Today we begin a new series of articles in which we will analyze various aspects of investment projects involving water. This morning, we begin with the basics, exploring the purpose of the Water Law Act of 20 July 2017 ("Water Law") and what water is within its meaning.
The overarching goal of the Act is to regulate water management in accordance with the principle of sustainable development, in particular the shaping and protection of water resources, the use and management of water resources, ownership of water and land covered by water, and the principles of managing these assets as State Treasury property. So what does this mean?
The provisions of the Water Law apply to inland waters and internal marine waters . The Water Law does not apply to water services involving the storage, treatment, or distribution of surface water and groundwater, or the collection of sewage, to which the provisions of the Act of 7 June 2001 on collective water supply and collective sewage disposal apply.
According to Article 9 of the Water Law, water management should be conducted in accordance with the principle of rational and holistic treatment of surface water and groundwater resources, taking into account their quantity and quality. Water management takes into account the principle of common interests and requires cooperation between public administration, water users, and representatives of local communities to achieve maximum social benefits. It is based on the principle of cost recovery of water services, taking into account environmental and resource costs, as well as economic analysis. It is conducted in accordance with the public interest, preventing avoidable deterioration of the ecological functions of water and the deterioration of water-dependent terrestrial ecosystems.
In turn, water resources management serves to meet the needs of the population and the economy and to protect water and the environment related to these resources, in particular in terms of ensuring the appropriate quantity and quality of water for the population, protection against floods and droughts, protection of water resources against pollution and inappropriate or excessive exploitation, maintaining or improving the condition of aquatic and water-dependent ecosystems, providing water for agriculture and industry, creating conditions for the energy, transport and fishing use of water, and meeting the needs of tourism, sports and recreation.
The authorities competent for water management are: the minister responsible for water management, the minister responsible for inland navigation, the President of the State Water Management Authority (PWP), the director of the regional water management board of the PWP, the director of the catchment area board of the PWP, the head of water supervision of the PWP, the director of the maritime office, the voivode, the district head, the commune head (mayor or city president). The provisions of the Code of Administrative Procedure apply to proceedings before these authorities. The President of the PWP serves as a higher-level authority within the meaning of the Code of Administrative Procedure in relation to the directors of the regional water management boards of the PWP in matters specified in the Water Law. Therefore, depending on the case, it is important to correctly identify the competent authority.
Another important element is the division of waters, regulated in Articles 18-26 of the Water Law. Waters are primarily divided into surface waters and groundwaters. Waters excluding internal marine waters and territorial sea waters are considered inland waters . Surface waters include territorial sea waters, internal marine waters, and inland surface waters. Inland surface waters are divided into inland flowing waters and inland standing waters.
- Inland flowing waters are waters in: natural streams and the springs from which these streams originate, lakes and other natural water reservoirs with continuous or periodic natural outflow or outflow of surface waters, artificial water reservoirs situated on flowing waters, canals.
- Standing inland waters are inland waters in lakes and other natural water bodies not directly connected, in a natural way, to surface flowing inland waters.
We can also distinguish transitional waters , which are surface waters located in or near river mouths, which, due to the proximity of salt waters, are partially saline, remaining within the range of significant influences of fresh waters, and the internal marine waters of the Bay of Gdańsk.
Water Law also defines water facilities as facilities or structures used to shape water resources or use these resources, including: damming, flood control, and regulatory facilities or structures, canals, ditches, artificial reservoirs situated on flowing waters and facilities related to these reservoirs, ponds, in particular fish ponds and ponds intended for sewage treatment or recreation, facilities used for the intake of surface water and groundwater, water power facilities, outlets of sewage facilities used to introduce sewage into water, into the ground or into water facilities, and outlets used to introduce water into water, into the ground or into water facilities, permanent facilities used for catching fish or for acquiring other aquatic organisms, facilities used for breeding fish or other aquatic organisms in surface waters, retaining walls, boulevards, quays, piers, jetties and marinas, permanent facilities used for inter-coastal transport.
In turn, groundwater is understood as all waters located below the surface of the earth in the saturation zone, including groundwater in direct contact with the ground or subsoil.
Next week we will be analysing further elements related to Water Law, which are extremely important for the real estate market, such as the rules for trading in land covered with water and pre-emption rights related to it.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of February 19, 2024
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