Water forms part of the common assets of the nation. Its protection, value enhancement and its development as a usable resource, while respecting natural balances, are in the general interest.

Water use belongs to all, within the framework of the laws and regulations as well as prior established rights.

The provisions of this law are aimed at the balanced management of water resources.

The purpose of this balanced management purpose shall be to ensure:

- the preservation of aquatic ecosystems, of sites and wetlands; wetlands are understood as land, whether used or not, usually flooded or constantly or temporarily drenched with water, that is fresh, brackish or salt; most of the plants, if any, are hygrophilous at least part of the year;

- the protection against all pollution and the restoration of surface and groundwater quality, and ocean water within the boundaries of the territorial waters;

- the development and protection of water resources;

- value enhancement of water as an economic resource and the allocation thereof;

in order to satisfy, with different uses, activities or works, the requirements of:

- public health and hygiene, of civil defence and the supply in drinking water to the population;

- of the conservation and free flow of water and protection against flooding;

- of agriculture, fisheries and aquaculture, of fresh-water fishing, industry, energy production, transportation, tourism, leisure and nautical sports as well as any other lawful human activities.

The Master Water Development and Management Plan(s) shall set forth, for each basin or basin group, the basic guidelines for the balanced management of water resources, as provided for in Article 1.

These shall take into account the major programmes approved by the public authorities that define in general and standardised terms water quantity and quality objectives as well as developments required to reach these. These shall define the perimeter of the sub-basins covering a hydrographic unit.

Programmes and administrative decisions in the water field must be compatible or made compatible with these provisions. The other administrative decisions must take into account these Master Plans.

The Master Water Development and Management Plan(s) are drafted at the initiative of the Prefect coordinating the basin, by the competent basin committee within a period of five years of the publication of this law.

The basin committee shall seek the participation for the above-mentioned drafting, of the representatives of the State and the relevant regional and general councils, which shall refer all useful information within the scope of their authority.

The basin committee shall hear the opinion of the regional councils and general councils concerned by the proposed Plan that it has decided on. These opinions are considered as approvals if they are not rendered within a period of four months following the transmittal of the draft Master Plan.

The Master Water Development and Management Plan shall be approved by the basin committee and ratified by the administrative authority and amended pursuant to the procedures provided for in the paragraphs hereinabove.

In each basin, the regional Prefect where the basin committee is headquartered, shall direct and coordinate the State's policy in the field of regulation and management of water resources in order to foster the unity and coherence of the decentralised actions of the State in this field in the relevant regions and departments.

Decrees provided for in Article 8 specify the conditions of intervention of the Prefect coordinating the basin, in particular with respect to the management of crisis situations, as well as the means of all kinds needed to carry out missions entrusted to said Prefect by this law.

In a grouping of sub-basins or a sub-basin covering a hydrographic unit or an aquifer system, a Water Development and Management Plan shall set forth the objectives for general use, of value enhancement and quantity and quality protection of surface and groundwater resources and aquatic ecosystems as well as the preservation of wetlands, in order to satisfy the principles listed in Article 1. Its perimeter shall be determined by the Master Plan referred to in Article 3; failing which, it shall be determined by the representative of the State, after consultation or upon the proposal of the territorial authorities and after consulting with the basin committee.

A local water commission shall be established by the representative of the State in order to draft, amend and monitor the application of the Water Development and Management Plan.

It shall be composed as follows:

Said Water Development and Management Plan shall record the conditions of water resources and the aquatic environment. It shall list the various uses of current water resources.

The Plan shall take into account guideline documentation and the programmes of the State, the territorial authorities and their groupings, of joint local or regional authorities, of public corporations, of other public law legal entities, and semi-public corporations and syndicate associations under the law of June 21, 1865 having an effect on the quality, allocation or use of water resources.

The Plan shall list the priorities to be focused on in order to reach the objectives defined in the first paragraph, taking into account the protection of the natural aquatic environment, of the need to enhance the value of water resources, of the likely development of rural space and the balance to be ensured between the various water users. It shall assess the economic and financial needs required for its implementation. Said Plan must be compatible with the guidelines determined in the Master Plan referred to in Article 3 of this law, if one exists.

The proposed Water Development and Management Plan, drafted or amended by the local water commission, shall be submitted for review to the relevant general and regional councils and the basin committee. The basin committee shall ensure harmonisation of the Water Development and Management Plans within its sphere of jurisdiction.

The proposal shall be made public by the administrative authority, and contain in its Annex, the opinions of the persons consulted. This file shall be available for public consultation for a period of two months.

At the end of this period, the Water Development and Management Plan, with eventual modifications taking into account the remarks of the general public, the opinions of the General Councils, the Regional Councils and the basin committee, shall be approved by the administrative authority. It shall be available for public consultation.

When the Water Development and Management Plan has been approved, decisions taken with respect to water by the administrative authorities and applicable within the perimeter defined by said Plan, must be compatible or made compatible with said Plan. Other administrative decisions must take into account the provisions of said Plan.

