E Sentences according to c. I 1 of the PMQ of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5061 ; FF 2009 1019 1045, 2010 321).
3 Introduced by ch. I 1 of the PMQ of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5061 ; FF 2009 1019 1045, 2010 321).

Art. 50 E. Obligations of the concessionaire/I. Under the concession/2. Fees and annual fee/b. Reduction during the construction period

B. Reduction during the construction period

1 During the time limit for construction, a royalty is not collected.

2 During the first six years from the expiry of the construction period, the concessionaire may require that the annual fee be reduced in proportion to the force actually used, but not more than half.

Art. E. Obligations of the concessionaire/I. Under the concession/2. Fees and annual fee/c. Royalty Calculation

C. Calculation of the fee

1 The power that is the rule for the calculation of the charge is the average theoretical power of the water, calculated on the basis of the drop heights and the usable flows.

2 The usable drop height is defined by the difference in water levels measured between the intake and the discharge point in the public stream.

3 The quantity of water actually debited by the watercourse shall be considered as debits, up to the maximum rate that may be absorbed by the facilities provided for in the concession.

4 The Federal Council shall issue the necessary details.

Art. 1 E. Dealer's obligations/I. Under concession/3. Federal Concessions

3. Federal Concessions

If the concession is granted by the département, the department shall fix, after having heard the cantons and by taking fair account of their legislation, the benefits payable to each of them.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. A 1 E. Dealer's obligations/I. Under concession/4. Fees in the case of federal concessions

4. Fees in the case of federal concessions

The Confederation collects fees for supervision of international hydro-electric developments and for the coverage of administrative expenditure.


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. E. Dealer's obligations/II. Under the law

II. Under the law

1 The concessionaire shall be required to provide the municipalities with the necessary water for their public services if they are unable to obtain water from them elsewhere than at excessive costs. However, the diversion of water should not seriously hamper the operation of the plant.

2 Fire-fire drills should interfere with operations as little as possible.

Art. 1 F. Teneur of concession/I. Mandatory provisions

F. Teneur of the concession

I. Mandatory provisions

Any concession must indicate:

A.
The person of the concessionaire;
B.
The extent of the right of use granted, the usable flow rate and the rate of use per second, as well as the mode of use;
C.
The residual flows per second to be observed, as well as the location and mode of registration, if diversion and accumulation;
D.
Other conditions and charges established on the basis of other federal legislation;
E.
The duration of the concession;
F.
The economic benefits imposed on the concessionaire, such as the annual hydraulic licence fee, the charge on power-turbinage arrangements, the supply of water or electric power and all other benefits which, by virtue of Special requirements, result from the use of the hydraulic force;
G.
The concessionaire's participation in the maintenance and correction of the watercourse;
H.
The time limits set for commencement of work and commissioning;
I.
Potential return and repurchase rights;
K.
The fate of the facilities at the end of the lease;
L.
The fate of the compensatory payments due to other dealers at the end of their concession.

1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. F. Teneur of the concession/II. Optional provisions

II. Optional provisions

In addition to the mandatory provisions, concessions may contain other requirements, including:

A.
On the use of hydraulic power;
B.
The justification for construction capital, as well as construction and operating accounts;
C.
The participation of the licensor community in the administration and its share of profits;
D.
On tariffs for the sale of energy, on the sale of energy for free or at reduced prices, on the reduction of selling prices because of the financial performance and on the supply of an energy region;
E.
... 1

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

Art. 56 F. Teneur of the concession/III. Accounting

III. Accounting

1 Where the granting authority has reserved rights for which the exercise depends on the management of the concessionaire, in particular the right of redemption, participation in profit, reduction of selling prices due to financial performance, principles In the absence of specific provisions of the deed of tenure, a good and wise administration will be the rule.

2 The granting authority shall have the right to examine the management of the concessionaire, if it determines that it has an interest therein.

3 It has the same right to third parties, if it is to assume that they are helping to evade the concession.

Art. 57 F. Teneur of the concession/IV. Normal Concession

IV. Normal Concession

The Federal Council may establish, within the limits of this Law, model provisions, serving as a rule to the granting authority for the granting of concessions or certain categories of concessions.

