Configurations of parties in proceedings regarding changes in water conditions – article 234 of the Water Law Act

Article 234 of the Water Law Act governs the rules concerning changes in water conditions on land, outlining the rights and obligations of landowners regarding the protection of neighboring areas from the harmful effects of such changes. According to the provisions, a landowner may not alter the flow of rainwater or meltwater in a manner that could harm adjacent properties. In cases where these rules are violated, administrative proceedings may involve a broad range of parties, including both landowners causing harm and their affected neighbors.

Parties to proceedings in cases of harmful changes in water flow

Article 234 of the Water Law Act states:

1. A landowner, unless otherwise specified by the Act, may not:
   • Change the direction and intensity of the flow of rainwater or meltwater present on their land, or the direction of water flow from springs, to the detriment of neighboring lands;
   • Discharge water or introduce wastewater onto neighboring lands.
2. The landowner is obligated to remove obstacles and changes in water flow that have arisen on their land due to accidents or third-party actions, which harm neighboring lands.
3. If changes in water conditions caused by the landowner negatively affect neighboring lands, the mayor, village head, or city president, acting ex officio or upon request, may order the landowner to restore the previous state or construct facilities to prevent harm, setting a deadline for these actions through an administrative decision.

From the literal interpretation of the quoted provision, it is clear that the number of parties in proceedings concerning harmful changes in water conditions on land affecting neighboring lands can vary. Below, I will identify and discuss these configurations.

Parties directly referenced in article 234 of the Water Law Act

It should be noted that the provision explicitly states that an individual landowner cannot introduce changes to water conditions that harm not just a single neighboring property, but neighboring lands in general. Thus, the basic configuration of parties in proceedings regarding harmful changes in water conditions is as follows: on one side, the landowner responsible for changes causing harm, and on the other side, the harmed party or parties—owners of the affected land.

This provides two potential scenarios:

1. Two parties in the proceedings – The landowner responsible for harm and the owner of the land or lands affected by harmful changes.
2. Multiple parties in the proceedings – On one side, the landowner responsible for harm, and on the other side, the owners of all the lands affected by harmful changes.

These scenarios are not merely theoretical. They are reflected in case law, where court rulings confirm such possibilities without disputing their scope. For example:

• The first configuration is illustrated in the judgment of the Provincial Administrative Court in Gliwice on May 9, 2024 (case no. II SA/Gl 145/24).
• The second configuration can be found in the judgment of the Provincial Administrative Court in Lublin on August 23, 2023 (case no. II SA/Lu 333/23).

Two additional possible configurations of parties

In addition to the above configurations, two further scenarios are conceivable:

3. Multiple parties in the proceedings – On one side, multiple landowners responsible for harm, and on the other, a single landowner or multiple landowners of the affected lands.
4. Multiple parties in the proceedings – On one side, multiple landowners responsible for harm, and on the other, multiple landowners of the affected lands.

Examples of these configurations include:

• The third scenario is reflected in the judgment of the Provincial Administrative Court in Krakow on April 24, 2024 (case no. II SA/Kr 40/24).
• The fourth scenario is illustrated in the judgment of the Provincial Administrative Court in Gliwice on September 23, 2024 (case no. II SA/Gl 1054/24).

The role of the application in determining the scope of parties

It should be emphasized that proceedings concerning changes in water conditions on land affecting neighboring lands are typically initiated upon request. Such an application defines the scope of the parties to the proceedings, as it must specify the properties where harmful changes in water conditions have occurred and the lands affected by these changes. Consequently, the administrative body handling the proceedings is bound by the scope defined in the application. Any modifications require the applicant to revise their request.

In cases initiated ex officio, the administrative body has the authority to manage the scope of the proceedings, which it may modify based on factual findings during the process. Although ex officio proceedings are rare, an example can be found in the judgment of the Provincial Administrative Court in Lublin on August 23, 2023 (case no. II SA/Lu 333/23). In this case, the village head initiated proceedings ex officio concerning disruptions to water conditions in an area west of a national road, affecting multiple properties.