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Water Law Report – a Key Document in the Investment Process

An investment involving water use, wastewater discharge, the construction of water facilities, or works affecting a watercourse or its surroundings may require a water-law permit. One of the key documents submitted as part of such proceedings is the Water Law Report.

The Water Law Report describes the proposed use of water, the characteristics of the project and its potential impact on the aquatic environment. It provides the technical basis for assessing whether the project may be implemented in compliance with applicable regulations and without unacceptable impacts on water resources.

Proper preparation of the documentation requires a combination of technical, environmental and legal expertise. The scope of the Water Law Report should always be tailored to the type of project and the specific water-law approval required. The legal basis is provided by the Polish Water Law Act.. Current version available in ISAP

If you need documentation prepared for a specific project, see our Water Law Report preparation service..

When is a Water Law Report required?

A water-law survey is prepared as an attachment to an application for a water permit. It may be required, among other cases, for:

the abstraction of surface water or groundwater;
the discharge of wastewater into water or into the ground;
the discharge of rainwater or meltwater where required by law;
the construction of water facilities such as water intakes, outlets, jetties, culverts, ditches or damming structures;
the damming, retention or regulation of waters;
works carried out within watercourses or other surface waters;
the use of water for business or industrial purposes;
projects that may affect the status of waters or their flow conditions.

Not every project involving water requires a water-law permit. Depending on the type and scale of the proposed works, a water-law notification may be sufficient, while some activities may not require either procedure. Therefore, before preparing the documentation, the project should be properly classified and the appropriate type of water-law approval determined.

What Should a Water Law Report Contain?

The scope of a Water Law Report depends on the proposed type of water use or the water facility to be constructed. The document consists of descriptive and graphical sections and should present the project in sufficient detail to allow for a clear assessment.

The descriptive section typically includes:

details of the entity applying for the permit;
the purpose and scope of the proposed water use;
the technical characteristics of the proposed facilities and installations;
the quantity, condition and composition of the wastewater to be discharged;
a description of the conditions for water abstraction, discharge, damming or retention;
information on the receiving water body and the status of the relevant water bodies;
an assessment of the project’s impact on surface water and groundwater;
proposed monitoring, control and record-keeping requirements;
a description of the measures to be taken in the event of failures or operational disruptions.

The graphical section may include maps, site plans, process diagrams, profiles, cross-sections and drawings of water facilities. These materials should make it possible to identify the location and the key parameters of the project.

How Is a Water Law Report Prepared?

Preparation of the Water Law Report begins with an analysis of the planned project and determination of the type of water-law approval required. At this stage, the project location, the proposed use of water, the technical solutions and the availability of the necessary data are verified.

The next stages typically include:

collection of design documentation, maps and technical data;
analysis of site-specific and environmental conditions;
identification of receiving waters, water facilities and relevant water bodies;
preparation of the required hydrological, hydraulic or water-balance calculations;
assessment of the project’s potential impact on water status;
preparation of the descriptive and graphical sections of the Water Law Report;
verification of the consistency of the Water Law Report with the application and the remaining attachments.

Depending on the nature of the project, site inspections, measurements, design consultations or additional information from the investor may be required. Collecting complete data at an early stage reduces the risk of requests for supplementary documentation and delays in the proceedings.

Water Law Report and Other Permits and Documents

A water-law permit is often one element of a broader project preparation process. Water-law documentation should be consistent with, among other things, the construction design, the environmental decision, the Project Information Sheet and the Environmental Impact Assessment Report.

Discrepancies between documents may concern, for example, the location of facilities, installation parameters, the volume of water abstracted, the amount of wastewater discharged or the safeguards applied. Such inconsistencies may result in the investor being requested to provide explanations, supplement the application or amend the documentation.

Common Problems in Water Law Documentation

Proceedings may take longer if the Water Law Report is incomplete, inconsistent with the application or based on outdated data. The most common problems include:

incorrect identification of the required type of water-law approval;
failure to clearly identify the location of the project and water facilities;
discrepancies between the technical description, maps and design documentation;
incomplete data on the volumes of water abstracted or discharged;
missing required calculations or justification of the adopted parameters;
insufficient assessment of the project’s impact on water status;
incorrect identification of the receiving body for wastewater or stormwater;
failure to take account of other water users and existing water facilities;
inconsistency with the environmental decision or construction documentation.

A well-prepared Water Law Report should not only meet formal requirements but also clearly explain how the project will be implemented and what impacts it may have. This facilitates the authority’s assessment of the application and reduces the number of questions and requests for supplementary information.

Why Is It Worth Preparing the Documentation at an Early Stage?

Water-law requirements may affect the location of the project, the choice of technical solutions and the overall project schedule. Identifying these requirements too late may result in the need to modify the design, carry out additional analyses or supplement other administrative documentation.

Starting work on the Water Law Report at an early stage makes it possible to:

correctly identify the required permits and notifications;
identify constraints resulting from the project location;
incorporate water protection requirements into the design documentation;
coordinate the water-law procedure with the environmental and construction procedures;
plan the necessary measurements, analyses and calculations;
reduce the risk of design changes and administrative delays.

This makes the Water Law Report part of a well-planned project preparation process, rather than a document prepared only in response to a formal deficiency or a request from the competent authority.

W przypadku inwestycji wymagających wcześniejszej oceny warunków wodnych pomocne może być wykonanie hydrological assessment., obejmującej m.in. analizę przepływów, retencji, odpływu lub wpływu przedsięwzięcia na stosunki wodne.

Summary

A Water Law Report is a fundamental document in many proceedings involving water use, wastewater discharge and the construction of water facilities. Correctly defining the scope of the documentation, collecting complete data and ensuring consistency with the other project documents helps reduce the risk of delays and requests for supplementary information.

Proper preparation of a Water Law Report requires reliable data, appropriate analyses and consistency with the technical and environmental documentation. Identifying the applicable requirements at an early stage helps reduce the risk of formal deficiencies, additional costs and delays in project implementation.

Do You Need a Water Law Report?

MASAD supports investors in project qualification, collecting the required data and preparing complete water-law documentation. We tailor the scope of our work to the type of project, the proposed use of water and the stage of project implementation.

Contact us to discuss the requirements applicable to your project.

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Water Law Report – When Is It Required and How Is It Prepared?