Water withdrawal from surface water bodies

Under the right of public use, any person may use small quantities of water from surface waters for bathing, wading, watering livestock, and drawing water, provided that the rights and privileges of others, as well as the nature and quality of the water, are not impaired. The water flow of the body of water must not be reduced. Public use does not apply to dams, reservoirs, or impoundments. Structures in or on bodies of water may also not be erected without a permit (for more information, see “Structures on Surface Waters”).

The impoundment, withdrawal, and discharge of water from surface water bodies—such as for supplying a pond system or fish farm—require a permit. Permit procedures are subject to a fee.

Ownership of an adjacent property alone does not entitle the owner to alter the natural shoreline or riverbed.

Applications may be submitted in any format, provided they include a detailed description of the specific project and, if applicable, the relevant planning documents.

Key requirements for a favorable decision are:

• Ensuring Minimum Water Flow

Water withdrawals from surface waters are permitted only if the discharge volume necessary to ensure the water body’s functionality and performance as part of the natural ecosystem and as a habitat is maintained.

Due to the drought during the summer months, the Fulda District may issue a ban on water withdrawal at certain times of the year. Please refer to the public notices for more information.

• Maintaining Passability

When water is withdrawn, the watercourse in question must remain passable for fish and aquatic organisms.

For projects that go beyond the water uses mentioned above, the Kassel Regional Council, Department III—Environmental Protection, Bad Hersfeld (Hubertusweg 19, 36251 Bad Hersfeld) is responsible for issuing permits for water withdrawals from surface waters.