The local water commission shall be informed of developments, documents or programmes having an effect in the perimeter of the Water Development and Management Plans and the decisions referred to in the preceding paragraph.

A decree shall determine, as need be, the terms and conditions of implementation of this Article.

If there are no approved Water Development and Management Plans, navigation on the watercourses of non-motorised nautical pleasure craft shall be allowed in compliance with the laws and regulations and riparian rights.

In order to facilitate the implementation of the objectives set forth in the Water Development and Management Plans, interested territorial authorities and their groupings exercising all or part of the powers listed in Article 31 may form a local community water association. Said public corporation shall be established and operated according to the provisions regulating one of the public corporations referred to in Title VI of Chapter 1 of the Municipal Code ["Code des Communes"] or Title VII of the law of August 10, 1871 on General Councils.

Associations and syndicates of physical or legal entities involved in activities in connection with to water may be associated with the work of said public corporation, on a consultative basis.

Within the confines of its perimeter of jurisdiction, the local water community may exercise all or part of the powers listed in Article 31.

Said local water community shall draft and adopt a multi-annual action programme, after referring the matter for approval to the local water commission.

A decree shall determine the conditions of implementation of this Article.

The general rules for the preservation of the quality and the allocation of surface, ground and ocean waters within the limits of the territorial waters, shall be determined by a decree of the "Conseil d'Etat".

These general rules shall set forth:

1° Quality standards and measures required for restoring and preserving said quality, in relation to the various uses of the water or their cumulated use;

2° Water allocation rules, in order to accommodate the interests of the various user categories;

3° Conditions under which:

4° The conditions under which the sale or distribution of products or mechanisms may be prohibited or regulated that, under normally foreseeable operation, are likely to harm the quality of the aquatic environment.

5° Conditions under which the department entrusted by the authorities regulating water and discharges or the relevant activity, may carry out technical inspections of the facilities, work or operations and the conditions under which the cost of these inspections way be transferred to the operator, the owner or the person in charge of the operations in the event the regulations are breached. Verifications in connection with all types of discharges, including radioactive discharges, not carried out by public laboratories, can only be carried out by approved laboratories.

In addition to the general rules referred to in Article 8, instructions that apply nationally or are specific to certain areas of the territory, shall be determined by a decree of the "Conseil d'Etat" in order to ensure compliance with the principles mentioned in Article 2.

These decrees shall determine, in particular, the conditions under which the administrative authority may:

1° Take measures restricting or temporarily suspending water uses in order to deal with a threat or the consequences of disasters, draughts, floods or a risk of shortage;

2° Issue, while respecting the general balance of rights and obligations resulting from public service concessions granted by the state, special regulations applicable to facilities, works and activities

using water or which modify the level or characteristics of the water flow, and the conditions under which drillings, water intake, dams, discharges works or projects, in particular in water-resource preservation areas that have been declared in the public interest for the current or future supply of drinking water;

3° Determine the special provisions applicable to and for the protection of springs and deposits of natural mineral water.

I. - The following are subject to the provisions of this Article: facilities, infrastructures, works and activities carried out for non-domestic purposes by any physical person or legal entity, public or private and involving the withdrawal of surface or groundwater, whether restituted or not, a change in the level or type of water flow or of spills, run-off, discharges or dumping, whether direct or indirect, chronic or occasional, even if non-polluting.

II. - Facilities, infrastructures, works and activities referred to in paragraph I are defined in a list, set forth in a decree of the "Conseil d'Etat", after consultation with the National Water Committee and submitted to authorisation or declaration, depending on the risks involved and the seriousness of their effects on the water resources and aquatic ecosystems.

Furthermore, said decree shall define the criteria for domestic use and in particular the volume of water above which water withdrawal is assimilated to such use, as well as other forms of use of which the impact on the aquatic environment is too negligible to justify that these be subjected to authorisation or declaration.

III. - The following are subject to the provisions of the administrative authorities: facilities, infrastructures, works and activities that may create risks for public health and safety risk hampering the free flow of water, diminishing water resources, significantly increasing the danger of flooding and seriously damaging the quality or diversity of the aquatic environment.

The following are subject to declaration: facilities, infrastructures, works and activities that, though not creating such risks, must nevertheless comply with the instructions issued in application of Article 8 and 9.

If the principles referred to in Article 2 of this law are not complied with through the application of the above-mentioned instructions, the administrative authority may impose, by administrative order, any specific instructions required.

The instructions required for the protection of the principles referred to in Article 2 of this law, the monitoring means, the terms and conditions for technical inspections and the means of intervention in the event of an incident or accident, shall be determined in the authorisation order, and, if need be, in any additional orders taken after issuance of the authorisation.

A decree shall determine the conditions under which the instructions referred to in the two preceding paragraphs shall be drafted, modified and notified to third parties.

IV. - Authorisation shall be granted after a public investigation, and if need be, for a limited period. A decree shall determine the conditions for granting the authorisations, without a prior public investigation, if the work, facilities or activities are of a temporary nature and have a negligible non-lasting effect on the natural environment.

