Water Security Act: Legal Foundations and Significance
Origin and Purpose of the Water Security Act
The Water Security Act (WSiG) is a federal German law that specifically aims to ensure the supply of drinking and process water in times of crisis within the context of national public services and public security. It was first enacted on August 24, 1965 (Federal Law Gazette I p. 961) and establishes key regulations to supply the population and relevant facilities in exceptional situations, such as defense cases or disasters, with adequate water. This legislation is primarily a component of civil crisis management and is closely linked with other security statutes.
Purpose of the Law and Scope of Application
Objective and Purpose of the Law
The purpose of the Water Security Act is to ensure the supply of drinking and process water to the general public, certain protected areas (such as hospitals and emergency services), and the economy in times of tension or defense, as well as in other exceptional emergencies. It serves the preparation and implementation of state measures to prevent or minimize interruptions or disruptions to the water supply.
Scope of Application
The material scope encompasses all publicly and privately organized waterworks, water supply companies, and their infrastructure across the entire federal territory. The law extends to all facilities and companies that contribute to public water supply.
Contents of the Regulations Under the Water Security Act
Priority Regulation and Control Powers (Section 1)
The WSiG empowers authorities, in cases of emergency or disaster, to issue orders for the control, management, and assurance of water supply. The supply according to this law takes precedence over other uses, provided that the supply relevant to survival and public welfare is affected.
Obligatory Measures and Directives
Authorities may instruct water supply companies, plant operators, and private individuals to provide water reserves or take operational measures. These include, among others:
- Stockpiling of emergency water quantities
- Restrictions on non-essential water usage
- Production adjustments to reduce consumption
- Modernization and safeguarding of critical water technology facilities
Seizure and Securing (Section 2)
As a last resort, the law provides for the possibility of seizing companies, facilities, water reserves, or technical equipment if the supply cannot otherwise be secured. Such measures can be imposed for a limited time and are subject to strict requirements.
Cooperation with the Federal States
The law mandates close cooperation between the federal government and the states to ensure water management tasks. The states are required to create their own water security plans and coordinate the respective measures.
Legal Bases for Intervention and Administrative Enforcement
Rights of Intervention and Administrative Procedures
The intervention authorities enshrined in the Water Security Act are based on the principles of German administrative law. This includes, in particular, the principle of proportionality, the lawfulness of administration, and the possibility of legal remedies. Affected companies or individuals have the right to appeal measures taken under the WSiG.
Compensation Regulations
For disadvantages suffered by companies or individuals as a result of securing measures or seizures, the law provides for appropriate compensation regulations. Such claims for compensation must be asserted in writing. The nature and extent of compensation are determined by the actual economic loss and may be reviewed by courts if necessary.
Application in Times of Tension and Defense
Connection to Emergency and Disaster Law
The Water Security Act is closely related to other laws in the area of emergency and disaster preparedness, especially the Civil Protection Act, the Food Security Act, and the Economic Security Act. In a crisis, the WSiG enables further-reaching interventions in property and economic freedom when necessary to maintain the water supply.
Administration and Operational Implementation
The practical implementation of the measures provided for in the law is carried out by the competent authorities at the federal and state level. In individual cases, so-called water crisis staffs are established to ensure the coordination and execution of the necessary measures.
Current Significance and Practical Relevance
Necessity in the Present Day
In view of increasing natural disasters, infrastructure disruptions, and terrorist threats, the Water Security Act continues to be highly relevant for state preparedness. Regular review and updating of water management security plans are important to ensure smooth operations in the event of an emergency.
Relationship to Other Water Law Regulations
The WSiG supplements the Water Resources Act (WHG), state water laws, and disaster protection law. While the WHG primarily regulates environmental protection, user interests, and management, the Water Security Act prioritizes supply security in times of crisis.
