The law has been passed by the National Assembly and the Senate and has been promulgated by the President of the Republic, the terms of which are as follows :

The purpose of the provisions of this Part I of the law is water pollution control and regeneration for the purpose of satisfying or conciliating requirements with respect to :

- conservation and flow of water.

These apply to the discharging, draining, throwing back, direct or indirect deposits of all kinds of matter and in general to any occurrence that might cause or increase the degradation of waters by modifying their physical, chemical, biological or bacteriological characteristics, be they surface and groundwater, or sea water within territorial limits.

It is forbidden to discharge or immerse any kind of waste into the sea, particularly industrial or atomic waste, and that which is liable to endanger public health as well as underwater plants and animal life and which may jeopardise the economic and tourist development of the coastal areas. As regards existing discharges the Prefect will determine when this prohibition shall apply to them.

However, after a public enquiry has been made, the Prefect may authorise and regulate the discharge or immersion mentioned in the above paragraph where such discharge or immersion can be so carried out that the discharge or immersion can be guaranteed to be harmless and nuisance-free.

No later than two years after the promulgation of the law, an inventory shall be made of surface waters, namely: rivers, canals, lakes and ponds whether or not they are public property and to establish their degree of pollution.

Forms will be made for each item of surface water based on physical, chemical, biological and bacteriological criteria to determine their individual state. These forms will serve as basis for the inventory of surface waters.

These documents shall undergo a general periodical revision and an immediate revision whenever an exceptional or unexpected change affects the state of the river.

A decree from the State Council shall define the procedure for drawing up these documents and the general inventory which shall be made after mandatory consultation with the National Water Committee stipulated in Article 15.

Decrees will fix;

- the technical specifications and the physical, chemical, biological and bacteriological criteria to be met by the rivers, sections of the rivers, canals, lakes and ponds, and especially the withdrawal providing water for the population.

- the time within which the quality of each receiving medium must be improved to comply with or conciliate the interests defined in Article 1 above.

Without affecting their obligation under the legislation in force, the owners of discharge installations, existing prior to the publication of the decree stipulated in article 3.5 prescribing the improvement of surface water, shall make all arrangements to comply with the conditions which shall be enforced on their effluents pursuant, (within the specified time) in the same decree to article 6 so that the receiving medium will have the characteristics required of it at the end of the said period.

The discharge installations built after publication of the decree prescribing the improvement, shall, as soon as they go into service, supply effluents complying with the conditions enforced upon them, following article 6.

The withdrawals and discharges from new installations built after the Inventory decree are subject to:

State Council decrees determine :

Decrees fixing (as necessary), for each river, each river section, canal, lake or pond, groundwater, sea water within territorial limits, the particular conditions in which the provisions foreseen above apply, as well as the time within which the said provision must be complied with as regards to existing installations.

In every case, the rights of third parties against the pollution perpetrators are reserved and remain so.

Article L.20 of the Code of public health is replaced by the following provisions :

I - "Article L.20 - In order to protect the quality of water, the act stating the public purpose of the work on systems for collecting water for human consumption is determined around the withdrawal point perimeter of near protection within which any activity or any deposits or installations liable directly or indirectly to affect the quality of the water can be forbidden or regulated and, where necessary, a perimeter of distant protection within which the above activities, installations and deposits can be regulated".

II - "A State Council decree determines the condition of application of the above paragraph".

"The act declaring the work on water withdrawal systems for human consumption as being for a public purpose determines, with respect to the activities, deposits and installations existing at its date of publication, the time within which the conditions foreseen in this article and in the above decree must be complied with".

"Acts stating the public purpose of the work involved can, in the same conditions, determine the protective perimeters around existing water withdrawal points, as well as around free running water supplies and buried reservoirs."

The following Article L.20.1 is included in the Code of public health:

"Article L.120.1 - The compensation which may be due to the owners or occupants of land coming within a perimeter protecting the withdrawal of water for human consumption, pursuant to the measures taken to protect the said water, are determined according to the rules which apply to expropriation for public purposes".

The following officials, apart from the officers and men of the Judicial Police, shall carry out the tests stipulated in article 6.3 and shall record the infringements stipulated in this Part I and in the texts issued for its application :

- Customs officers.