The authorisation may be revoked or amended, without indemnity of the State carrying out its police powers, in the following circumstances:

1° In the interest of public health, and in particular when said revocation or amendment is required for supplying the population with drinking water;

2° To prevent or curb flooding or in the event of a threat to public safety;

3° In the event of a major threat to the aquatic environment, and in particular if the aquatic environment is subject to critical hydraulic conditions that are non-compatible with their preservation.

4° When the works or facilities are abandoned or are not maintained on a regular basis.

The petitioner must be notified of any authorisation refusal, revocation or amendment.

V. - Water regulations for hydroelectric plants shall be issued jointly under Article 10 of the law of October 16, 1919 on the use of hydroelectric energy and this Article.

These regulations may be subject to amendments without, however, compromising the general balance of the concession.

VI. - In any event the rights of third parties are and shall remain unaffected.

VII. - Current facilities and infrastructures must be made to conform to the provisions taken in application of section II hereinabove, within a period of three years from the date of publication of this law.

Facilities subject to authorisation or declaration under the law No. 76-663 of July 19, 1976 on regulated facilities in connection with the protection of the environment must also respect the provisions provided for in this law. Joint implementation regulations may be issued under these two laws without affecting the authority and the procedures implemented for the application of the above-mentioned law No. 76-663 of July 19, 1976.

Facilities subject to authorisation or declaration under Article 10 of this law enabling, for non-domestic purposes, the withdrawal of surface water or discharges, as well as any groundwater pumping facilities, must be equipped the appropriate measuring or assessment means. Their operators, or, failing which, the owners shall be required to ensure the installation and operation, to keep corresponding the data for three years and to make said data available to the administrative authority as well as public law legal entities of which the list is set forth by decree.

Current facilities must be made to conform with the provisions of this Article within a period of five years from the publication of this law.

I. - The following paragraph shall be added to Article L. 20 of the Public Health Code ["Code de la Santé Publique"]:

"If a drawing point, an infrastructure or reservoir, existing at the date of the publication of law No. 64-1245 of December 16, 1964 on the regime and allocation of water and water pollution control, does not enjoy natural protection sufficient to ensure water quality, protection perimeters shall be determined by a declaration of public interest, within a period of five years as of the publication of law No. 92-3 of January 3, 1992 on water. "

II - Within a period of two years as of the publication of this law, all water bills shall include an amount computed taking into account the volume actually consumed by the customer of a water distribution service and may, additionally contain an amount computed independently of said volume, taking into account fixed costs of the service and the features of the connection.

However, exceptionally, the Prefect may authorise the implementation of a rate structure that is not directly proportional to the total volume consumed, subject to conditions specified in a decree of the "Conseil d'Etat", at the request of the Mayor, if the water resource is naturally abundant and there are a limited number of users connected to the network, or the commune's populations varies substantially.

III - Data on water quality for human consumption and in particular the results of testing carried out within the framework of health inspections and testing carried out on the property of private individuals shall be public and communicable to third parties.

Prefects shall be required to inform Mayors regularly of the data regarding the quality of water distributed, in plain language, understandable by every user.

Data on the quality of water distributed shall be posted at the town halls and any other publicity measure appropriate subject to conditions set forth by decree.

I. - Two sentences shall be added to paragraph one of Article 1. 736 of the Public Health Code drafted as follows: "It may apply to non-contiguous land. Inside these perimeters any activities, dumping or facilities which may damage, directly or indirectly water quality may be prohibited or regulated."

II. - The following paragraph shall be added to Article L. 737 of the Public Health Code, drafted as follows:

"Other activities, dumping or facilities which may damage directly or indirectly water quality may also be subject to authorisation or declaration by a decree creating the protection perimeter. "

III. - The following words shall be added at the beginning of Article L. 738 of the Public Health Code: "Works listed" shall be replaced by "works, activities, dumping or facilities mentioned."

IV. - To Article L. 739 of the Public Health Code:

a) In paragraph one, after the words :"underground works", shall be inserted the words: "or due to other activities, remittals or facilities";

b) The same paragraph shall be completed by the words "or activities".

c) In the beginning of paragraph two, after the words "the works" the words "or activities" shall be inserted.

V. - To Article L. 743 of the Public Health Code, after the words "The occupation of the land included within the perimeter" the following words shall be inserted "or the application of Articles L. 736 to L. 740 hereinabove."

VI. - In paragraph one of Article L. 744 of the Public Health Code, the following words "suspension, prohibition or destruction of works in the instances specified in Articles L. 738, L. 739 and L. 740" shall be replaced by the words "measures imposed in application of Article L. 736 to L. 740."

VII - In paragraph two of Article L. 744 of the Public Health Code, the words: "articles L. 738, L. 739 and L. 740" shall be replaced by the words: "Articles L. 736 to L. 740".

