Water Act (GDR)

Basic data
Title:	Law on the protection, use and maintenance of waters and protection against flood hazards
Short title:	Water law
Abbreviation:	Flat share
Type:	Law of the Republic
Scope:	German Democratic Republic
Legal matter:	Water law
Original version from:	April 17, 1963 ; (Journal of Laws of I No. 5 p. 77)
Entry into force on:	April 17, 1963
Last revision from:	July 2, 1982 ; (Journal of Laws of I No. 26 p. 467)
Entry into force of the ; new version on:	October 1, 1982
Expiry:	until May 1994, see story
	Please note the note on the applicable legal version.

The Water Act was the law of the German Democratic Republic to regulate water law .

history

In the GDR, the Reich and Landeswassergesetze initially continued to apply after its establishment. On April 17, 1963, the People's Chamber of the GDR passed the law on the protection, use and maintenance of waters and protection against flood hazards, in short the Water Act, of April 17, 1963 ( Journal of Laws of the German Democratic Republic Part 1 No. 5 p. 77), with which the previous regulations were replaced. This in turn was replaced by the Water Act of July 2, 1982 (Journal of Laws of I No. 26 p. 467). After the turnaround and reunification , the water law remained in force in the new federal states until the respective state water laws were passed .

Superseded regulations

In 1963, the Water Act replaced the following Reich and state laws that were still valid in its area of application:

the Prussian Water Act of April 7, 1913
the Saxon Water Act of March 12, 1909
the Mecklenburg Water Act of July 9, 1928
the Thuringian Water Act of December 21, 1932
the law on the construction and development of waterways of April 1, 1905
the law on the restriction of rights to water of March 19, 1935
the ordinance of August 28, 1942 on the simplification of administrative procedures under water law

Subordinate regulations

Implementing ordinances were issued for both water laws, specifying the respective content of the water law.

Mission and principles of the law

The preamble to the law of 1963 justified this with the fact that the “comprehensive construction of socialism in the German Democratic Republic ... poses great water management tasks in all branches of the economy”.

Section 1 of the 1963 Water Act named the following main tasks that should be achieved with the new act:

Provision of drinking and industrial water in the required quantity and quality for supplying the population, industry, agriculture, transport and all other water users as well as provision of water for fire protection and air protection;
Wastewater discharge and treatment to protect water from pollution as an important prerequisite for the provision of safe drinking and industrial water, for the protection of the health and recreation of the population, for safeguarding the fishing industry and for avoiding economic damage;
Maintenance and expansion of water bodies for the systematic use of water, in particular for securing and increasing agricultural production, for promoting shipping, for generating energy and for the safe discharge of water;
Improvement of preventive flood protection and flood defense as well as coastal protection to avert dangers to life and property of the population, to protect socialist property and to secure production.

According to the will of the legislature, the management of the waters should be carried out under state management and involvement of the population.

Among other things, the following principles were laid down for this purpose:

The water must be used in such a way that a balanced water supply is ensured in the river catchment areas.
The groundwater is to be provided primarily for drinking water purposes. The industrial water required for supplying industry is mainly taken from surface water.
The withdrawal of process water from watercourses by industrial companies producing wastewater must take place below the wastewater discharge.
The necessary coverage of the water demand is to be ensured by balancing out the temporal and local fluctuations in the water supply with the help of technical and natural storage and retention measures and by transferring water from surplus areas.
The pollution and waste of water must be counteracted. In industry, processes are to be used that ensure the lowest possible pollution and the economical use of water.
The treatment and discharge of the wastewater must be carried out according to the highest scientific and technical standards in such a way that the greatest possible cleaning effect is achieved and the water can be used repeatedly. It is preferable to use wastewater treatment processes in which valuable materials are recovered or the wastewater is used in agriculture (wastewater land treatment).
The proportions between water supply and wastewater treatment corresponding to economic and cultural development must be created.
With the development and commissioning of new production capacities and the establishment of residential areas, the water supply and wastewater treatment systems must be set up in good time.
When choosing the location of the industrial and agricultural production facilities, the transport facilities, the housing construction and the expansion of the production capacities, the water supply, the safe sewage drainage and the flood protection must be taken into account.
The facilities for the water supply and wastewater treatment in the communities and for the irrigation and drainage of agricultural areas as well as the watercourses are to be expanded as planned.

In 1982, with the amendment of the law, the task was reformulated, so the management, planning and implementation of water management tasks were to be directed from now on

supplying the population with drinking water and industry, agriculture and all other water users with process water in the required quantity and quality as well as covering the water needs of the armed organs, civil defense and the fire brigade ;
the maintenance and expansion of water bodies to regulate the runoff and to maintain their usability and their cultural functions,
Increasing the availability of water resources and its efficient management according to river catchment areas, enforcement of rational water use and effective use of the basic water resources in all branches of the economy and social areas,
the preservation of the usability of the waters through wastewater treatment and protection against water pollutants and other impairments as an indispensable condition for multiple use, for a fishing industry, for ensuring health, recreation and sport and for avoiding economic damage,
protection against floods, storm floods and ice hazards as well as flood defense to avert dangers to the life and health of citizens, social production and socialist and personal property.

Content

Based on the tasks and principles set, the Water Act essentially regulated:

the definition of the term “water body”
the use of water
Protection, maintenance and expansion of water bodies
the water authority
Protection of water supply and drinking water
Flood and coastal protection
Protection of the soil from the harmful effects of water

It also contained criminal and administrative offense provisions.

The new version from 1982 also contained more stringent regulations for the rationalization of the available water and provided for a water abstraction fee for the use of the water. At the same time, the requirements for wastewater treatment and the handling of water pollutants have been tightened.

Law enforcement agencies

Under the responsibility of the Ministry for Environmental Protection and Water Management , the State Water Authority performed the tasks of a water authority. It was the state body for regulating the use of water and for monitoring compliance with legal provisions on the use and protection of water and bodies of water, the maintenance of bodies of water and water management systems as well as flood and coastal protection. In order to enforce the legal obligations for the use of water, the use, protection and maintenance of bodies of water and the protection against flood risks, it was authorized to impose requirements, to issue water balance decisions, permits and consents as well as state norms for the use and consumption of industrial water for the recovery of valuable substances.

Aftermath

Rights and powers granted according to the Water Act, in particular usage permits for the use of the waters, are generally valid today as old rights and powers within the meaning of Section 20 of the Water Management Act due to corresponding regulations in the state water laws .