The reports of these officers and agents holds good until they are proven wrong.

Article 41 of order nr 58-997 of 23^rd October 1958 is completed with sections 3 and 4 below :

"3 - Buildings expropriated for the purpose of' purifying water coming from industrial, commercial, craft trade or farm buildings, and, in general, from any expropriated buildings in order to avoid water pollution by discharging, drainage, throwing back, direct or indirect depositing of matter from such buildings, when this result can only be obtained by work extending outside the buildings".

"4 - The expropriated buildings included in the tourist or sports development plan of the approaches to a water surface created or developed by the State, the departments, communes and authorised joint associations, the real estate associations or the groups of these local communities, as well as their concessionaires".

The departments, communes, as well as the groupings of these local authorities, the joint associations and the public establishments created pursuant to article 16 hereinafter, are empowered to undertake to study, build and operate any public purpose structures needed to fight water pollution, provide water, control floods, maintain and improve non-State owned waterways, lakes and ponds, ground-waters, drainage and irrigation channels and ditches.

The study, building and operation of the said structures can be conceded to "sociétés d’écononomie mixte".

The standing interdepartmental Committee for regional development matters determines, where applicable the respective area of activity of these local authorities, groups and organisations whose action is subject to its prior agreement.

The local authorities and the groups thereof may collect dues for the developments they undertake themselves. As groups are concerned, the expenditure of the said dues shall be shared between the local authorities concerned according to the conditions stipulated in article 149 of the Municipal Code.

The "sociétés d’écononomie mixte" are empowered to collect the cost of the work and services rendered.

The dues are calculated allowing for the extent to which the debtor causes the development to be necessary or useful or finds it to his advantage.

A Council of State decree sets the bases of apportionment and the assessment base for the dues as well as the application conditions of their rate.

This rate in fixed by prefectoral order or a joint order of the Prefects concerned.

In each catchment area or group, a catchment Committee is formed composed in equal proportions of :

2. representatives nominated by the local authorities,

3. representatives of the Administration.

This organisation is consulted on the advisability of the work and joint interest developments envisaged in the area within its competence, on the differences which might arise between the local authorities or groups concerned and, in a more general manner, on all questions relating to this law.

In each catchment area, or group thereof, a catchment financial Agency is formed as a public administrative establishment having legal status and financial independence, entrusted with facilitating the various measures of joint interest to the catchment area or group thereof.

Each Agency is administered by a Board of Directors formed in equal parts by representatives of the Governmental Departments concerned with water and by representatives of the local authorities and the various categories of users.

The Agency helps in carrying out the studies, research work and structures of joint interest to the catchment areas and in covering their operating expenses, in particular through contributions to the State budget.

The Agency grants subsidies and loans to public bodies and private individuals for carrying out projects of joint interest to the catchment area or groups thereof, directly undertaken by them, to the extent where such projects tend to reduce the financial burdens of the Agency.

The Agency raises dues and collects them from the public bodies and private individuals to the extent where these public bodies and private individuals cause the intervention of the Agency to be necessary or useful or to the extent where it is to their advantage.

The basis of assessment and the rate of these dues are fixed with the agreement of the catchment area Committee.

A State Council decree will fix the terms and conditions of application of this article.

A national water Committee is formed at the Prime Minister’s level and composed of :

1. representatives of the various groups of users,

3. representatives of the State.

The function of this Committee is to:

Public administrative establishments responsible to the State can be formed by the State Council decree, after the public bodies and private individuals have been consulted for the purpose, in a catchment area or part thereof, a waterway or section thereof, or in a given zone, of fighting water pollution, providing water, controlling floods, maintaining and improving non-State owned waterways, lakes and ponds, drainage and irrigation channels and ditches.

Should the "Conseils Municipaux" or at least two thirds of the "communes" concerned, representing more than half their total population, or the "Conseils Municipaux" of at least half the "communes" concerned representing more than two thirds of this population give an adverse opinion, the establishment can be created only after the "Conseils Généraux" concerned have been consulted.

The conditions in which private bodies are called upon to participate in the creation and management of the above mentioned public establishments, as well as the procedure for their creation and the conditions under which they are to function are fixed by State Council decree.