If hydraulic improvement works, other than those conceded or authorised in application of the above-mentioned law of October 16, 1919, have the purpose of, or result in the regulation of the flow of a non State-owned watercourse or an increase in its flow during a low-water period, all or part of the artificial flow may be affected, by declaration of public interest, on a section of said watercourse and for a fixed period, to certain uses, without prejudice to the application of Article 45 of the law No. 87-565 of July 22, 1987 on the reorganisation of civil defence, the protection of forests against fires and the prevention of major risks.

The act declaring a public interest is valid as an authorisation under this law and shall determine, subject to conditions provided for by decree, in addition to instructions for its installation and operation, the following:

Without prejudice to the liability incurred vis-à-vis the beneficiary of the affected flow, anyone who does not comply with the instructions defined in the Act declaring public interest shall be liable for a fine of FRF1,000 to FRF80,000.

The provisions of this Article shall be applicable to the hydraulic improvement works authorised prior to the publication of this law.

In the flood-prone sections of valleys not covered by a plan on exposure to natural foreseeable risks, the administrative authority may draft Floodable Surface Area Plans defining technical instructions to be complied with in order to ensure the free flow of waters, conservation of flooding fields and the operation of the ecosystems these represent.

In areas covered by a Floodable Surface Area Plans, provisions of paragraph two et seq. of Article 5-1 of the law No. 82-600 of July 13, 1982 on compensation of victims of natural disasters shall apply.

A decree of the "Conseil d'Etat" shall determine the conditions under which the Floodable Surface Area Plans shall be drafted as well as the nature of the technical instructions applicable thereto.

I. - Two paragraphs shall be added after paragraph one of Article 83 of the Mining Code ["Code Minier"], drafted as follows:

"In any event, the holder of the title or authorisation shall draft a survey of the cumulated effects of the works on the presence, accumulation, emergence, volume, flow and quality of waters of all types, shall assess the foreseeable consequences of abandoning the works or the operation on the situation thus created on the uses of the water and indicate compensatory measures considered.

After having consulted with the concerned territorial authorities and heard the holder of the title or authorisation, the Prefect shall prescribe the works to be carried out to restore to their original state, preserve in their current state or adapt to the needs, the essential characteristics of the aquatic environment enabling meeting the objectives referred to in Article 1 of the law No. 92-3 of January 3, 1992 on water."

II. - A sentence shall be added to paragraph two of Article 83 of the Mining Code drafted as follows: "The deposit in the hands of a State public accountant of the sums needed for carrying out the works required in application of the preceding paragraph may be mandated under the conditions provided for in Article 17 of the law No. 92-3 of January 3, 1992 on water."

The prefect and the mayor concerned must be informed, as soon as possible, by any person having such knowledge, of any incident or accident presenting a risk for public safety, the quality, circulation or conservation of water.

Persons having caused the incident or accident and the operator, and if there is no operator, the owner, shall be required, as soon as they have knowledge thereof, to take or order the taking of all feasible measures to have the cause of the risk or damage to the aquatic environment cease, and to assess the consequences of the incident or accident and to correct these.

The Prefect may instruct the persons mentioned hereinabove on the measures to be taken to have the observed damage cease or limit its seriousness and in particular the testing to be carried out.

In the event of failure to act, and if there is a risk of pollution or destruction of the natural environment, or, moreover, for public health and the supply of drinking water, the Prefect may take or carry out the required measures at the expense and risks of the persons liable.

The Prefect and Mayor concerned shall inform the populations by all appropriate means of the circumstances of the incident or accident, of its foreseeable effects and the measures taken to correct it.

Agents of the public fire and emergency services shall have access to private property in order to end the causes of the risks or damage to the aquatic environment and prevent or limit the consequences of the incident or accident.

Without prejudice to the compensation for the other losses incurred, public law legal entities having intervened materially or financially have a right to reimbursement of the costs they incurred, by the person(s) liable for the incident or accident. On this basis they may become civil parties before the criminal jurisdictions charged with prosecutions in connection with the incident or accident.

The following authorities shall have powers to investigate and record violations of the provisions of law and regulations and decisions taken for its application:

1° Commissioned agents acting under oath, belonging to government services in charge of the environment, agriculture, industry, infrastructure, transports, maritime services, health and defence;

2° Agents referred to in Article 13 of the above-mentioned law No. 76-663 of July 19, 1976;

3° Agents referred to in Article 4 of the law No. 61-842 of August 2, 1961 on atmospheric pollution control and amending the law of December 19, 1917;

4° Customs agents;

5° Agents with jurisdiction in the field of fraud prevention;

6° Commissioned agents acting under oath, from the National Bureau of Forests and the Higher Fisheries Council;

7° Researchers, engineers and technicians, acting under oath, of the French Institute for Ocean Research and Development;

8° Port Officers and their Deputies;

9° Engineers serving at the National Forest Bureau and agents acting under oath thereof, referred to in Article L. 122-7 of the Forestry Code ["Code Forestier"];

10° Commissioned agents acting under oath, of the National Parks.

Rural policemen commissioned for the purpose may be authorised to record violations referred to in this Article under conditions set forth by decree.

