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Federal Act
on the Protection of Waters
(Waters Protection Act, WPA)

of 24 January 1991 (Status as of 1 February 2023)

Art. 33 Increase of the minimum residual flow

1The au­thor­it­ies shall in­crease the min­im­um re­sid­ual flow to the ex­tent which is deemed ne­ces­sary after weigh­ing up the in­terests for and against the planned wa­ter with­draw­al.

2In­terests in fa­vour of a wa­ter with­draw­al are as fol­lows:

a.
pub­lic in­terests which may be served by the wa­ter with­draw­al;
b.
eco­nom­ic in­terests of the area in which the wa­ter ori­gin­ates;
c.
eco­nom­ic in­terests of those wish­ing to with­draw the wa­ter;
d.
en­ergy sup­ply which may be served by the wa­ter with­draw­al.

3In­terests against a wa­ter with­draw­al are as fol­lows:

a.
the sig­ni­fic­ance of the wa­ters as an ele­ment of the land­scape;
b.
the sig­ni­fic­ance of the wa­ters as a nat­ur­al hab­it­at and for the con­ser­va­tion of the di­versity of the de­pend­ent fauna and flora, in par­tic­u­lar of the fish fauna, the in­come de­rived from fish­ing and the nat­ur­al re­pro­duc­tion of fish;
c.
main­tain­ing a rate of flow suf­fi­cient to sat­is­fy the qual­ity re­quire­ments of wa­ters in the long run;
d.
main­tain­ing a bal­anced ground­wa­ter re­gi­men which guar­an­tees fu­ture sup­plies of drink­ing wa­ter, land use cus­tom­ary to the area and ve­get­a­tion suited to the loc­a­tion;
e.
en­sur­ing ag­ri­cul­tur­al ir­rig­a­tion.

4Any­one wish­ing to with­draw wa­ter shall provide the au­thor­it­ies with a re­port on:

a.
the con­sequences of the wa­ter with­draw­al, cal­cu­lated at vari­ous rates of flow, on the in­terests served by the with­draw­al, with par­tic­u­lar re­gard to the pro­duc­tion of elec­tric en­ergy and its costs;
b.
the in­terests which are likely to be ad­versely af­fected by the wa­ter with­draw­al and meas­ures which might be taken to pre­vent such impair­ment.