The directing organisation of the public establishment must comprise representatives of all categories of public bodies and private individuals concerned in the fulfilment of its objective. It will particularly include a representative of farming interests, corresponding to their importance, to the extent where these are concerned by the statutory objectives and the powers of the said establishment. More than half its members must be representatives of the State, the local authorities and the public administrative establishments concerned.

In order to meet its expenses, the establishment can collect the dues which are paid to it by the public bodies and private individuals, taking into account the extent to which they have caused the development to be necessary or useful, or find it to their advantage.

Decrees, preceded by a public enquiry whose terms of reference will be fixed by a Council of State decree, determine the general apportionment bases and the basis of assessment of these dues as well as the conditions establishing their rate.

If the public establishment exercises its activity within the bounds of "communes" belonging to the same department, the provisions laid down by the decree foreseen in the previous paragraph are fixed by order of the Prefects.

In every case, the rate of the dues is determined by the Prefect.

When the general interest warrants it, the departments, communes, as well as the groups thereof and the joint associations may be authorised by a Council of State decree to prescribe or be made to agree to the connecting up of private effluents which do not comply with the characteristics of the receiving water, to the drainage systems or purification installations they build or operate. The decree determines the conditions of application of such connecting up.

If the drainage systems and waste water purification installations are operated under contract, the clauses of such a contract cannot have the effect of preventing this connecting up.

The decrees referred to in the first paragraph may compel the private establishment to participate with dues to the extra building or operating expenditure resulting from the discharge of its waste water. The dues are paid in the same manner as direct taxes.

Should the establishment fail to carry out within the stipulated time the work incumbent upon it for connecting up with the public systems, the necessary work shall be carried out automatically at his cost, after formal notice.

Article 185 of the communal administration code is completed as follows:

"20 - the expenditure relating to the running and maintenance of the waste water treatment plants".

On being sentenced to pay a penalty for infringing the provisions of this Part I or of its application texts, the Court shall determine the time within which the work and development required by the regulations must be carried out. When it is not necessary to carry out any work or development, the Court may fix a time limit for the offender to comply with the obligations resulting from the said regulations, should the circumstances require it.

If the work, development or obligations are not carried out within the prescribed time, the offender is liable to a fine of Fr. 2,000 to Fr. 100,000, without prejudice, should the case arise, to the application of any other statutory provisions or regulations in force, specifically the law of 19 December 1917 as amended and Volume III Part II of the Rural Code.

Furthermore, the Court, after hearing the representative of the Administration, can impose a fine which cannot exceed four thousandths of the estimated cost of the work or development to be carried out or forbid the use of the installations which are the cause of the pollution, until such time an the work or development has been carried out or the prescribed obligations executed.

From two to six months imprisonment and a fine of Fr. 10,000 to Fr. 120,000 (or just one of these), will be inflicted on anyone who operates an installation despite a prohibition having been imposed pursuant to the foregoing paragraph.

The Court can also authorise the Prefect, on his request, to carry out of his own accord, the work or development required in order to stop the offence.

When the discharging, draining, throwing back, direct or indirect depositing of matter causing the offence emanate from industrial, commercial, craft trade or farm buildings, the heads or managers of such establishments may be found to be jointly responsible for the payment of the fines and law costs owed by the perpetrators of these offences.

The cost of the work ordered to be carried out pursuant to article 20 or the fourth paragraph of article 21 falls upon the natural or corporate body of which the convicted person is the agent or representative.

Ten days to three months imprisonment will be imposed on anyone who prevents the tests from being carried out or the agents from exercising their functions as stipulated in article 9.

Article 104 of the Rural Code is replaced by the following provisions :

"Article 104 - The general waterways regime is determined, where necessary, so as to reconcile the interests of the various categories of water users, with due regard for the ownership and previously established rights and customs, after a public purpose enquiry, by order of the Minister responsible for the river or the section thereof".

The circulation of motor-boats on a non-State owned waterway, or part thereof, can be prohibited or regulated by prefectoral order, further to the views of the branch entrusted with the supervision of such waterway, or on the request of the resident when such circulation seriously affects the enjoyment of his rights.