For purposes of investigating and recording violations, the agents referred to in Article 19 shall have access to the premises, facilities and places where the operations, at the source of the violations, are carried out, with the exception of the domicile and premises serving as the party's domicile. Owners and operators shall be required to allow free passage. The agents may only have access to said premises between 8 A.M. and 8 P.M., or at other times if the facility is open to the public or activities are underway.

The Public Prosecutor shall be informed before hand of the planned operations for the investigation of violations. He may object to these operations.

Violations of the provisions of this law and the regulations adopted for its application shall be recorded in minutes which shall serve as evidence until contrary proof is furnished.

The above-mentioned minutes must be addressed, subject to being null and void, to the Public Prosecutor within five days of having been completed. A copy is also given to the concerned party within the same period.

Whoever has discharged, poured or let spill into surface waters, groundwater or ocean waters within the boundaries of territorial waters, directly or indirectly, one or several substances of which the action or reactions have, even temporarily, caused harmful effects to health or damaged the flora or fauna, except for damages referred to in Article L. 232-2 of the Rural Code and Article 6 of the decree of January 9, 1852 on maritime fishery, or a significant change in the normal supply of water or restrictions in the use of swimming areas, shall be liable for a fine of FRF2,000 to FRF500,000 and imprisonment of two month to two years, or one of these two penalties only. If the discharge was authorised by administrative order, the provisions of this paragraph shall only apply if the instructions of said order have not been complied with.

The court may also require that the convicted persons restore the aquatic environment within the framework of the procedure provided for in Article 24.

The same penalties and measures shall be provided for anyone who has discharged or abandoned waste in large volume into the surface or groundwater or ocean waters within the territorial boundaries, on beaches or the seashore. These provisions do not apply to discharges carried out by vessels on the high seas.

A fine of FRF2,000 to FRF120,000 and imprisonment from two months to two years, or one of these penalties only, is provided for anyone who, failing the required authorisation for an action, an operation, a facility or infrastructure, either carries out said action, leads or carried out said operation, operates said facility or infrastructure, or implemented or participated in the implementation of said facility or infrastructure.

In the event a previous offence had been committed, a fine of FRF10,000 to FRF1,000,000 shall be provided.

In the event of a conviction, the court may order that the operations, the use of the infrastructure or the facility be terminated. Immediate enforcement of this decision may be ordered.

The court may also require measures provided under the preceding paragraph as well as restoration of the site, within the framework of the procedure provided for in Article 24.

The court, to which the prosecution has been referred to for failure to make a declaration may order termination of the operation or prohibition of the use of the facilities or the infrastructures, within the framework of the procedure provided for in Article 24.

In the event of prosecution for violations of the provisions of Articles 22 and 23 or for failure to make a declaration or of any other obligation in connection with this law or the regulations or individual decisions taken for its application, the court may, after having ruled that the defendant is guilty, decide to postpone its ruling on the penalty, enjoining said defendant to comply with the mandatory instructions breached.

The court shall impose a deadline for carrying out these instructions. The court may attach to the injunction a coercive penalty, and shall set its amount and maximum duration. Its amount shall be FRF100 to FRF20,00OF per day of non compliance in executing the imposed measures.

Postponement can only take place once. It may be ordered even if the defendant does not appear in person. In any event, the decision may order immediate enforcement.

At the trial hearing, if the instructions referred to in the injunction were executed within the set period, the court may either exempt the guilty party from a penalty, or impose the penalties provided.

If the instructions were executed late, the court shall fix, if need be, the amount payable as a coercive fine and impose the penalties as provided.

If the instructions were not executed, the court shall fix, if need be, the amount payable as a coercive fine and may further order that the execution of these prescription be carried out ex officio at the convicted person's expense.

Sentencing shall take place at the latest one year after the postponement decision.

The amount of the coercive fine, as determined in the postponement decision may not be modified.

In determining the amount payable as a coercive fine, the court shall evaluate the non-execution or late execution of the instructions, taking into account, if need be, the occurrence of events which are not the fault of the defendant.

Whoever operates a facility or an infrastructure or carries out works in violation of a measure putting it out of use, or the revocation or suspension of an authorisation or the or the decision to terminate a facility or a measure prohibiting same, decided in application of this law, shall be subject to a penalty of two months to two years imprisonment and a fine of FRF20,000 to FRF1,000,000 or one of these two penalties only.

The same penalties shall be provided for whoever continues to operate or use an installation or an infrastructure without complying with the order giving formal notice, issued by the Prefect, to comply, at the expiration of a predetermined period, the technical instructions provided for in the authorisation or the regulations taken in application of this law.

Whoever hinders the carrying out of the duties entrusted by this law to the agents referred to in Articles 8 and 19 shall incur a penalty of two to six month jail and a fine of FRF5,000 to FRF50,000 or one of these two penalties only.

