Book III: Health protection and the environment

A natural mineral spring may be declared to be in the public interest. In this case, it may be assigned a protection perimeter, which may cover separate plots of land. Within this perimeter, all activities, deposits or installations likely to directly or indirectly harm the quality of the water may be prohibited or regulated. This perimeter may be modified if new circumstances make it necessary.

No drilling or underground work may be carried out within the protection perimeter of a natural mineral water spring declared to be of public interest, without prior authorisation issued by the State representative in the département. With regard to excavations, trenches for the extraction of materials or any other object, house foundations, cellars or any other work in the open air, the prefectoral order establishing the protection perimeter may exceptionally…

The works, activities, deposits or installations mentioned in article L. 1322-4 and undertaken, either by virtue of a regular authorisation, or after a prior declaration, may, at the request of the owner of the spring, be prohibited by the representative of the State in the department, if their observed result is to alter or diminish the spring. The owner of the land is heard beforehand. The order issued by the…

When, due to drilling or underground works or due to other activities, deposits or installations undertaken outside the perimeter and deemed likely to alter or diminish a natural mineral spring declared to be of public interest, the extension of the perimeter appears necessary, the State representative in the department may, at the request of the owner of the spring, temporarily order the suspension of the works or activities. The works…

The provisions of article L. 1322-6 apply to a natural mineral water source declared to be of public interest, to which no perimeter has been assigned.

Within the protection perimeter, the owner of a spring declared to be in the public interest has the right to carry out on another person’s land, with the exception of dwellings and adjoining yards, all the catchment and development work necessary for the conservation, operation and distribution of this spring, where such work has been authorised. The owner of the land is heard in the appraisal.

Occupation of a plot of land included within the protection perimeter for the purposes of carrying out the work provided for in article L. 1322-8 may only take place by virtue of an order issued by the representative of the State in the département, which sets the duration of the order. When the occupation of land included within the perimeter or the application of articles L. 1322-3 to L. 1322-7…

The owner of the spring is responsible for repairing any damage caused by measures imposed under articles L. 1322-3 to L. 1322-7, as well as damage caused by work carried out under articles L. 1322-8 and L. 1322-10. In the cases provided for by articles L. 1322-3 to L. 1322-7, the compensation due by the owner of the spring may not exceed the amount of the material losses suffered by…

Decisions concerning the execution or destruction of works on the land of others may only be executed after the deposit of a bond, the amount of which is set by the court and which serves as a guarantee for the payment of compensation in the cases listed in article L. 1322-11. The State, in respect of springs of which it is the owner, is exempt from the requirement to provide…

The procedures for applying the provisions of this chapter, in particular those relating to the monitoring of their implementation, as well as the conditions under which the expenses relating to water quality monitoring are to be borne by the operator under the conditions defined in article L. 1321-5, are determined by decree by the Conseil d’Etat.