Water law authorisation

Which permit obligations result from the Water Act?

Not every project or measure involving water bodies requires a permit under water law. What actually requires a permit under water law is regulated by the Water Act(WRG).

In particular, a permit under water law is required:

1. Installations for the thermal use of groundwater according to § 10 WRG (see guidelines of the Tyrolean Urban Water Management)
2. Land drainage (infiltration of precipitation water), insofar as the degree of insignificance according to § 32 WRG is exceeded (see information sheet)
3. Construction water drainage according to Article 40 WRG
4. Special construction works according to Article 38 WRG (construction and modification of bridges, footbridges and structures on banks, as well as other structures within the boundaries of the flood discharge area)
5. Discharges into water bodies, insofar as the degree of insignificance according to Article 32 WRG is exceeded (to be clarified with the authority in each individual case)
6. Wastewater treatment plants according to Article 32 WRG
7. Water protection and regulation structures according to Article 41 WRG

In addition to the licensing requirements stipulated in the WRG, further licensing obligations may arise in the area of water protection and sanctuary areas from the respective ordinances.

Furthermore, it should be noted that for certain simple projects, the WRG provides for a notification obligation instead of a permit obligation (see Article 114 WRG).

Can precipitation waterbe discharged into the sewer?

In principle, all precipitation water must be disposed of in accordance with ÖNORM B 2506 and ÖWAV - Regelblatt 45 using state-of-the-art technology. The prerequisite for this is the suitability of the subsoil. If infiltration is not possible, this requires a corresponding connection contract with the sewer operator (Innsbrucker Kommunalbetriebe AG). The discharge of precipitation water into a surface water is in any case subject to approval under water law (see information sheet).

Which documents do I need for an application for a water law permit or for a notification?

The documents required for an application for a water-law permit or for a notification can be found in Article 103 WRG. Depending on the type of project, additional documents may also be required. Before preparing the submission documents, you are therefore welcome to ask the authority about the requirements in the specific case.

Please note that the documents must be prepared by a competent person and must be submitted in quadruplicate in the case of water use and, as a rule, in triplicate (paper form!) in the case of other facilities.

If your project will temporarily or permanently occupy a municipal property, you will need a civil law declaration of consent from the City of Innsbruck. Responsible for this is the Service Unit Real estate matters

How does the procedure work?

The procedure is governed by the Water Resources Act.

1. Application by the applicant
2. Preliminary assessment by the water authority (Service Unit Building, water and plant law ) and referral to experts
3. Review of the expert’s report by the water authority (Service Unit Building, water and plant law )
4. Oral hearing with all affected parties (for the group of parties, see Section 102 of the WRG. In cases where the facts and legal situation are straightforward, this may be omitted in individual cases.
5. Issuance of the decision, subject to conditions where necessary.
6. Implementation of the project in accordance with the conditions set out in the decision

What costs will I incur in the course of the procedure?

The fees and charges must be calculated individually for each procedure. The main legal bases for the costs are the Fee Act, the Federal Administrative Fee Ordinance and the Ordinance of the Tyrolean Provincial Government on Commission Fees.

How long does the approval or notification procedure take?

Pursuant to Section 73 of the General Administrative Procedures Act (AVG ), the decision-making period in the approval procedure is generally six months from receipt of a fully documented application.

In the notification procedure, the maximum duration of the procedure is three months from receipt of a fully documented notification.

I have received a water law permit – are there any other matters I need to be aware of?

Yes, specifically the deadline for completion of construction and the expiry date of the water law permit:

Deadline for completion of construction

The notice sets out a binding deadline for completion of construction. The completion of the installation must be reported to the authority in writing without delay, so that the authority can inspect the work.

Failure to meet the construction completion deadline may result in the permit being revoked. However, before the deadline expires, it is possible to apply for an extension of the construction completion deadline, provided reasons are given.

Time limit on the water law authorisation

Water use rights are subject to a time limit in accordance with the provisions of the Water Act (WRG). The time limit must not exceed 25 years for water abstraction for irrigation purposes and 90 years in all other cases.

Holders of a time-limited water use right may apply for the renewal of that right no earlier than five years and no later than six months before the expiry of the licence period. If the application is submitted in good time, the current holder is entitled to have the right renewed, provided that no public rights preclude this and the water is used in accordance with the state of the art. In this case, the expiry of the authorisation period is suspended until a final decision has been made on the application for renewal (see Section 21 of the Water Act).

Who can give me information about drinking water?

If you have any questions about drinking water in Innsbruck (e.g. about quality, hardness, etc.), please contact IKB (Innsbrucker Kommunalbetriebe AG) .