Use of a body of water - applying for permission to extract, extract, extract, extract and discharge groundwater

The competent authority may issue a permit under water law at its discretion (management discretion).

The law also stipulates when a permit cannot be granted.

This is the case if

• unavoidable, harmful changes to the water are to be expected or
• other requirements under public law are not met.

Apply for a water permit for groundwater extraction in writing or online to the responsible authority. They will examine your application and decide on its approval.

Under certain circumstances, groundwater uses of 5,000 cubic meters or more per year require an environmental impact assessment (EIA) or at least a general or site-specific preliminary assessment.
Please contact the authority responsible for your application before submitting your application.

Depending on the content of your application, public participation may be required by law.

Please note that the documents you enclose with the applications must be prepared and signed by qualified experts.

Below you will find a list of documents that may be required depending on the project to be applied for and a brief explanation.

Note: Not all of the documents listed are required for every project.

If you are in doubt as to which documents should be attached to your individual application, please contact the competent authority.

In individual cases, you must submit further documents on request.

Explanatory report

• provides a generally understandable overview of the planned project in written form
• summarizes the content of the other documents to be submitted
• primarily contains information on the project sponsor, the purpose of the project, requirements and alternatives, the location of the project and the existing conditions (e.g. basic data on hydrology, hydraulics and soil as well as water management and nature conservation protection areas), the type, scope and effects (particularly environmental) of the project as well as the (existing) legal relationships under public and private law that are relevant to the project

Site plans

General site plan

• Plan drawn up on the basis of data from an official geographical information system or sections of official topographical maps
• In addition to the location of the project, show in particular the municipalities and districts affected as well as water bodies, water and spring protection areas, floodplains and nature conservation areas such as biotopes, FFH/nature conservation/landscape protection and bird protection areas
• Select a scale adapted to the project, for example 1:25,000, or 1:50,000 for very large areas

Parcel map

• Plan created on the basis of data from an official geographic information system or official cadastral map, preferably with contour lines
• Above all, the information to be entered in the general site plan as well as (existing) water utilization facilities (e.g. extraction or discharge points into surface waters as well as drilling and groundwater extraction points in the form of wells or springs with names and their most important data), plots of land on which the project is to be carried out with parcel numbers (if no separate parcel plan is created) must be shown.
• A scale adapted to the project must be selected, for example 1: 2,500 to 1,000.

Construction drawings

• Buildings and all important components must be shown and dimensioned in floor plans and sections (not smaller than 1:100).

Cadastral documents (with land register)

• The land on which the project is to be carried out and on which the project will have an impact must be included in the land register, in particular the plots of above-ground water that are to be used.
• Give details of the district, parcel numbers, fishing rights and other rights of other persons (third parties), name and address of the owners, the persons entitled to use the land in rem and any persons entitled to fish.

Needs analysis

• includes a determination of the projected demand, taking into account relevant influencing factors such as climate and ecology and, if applicable, the production statistics (withdrawal quantities) of previous years
• If available, include statements from a management concept.
• Determine and, if necessary, present potential water savings.

Examination of alternatives

• If an assessment of alternatives is required, describe alternative locations and designs that would also achieve the purpose of the project.
• Explain why the selected application variant is more environmentally friendly and less harmful to other people (third parties) than all other obvious variants.

Groundwater balancing (with statement on usable groundwater resources)

• If the submission of a groundwater balance is required, this must include a comparison of the inflow and outflow components in the area under consideration.
• If necessary, statements from a groundwater model must be taken into account accordingly.
• The additional pollution of the aquifer caused by the project must be shown.

Information on water quality (with groundwater analysis)

• Provide evidence of the water quality by means of chemical and microbiological groundwater tests.
• If necessary, adapt the scope of the analysis/parameters to the specific project.
• Include an evaluated analysis from previous years if necessary.
• Present and describe the sampling points. Also describe the intended control and safety measures.

Documentation of the sampling facility with hydraulic verifications

• represents a comprehensive compilation of location, site and functional information on the extraction facility and can refer to both wells and springs
• contains the evaluation of pumping tests, photos of the site if applicable, measured heights, coordinates of the well head, results of geophysical investigations, documentation of camera inspections and, if applicable, descriptions of previous structural changes (e.g. drilling, refurbishment)

If you are required to submit hydraulic certificates, please provide evidence of the hydraulic processes in the watercourses and in the facilities to be constructed/existing facilities caused by the project. As a rule, this includes the yield of the water catchment, capacity and permeability of the aquifer as well as the range, geometry and extent of a lowering of the groundwater level.

Development drawing with a list of strata (if necessary, a drawing of the strata profile)

• Scaled sectional drawing of the well with entry of:
  Closure structure, sealing sections, full pipe sections, filter sections, lining materials, still water level of the groundwater (with date) and location of the pump.
• Present the results of the drilling in a layer sequence in accordance with DIN 4023 with geological classification of the drilling profile.
• Specify the characteristics of the aquifer (e.g. thickness, permeability/kf value, groundwater flow direction and groundwater gradient).

Hydrogeological report with water balance

If a hydrogeological report is required, information on the groundwater conditions, the water balance/usable groundwater resources, neighboring groundwater uses and, if applicable, the location in or near water protection areas is required.