Further Reading and References
- Water Security Act (WSiG), Federal Law Gazette I 1965, p. 961
- Water Resources Act (WHG)
- Civil Protection Act
- Food Security Act
- Economic Security Act
Conclusion
The Water Security Act constitutes an essential part of the German legal framework to ensure supply security in the water sector. It establishes the legal foundations for swift and effective state measures to ensure the supply of drinking and process water in exceptional situations. Public interest, public services, and the protection of critical infrastructures are at the heart of the statutory regulations.
Frequently Asked Questions
What are the legal prerequisites for official interventions under the Water Security Act?
Official actions under the Water Security Act (WasSiG) require that an emergency be determined or at least regarded as imminent according to the provisions of the law. Legally, a formal determination of a security case by the competent authorities, usually at the state or federal level, is regularly required. Interventions must comply with the principle of proportionality and may only be imposed if milder measures are insufficient to maintain or restore the public water supply. Furthermore, the regularity of issuing and implementing orders is legally mandatory, particularly taking into account the rights of appeal and participation of affected parties. The foundation and the procedure are governed not only by the Water Security Act but also by the Administrative Procedure Acts of the states and the Federal Administrative Procedure Act.
What legal protection mechanisms exist for those affected by orders under the Water Security Act?
Those affected, such as water suppliers or owners of water supply facilities, are entitled under the Water Security Act and the general administrative regulations to a right to be heard and adequate information about measures directed against them. Usually, there is a right of objection and, if necessary, the right to file legal action against burdensome measures. In addition, the law provides for claims for compensation: If rights or property are affected by measures under the WasSiG, the affected parties are entitled, upon application, to appropriate compensation. Such claims especially pertain to interventions in property and usage rights and must be determined in detail in accordance with the respective statutory provisions.
Under what legal prerequisites can water withdrawals be regulated or restricted?
The Water Security Act enables the competent authorities to regulate or restrict the supply, distribution, and also the withdrawal of water from public and private facilities as part of a security case. Legally, this requires a specific order, which must be sufficiently defined and based on hazard prevention or ensuring the supply of drinking and process water. The legal basis can be found in particular in §§ 1 ff. WasSiG, whereby these orders must observe the principle of proportionality and must aim to avert serious supply shortages or dangers to significant legal interests. Obligations to tolerate for the operators of water supply facilities may also result legally from this.
What are the legal consequences of violating requirements or orders under the Water Security Act?
Obligations under the law or by order of the authority pursuant to WasSiG are subject to a special sanctions regime. Violations of enforceable orders or requirements are, depending on their severity, subject to fines and can, in serious cases, be prosecuted as administrative offenses under the provisions of the law and the Administrative Offenses Act (OWiG). In addition, unlawful actions may lead to liability for damages to the state or third parties. In cases of repetition or persistent violations, compulsory measures such as substituted performance and coercive fines may also be imposed, provided these have been threatened and set in the administrative procedure.
How does the Water Security Act relate to state water laws?
The Water Security Act is a federal law in the context of concurrent legislation pursuant to Art. 74 para. 1 no. 18 of the Basic Law (GG) and primarily regulates the safeguarding of water supply in the event of defense or other emergencies. The state provisions regarding public water supply remain unaffected, provided they do not conflict with the WasSiG. In the event of a security case, the WasSiG supersedes relevant state law in accordance with the principle of the primacy of federal law. Nonetheless, state authorities are regularly responsible for implementing and executing the measures under the WasSiG, making close coordination and cooperation between federal and state authorities legally required.
What are the legal prerequisites for compensation under the Water Security Act?
The WasSiG explicitly provides for compensation regulations in cases where governmental measures under this law result in interventions in property or property rights. The prerequisite for a compensation claim is first that a lawful intervention has occurred that is no longer considered socially acceptable. Calculation and payment are based on the standards set out in the law, and, in addition to the actual damage suffered, contributory negligence, benefits, and other advantages must also be taken into account. However, in emergency situations, in exceptional cases, a reduction or exclusion of compensation may occur if this is expressly regulated by law and legally justified in the individual case. Legal remedies against the assessment of compensation are available through the administrative courts.