Art. 1 G. Duration of tenure

G. Duration of tenure

The duration of the concession shall be no more than eighty years, as from the commissioning of the development. Art. 58 A , para. 2, remains reserved.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. A 1 G Bis . Renewal of the concession

G Bis . Renewal of the concession

1 Renewal may take place on or before the expiration of the concession.

2 The application for renewal of the existing lease shall be submitted at least fifteen years before the expiry of the existing grant. The competent authorities shall decide, at least ten years before the expiry, whether, in principle, they are ready to grant it.

3 The new residual flow requirements shall apply without restrictions no later than five years after the date fixed for the expiration of the concession.

4 The maximum duration of a renewed concession before its maturity shall be counted from the date of entry into force agreed with the concessionaire. The latter must take place no later than 25 years after the decision to grant the concession.


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. H. Registration in the Land Registry

H. Registration in the Land Registry

Concessions granted for at least 30 years may be registered in the Land Register as separate and permanent rights.

Art. 60 J. Licensing Procedure/I. Cantonal Watercourses

J. Licensing procedure

I. Cantonal water courses

1 The procedure for the granting of cantonal concessions shall be settled by the cantons, subject to the following provisions.

2 Requests for concessions shall be subject to a public inquiry; a suitable time limit shall be established, during which it may be objected to the grant of the concession, in order to infringe public or private interests.

3 Publication cannot result in the loss of rights that would not have been reported in a timely manner.

3bis The concession may be granted without a call for tenders. The procedure for granting concessions must be transparent and non-discriminatory. 1

4 The Federal Council may issue further procedural provisions.


1 Introduced by ch. I 1 of the LF of 23 Dec. 2011, effective from 1 Er July 2012 ( RO 2012 3229 ; FF 2011 2711 3659).

Art. 61 J. Licensing procedure/II. Intercantonal water courses

II. Intercantonal water courses

1 If the concession is of interest to several cantons, each of them will apply its own procedure.

2 In case of dispute, the department shall act. 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

S. 62 1 J. Licensing procedure/III. Federal Concessions/1. Skills

III. Federal Concessions

1. Skills

1 When granting the concession, the department shall also decide on the approval of the plans necessary for the construction or modification of the facilities.

2 The grant procedure shall be governed by this Law and, in the alternative, by the LEx 2 .

2bis The concession may be granted without a call for tenders. The procedure for granting concessions must be transparent and non-discriminatory. 3

3 The concession covers all the authorizations required by federal law.

4 No authorisation or plans under the cantonal law are required. The cantonal law shall be taken into account in so far as it does not disproportionately interfere with the performance of the duties of the concessionaire.


1 New content according to the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 711
3 Introduced by ch. I 1 of the LF of 23 Dec. 2011, effective from 1 Er July 2012 ( RO 2012 3229 ; FF 2011 2711 3659).

S. 62 A 1 J. Licensing procedure/III. Federal Concessions/2. Ordinary Procedure/a. Opening

2. Ordinary procedure

A. Opening

The request for a grant must be sent with the documents required by the Office. The latter verifies that the file is complete and, if necessary, complements it.


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

S. 62 B 1 J. Licensing procedure/III. Federal Concessions/2. Ordinary Procedure/b. Picket

B. Pketing

1 Prior to the investigation of the application, the applicant must mark in the field with a picketing, and for buildings with templates, the modifications required by the proposed structure.

2 Objections against picket lines or templates should be sent without delay to the Office, but no later than the expiry of the time limit for the investigation.


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

S. 62 C 1 J. Licensing procedure/III. Federal Concessions/2. Ordinary Procedure/c. Consultation, publication and investigation

C. Consultation, publication and investigation

1 The Office shall forward the request to the cantons concerned and invite them to take a decision within three months. If the situation warrants it, it may exceptionally extend the time limit.

2 The application shall be published in the official bodies of the cantons and municipalities concerned and shall be investigated for 30 days.

3 The investigation instituted the expropriation ban as referred to in s. 42 to 44 LEx 2 .


1 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 711

S. 62 D 1 J. Licensing procedure/III. Federal Concessions/2. Ordinary Procedure/d. Personal notice

D. Personal opinion

The person who requests the concession address to the persons concerned, at the latest when the application is being investigated, a personal opinion informing them of the rights to be expropriated, in accordance with Art. 31 LEx 2 .