The following article 97-1 is added to the Rural Code

"Article 97-1 - When the purpose or consequence of development work other than that conceded or authorised pursuant to the law of 16 October 1919, involving a catchment area or a waterway, is to regulate the flow of a non-State owned waterway or to increase its flow during low water periods, the public purpose instrument may allocate part of the flow of this river to certain users throughout the year".

"To this effect the public purpose instrument fixes "

The user is under the obligation to transfer downstream the reserved flow which may not, however, be greater than the natural flow of the river upstream of the structures, during each of the periods concerned.

"Notwithstanding the provisions of Article 644 of the Civil Code, the right to use the allocated flow is vested in the State".

"A Council of State decree shall determine the conditions of application of this article, particularly those conditions in which the rights thus granted to the State can be conceded".

II. In the provisions of the Rural Code and article 1 of the law of 21 June 1865 as amended, the expressions "non-navigable and non-floatable waterways", "non-navigable nor floatable waterways", or "non-navigable nor floatable rivers" are replaced by "non-State-owned waterways".

The Code of navigable ways and inland navigation is given the title : "Code of public river property and inland navigation"

Volume I of this Code is given the following title "The public river property "

Article 1, 2, 3 and 4 of the public river property Code are replaced by the following provisions :

"Article 1 - The public river property comprises:

The navigable or floatable waterways, from the point where they begin to be navigable or floatable to their mouth, as well as their branches, even if they are not navigable or floatable, if they start below the point where these waterways become navigable or floatable, the marsh and water-meadows drawing their water from the said waterways, the diversions or artificial water withdrawals even those in private property, providing they have been made by the State in the interest of navigation or floating".

"Navigable or floatable lakes as well as the reaches made on the public waterways on condition that the submerged lands have been purchased by the State or by the concession holder for return to the State at the termination of the concession".

"The canalised rivers, navigation canals, ponds or supply reservoirs, boundary trenches and other outworks "

"Public ports located on navigable ways and their ancillaries";

"Public works built on the bed or banks of navigable or floatable ways for navigational or towing safety and facility".

"The waterways, lakes and canals which, having been struck off the list of navigable and floatable ways, have been retained as public property".

"The waterways and lakes as well as their diversions classified as public property according to the procedure stipulated in article 2.1 for the purpose of providing navigable ways with water, meeting the water requirements of farming and industry, -the needs of the population or flood protection."

"Public property waterways and lakes are called State-owned waterways and lakes".

"Article 2- The navigable or floatable parts of a river or lake are determined by decree, made after enquiry as to the nuisance that may be caused, all the rights of the third parties being reserved, further to the report of the Minister entrusted with the supervision or management of the waterway or lake in question and the Minister of Economy and Finance."

"Article 2.1. - The registering of a waterway, section thereof or a lake as public property, for one of the reasons listed in the penultimate paragraph of article 1, is decided, after a public purpose enquiry, by Council of State decree made further to the report of the Minister or Ministers concerned and the Minister entrusted with the supervision or the management of the said waterway or lake, after hearing the views of the Minister of Economy and Finance, all the rights of the riverside residents of the waterway or owner of the lake being reserved".

"The compensations that may be due owing to the injury caused by this registration are decided as for expropriation for public purposes, with due regard to the possible advantages to those concerned".

"Article 3 - Natural or artificial navigable or floatable waterways, forming part of State public property, may be struck off the list of navigable or floatable waterways and maintained as public property by Council of State decree, further to the views of the Minister of Economy and Finance, in the conditions fixed by a Council of State decree".

"Article 4 - The de-registering of State-owned waterways or lakes, whether navigable or not, and the canals belonging to State public property is decided, after a public purpose enquiry, by Council of State decree taken further to the report of the Minister of Public Works and Transport or the Minister of Agriculture if he is entrusted with the management of the waterway or lake, after hearing the views of the Ministers of Finance, Internal Affairs and Industry respectively, and where applicable, after hearing the views of the Minister of Agriculture or the Minister of Public Works and Transport in the conditions laid down by State Council decree.