In the event of a conviction for the offences to the provisions of this law or the regulations and administrative orders taken for its application, the court may order, at the convicted person's expense, publication in full or in abstract of its decision and, eventually, the publication of a message, of which the terms shall be explicitly defined by the court, informing the public of the reasons and substance of its decision, in one or several newspapers chosen by said court and the posting of said decision subject to the conditions and penalties provided for, as applicable, in Articles 51 and 471 of the Penal Code ["Code Pénal"], however, the cost of this publicity must not exceed the amount of the fine provided.

Independently of criminal prosecution, in the event of non-compliance with the provision provided for in this law or the regulations and individual decisions taken for its implementation, the Prefect may give formal notice to comply with such, within a predetermined period. If, at the end of said period, the injunction was not complied with by the operator or failing which by the owner of the facility, the Prefect may:

The amount of the penalties provided for in Articles 24, 27 to 29, 57 to 59 and 214 of the State Public Property Waterways and Inland Navigation Code ["Code du domaine public fluvial et de la navigation intérieure"] is of FRF1,000 to FRF80,000. In Article 214 of the same Code, the words: "in the event of a repeated offence, a fine of FRF480 to FRF7,200" shall be deleted.

Decision taken pursuant to Article 10, 12, 18 and 27 of this law may be appealed before the Administrative Courts subject to the conditions provided for in Article 14 of the above-mentioned law No. 76-663 of July 19, 1976.

In the event of non-compliance with the instructions imposed under Article 8, 9 and 10, all useful measures, including the prohibition to operate the relevant infrastructure or facility, may be ordered to stop the disturbance, or under orders from the Prosecution acting at the request of the administrative authority or an association meeting the conditions set forth in Article 42, or even ex officio by the Examining Magistrate in charge of prosecution, or by the Criminal Court. The court shall rule after having heard the operator or having duly ordered said operator to appear within forty-eight hours. The court decision shall be enforceable immediately, notwithstanding appeals. The withdrawal of the measure ordered may take place when the disturbance has ceased.

Subject to compliance with the provisions of Articles 5 and 25 of the State Public Property Waterways and Inland Navigation Code, territorial authorities and their groupings as well as syndicate associations established pursuant to Article L. 166-1 of the Municipal Code and the Local Water Community have authority to employ the procedure provided for in the last two paragraphs of Articles 175 and Articles 176 through 179 of the Rural Code to undertake the study, the execution and the operation of all works, infrastructures or facilities of public interest or urgency, within the framework of the Water Development and Management Plan if one exists and aimed at:

The study, execution and operation of said works may be conceded, in particular, to semi-public corporations. The concession holders shall be justified in receiving payment for the cost of contributions provided for in Article 175 of the Rural Code.

A single public investigation under Article 176 of the Rural Code, of Article 10 of this law and, if need be, of the declaration of public interest.

A decree of the "Conseil d'Etat" shall determine the conditions of implementation of this Article.

At the end of paragraph seven of Article L. 142-2 of the Urbanism Code ["Code de l'urbanisme"], the following words shall be added: "and for the acquisition, by mutual agreement or by exercising a right of preemption referred to in Article L. 142-3, improvement and management of paths alongside watercourses and water bodies."

The law No. 83-663 of July 22, 1983 completing the law No. 83-8 of January 7, 1983 on the allocation of authority between communes, departments, regions and the State shall be modified as follows:

I. - The paragraph one of Article 5 shall be drafted as follows:

"The region shall have authority to create canals and river harbours on these canals and to improve and operate navigable waters and river harbours located on the navigable waters transferred to it by decree in the "Conseil d'Etat" upon proposal of the relevant Regional Council."

II. - Four paragraphs shall be added to the same Article 5, drafted as follows:

The regions, departments and communes, their groupings, the syndicate associations established pursuant to Article L. 166-1 of the Communal and the Local Water Community Code have authority to develop, maintain and operate watercourses, canals, lakes and State-owned water bodies, struck of the list of navigable waters or never having been listed, transferred to them by decree of the "Conseil d'Etat", upon the proposal of the relevant municipal assembly or board of directors of the local water community.

These transfers shall be carried out subject to the existence in the basin, the group of sub-basins or sub-basins covering a hydrographic unit, of a Water Development and Management Plan.

The beneficiaries of a transfer of authority pursuant to this Article may concede, within the scope of their respective authority, the development, maintenance, and operation of watercourses, canals, lakes and water bodies to public law legal entities or to semi-public corporations or to associations."

III. - In paragraph one of Article 7 of the above-mentioned law, the words "for all navigable waters" shall be replaced by the words: "for all watercourses, canals, lakes and State-owned water bodies".

The territorial authorities or their public corporations or groupings, concession holders of watercourses, canals, lakes and water bodies that are part of public State owned property, shall be substituted to the State for the implementation of Article L. 29 of the Code of State-owned Property ["Code du Domaine de l'Etat"].

I. - After Article L. 372-1 of the Municipal Code, Article L. 372-1-1 shall be inserted, drafted as follows:

"Art. L. 372-1-1. - Communes shall mandatorily pay for expenses in connection with collective sanitation systems, in particular wastewater treatment plants and the elimination of sludge by-products, and spending on inspection of non-collective sanitation systems.