1 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 711

S. 62 E 1 J. Licensing procedure/III. Federal dispositions/2. Common procedure/e. Opposition

E. Opposition

1 Everyone who is a party under the Federal Act of 20 December 1968 on the administrative procedure 2 Or LEx 3 May object to the Office during the period of time for the investigation. Any person who has not objected shall be excluded from the proceedings.

2 All objections to expropriation and all claims for compensation or compensation in kind must be filed within the same time limit. Objections and subsequent applications filed under s. 39 to 41 LEx should be addressed to the Office.

3 The communes assert their rights by way of opposition.


1 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 172.021
3 RS 711

S. 62 F 1 J. Licensing procedure/III. Federal Concessions/2. Ordinary Procedure/f. Eliminating divergences within the federal government

F. Elimination of divergences within the federal government

The procedure for eliminating discrepancies within the federal government is governed by s. 62 B The Federal Act of 21 March 1997 on the organization of government and administration 2 .


1 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 172.010

S. 62 G 1 J. Licensing procedure/III. Federal Concessions/3. Decision

3. Decision

When granting the concession, the department shall also rule on objections to expropriation.


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

S. 62 H 1 J. Licensing procedure/III. Federal Concessions/4. Simplified procedure

4. Simplified procedure

1 The simplified procedure applies:

A.
Projects that affect a limited space and relate only to a small and well-defined set of people;
B.
The alterations of installations intervening during the period of validity of the concession which do not appreciably alter the outward appearance of the site, do not affect the interests worthy of protection of third parties and have only minimal effects on Land use and the environment;
C.
Facilities that will be dismantled after three years at most.

2 The simplified procedure applies to detailed plans drawn up on the basis of an already approved project.

3 The Office may order the picketing. The application is neither published nor investigated. The Office submits the project to the interested parties, who may object within 30 days, unless they have previously agreed in writing. The Office may seek the views of the cantons and municipalities. It gives them a reasonable period of time to decide.

4 Moreover, the ordinary procedure for granting the concession is applicable. In case of doubt, the latter is applied.


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

S. 62 I 1 J. Licensing procedure/III. Federal Concessions/5. Estimated Procedure; Pre-Possession

5. Estimated Procedure; Pre-Possession

1 After the concession procedure has been closed, an estimation procedure shall be opened, if necessary, before the Committee of Estimate, in accordance with the LEx 2 . Only the claims that have been filed are taken into consideration.

2 The Office shall transmit to the Chairman of the Committee of Estimation the approved plans, the plan of expropriation, the table of expropriated rights and the claims which have been filed.

3 The Chairman of the Basis of Estimate may authorize the sending in early possession where the decision to grant the grant is enforceable. The expropriating property is presumed to be seriously prejudiced if it does not benefit from the early possession. In addition, s. 76 LEx is applicable.


1 Introduced by the c. I 6 of the LF of 18 June 1999 on the coordination and simplification of the decision-making procedures, in force since 1 Er March 2000 ( RO 1999 3071 ; FF 1998 2221 ).
2 RS 711

S. 62 K 1 J. Licensing procedure/III. Federal Concessions/6. Participation of the cantons

6. Participation of the cantons

1 Where the construction of installations, such as the excavation of tunnels and caves, produces a considerable amount of material which cannot be recycled or stored near the facility, the cantons concerned shall designate the Sites required for disposal.

2 If the canton concerned has not issued an authorisation or has not yet entered into force when the department makes its decision, the latter may designate a site for the intermediate storage of the materials and fix the charges and Conditions necessary for its use. In such cases, the provisions of this Law relating to the procedure shall apply. The Township designates the sites required for the disposal of the materials within five years.


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

S. 63 1 K. End of concession/I. Rachat

K. End of the concession

I. Buy

1 The community that has the strength of a watercourse can reserve a right of purchase when granting the concession.

2 The redemption may be exercised only once two-thirds of the term of the concession has elapsed; the period of notification may not be less than five years.

3 Except as otherwise provided in the concession and the cantonal law reserved by the latter, in the case of redemption, the installations described in Art. 67, para. 1, return to the community that has the force, for a full indemnity.