Part II of Volume I of the public river property and inland navigation Code is given the following title:

"The waterways and lakes as well an their diversions classified as public property according to the procedure stipulated in article 2.1 for the purpose of providing navigable ways with water, meeting the water requirements of farming and Industry, -the needs of the population or flood protection".

Public property waterways and lakes are called State-owned waterways and lakes.

"Article 2 - The navigable or floatable parts of a river or lake are determined by decree made after enquiry as to the nuisance that may be caused, all the rights of the third parties being reserved, further to the report of the Minister entrusted with the supervision or management of the waterway or lake in question and the Minister of Economy and Finance.

*Article 2.1. - The registering of a waterway, section thereof or a lake as public property, for one of the reasons listed in the penultimate paragraph of article 1, is decided, after a public purpose enquiry, by Council of State decree made further to the report of the Minister or Ministers concerned and the Minister entrusted with the supervision or the management of the said waterway or lake, after hearing the views of the Minister of Economy and Finance, all the rights of the riverside residents of the waterway or owner of the lake being reserved".

"The compensations that may be due owing to the injury caused by this registration are decided as for expropriation for public purposes, with due regard to the possible advantages to those concerned".

"Article 3 - Natural or man-made navigable or floatable waterways, forming part of State public property, may be struck off the list of navigable or floatable waterways and maintained as public property by Council of State decree, further to the views of the Minister of Economy and Finance, in the conditions fixed by a Council of State decree".

Article 4 - The de-registering of State-owned waterways or lakes, whether navigable or not, and the canals belonging to State public property is decided, after a public purpose enquiry, by Council of State decree taken further to the report of the Minister of Public Works and Transport or the Minister of Agriculture if he is entrusted with the management of the waterway or lake, after hearing the views of the Ministers of Finances Internal Affairs and Industry respectively, and where applicable, after hearing the views of the Minister of Agriculture or the Minister of Public Works and Transport in the conditions laid down by Council of State decree.

Part II of Volume I of the public river property and inland navigation Code is given the following title:

"Special provisions of State-owned waterways and lakes".

Articles 10, 15.1 and 2, 16, 19 and 20 of the public river property and inland navigation Code are replaced by the following provisions :

"Article 10 - The ownership of the alluvial deposits, sand banks, deposits, islands and islets which form naturally in State-owned rivers is regulated by the provisions of articles 556, 557, 560 and 562 of the Civil Code".

"Where State-owned lakes are concerned, the provisions of Article 558 of the same Code apply".

Article 15 – Resident property owners along the rivers entered on the list of navigable or floatable ways are required to leave a space 7.8 metres wide along the banks of the said rivers, as well as on the islands where required, for navigation purposes and wherever there is a tow path.

"They may not plant trees nor build hedges or other enclosures save at a distance of 9.75 metres on the bank where boats are towed, and 3.25 metres where no tow-path exists ."

"Resident properties of a State-owned waterway struck off the list of navigable or floatable ways or registered as public property pursuant to article 2.1, as well as the resident properties of a State-owned lake are required to leave this 3.25 metres servitude (known as footpath servitude) on each bank of the latter. When a waterway is already subject to the servitude stipulated in decree n^o 59-96 of 7 January 1959, this servitude is maintained".

(The remainder of the article is unchanged)

"Article 16 - When the needs of the navigation service permit it, the distances set by the first two paragraphs of the preceding article, with respect to towing servitude; will be reduced by Ministerial order".

"When fishing and the maintenance requirements of the river permit it, the distance set by the third paragraph of the preceding Article for the footpath servitude may be reduced exceptionally by Ministerial order".

"Article 19 - When a lake, river or part thereof is registered as a public river property, or is recorded on the list of navigable or floatable ways and thereby subjects the resident landlords to the servitude laid down by article 15, compensation is due to them proportional to the inconvenience suffered, due account being taken of the advantages they may derive from this registration or recording.

Resident landlords will also be entitled to compensation when the towpath servitude is introduced for navigational needs where it did not exist before".

"Article 20 - Any disputes with respect to the compensation due to the landlords resulting from the introduction of tow-path and footpath servitude are judged by the courts competent in matters of expropriation for public purposes.