They may pay for expenses in connection with the maintenance of on site sanitation systems.

The extent of the services related to municipal sanitation and the time period within which these services must be actually furnished shall be determined by a decree of the "Conseil d'Etat", related to the characteristics of the communes and in particular to the size of the total populations, aggregated and seasonal."

II. - All of the services provided for in Article L. 372-1-1 of the Municipal Code must in any event be furnished on the entire territory at the latest before December 31, 2005.

III. - Article L 372-3 of the Municipal Code shall be drafted as follows:

"Art. L. 372-3. - Communes or their groupings shall determine, after a public investigation:

- collective sanitation areas where domestic wastewater collection and storage, purification, discharging or reuse must be carried out for all waters collected;

- areas subject to non-collective sanitation where communes are only required, in order to protect public health, to ensure the verification of sanitation devices and, if need be, their maintenance;

- areas where measures must be taken to limit soil waterproofness and to ensure control of the rainwater flow and runoff;

- areas where facilities must be provided to ensure collection, eventual storage and, as need be, treatment of rainwater and runoff if pollution these contribute to the aquatic environment risk seriously damaging the efficiency of the sanitation devices."

IV. - Article L. 372-6 of the Municipal Code shall be drafted as follows:

"Art. L. 372-6. - The public sanitation services shall be managed financially as services of an industrial and commercial nature."

V. - In Article L. 372-7 of the Municipal Code, the words: "in Article 35-5" shall be replaced by the words "in Articles L. 33 and L. 35-5".

I. - Two paragraphs shall be added to Article L. 33 of the Public Health Code drafted as follows:

"A commune may decide that between the entry into service of a sewer and its connection to a building or termination of the period granted for establishing the connection, it will be paid by the owners of the connectable building a sum equal to the fee established pursuant to Article L. 372-7 of the Municipal Code.

Buildings that are not connected must be equipped with independent sanitation facilities maintained in good operating order. This obligation does not apply to abandoned buildings or to building that, pursuant to regulations, are scheduled for demolition, or will no longer be used."

II. - At the end of paragraph three of Article L. 34 of the Public Health Code the following words shall be added: "and shall verify the conformity."

III. - A sentence shall be added to Article L. 35-1 of the Public Health Code drafted as follows:

"The commune shall verify the conformity of the corresponding facilities."

IV. - The following shall be added to Article L. 35-5 of the Public Health Code:

" ... or [it] is the owner of an autonomous sanitation facility, to the fee [it] would have paid to the public sanitation service."

V. - Article L. 35-10 shall be added to the Public Health Code drafted as follows:

"Art. L. 35-10 - Agents of the sanitation service shall have access to private properties for the implementation of Articles L. 35-1 and L. 35-3 or to carry out inspections of non-collective sanitary facilities and their maintenance if the commune has decided to that it be ensured by the service.

Buildings and facilities used for non-dwelling purposes and which are not subject to authorisation or declaration under the above-mentioned law No. 76-669 of July 19, 1976 or this law must, within a period of five year as of the date of publication of this law, be equipped with a non-domestic effluent treatment device, designed to handle the volume and nature of the activity and ensuring adequate protection of the natural environment.

The conditions under which authorisation may be given to spread effluents shall be determined by decree.

I. - The following words shall be added to paragraph three of Article L. 122-1: "and water management"

II. - A paragraph shall be inserted after paragraph fourteen of Article L. 123-1 of the Urbanism Code, drafted as follows:

"12° Define the areas referred to in Article L. 372-3 of the Municipal Code. "

III. - In paragraph one of Article L. 421-3 of the Urbanism Code, after the words: "dimensions", the following words shall be inserted: "their sanitation".

IV. - A paragraph shall be added to Article L. 443-1 of the same Code, drafted as follows:

"If these lands are served by a public sanitation system, the provisions of Article L. 421-5 of this Code shall apply for their issuance."

I. - Article L. 323-9 of the Municipal Code shall be drafted as follows:

"Art. L. 323-9. - City operated concerns, that are legal entities and have financial autonomy shall be established and their administrative and financial organisation shall be determined by a deliberation of the City Council. These shall be managed by a board of directors and a manager appointed under the same conditions by proposal of the Mayor.

A decree by the "Conseil d'Etat" shall determine, as necessary, the terms and conditions for the implementation of this Article."

II. - Article L. 323-13 of the same Code shall be drafted as follows:

"Art. L. 323-13. - City operated concerns that only have financial autonomy shall be established and their administrative and financial organisation shall be determined by a deliberation of the City Council. These shall be managed under the Mayor's and the City Council's authority, by an operating board and a director, appointed under the same conditions by proposal of the Mayor.

A decree by the "Conseil d'Etat" shall determine, as necessary, the terms and conditions for the implementation of this Article."

A department may make available to communes or their groupings an expert report on the operation of public treatment and sanitation devices. This technical assistance service for public treatment plants shall be managed by a committee to which are associated the State and its public corporations if they contribute to its financing. The provisions of contracts in force at the date of publication of this law may continue to apply for a maximum period of five years.

