Irrigation, water abstraction authorization and limitation of abstractable quantities

More and more French regions are facing the depletion of their water resources. This scarcity is a source of tension between irrigating farmers and local authorities responsible for water management.

The environmental code regulates the creation of boreholes and their operation; here we will study the mechanisms available to operators to negotiate the conditions of borehole operation. The farmer is therefore not helpless in defending his agricultural activity.

To compensate for the decrease in resources, the administration regulates water consumption by notably controlling the quantities of water that can be withdrawn from the natural environment (water table and watercourses).

To do this, it can reduce the amounts of water that farms have been authorized to draw when creating new boreholes.

For example, a farm had benefited for many years from five boreholes for irrigating its plots. The receipts for the water law declaration imposed no limitation on the quantities of water that could be abstracted.

This operation wished to carry out a new drilling. Once the declaration receipts were obtained under the IOTA legislation (installations, works, activities and works) for the creation and operation of the drilling, the prefect imposed, by means of an order, specific operating prescriptions providing for:

• a maximum annual water withdrawal amount that is half the irrigation needs of the farm.
• a limited operating duration of ten years;
• the abandonment of the five old boreholes.

 

 

1. The modification of the prefectural order for additional requirements

Article R. 214-39 of the Environmental Code allows operators to request modification of prefectural orders for additional prescriptions when the receipt of the declaration under the Water Law can no longer be opposed by the administration.

In this case, this article allowed for negotiation with the prefect on the terms of the prefectural decree. To convince the prefect to modify the requirements, it was necessary to establish a complete file justifying the water needs for this agricultural holding. In light of these elements, the prefect notably increased the quantity of water that could be withdrawn annually, thus ensuring the sustainability of the holding.

 

2. On the mechanism of temporary cessation of activity

Article R. 214-45 of the Environmental Code allows for a declaration of temporary cessation of activity.

In this case, the operator committed to not using its former boreholes for a period of ten years through a declaration of temporary cessation of activity; this was accepted by the prefect.

Thus, at the end of this ten-year period, and in the event that his authorization to operate the new borehole is not renewed, the operator will be able to bring his five old boreholes back into service; this protects his acquired rights.

If the regulatory framework authorizing water withdrawals becomes stricter, the environmental code provides the operator with legal tools to find constructive solutions with the administration.

 

Written by Me Bérangère MILLEPIED