Royal Decree No. 1775 making provision on water and electrical installations.

Subject

Water

Keyword

Groundwater Surface water Water abstraction Water rights Court/tribunal Legal proceedings/administrative proceedings Registration Water users' associations Concession

Geographical area

Alps, Europe, Europe and Central Asia, European Union Countries, Mediterranean, Southern Europe

Abstract

This Royal Decree was enacted to lay down provisions relating, on the one hand, to the use and exploitation of public waters and, on the other hand, to electrical installations. Title I is devoted to the diversion and use of public waters. All waters which may be destined to general and public interests shall be classified as public waters, even if they have been abstracted through artificial methods (art. 1 ). Public waters shall be therefore included by the Ministry of Public Works in a special Register. Any natural or legal person concerned is entitled to bring suit to the competent Tribunal of Public Waters in case of registration of a particular water course. Article 2 specifies the circumstances under which the diversion or use of public waters is permitted (including the possession of a concession). Article 7 concerns the issuance of a concession for using public waters. The concession shall be granted by Decree of the Minister of Public Works. Articles 21-33 deal with the duration and renewal of the concession. Chapter II of Title I regards the creation of consortia for the proper and rational exploitation of waters. Article 60 specifies the documents, projects and technical plans to be submitted by the applicants. Chapter III lays down special provisions concerning the installation of artificial lakes. Title II makes provision in matter of underground waters (excluding thermal waters), with particular regard to the research, extraction and exploitation of such waters. Article 138 provides for the setting up of Regional Tribunals of Public Waters in the headquarters referred therein. Article 139 establishes the High Tribunal of Public Waters. Articles 140-144 determine the disputes which fall within the competences of the different Tribunals.

Full text

Italian

Website

www.www.normattiva.it

References - Legislation

Implemented by

Regional Act No. 12 on the issue of licences for the abstraction of public waters.

Legislation | Italy | 2007

Keyword: Water abstraction, Water rights, Concession, Irrigation

Source: FAO, FAOLEX

Regional Act No. 4 making rules on the issue of licences of public water abstraction.

Legislation | Italy | 2002

Keyword: Water abstraction, Water rights, Concession

Source: FAO, FAOLEX

Amended by

Legislative Decree No. 275 concerning reorganization in the field of public water concessions, 1993.

Legislation | Italy | 1993

Keyword: Basic legislation, Freshwater resources management, Concession, Water supply, Water abstraction, River basin institution, Liability/compensation

Source: FAO, FAOLEX

Act No. 36 on Water Resources, 1994 (Galli).

Legislation | Italy | 1994

Keyword: Framework law, Basic legislation, Freshwater resources management, Water supply, Sewerage, Water abstraction, Priorities, Institution, Non-governmental entity, Effluent waste water/discharge, Water charges, Pollution control, Freshwater pollution

Source: FAO, FAOLEX