General decree of the city of Chemnitz

The City of Chemnitz, in its capacity as the lower water authority, issues the following on the basis of Section 100(1) in conjunction with Section 33 of the Water Resources Act (WHG):

General Order
 

1. The abstraction of water using technical equipment (e.g. pumps or pipes/hoses) from surface waters within the territory of the City of Chemnitz is prohibited unless a valid water law permit has been issued by the Lower Water Authority.
    
2. Furthermore, the abstraction of water using hand-held containers for the purpose of irrigation is prohibited.
    
3. This general order shall remain in force up to and including 31 October 2026.
    
4. The right to revoke this order is reserved.
    
5. This order shall come into force on the day following its publication in the Official Gazette of the City of Chemnitz.
    
6. The immediate enforcement of paragraphs 1 and 2 of this order is ordered in the public interest.
   
    

Reasons:

I. Facts of the case

Due to the absence of prolonged, heavy rainfall, the prevailing high air temperatures, strong solar radiation and the associated increased evaporation, as well as the precipitation deficit that has persisted since last year, water levels in the watercourses within the city limits are once again very low. Given the warm and dry weather, it is to be expected that water levels will continue to fall. There is no prospect of the situation improving through substantial rainfall over a prolonged period. 

Due to the current low water flows, even minor water abstractions are already disrupting the water balance and leading to a further significant reduction in water flow. Given the low water levels, there is a risk that the aquatic biocoenosis will be permanently disrupted. The abstraction of water from surface water bodies significantly exacerbates this risk, meaning that such abstraction is no longer covered by the rights of owners, riparian users and the public. This applies even if sufficient water flow is still observable at individual abstraction points. Unregulated and unrestricted water abstraction threatens the flora and fauna in the watercourses and jeopardises the necessary natural self-purification process. Furthermore, experience shows that in many places where water is pumped out, unauthorised retention basins or pump sumps are constructed in order to collect and divert the water. 

The impoundment of surface waters without a permit under water law and the construction of installations in watercourses without authorisation is prohibited, but is nevertheless very often practised in connection with water abstraction.


II. Legal assessment

The City of Chemnitz, as the lower water authority pursuant to Section 109(1)(3) in conjunction with Section 110(1) of the Saxon Water Act (SächsWG) and Section 3(1)(1) of the Administrative Procedure Act (VwVfG), the authority responsible for issuing this decision.

Pursuant to Section 100(1) of the Water Resources Act, the competent authority shall, in accordance with its discretion, order the measures necessary to prevent adverse effects on the water balance. 

The abstraction of water from surface water bodies (rivers, streams, ditches and ponds) is prohibited by law and therefore, in accordance with the applicable provisions, generally requires a water law permit pursuant to Section 8(1) and Section 9(1)(1) of the Water Resources Act (WHG), which must be applied for in advance from the City of Chemnitz as the lower water authority. Exceptions to this general permit requirement exist only within narrow limits in the context of so-called public use or use by owners or residents. Accordingly, owners of watercourse properties and riparian residents may, in principle, abstract water from surface waters for their own use within the scope of owner’s and riparian use. This right is restricted by law if others are adversely affected as a result, or if an adverse change in water quality, a significant reduction in water flow or any other disruption to the water balance is to be expected.

As previously explained, surface water bodies within the urban area are once again experiencing low water levels, and there is currently no end in sight to this situation. The watercourses carry too little water to allow water abstraction to be reconciled with the water management objectives for surface water bodies. Any additional water abstraction, whether individually or in aggregate, is likely to further reduce the already low water flow, adversely affect water quality and thereby disrupt the water balance to a greater extent than has already occurred naturally. 

In the interests of the public good, in particular the regulation of the water balance and the protection of nature, restrictions on the rights of owners, riparian owners and public users are necessary to prevent further disruption to the water balance.

The general order is proportionate and appropriate for the precautionary protection and preservation of water as a basis of life, aquatic ecological concerns and the public interest, including the rights of water rights holders. It is a suitable means of safeguarding ecological requirements and those relating to water quantity and water quality management. The public interest in protecting water as a basis of life and aquatic ecological concerns outweighs any private interests in the unregulated and unrestricted abstraction of water, given the currently very low water levels, which may fall further.

The order for immediate enforcement is in the overriding public interest within the meaning of Section 80(2)(4) of the Administrative Court Rules. It is unacceptable that existing water abstractions should be allowed to continue whilst legal remedies are being pursued, thereby further deteriorating the condition of the water bodies. Further abstractions would mean that the minimum flow required to maintain aquatic biological processes could no longer be guaranteed.

This general order is issued subject to revocation at any time and shall come into force on the day following its publication.
 

Information on legal remedies:

An objection may be lodged against this general order within one month of its publication. The objection must be lodged in writing, in electronic form in accordance with Section 3a(2) of the Administrative Procedure Act, in a form deemed to satisfy the written requirement under Section 3a(3) of the Administrative Procedure Act and Section 9a(5) of the Online Access Act, or by making a statement on record at the City of Chemnitz, Markt 1, 09111 Chemnitz, or at any other office or citizen service centre of the City of Chemnitz.

If the objection is lodged in a form deemed to satisfy the written requirement in accordance with Section 3a(3) of the Administrative Procedure Act, the following options are available: 
 

1. Use of the online application form ‘Lodge an objection’ provided on the Amt 24 website (www.amt24.sachsen.de) and identification via eID 

2. if represented by a solicitor, by submitting the appeal via the special government mailbox (beBPo) ‘City of Chemnitz’.

Notes

• An objection to this general order has no suspensive effect due to the order for immediate enforcement pursuant to Section 80(2)(4) of the Administrative Court Rules (VwGO).
• Holders of water law permits authorising the abstraction or discharge of water from surface waters may only use the waters to the extent permitted, whilst complying with the conditions and requirements of the permit. In individual cases, the lower water authority may temporarily restrict or prohibit the permitted extent of water abstraction by means of a notice.
• Compliance with the prohibition on abstraction will be monitored. Breaches of this general order constitute an administrative offence under Section 103(1)(1) of the Federal Water Act (WHG) in conjunction with Section 122 of the Saxon Water Act (SächsWG), which may be punishable by a fine of up to €50,000.00.

Chemnitz, 17 July 2026

Carina Kühnel
Head of Department
Environmental Agency