Water law
The water book lists legal relationships with respect to waters. It thus has a similar function for water rights, as it has the basic book for real estate.
Germany
In Prussia, the basis for the water books with the Prussian Water Act has been introduced in 1913.
The basis for the Water Register § 87 Water Resources Act (WHG). Are entered under the WHG issued permits ( insofar as they are not merely temporary purposes ), permits, existing rights and powers, planning approval and plan approvals and water protection areas, risk areas and fixed floodplains.
In Germany the water books are mostly out of the lower water authorities - these are usually the environmental agencies of the counties and cities. In some states, the water book digital outputs are maintained by the upper water authorities.
Legal effect
The entries in the book have no water complex legal or legally changing effect.
When a truth is not in relationship existing accidentally entered, then this provides no water use rights; is a legal relationship erroneously deleted, so that does not affect its survival. The entry thus represents only a so-called authenticating administrative represent ( BVerwGE 37, 103 ff). Authenticating administrative acts do not contain any disposition of a legal, justified or not change it, so do not have a constitutive character. Therefore, the entry in the Water Register establish any legal, but still probably an actual presumption; In this sense, they are useful as evidence. This applies to agencies such as the case of rightholders and other parties concerned. Who relies on the incorrectness, must lead the counter-evidence. The entry is something like a " prima facie ".
Austria
Official water books are there in Austria since the mid 19th century, such as the Styrian Water Register since 1872.
The Austrian Water Book ( ÖWB ) is a public list of the countries. It is in § § 124 to 126 of the Water Act 1959, Federal Law Gazette No 215/ 1959, set out in the amended Federal Law Gazette I No. 123 /2006 ( WRG). All significant water ( usage ) rights are entered in the Water Register. The water book does not constitute a constitutive effect, that is, in the event of a conflict between that decision and water book entry only for the decision, the real legal situation again. Nevertheless, the book has an important water declarative effect.
It consists of:
- The evidence of rights conferred,
- Collection of documents on the rights made apparent in the evidence (eg, authorization decisions )
- The required map works and tools
- The overview of water cooperatives and water associations, their statutes and called to representative bodies as well as their members,
- Various regulations ( pollution control regulations, protection and conservation areas, redevelopment plans).
The name and address of the claimant is also be shown how the property or operating system, which is connected with the law, as well as the duration, on which the right was granted.
In Austria, the country's main man leads a water point for each county. Sometimes the water is carrying out already by automated data processing. Thus, all water rights are example in the province of Lower Austria nationally Water Data Network (SLA ) available.
Water Information System for seven states: Since 2001, develop and operate the provinces of Salzburg, Carinthia, Vorarlberg, Burgenland and Styria a common Water Information System (WIS ). The provinces of Tyrol (2009 ) and Vienna ( 2010) have also joined this cooperation. The harmonization of data models and coordinated development of various software components has significant synergies with it. In addition to the financial aspects of this initiative provides a simple and open access to the water management databases of these states.
The inspection of the water book is anyone, in accordance with data protection regulations, permitted.