Thuringian Water Act
| Basic data | |
|---|---|
| Title: | Thuringian Water Act |
| Abbreviation: | ThürWG |
| Type: | State Law |
| Scope: | Free State of Thuringia |
| Legal matter: | Administrative law |
| Original version from: | March 3, 1994 (GVBl. P. 445) |
| Entry into force on: | May 19, 1994 |
| Last revision from: | May 28, 2019 (GVBl. P. 74) |
| Entry into force of the new version on: |
June 8, 2019 |
| Please note the note on the applicable legal version. | |
The Thuringian water law is the State Water Act of the Free State of Thuringia and controls in addition to the Water Act of the Federal the water rights of Thuringia. It was passed in its original version on March 3, 1994 by the Thuringian state parliament and came into force on May 19, 1994. The version of the announcement of May 28, 2019 (Law and Ordinance Gazette Thuringia, page 74) currently applies.
prehistory
In Thuringia, the Thuringian Water Act of December 31, 1932 initially applied , which was replaced in 1963 by the GDR Water Act of April 17, 1963. After the re-establishment of the Free State of Thuringia as a federal state of the Federal Republic of Germany, the water law of the GDR initially continued to apply as a state water law until it was replaced by the Thuringian water law.
Legal relationship to the Federal Water Act
Until 2010, the Water Management Act was a framework law that was specified and filled out in more detail by the state water laws.
In force since 1 March 2010, version represents the Water Management Act (WHG) of the Federal full control. The countries can in the context of concurrent legislation to Art. 72 para. 3 no. 5 of the Basic Law in the Land Water Acts (LWG) only partially Define deviations and use the corresponding opening clauses of the WHG.
history
The original version of the law was passed by the Thuringian state parliament on March 3, 1994 and came into force on May 19, 1994. The first change was made in May 1994. New notices were made after more extensive changes in 1999, 2004 and 2009. May 2019.
Content
The Thuringian Water Act in the version that has been in force since 2019 essentially regulates:
- the content-related scope of the law
- the division of waters into waters of the 1st and 2nd order
- Ownership structure and boundaries
- Management of waters and groundwater
- Common , owner and resident use
- Riparian strips
- Water maintenance
- Water supply and sanitation
- Responsibilities for dikes and flood protection systems
- Water control
- Responsibilities
Annex 1 of the Act contains an exhaustive list of the first order waters in Thuringia. Appendix 2 shows the allocation to the catchment areas and river basin districts (analogous to Appendix 2 WHG). Other attachments include a. Lists of dams and levees in the country's maintenance burden.
The first version of the ThürWG provided for the collection of a water abstraction fee, which was deleted from the law with one of the first changes.
Water authorities
The regulations of the ThürWG result in a three-stage administrative structure for water law in Thuringia. Accordingly, the Thuringian Ministry for the Environment, Energy and Nature Conservation, which is responsible for water management, is the uppermost, the Thuringian State Office for the Environment, Mining and Nature Conservation is the upper one, and the districts and urban districts in the assigned sphere of activity are the lower water authorities .
Waste water disposal compulsory
According to § 56 WHG, these can only be legal persons under public law . In Thuringia, according to § 47 ThürWG, municipalities or corporations under public law (mainly special-purpose associations ) are generally obliged to dispose of wastewater.