4 Art. 67, para. 4, applies mutatis mutandis.


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 64 K. End of concession/II. Extinction

II. Extinction

The grant shall be extinguished in full:

A.
By the expiry of its duration;
B.
The express renunciation of the concessionaire.
Art. K. End of concession/III. Caducity

III. Caducity

The granting authority may declare the concessionaire to be deprived of its rights:

A.
Where it does not observe the time limits fixed by the concession, in particular for the financial justification, construction and commissioning, unless a refusal to extend it is contrary to the equity;
B.
When it interrupts the operation for two years and does not resume it within a reasonable period of time;
C.
When, in spite of the warnings of authority, it is a serious breach of essential duties.
Art. 66 K. End of concession/IV. Consequences of Extinction/1. In general

IV. Consequences of extinction

1. In general

Unless the concession provides otherwise, the concessionaire whose installations cease to be used as a result of the termination or caducity of the concession shall be required to carry out the work necessary to prevent the dangers Resulting from the discontinuance of the operation.

Art. 67 K. End of concession/IV. Consequences of extinction/2. As a result of return/a. Cantonal water courses

2. By return

A. Cantonal water courses

1 Where a plant returns to the licensor community, it shall have the right, unless the concession provides otherwise:

A.
To resume, free of charge, the water-taking and water-taking facilities, the supply or leakage channels, the hydraulic motors and the buildings which house them, whether those works are established in the public domain or in the private domain, as well as The soil used to operate these facilities;
B.
To resume, with fair compensation, facilities for the production and transport of energy.

2 The concessionaire may require that the community take over the facilities used for the production and transportation of energy, if it is able to use them advantageously for the same purpose.

3 The concessionaire shall be required to maintain, in a state of operation, the facilities subject to the right of return.

4 When the facility returns to the community, the concessionaire is compensated for the investment in modernization and expansion, provided that it has been modernized or expanded in agreement with the community Holder of the right of return. The compensation is more than the residual value of the investment, taking into account the usual depreciation rates in the branch and currency fluctuations. 1

5 The community with the right of return may, with the consent of the concessionaire, bring the value of the right of return as participation in the existing enterprise. It may use it in any other manner in accordance with the public interest. 2


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 68 K. End of concession/IV. Consequences of extinction/2. By return/b. Intercantonal water courses

B. Intercantonal water courses

1 If the sections of water used are used in the territory of several cantons, the facilities subject to the right of return become the co-ownership of these cantons. The share of each canton is fixed in the proportion where it contributes to the creation of force.

2 If the cantons cannot agree on the use of the facilities and on the part of each of them, the department shall act (Art. 6). 1


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. 69 K. End of concession/IV. Consequences of Extinction/3. Due to expiration, lapse, or waiver

3. Due to expiry, lapse or waiver

1 If the lease expires without a return to the community, or as a result of caducity or renunciation, the facilities established in the private domain shall remain the property of the concessionaire and the facilities established on the Public domain becomes the property of the licensor community. The contrary provisions of the concession were reserved.

2 If facilities established in the public domain continue to be used, the community will pay fair compensation to the concessionaire.

3 If the dealer loses his rights as a result of forfeiture or forfeiture, the community retains the right to return to the plant under the terms of the concession on the redemption or return. The anticipated exercise of these rights will be taken into account.

Art. 69 A 1 K. End of concession/V. Conversion work prior to the expiration of the concession

V. Conversion work before the expiration of the concession

During the ten years preceding the expiration of the concession, the concessionaire shall, with full and full compensation, undertake all processing operations, in particular the modernisation and expansion of the installation, Which are prescribed by the authority that grants or approves the concession, in the context of the transmission of the arrangement to another operator.


1 Introduced by ch. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).

Art. L. Contestations/I. Between Users

L. Contestations

I. Between Users

Disputes between the concessionaire and other users of the same watercourse in relation to the extent of their rights shall be the responsibility of the courts.

Art. 1 L. Contestations/II. Between the granting authority and the concessionaire

II. Between the granting authority and the concessionaire

1 Except as otherwise provided in this Law or in the act of concession, disputes between the concessionaire and the granting authority over the rights and obligations arising out of the concession shall be at the first instance of the authority Cantonal court, in the second instance of the Federal Court.

