General decree of the city of Chemnitz

The City of Chemnitz, as the lower water authority, issues the following on the basis of § 100 Para. 1 i. V. m. § 33 Water Resources Act (WHG) of 31 July 2009 (BGBl. I p. 2585), which was last amended by Article 7 of the Act of 22 December 2023 (BGBl. 2023 I No. 409), the following

General ruling

1. The abstraction of water by technical means (e.g. by means of pumps or pipes/hoses) and by means of hand vessels from surface waters on the territory of the City of Chemnitz for personal use (owner, resident and public use) is prohibited up to and including 31 October 2025.
   
2. The competent authority reserves the right to revoke this order.
   
3. The immediate enforcement of section 1 of this order is ordered in the special public interest.
   

4. This order shall apply from the day following its public announcement.

Justification:

The abstraction of water from surface waters (rivers, streams, ditches and ponds) is subject to a legal prohibition and therefore, according to the applicable provisions, requires a permit under water law pursuant to § 8 para. 1 and § 9 para. 1 no. 1 WHG, which must be applied for in advance from the City of Chemnitz as the lower water authority.

Exceptions to this general authorisation requirement only exist within narrow limits, i.e. only if the water withdrawal still falls under the so-called public use or the owner's or neighbour's use of the water body. According to this, owners of water bodies and neighbouring residents are generally permitted to withdraw water from surface waters for their own use within the scope of owner and neighbouring resident use. This right is restricted by law if others are adversely affected, if there is an adverse change in water quality, a significant reduction in water flow or other impairment of the water balance is to be expected.

At present, precipitation levels are once again well below the long-term average. At the same time, the high temperatures are leading to increased evaporation. The water flow of the surface waters in the urban area is currently already below the long-term average low water discharge and below the ecologically necessary minimum discharge almost everywhere. Due to the warm and dry weather, it can be assumed that the water levels will continue to fall. There is no sign of the situation being alleviated by heavy rainfall.

Due to the current low water discharges, even minor water withdrawals lead to an impairment of the water balance and to a further significant reduction in water flow. Due to the low water levels, there is a risk that the aquatic biocoenosis will be permanently disturbed. The abstraction of water from surface waters significantly increases this risk, meaning that water abstraction is no longer covered by the owner's or neighbour's rights of use. This applies even if sufficient water flow can still be observed at individual extraction points. Unregulated and unrestricted water abstraction threatens the flora and fauna in water bodies and jeopardises the necessary natural self-purification. In addition, experience has shown that in many places where water is pumped, unauthorised dams or pump sumps are built to collect and drain the water.

The damming of surface waters without a permit under water law and the construction of facilities in water bodies without a permit is prohibited, but is nevertheless very often practised in connection with water extraction.

As the lower water authority, the City of Chemnitz is the competent authority for issuing this decision in accordance with Section 109 (1) No. 3 in conjunction with Section 110 (1) of the Saxon Water Act (SächsWG) and Section 3 (1) No. 1 of the Administrative Procedure Act.

Therefore, the lower water authority must, in accordance with Section 100 Para. 1 of the Water Resources Act, take measures at its own discretion that are necessary to avoid impairments to the water balance. For reasons of public welfare, in particular the organisation of the water balance and the protection of nature, it is necessary to restrict the use by owners and residents.

The general order is appropriate and suitable for the precautionary protection and preservation of the basis of life, water ecology and the welfare of the general public, including the rights of water rights holders. It is a suitable means of safeguarding ecological, water quantity and water quality requirements.

The order for immediate enforcement is in the overriding public interest within the meaning of Section 80 (1) No. 4 of the Administrative Court Code. It is not justifiable that existing water withdrawals can be continued by lodging an appeal, thereby further worsening the water situation. Further abstractions would no longer guarantee the minimum flow required to maintain the water biological processes.

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

Information on legal remedies:

An objection may be lodged against this decision within one month of its announcement. The objection must be submitted in writing, in electronic form in accordance with Section 3a (2) of the Administrative Procedure Act, in written form in accordance with Section 3a (3) of the Administrative Procedure Act and Section 9a (5) of the Online Access Act or for recording 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 writing in accordance with Section 3a (3) of the Administrative Procedure Act, the following options are available:

1. using the online application "Submit an objection" available on the website of Office 24 (www.amt24.sachsen.de) and identification via eID

2. in the case of legal representation, by filing via the special public authority mailbox (beBPo) "Stadt Chemnitz".

Notes

An objection to this general ruling has no suspensive effect due to the order of immediate enforcement pursuant to Section 80 (2) No. 4 VwGO.

Compliance with the withdrawal ban will be monitored. Violations of this general order constitute an administrative offence in accordance with § 103 Para. 1 No. 1 WHG in conjunction with § 122 SächsWG, which can be punished with a fine of up to € 50,000.00.


Chemnitz, the 14.07.2025

i. V. Gernot Eißner

Carina Kühnel
Head of office