Uwagi do wybranych przepisów prawnych związanych z wykonaniem ujęć wód podziemnych

Abstract

Comments on some of the legal provisions on execution of groundwater intakes.A b s t r a c t. Current administrative and legal rules for obtaining permission for execution of a groundwater intake vary vastly depending on the intended purpose and depth of such an intake. In extreme cases, it might be necessary to prepare a number of reports and assessments, largely overlapping in content, and obtain several administrative decisions. In parallel, Polish geological and mining law allows for execution of a well up to a depth of 30 m and well yield <5m3/d without any permits or formal reports. As a result, investors abuse conditions of “normal use of waters”, and the geological and mining administration lacks any instruments of control in this area. On the backdrop of a presentation of legal requirements related to execution of groundwater intakes in Poland, the author discusses selected legal provisions in force, cross-examining their relevance. The suggestions for changes in procedures and regulations discussed presented in the paper should be considered as a starter for a discussion between hydrogeology experts, geological administration and lawyers.