2 If the concession has been granted by several cantons, by the Federal Council or by the department, the latter makes a decision in the event of a dispute. This decision is subject to appeal in accordance with the general provisions of the federal procedure. 2


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 New content according to the c. 67 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, in force since 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).

Chapter IV Implementing provisions and transitional provisions

Art. 72 A. Implementing provisions/I. In general

A. Implementing provisions

I. In general

1 The Federal Council shall be responsible for the application of this Law; it shall enact the implementing measures which fall within the competence of the Confederation.

2 It designates by order the provisions of this Act that are not applicable to small water plants.

3 ... 1


1 Repealed by c. 67 of the annex to the Act of 17 June 2005 on the Federal Administrative Tribunal, with effect from 1 Er Jan 2007 ( RO 2006 2197 1069; FF 2001 4000 ).

Art. 1 A. Implementing provisions/II. Commission on Water Economics

II. Commission on Water Economics

The department shall appoint a committee to consider general or specific questions relating to the economy of the waters and to give notice of such matters; the powers and the organisation of that committee shall be determined by a regulation.


1 New content according to the c. II 4 of the Annex to the PMQ of 22 March 2002 on the adaptation of the provisions of the Federal Law in the field of organisation, in force since 1 Er Feb 2003 ( RO 2003 187 ; FF 2001 3657 ).

S. 74 B. Transitional Provisions/I. Retroactive Effect

Transitional provisions

I. Retroactive Effect

1 Art. 7 A , 8, 9, 12 to 16 and Chapter II are applicable to all existing water rights. 1

2 The provisions of Chapter III concerning: public works before the operation of a factory are applicable to water rights established prior to 25 October 1908. 44), the right of expropriation (art. 46, 47), the provision of water for public services (art. 53) and challenges (s. 70 and 71). However, if, after that date, a surcharge is granted to the owner of a former factory, the provisions of this Law on periodic benefits shall apply to the additional force.

3 ... 2

3bis Art. 49, para. 1 shall apply in so far as it does not affect acquired rights. 3

4 Art. 50 is not applicable to water rights granted between October 25, 1908 and the coming into force of this Act.

5 ... 4


1 New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
2 Repealed by c. I of the LQ of Dec 13. 1996, with effect from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
3 Introduced by ch. I of the 8 Oct PMQ. 1976 (RO 1977 171; FF 1975 II 2140). New content according to the c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
4 Trans Disp. Not applicable.

Art. 75 B. Transitional provisions/II. Implementing measures for the cantons

II. Implementing measures for the cantons

1 Within a period of time to be set by the Federal Council, the cantons will enact the implementing provisions which fall within their jurisdiction and will draw up the register of water rights for their territory.

2 They will be able to issue these provisions by way of an order.

3 In order to establish the existing rights of use, the cantons shall, by public warning, invite the right holders to produce them; the non-produced rights may be declared null or void.

Art. 75 A 1 B. Transitional provisions/III. Transitional provisions relating to the amendment of 18 June 1999

III. Transitional provisions relating to the amendment of 18 June 1999

The old rules of procedure apply:

A.
Requests for approval of plans under review for two years or more;
B.
Applications for building permits under review;
C.
Applications for building permits relating to facilities for which a grant has been granted under the former right if these applications are filed within ten years of the coming into force of this amendment;
D.
Pending appeals.

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

Art. 76

The Federal Council shall fix the time for the entry into force of this Law.


Date of entry into force: 1 Er January 1918 5


RO 33 191 and RS 4 761


1 Tit. Court introduced by c. I 1 of the PMQ of 18 June 2010, in force since 1 Er Jan 2011 ( RO 2010 5061 ; FF 2009 1019 1045, 2010 321).
2 Abbreviation introduced by c. I of the LQ of Dec 13. 1996, effective from 1 Er May 1997 (RO 1997 991; FF 1995 IV 964).
3 [RS 1 3; RO 1976 711). In art. Currently referred to correspond to s. 76 and 81 of the cst. April 18, 1998 (RS 101 ).
4 FF 1912 II 815, 1916 III 459
5 ACF of April 20, 1917


State 1 Er July 2012