The holder of an authorisation to exploit a natural mineral water spring who requests a revision of this authorisation may, when the withdrawals from one or more additional sources result in an already exploited source drying up or significantly affecting its flow rate, submit a request for a derogation from the procedure defined in articles R. 1322-5 to R. 1322-11, in order to obtain a provisional authorisation to exploit the source in its new configuration before having provided all the required analyses.
The provisional authorisation can only be granted if the water comes from the same deposit and if there are no significant differences in the characteristics of the water.
If the Prefect remains silent for more than four months on the application for a derogation, this constitutes a decision to reject the application.
The prefectoral order granting a provisional authorisation, issued after obtaining the opinion of the approved public health hydrogeologist under the conditions laid down in article R. 1321-14 and of the departmental council for the environment and health and technological risks, specifies in particular:
1° The deadline for providing the missing analyses ;
2° If necessary, the specific operating requirements and the particular terms and conditions of the monitoring carried out by the operator, as well as those of the health inspection.
Once the verification mentioned in article R. 1322-9 has been completed, natural mineral water may only continue to be made available to the public with the agreement of the Prefect.
At the end of the period set by the prefectoral decree mentioned in the fourth paragraph, the prefect decides on the final authorisation by a supplementary decree, issued after consulting the departmental council for the environment and health and technological risks.