Water law" files were introduced by the French law on water and aquatic environments (LEMA) of December 30, 2006, with the aim of achieving good water status. Water law dossiers are governed by the French Environment Code, article L.214 which defines the authorization (prefectoral authorization order) and declaration (administrative authorization) regimes.
When is a water law file required?
Water law files are drawn up for projects involving installations, works or activities (known as "IOTA") that have a direct or indirect impact on water resources and protected environments (NATURA 2000, etc.).
According to article L.214 of the Environment Code, works subject to authorization under the Water Act are "works and activities likely to present a danger to public health and safety, interfere with the free flow of water, reduce water resources, significantly increase the risk of flooding, or seriously affect the quality or diversity of the aquatic environment, particularly fish populations". Under this system, the applicant is required to comply with stringent regulations in the event of an accident, in order to avoid any incident.
The declaration system, on the other hand, is less stringent, and is applied to "works and activities whose impact on the environment is moderate, which must nevertheless comply with the requirements laid down in application of Articles L.211-2 and L.211-3".
Articles R.214-1 to R.214-5 present the nomenclature of a file and list all works subject to authorization or declaration under the Water Law.
This nomenclature is divided into 5 main sections:
- Abstractions;
- Discharges;
- Impacts on the aquatic environment or on public safety;
- Impacts on the marine environment;
- Authorization regimes equivalent to authorization under the articles.
Articles R.214-6 to R.214-56 describe the constitution of water law files and the procedure for examining files.
The water law file for a water law declaration must comprise 6 parts:
The location of the IOTA (installations, structures, works and activities) covered by the file;
The nature, consistency, volume and purpose of the IOTA, and the nomenclature headings to which the IOTA are subject;
An impact document, specifying the project's impact on water resources and the aquatic environment, and the compensatory measures envisaged to offset the impact. It must also present the project's compatibility with the SDAGE and SAGE and with article R.414-4 of the Environment Code, dealing with NATURA 2000 zones;
A description of the means of monitoring and intervention in the event of accident or incident;
Graphic elements, plans or maps useful for understanding the dossier.
The water law dossier for authorization includes the same documents as that for declaration, but the impact document must be more detailed. Additional documents are required when the file is drawn up for the installation of a wastewater treatment plant, a storm drain or similar.
- Contents of a water law dossier
- A regulatory section, listing all the headings subject to declaration or authorization that will be used in the file;
- A project description section, which includes project plans, a layout drawing of structures required for the building's operation (piping, retention tank, oil and sludge separator, etc.), and a description of how the structures will be maintained;
- A Vulnerability section, in which the site and commune are presented in a general way on various parameters: geology, hydrology, hydrogeology, protected areas such as ZNIEFF or Natura 2000 sites;
- An Impacts and Compensatory Measures section. This part takes into account the construction phase, then the post-construction phase, with a study of the impacts of sealing, reduction of the infiltration zone, as well as a study of stormwater discharges, etc;
- Compatibility with the SDAGE : The project presented in a Water Law file must comply with the SDAGE or SAGE if there is no SDAGE for the commune in which it is located. If the project does not comply, it cannot be carried out;
- A section on compatibility with article L.414-4 of the Environment Code, to certify that the project has no influence on a NATURA 2000 site.
The various parts of a water law dossier are as follows: