I. – The territorial collectivity of Corsica implements balanced management of water resources. Corsica constitutes a hydrographic basin within the meaning of Articles L. 212-1 to L. 212-6 of the Environment Code.
The master plan for water development and management provided for in article L. 212-1 of the same code is drawn up at the initiative of the Corsican regional authority or, where applicable, the State representative, by the basin committee mentioned in II. The basin committee involves the State representative, the Corsican economic, social, environmental and cultural council and the consular chambers in the preparation of the plan, which provide it with all relevant information within their remit.
The basin committee organises public participation in the preparation of the master plan for water development and management in accordance with the procedure provided for in II of article L. 212-2 of the Environment Code.
The draft plan adopted by the basin committee is submitted for an opinion, no later than one year before the deadline set by law for its approval or updating, to the State representative, the departmental councils, the Corsican economic, social and cultural council and the consular chambers. If no opinion is issued within four months of the draft plan being sent, this is deemed to be a favourable opinion.
The master plan for water development and management is adopted by the basin committee and approved by the Assembly of Corsica. It is made available to the public.
The basin committee monitors the implementation of the scheme. The plan is updated every six years in accordance with the forms provided for its approval.
The territorial collectivity of Corsica specifies, by deliberation of the Assembly of Corsica, the procedure for drawing up the master plan.
In the absence of transmission of the draft master plan for water development and management within the period provided for in the fourth paragraph of this I, the representative of the State, after formal notice has remained unsuccessful, takes the place of the basin committee for all its obligations. The project drawn up by the State representative is approved by the Corsican Assembly. If it is not approved by the Assembly of Corsica within four months, it may be brought into force by decree in the Conseil d’Etat.
II. – To carry out the tasks defined in I of this article and in article L. 213-8 of the Environment Code, a Corsican Basin Committee is created, made up of:
1° Representatives of the territorial collectivity of Corsica and the communes or their groupings;
2° Representatives of users and competent personalities;
3° Members appointed half by the State representative and half by the territorial collectivity of Corsica, notably from socio-professional circles.
Members of the first two categories hold at least two-thirds of the total number of seats.
The Corsican territorial collectivity determines, by deliberation of the Corsican Assembly, the composition and operating rules of the Corsican Basin Committee.
III. – In each sub-basin or group of sub-basins presenting characteristics of hydrographic, ecological and socio-economic coherence, a water development and management plan provided for in article L. 212-3 of the Environment Code may be drawn up. Its scope and the period within which it must be drawn up and revised are determined by the master plan. Failing this, they are decided by the Corsican territorial collectivity, after consultation or on the proposal of the State representative and the municipalities or their groupings concerned and after receiving the opinion of the basin committee. This opinion is deemed to be favourable if it is not given within four months of the draft being sent.
A local water commission, created by the Corsican regional authority, is responsible for drawing up, monitoring and revising the scheme. It is made up of:
1° 40% of representatives of territorial collectivities, other than the territorial collectivity of Corsica, or their groupings;
2° 20% of representatives of the territorial collectivity of Corsica;
3° 20% of representatives of users, riparian owners, the professional organisations concerned and environmental protection associations;
4° 20% of representatives of the State and its public establishments.
The territorial collectivity of Corsica sets, by deliberation of the Assembly of Corsica, the composition and operating rules of the local water commission.
The draft scheme, possibly modified to take account of the opinions collected, is submitted to a public enquiry carried out in accordance with Chapter III of Title II of Book I of the Environment Code. At the end of the enquiry, the plan, which may be amended to take account of the comments received, is approved by the Assembly of Corsica. The plan is made available to the public.
If the plan is not drawn up within the allotted time, the territorial collectivity of Corsica draws up the project and, after consulting the local water commission, implements the procedure provided for in the previous paragraph.
The water development and management scheme may be modified or revised by the territorial collectivity of Corsica, following the opinion or proposal of the local water commission or the State representative.
The amendment procedure is reserved for the cases mentioned in the second sentence of the first paragraph of article L. 212-7 of the Environment Code. The draft amendment is subject to the electronic participation provided for in article L. 123-19 of the same code. Following this participation, the amended draft plan is approved by the Assembly of Corsica. The plan is made available to the public.
The draft revision is subject to the electronic participation provided for in the same article L. 123-19. Following this participation, the revised draft plan is approved by the Assembly of Corsica. The plan is made available to the public.