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Assessment under the Water Legislation

How to handle the matter?

  • During a visit to the office
  • By mail

What should you know and who can use this service?

You must obtain an assessment under the water legislation for investments or activities that may affect the achievement of environmental objectives referred to in Articles 56, 57, 59, and 61 of the Water Law, namely:
  1. Abstraction of groundwater in an amount of at least 1 million m³ per year.
  2. Abstraction of groundwater in an amount of at least 100,000 m³ per year, if the abstraction takes place in a groundwater body at risk of failing to achieve environmental objectives due to its quantitative status, as indicated in the river basin management plan.
  3. Abstraction of surface water in an amount of at least 2.5 million m³ per year.
  4. Long-term lowering of the groundwater table resulting from dewatering of a mining facility.
  5. Groundwater impoundment carried out to increase groundwater resources or to stop groundwater flow above the natural water table level.
  6. Reclamation of surface or groundwater aimed at improving the status of water bodies by restoring their original hydrobiological, economic, or recreational characteristics.
  7. Introduction of substances inhibiting algae growth into inland water reservoirs.
  8. Construction of:
    a) Flood protection structures, such as:
    • River mouth training works,
    • Artificial flood protection reservoirs,
    • Regulatory structures,
    • Breakwaters, or
    • Weirs;
      b) Canals;
      c) Impounding structures:
    • With an impoundment height of at least 0.3 m on:
      • Natural watercourses where the environmental objective is to ensure morphological continuity, or
      • Areas under nature protection forms referred to in Article 6(1)(1–5, 8, and 9) of the Act of 16 April 2004 on Nature Conservation, or within buffer zones of such areas referred to in Article 6(1)(1–3), intended to protect habitats or species for which maintaining or improving water status is an important factor – if the impoundment concerns natural watercourses without existing impounding structures; or
    • With an impoundment height of at least 1 m;
      d) Devices for water transfers or artificial groundwater recharge to increase water resources of other natural watercourses, canals, lakes, and other water reservoirs;
      e) Retaining walls, boulevards, embankments, if their length is at least 500 m.
  9. Regulation of waters over a length of at least 1,000 m of a natural watercourse.
  10. Development of a mountain stream bed over a length of at least 1,000 m of the planned bed.
  11. Shaping a new bed of a natural watercourse over a length of at least 1,000 m of that watercourse.
  12. Alteration of landform on land adjacent to waters affecting water flow conditions over an area of at least 1,000 m², involving:
    a) Raising the land by at least 1 m, or
    b) Lowering the land by at least 2 m – except for actions carried out under a decision on reclamation and land management referred to in Article 22(1) of the Act on the Protection of Agricultural and Forest Land, where reclamation aims to restore the landform existing before degradation occurred.
  13. Execution on a property of more than 3,500 m² of works or permanent structures reducing natural land retention by excluding more than 70% of the biologically active surface of the property located in an area not covered by an open or closed drainage system, situated in a recharge zone within the protective zone of a surface or groundwater intake intended for supplying drinking water to the population.
  14. Removal of silt and debris as part of clearing inland surface waters over a length of at least 1,000 m or an area of at least 10,000 m².
 

When should you handle the matter?

Obtain the assessment under the water legislation before applying for a water permit.

Where will you handle the matter?

The Director of the Regional Water Management Authority (RZGW) is the competent authority for assessments under the water legislation in the following cases:

  • If the use of water services, construction of water facilities, or operation of installations or water devices is related to projects or installations referred to in Article 378(2a) of the Environmental Protection Law;
  • Construction of flood protection structures;
  • Water transfers and construction of necessary water facilities;
  • Introduction of substances inhibiting algae growth into surface waters;
  • Activities related to reclamation of surface or groundwater;
  • Extraction from surface waters, including internal marine waters together with the internal waters of the Gulf of Gdańsk and territorial sea waters, of stone, gravel, sand, and other materials, as well as cutting plants from waters or banks;
  • Introduction of industrial wastewater containing substances particularly harmful to the environment, as specified in regulations issued under Article 100(1), originating from the operation of installations related to projects referred to in Article 378(2a) of the Environmental Protection Law;
  • If the use of water services or construction of water facilities takes place wholly or partly on closed areas within the meaning of the Environmental Protection Law;
  • Required for a project referred to in Article 378(2a) of the Environmental Protection Law, if the authority is competent to issue an assessment under the water legislation for at least one investment or activity carried out within that project;
  • If the use of waters or construction of water facilities takes place on artificial water reservoirs located on inland flowing waters, constituting a project that may always significantly affect the environment.

The Director of the Catchment Management Authority is competent for assessments under the water legislation in all other cases not reserved for the Director of RZGW.

The assessment under the water legislation is issued by decision, upon application by the entity planning to implement the investment or activity.

For cases initiated and not concluded before 23 November 2019, the competent authority to issue the assessment under the water legislation is the Director of RZGW. If the application is submitted to an incorrect authority, it will be immediately forwarded to the territorially competent authority; however, please note that this may extend the processing time.

Fees

The fee for issuing the assessment under the water legislation is PLN 1,274.47. Proof of payment must be attached to the application.

Additional information

Detailed contact information for all units of the State Water Holding “Wody Polskie” can be found on the Public Information Bulletin (BIP) page of PGW Wody Polskie

The list of municipalities and their affiliation to individual Regional Water Management Authorities of PGW Wody Polskie: download

Materials

Application for issuing an assessment under the water legislation: download

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