In article 5 of the public river property and Inland navigation Code, the words : 'the waterways conceded pursuant to this article', are replaced by 'the waterways and lakes conceded pursuant to this article'.

In Article 7 of the said Code, the words "non-navigable or non-floatable rivers" are replaced by "non-State-owned waterways and lakes".

In Articles 8 and 18 of the said Code, the words "navigable or floatable rivers", are replaced by "State owned waterways".

In Articles 11 and 12 of the said Code, the words "a navigable or floatable river" are replaced by "a State-owned waterway".

In Article 14 of the said Code, the words "the cleaning of State-owned navigable or floatable waterways and their ancillaries" are replaced by "the cleaning of State-owned waterways and their ancillaries".

In Articles 27 and 28 of the said Code, the words "navigable rivers and canals" are replaced by "State-owned river, and canals".

Chapter 2.2. of Part III of the said Code is given the following title :

"Special provisions for water withdrawals on State-owned waterways".

In Article 35 of the said Code, the words "non navigable or floatable rivers" are replaced by "non State-owned waterways and navigation canals".

Until the implementation texts of Articles 24 and 26, and Article 3 of the public river property and inland navigation Code as amended by Article 29 above come into force, the present provisions shall continue to be applicable.

In Articles 403.1 and 2, 406, 426, 433 and 444 of the Rural Code, the words "navigable or floatable" are replaced by "State-owned".

Jointly owned waterways are those where the right to use the water is vested in the State, subject to the provisions of Article 38 hereinafter, and the bed belongs to the residents.

Of these waterways, the right to use the water which is vested in the State is exercised in the same way as it is for State-owned waterways.

The residents are not subject to any State dues on the water which they may be permitted to use as provided in Article 644 of the Civil Code.

The withdrawals made by virtue of rights based on title deeds and those carried out by the riverside residents in the conditions in which they did so previously to the registration pursuant to Articles 644 and 645 of the Civil Code are not subject to the dues.

The right to fix is exercised by the riverside residents in the conditions fixed by Articles 407 and following of the Rural Code.

The bed belongs to the riverside residents who may carry out therein the rights recognised by Articles 98, 99, 100, 101 and 102 of the Rural Code.

The provisions relating to cleaning, widening and straightening provided for in Articles 25, 28, 114, to 122, 175 to 178 of the Rural Code apply to all the users or residents, due account being taken of the advantages they derive from the use of the water, or the bed of the waterway.

The registering of a waterway or part thereof or a lake as being a joint ownership waterway is decided, after a public purpose enquiry, by State Council decree, further to the report of the Minister entrusted with the supervision or the management of the said waterway, after having heard the views of the Ministers concerned, all the rights of the residents and third parties being reserved.

This registration only involves the transfer to the State of the right to use the water subject to title deeds, rights and the rights exercised over the water during registration by the application of Articles 644 and 645 of the Civil Code. Due vote is taken of these rights, in the conditions laid down by a State Council decree by the Administration save for an appeal to the Court of First Instance. Subject to the provisions of Chapter III, Part II, these rights may only be totally or partially suppressed by expropriation for public purposes.

The compensation which may be due for the injury caused by this registration is fixed as for expropriation for public purposes, due account being taken of the advantages derived by those concerned.

The de-registration of a Joint ownership waterway is decided, after a public purpose enquiry, by State Council decree, further to the report of the Minister entrusted with the supervision or the management of the waterway concerned, after having heard the views of the Ministers concerned.

Any installations for withdrawing groundwater for non-domestic purposes is made known to and comes under the supervision of the Administration in the conditions defined by State Council decree. This decree determines the flow rate as from which these provisions apply. Any discharging or discarding of waste water or waste of any kind into disused wells, bore holes or withdrawal tunnels must be notified and come under administrative inspection, without prejudice to the rights of third parties.

A State Council decree sets the application conditions of the above provisions.

II. Article 12 of the law of 21 June 1865 as amended is modified as follows :

" For the work specified in nos. 1, 1 bis, 1 ter, 2, 3, 4, 5, 8 to 11 of Article 1 .... "

(no change for the remainder)

The following words are added to Article 84 of the Mining Code between the words "and public establishments" and "and this will be provided by the Prefect" :

"the effect of the general measures decided by decree within a special water development zone".