Documents on existing extraction facilities

Expansion plan and list of layers of the existing facility (see planning requirements)

Basic investigation for drinking water

A basic investigation (DIN 2001-1) is carried out to check whether the existing water source is directly suitable for drinking water supply or requires treatment. The specific scope of the test is determined by the public health department.
The results of the basic examination can also be uploaded under "Information on water quality".

Spring discharge measurements

Measurement to estimate the source yield, for example via volume flow filling time measurement (manual), flow measurement (pipe).

(Partial) exemption from the obligation to connect and use (written confirmation from the municipality)

In many municipalities, there is an obligation to connect to and use the public water supply system according to the municipal statutes. If you wish to deviate from this despite existing municipal infrastructure facilities, a written (partial) exemption from the municipality is required.

Cross-section of the excavation pit

For dewatering measures in the course of construction projects, with details of the extent and depth of the excavation pit, groundwater level, location of planned pump sump and so on.

Soil expertise

If a subsoil report is required, this provides information on the quality of the soil with regard to its suitability as a building site and on the foundation and stability of the planned project.

Proof of prohibition of deterioration/objective achievement requirement

According to Section 47 (1) of the German Federal Water Act (WHG), you must manage groundwater bodies in such a way that

• a deterioration of their quantitative and chemical status is avoided and
• good quantitative and good chemical status is maintained or achieved.

Use the provisions of the Groundwater Ordinance (GrwV) to assess and classify the chemical and quantitative status.

You can find out from the competent authority whether you need to submit a detailed "Technical contribution to the Water Framework Directive".

EIA report or application for preliminary EIA assessment (see Annex 1 No. 13 of the EIA Act)

If your planned project is subject to the obligation to carry out an environmental impact assessment (EIA), you must submit an EIA report. The content is set out in Section 16 (1) of the Environmental Impact Assessment Act (UVPG).
The competent authority informs and advises the project developer on the content, scope and level of detail of the information that the project developer is likely to have to include in the EIA report (scope of investigation in accordance with Section 15 (1) sentence 1 EIA Act).

Whether the project is subject to an EIA is determined in certain cases as part of a preliminary assessment by the authority. Contact the responsible authority for this.

Nature conservation report

• If applicable, landscape conservation plan, species protection assessment, FFH preliminary assessment or FFH compatibility study

If your project is likely to have an impact on nature and the landscape, the information required to assess the impact must be provided, in particular on the location, type, extent and timing of the impact as well as the measures planned to prevent, compensate for and replace the impact and information on the actual and legal availability of the areas required for compensation and replacement.

An accompanying landscape conservation plan illustrates this with text and maps.

To ensure compliance with species protection regulations, it must also be checked whether the project will harm protected animals or plants.

A "special species protection assessment" (saP) must be carried out for European bird species and species listed in Annex IV of the Habitats Directive.

If your project affects a flora-fauna-habitat area (FFH area), the competent authority must check whether the project will have a significant impact on the area, or whether a significant impact is to be expected in a preliminary assessment.
You must provide the necessary documents for this.

You may have to provide further nature conservation documents.

Other documents

• For example, construction descriptions and construction drawings, certificates of stability, proof of suitability of the facilities to be operated, the facility components or technical safety precautions, a list of structures and information on those responsible for maintenance and cost contributions

Costs

Costs (fees) are generally incurred for the granting of a water permit. These are usually based on the economic or other interest in groundwater abstraction/groundwater use as well as the official costs.

The basis for the calculation of fees is the legal ordinance and statutes of the respective competent authority as well as the regulations of the State Fees Act.

The state of Baden-Württemberg charges a water abstraction fee for the use of groundwater and surface water. Anyone who, among other things, extracts, extracts, discharges or discharges groundwater is liable to pay the fee. The extracted water must be used for water supply, i.e. to meet water requirements, for example as drinking water, process water, domestic water, cooling water or fire-fighting water.

There is an obligation to pay for groundwater abstraction

• for public water supply from 4,000 cubic meters/year and amounts to EUR 0.10 per cubic meter
• for groundwater abstraction from 4,000 cubic meters/year and amounts to EUR 0.051 per cubic meter.

The amount of the fee depends on

• origin (in this case groundwater),
• quantity and
• intended use (public water supply or company water supply).

The basis for calculating the charge is the amount of water actually withdrawn, which is usually recorded using appropriate measuring devices (e.g. a water meter).

Groundwater abstraction for the purpose of irrigation or sprinkling of agricultural, horticultural and forestry land is exempt from charges.
This includes plant cultivation including ornamental plant cultivation and tree nurseries, viticulture, horticulture and landscaping as well as forestry.

 Water Resources Management Act (WHG) (opens in a new tab):

• § 8 Permission, authorization
• § Section 9 Uses
• § Section 46 Use of groundwater without a permit
• § Section 47 Management objectives for groundwater
• § 48 Compliance with groundwater

 Water Act for Baden-Württemberg (WG) (opens in a new tab):

• § 42 Permit-free uses
• § Section 93 Permit and authorization procedures
• § 100 ff. Fees for water abstraction
• § Section 82 Responsibility

 Environmental Impact Assessment Act (UVPG) (opens in a new tab):

• § 4 et seq. Environmental impact assessment

 Baden-Württemberg Environmental Administration Act (UVwG) (opens in a new tab):

• § 10 ff. Environmental impact assessment