Environmental Engineering Reference
In-Depth Information
Table 7.1
(continued)
English
Source/Original Text
Section 3: Swiss Civil Code (1912)
SR 210, Schweizerisches Zivilgesetzbuch
(ZGB)
http://www.admin.ch/ch/d/sr/
Art. 664
Abandoned sites and the property of the public
domain are subject to state policing on the
territory on which they are located.
Public
In the absence of evidence to the contrary, public
water bodies, as well as regions unsuitable for
cultivation, boulders, masses of fallen rocks,
névés (firns), glaciers and their springs shall not
be considered private property.
Cantonal legislation regulates those things which
are free, such as the exploitation of common use
public properties, such as roads, open spaces,
water courses and river beds.
Art. 704
Springs are components of the property and can
only be owned in conjunction with the ground
from which they arise.
Private
The law of spring waters from external property is
to be established as subservience through
registration in the land register.
Groundwater is on equal terms with spring waters.
Art 709
Cantonal legislation can reconcile use laws between
neighbours or other persons, notably for the
extraction of water, the watering of livestock,
water sources, springs, and streams which are
private property.
Art. 711
The title bearer of sources, springs or streams which
are not useful for him, or which have an
unreported use with their worth, is required to
divest against full indemnity (with compensa-
tion?) for the drinking water services, hydrants
or other public good services in general.
Art. 712
Title bearers of drinking water can demand the
relinquishing of the surrounding ground, in the
instance of expropriation, so far as the
protection of their water sources against
contamination is necessary.
Section 4: Legal provisions at the Canton
level in the Valais
A full listing of Cantonal Acts,
Ordinances and Decision is available
at:
http://www.vs.ch/Navig/navig.asp?
(continued)
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