I. - The following provisions shall be added to paragraph one of Article L. 231-6 of the Rural Code: "or of enhancing the tourism value, in the latter event, and when applying to water bodies, authorisations and concessions stipulate that line-fishing on water bodies shall be allowed. Any person line-fishing on these water bodies must have paid the tax referred to in Article L. 236-1, unless exempted under the conditions determined in Article L. 236-2, be the physical person owning the water bodies or carry out such line-fishing in water bodies of a surface of under 10,000 square meters."

II. - After paragraph four of Article L. 231-6 of the Rural Code, the following paragraph shall be inserted:

"Fishery pens created without authorisation before January 1, 1986 shall be, at the request of their owner, granted a variance by the administration, subject to the conditions determined by decree. The owners must file their requests before January 1, 1994."

Associations legally declared for five years from the date of an act, and whose articles of association have the purpose of protecting all or part of the interest referred to in Article 2, may exercise the rights recognised to civil parties regarding acts which are violations of the provisions of this law or regulations enacted for its implementation and which cause a direct or indirect loss to the collective interests that these associations have the purpose of defending.

A decree by the "Conseil d'Etat" shall determine the conditions of implementation of Articles 10, 12, 19 and 20 to operations, works or activities regarding facilities or areas within the jurisdiction of the Ministry of Defence or subject to the rules of protection of national defence secrets.

In each overseas department, a basin committee shall be established that, in addition to the powers conferred by Article 13 of the law No. 64-1245 of December 16, 1964 on the regime and allocation of water and pollution control, shall be associated to the implementation of administrative structures which may appear necessary and, if need be, to the drafting, within a period of two year as of the enactment of this law, of the adaptations facilitating the implementation, in the department, of the above-mentioned law No. 64-1245 of December 16, 1964 and this law.

Articles 1 to 27, 31, 35, 36, 42 and 43 shall be applied to the territorial authority of Mayotte.

Articles 13, paragraph 11, 28, 32, 33, 34 and 38 shall not be applied to the territorial authority of Saint-Pierre-et-Miquelon.

I - The following shall be repealed:

- The legislative decree of August 8, 1935 on the protection of groundwater;

- Articles 30 to 33 of the law of April 8, 1898 regarding the water regime.

II. - In Articles 175 of the Rural Code and L. 315-9 of the Municipal Code, the following shall be repealed:

III. - In Article 84 of the Mining Code, the words: "the effect of general measures ordered by decree inside a special water development area" shall be deleted.

IV. - However, the laws referred to in paragraphs I and II of this Article and repealed thereby, shall remain in force until the publication of the decrees implementing the provisions of this law, these shall then be substituted to the former.

The above-mentioned law of October 16, 1919 shall be modified as follows:

I. - Article 13 shall be drafted as follows:

"Art. 13. - Eleven years after the expiration of the concession, the concession holder shall request renewal thereof.

At the latest, five years before said expiration, the administration shall make a decision, either to permanently terminate said concession at its regular expiration, or to create a new concession as of said expiration.

Should the administration fail, prior to said date, to notify its decision to the concession holder, the current concession shall be extended subject to the prior terms, but for a period equal to the excess.

When the new concession is established, the current concession holder has a right of first refusal if he accepts the new terms of the final contract. This new concession must be in place at the latest on the day of expiration of the current concession, i.e., either at the normal date of expiration, or if the preceding paragraph has been applied at the new date determined according to the provision of said paragraph. Failing which, to ensure continuity of operations, the concession title shall be extended under the previous terms until the time when a new concession is issued."

II. - Paragraphs three and four of Article 16 shall be replaced by four paragraphs drafted as follows:

"Five years at least before the expiration of the authorisation, the authorisation holder shall file a renewal request.

At the latest, three years before said expiration, the administration shall decide either to permanently terminate said authorisation at its expiration, or to create a new authorisation beginning at the expiration date.

Should the administration fail, before said date, to notify its decision to the authorisation holder, the current authorisation shall be extended under the previous terms, but for a period equal to the excess.

When a new authorisation is issued, the current authorisation holder has a right of first refusal if he accepts the new terms of the water regulation. This new authorisation must be issued at the latest on the day of expiration or the current authorisation, i.e., either at the normal date of expiration, or if the preceding paragraph has been applied at the new date determined according to the provision of said paragraph. Failing which, to ensure continuity of operations, the authorisation shall be extended under the previous terms until the time when a new concession is issued."

III. - Article 18 shall be modified as follows:

1. The last sentence of paragraph two shall be repealed.

2. The following words shall be added to paragraph three: "shall apply only to concessionable concerns".

3. At the end of paragraph four, the words: "of a new authorisation or a concession", shall be replaced by the words: "a new concession."

Before expiration of a period of one year as of the publication of this law, the Government shall present to the office of Parliamentary Assessment of Scientific and technological Options a review on implementation of this law and the objectives and means of action required for reducing dispersed water pollution.

This law shall be enforced as a law of the State.