Three steps to… the future, or how to get a promise of a water permit

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STEP I. Before you proceed with your intention

…You can get a promise of a water permit beforehand.

The promise can be obtained by anyone who intends to conduct activities requiring a water permit in the future.

A promise may be needed, for example, to obtain a loan or prepare an investment. It guarantees the possibility of implementing plans for which, for example, you do not have the funds at the moment, but will acquire them in the future. The key purpose of having a promise is that the authority will not issue a permit to another investor for activities within the scope of the promise during the period of its validity.

Remember!
The pledge may be the first document that will guarantee your future ability to build a small hydropower plant or extract aggregate at the particular site you are applying for.

STEP II. Necessary documents

Collect the necessary documents and apply for a promise to issue a water permit for water services or water use. According to Article 412 of the Water Law, you can get them for:

  • water abstraction, wastewater discharge, use of water for energy generation, including hydropower, discharge of rainwater or snowmelt water contained in open or closed stormwater drainage systems or in combined sewer systems within the administrative boundaries of cities, and other services listed in Art. 35 of the Water Law;
  • special use of water listed in Art. 34 of the Water Law;
  • long-term lowering of the groundwater table;
  • Reclamation of surface water or groundwater;
  • Introduction of algae-inhibiting substances into surface waters;
  • Implementation of water facilities;
  • Water regulation, development of mountain streams and formation of new natural stream channels;
  • change of landforms on land adjacent to the waters, affecting flow conditions;
  • Running bridges, pipelines, conduits in casing pipelines or culverts through flowing surface waters and over embankments;
  • the routing of overhead power and telecommunications lines through inland waterways and across dikes;
  • Location in areas of special flood risk:
    • new projects that may significantly affect the environment;
    • new construction facilities;
  • collection in areas of special flood risk of sewage, chemicals, as well as other materials that may contaminate the waters, and carrying out waste processing in these areas, especially waste storage.

Remember!
Promise of issuance of a water permit shall not be given for activities that require a water notification.

In the procedure for granting a promise, the same regulations apply as in the case of water permits. You must attach the same documents to your application for a promise as you would if you were applying for a water permit. We write about what these documents are in our previous and subsequent thematic water compendiums.

Remember!
A promise to issue a water permit does not constitute a water permit, i.e. there is no fee for its issuance.

STEP III. Works and operation

In this case,you cannotproceed with your intention. The promise to issue a water permit is not an attachment to the application for a construction permit and does not affect these proceedings.

According to Art. 388 para. 2(1) of the Water Law Act, only the issuance of a final water permit or a water permit notification, which takes place before a construction permit decision is obtained, is an attachment to the application.

Remember!
The promise of issuance of a water permit does not constitute a water permit, that is, you do not pay a fee for water services during its duration.

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