Water cooperative
Water cooperatives are used for the collective management of water .
Situation in Austria
In many cases, the tasks of water management include measures and structures that significantly exceed the capabilities of individuals and companies and are in the public interest. Thus, legal constructions had to be created that are able to solve such challenges. These include the water cooperatives and water associations . The Austrian Water Law Act (WRG 1959) provides that water cooperatives can be founded for the following measures and tasks (§73 WRG 1959, the excerpt is reproduced for the sake of completeness):
(a) the protection of real estate and structures against water damage, the regulation of the course or the regulation of the runoff (water level) of a body of water, precautions against torrents and avalanches, the maintenance of banks and channels including clearing them;
b) the supply of drinking, industrial and extinguishing water including the necessary storage, enrichment and protective measures;
c) drainage and irrigation as well as the regulation of the groundwater balance;
d) the removal and purification of wastewater as well as keeping water bodies clean;
e) the construction, use and maintenance of common facilities for the utilization and refinement of hydropower;
f) the contribution to hydraulic engineering or water management measures of others;
g) the provision for compensatory measures on bodies of water, insofar as these are required by the systems of several water authorized persons;
h) exercising regular supervision of bodies of water and water facilities or making a contribution thereto;
i) the control, supervision and maintenance of facilities approved under water law;
j) the collection, recovery and disposal of waste.
A water cooperative can be founded :
- voluntarily and recognized by the competent authority,
- with compulsory membership (a request by the majority of interested parties is assigned to the reluctant minority by notification of the competent authority, if this is absolutely necessary) or
- by decision of the governor as a compulsory cooperative if this is absolutely necessary in the public interest for the purpose of flood protection, drinking water supply, drainage and water supervision (§73, WRG 1959 lit. a, b, c and h, see above). Furthermore, the owners of systems according to § 73, WRG 1959 lit. a, c, d, e, g and i (see above) are obliged to enter into a compulsory cooperative.
The organs of the cooperative are the general assembly, the committee, the chairman, and in some cases also a managing director, auditor and arbitration board. The water cooperatives are therefore set up in a similar way to associations.
They do not work for profit and enable the participation of the members in the general meeting. The cooperative has to issue statutes itself or these are issued by the competent authority.
The possibility of creating a co-operative with compulsory membership or a co-operative co-operative means that it is ensured that the solution of water management problems, which can only take place with the cooperation of all concerned, cannot fail due to individual interests.
Overdue contributions to the cooperative are collected at the request of the cooperative by way of public administration procedures (Administrative Enforcement Act).
The supervision of the water cooperative is incumbent on the competent authority, this also has to declare a dissolution, if the cooperative decides to dissolve or if the continued existence no more advantages can be expected.
If the measures extend over the area of several municipalities, a water association can be established.
Water cooperatives play a decisive role in the organization of Austria's water management. They enable local interested parties to come together to solve water management tasks under the control of the responsible authorities.
In some Austrian federal states there are also umbrella associations for water cooperatives that offer advice, service and training for their members. Some examples are: Upper Austrian water cooperative association , umbrella association of Salzburg water suppliers, interest group water cooperatives southern Burgenland .
Situation in Germany
Water cooperatives under German law usually take the form of a registered cooperative . The comrades use a local source for drinking water supply and strive to generate cost advantages compared to the public water supply.
Individual evidence
- ↑ Private water cooperatives go to the barricades on pnp.de from April 22, 2017