Article 101 of the Mining Code is completed as follows:

"as well as to safeguard in the vicinity of mines, the withdrawal of water declared to be for public purposes and intended for the consumption of human communities and the effect of the general measures decreed within special water development zones".

The second paragraph of Article 107 of the Mining Code is completed as follows :

"to safeguard the withdrawing of water declared to be for public purposes and intended for the consumption of human communities and the effect of the general measures decreed within special water developments zones".

Article 123 of the Rural Code is replaced by the following provisions :

"Article 123 - Any natural and corporate body wishing to use water for drinking purposes, for irrigation or, generally, for the needs of their business, which they have the right to utilise may obtain a right of way for the passage of such water through the intermediate strata in the most rational conditions and those causing the least damage to the present and future use of these strata, subject to just and prior compensation."

"Houses are exempt from this servitude in every case".

"Yards and gardens belonging to the said houses are also exempt".

II. Article 124 of the Rural Code is completed by the following provisions :

"Waste waters from houses and businesses provided with water pursuant to Article 123 of the Rural Code may be ducted by underground pipes to collecting or purification plants under the same conditions and reservations stipulated in Article 123, concerning the piped provision of such water".

State Council decrees, further to a public enquiry, determine special water development zones and declare as being of public purpose the plans for the distribution of water resources of the zone according to the nature and place of the requirements to be met, and indicate the waterways, sources, groundwater, lakes or ponds comprised in the zone to which the provisions of Articles 47 to 50 apply.

A public administration regulation shall determine the terms of reference of the above public enquiry, which shall enable all natural or corporate bodies involved throughout the land area concerned to be consulted where the projects submitted to the enquiry may have consequences.

The decree provided in the first paragraph or the decrees intervening in the same form may stop water diversion programmes and work programmes intended to allow or ensure the application of the distribution plan; they may declare the public purpose of all or part of the diversion or work programmes approved.

The proclamation of the public purpose of the distribution plan and of the diversion programmes only entail the effects foreseen in this law.

Any diversion, off taking or drawing involving the waters indicated in the decrees foreseen in Article 46 and generally any work liable to modify the regime thereof or the mode of flow is subject to an administrative permit as from the application of the said decrees.

A ruling is given in every case after the holding of a public enquiry. The permit stipulates the conditions to which the work is subject and, where applicable, the use to be made of the waters. Diversion permits may be granted for a set duration.

Requests for permits are examined in the light of the distribution plans and diversion programmes of the waters as provided in Article 46. They may only be refused if they impede such plans and programmes.

All administrative permits previously granted and, especially the public purpose proclamation instruments foreseen in Article 113 of the Rural Code, as well as the public purpose proclamation instruments or those granting concessions or hydraulic power development permits, are permits within the meaning of this Article. The corresponding water withdrawals are nevertheless subject to the other provisions of this chapter.

The decrees referred to in Article 46 may dispense certain categories of work from authorisation because of their insignificant effect on the water regime.

Within a special water development zone, any landlord or person operating water diversion, withdrawing or drawing installations and, generally, structures liable to modify the regime or mode of flow of the water of a lake, pond, spring or groundwater, is obliged to notify such installations.

However, some categories of structures whose effect on the water regime is insignificant may be dispensed from the notification stipulated in the preceding paragraph, by the decree creating the zone or by a subsequent decree issued in the same form.

In all cases and irrespective of the location of the installations referred to in the first paragraph, the landlord or operator shall allow the duly authorised agents of the Administration free access to such installations and provide them with every information on the quantities withdrawn, the conditions of such withdrawing and the use made of the water.

The Prefect prescribes by order, and after enquiry, the transformations of and restrictions on drawings, diversions and structures of all kinds concerning the waters indicated by the decrees stipulated in Article 46 and whose existence or operation impede the implementation of the public purpose water distribution plans and diversion programmes. If, as a result of the enquiry, these transformations and restrictions bring about a reduction in the activity of the water user and unless the Administration proposes the substitution foreseen in Article 52, a ruling is given by decree.

As soon as the public enquiry called pursuant to Article 46 has begun, the safeguarding measures foreseen in Article 48 may be applied in the "communes" or parts of "communes" within the project area and indicated by an order of the Prefect.

Furthermore, in the same "communes" or part of "communes", as from the same date and until the decree foreseen in Article 46 comes into force, without the time limit exceeding one year, no water diversion, withdrawing or drawing and, generally, no work likely to modify the water regime or flow indicated in the decree subject to enquiry may be undertaken without the authorisation of the Prefect. Requests for permits are examined in the light of the water distribution plans and diversion programmes under enquiry. They can only be refused if they are liable to impede the carrying out of such plans and diversions.

However, some kinds of structures whose effect on the water regime is insignificant may be dispensed from the notification or permit by order of the Prefect.

Public administrative establishments whose purpose is to carry out the objectives fixed by decree within a special water development zone may be set up in the conditions provided in Articles 16 and 17 of this law.

When the measures taken pursuant to this Chapter or Articles 84, 101 or 107 of the Mining Code to ensure the execution of the general measures decided by decree within a special water development zone cause injury, the compensation due owing to such injury, is decided, failing an amicable settlement, according to the procedure stipulated in Chapter III of order No 58-997 of 23 October 1958 dealing with the change in the rules or expropriation for public purposes.

The compensation is fixed in cash.

However, the Administration may partially or totally avoid paying the compensation by offering other water supplies to the user whose entitlement to the water might have been altered or suppressed. The Court of competent jurisdiction in matters of expropriation for public purposes shall rule on the disputes relative to the equivalence of the water supply offered.

Any new user of the water designated by the decrees stipulated in Article 46 may be called upon to pay dues taking into account the advantages from which he benefits.

The same applies for any previous user who proposes to increase the volume of water he withdraws. The terms and conditions of these dues are determined as stated in Article 17.

On being condemned to a penalty for infringing the provisions of Articles 40 and 46 to 57 or the texts implementing them, the Court shall determine the time within which all arrangements shall be taken to stop the offence and prevent its recurrence.

Should the infringement not have ceased within the prescribed time, the offender is liable to a fine of Fr. 2,000 to 100,000. Furthermore, the Court may, after hearing the representative of the Administration, forbid the use of the installations which have not been permitted or notified.

Two to six months imprisonment and a fine of Fr. 10,000 to Fr. 100,000 or one or the other only, will be inflicted on anyone who uses an installation in defiance of a prohibition made pursuant to the preceding paragraph.

In the cases foreseen in this article, the Court may also authorise the Prefect, on his request, to carry out of his own accord at the cost of the offender, the development work needed for the infringement to cease.

Ten days to three months imprisonment and a fine of Fr. 400 to Fr. 20,000, or one or the other only, will be inflicted on anyone who prevents the tests from being carried out or the agents from exercising their functions as stipulated in Article 57 below.

The tests foreseen in Articles 40 and 48 above and the recording of the infringements to the provisions stipulated in Articles 40 and 46 to 57 as well as their application texts, shall be carried out, apart from the officers and men of the Judicial Police, by sworn officials and agents commissioned to do so of the "service des ponts et chaussés", "qervice du génie rural" and "service des mines".

The reports drawn up by these agents shall hold good until they are proven wrong.

A State Council decree determines the conditions in which the measures for the construction and maintenance of the public and private networks and installations may be enforced to avoid water wastage.

The following activities are dispensed from the notifications, authorisations, transformations and restricting measures foreseen in Articles 40, 47, 48 and 49 above, but are subject to the provisions of this law which are not contrary to the texts which govern them : mines, ore deposit and quarry prospecting and working subject to the provisions of the Mining Code, underground gas storage exploration and operation subject to the provisions of order No. 58-1132 of 25 November 1958, underground liquid hydrocarbons storage and operation, subject to the provisions of order n^o. 58-1332 of 23 December 1958.

Notwithstanding the provisions of Article 134 of the Mining Code, the samples, documents and information concerning the research, production or the regime of groundwater immediately become public property.

The provisions of this law do not apply to mineral waters such as they are defined by the decree of 12 January 1922.

The present law shall be carried out as a State law.

Made in Paris on 16 December 1964,