Subsection 1: General provisions

I.-The Prefect submits a summary report drawn up by the Director General of the Regional Health Agency and a reasoned draft order to the Departmental Council for the Environment and Health and Technological Risks for its opinion. The Prefect sends the draft order to the applicant and informs him of the date and location of the meeting of the Departmental Council. The applicant or his representative may ask to be…

I.-The decision on the application for authorisation to use water for human consumption is taken by prefectoral order. Reasons are given for this order. The prefectoral authorisation order indicates in particular the identification of the holder of the authorisation and the purpose of this use, the locations of the water catchments and their operating conditions, the protection measures, including the protection perimeters provided for in article L. 1321-2, the places…

Exceptionally, a temporary authorisation to use water for human consumption may be granted by the Prefect when: 1° A restriction in use or an interruption in distribution is imminent or effective, due to major disturbances linked to exceptional climatic circumstances or accidental pollution of the resource; 2° A report from the Director General of the Regional Health Agency establishes that the use of the water does not constitute a danger…

I.-Before the holder of the authorisation referred to in article R. 1321-8 puts its installations into service, the Director General of the Regional Health Agency will, at the expense of the holder of the authorisation and within two months of being notified, have analyses carried out to check the quality of the water produced, the characteristics of which are set by order of the Minister for Health. If the results…

I.-The holder of an authorisation declares to the Prefect any project to modify the installations and operating conditions mentioned in the prefectoral authorisation order and sends him all the information needed to assess the project, prior to its implementation. The Prefect gives a decision on this declaration within two months, either by issuing an amending order, or by inviting the holder of the authorisation, where appropriate after consulting an approved…

The Prefect may, on his own initiative on a proposal from the Director General of the Regional Health Agency or at the request of the authorisation holder and in accordance with the procedure laid down in I of article R. 1321-7, issue an order amending the authorisation order, if he considers that the maintenance of certain provisions is no longer justified or that additional requirements are necessary in order to…

The act declaring the works to extract water for human consumption to be in the public interest is preceded by a public enquiry governed by the provisions of Title I of Book I of the Code de l’expropriation pour cause d’utilité publique. The protection perimeters mentioned in article L. 1321-2 for the abstraction of water intended for human consumption may cover separate plots of land. Within the immediate protection perimeter,…

The declaration of the public interest in the abstraction of water for human consumption referred to in article L. 1321-2 is published in the departmental registry of administrative acts and is displayed in the town hall of each of the municipalities concerned for at least two months. A notice of this posting is published in conspicuous characters in two local newspapers. The beneficiary of the easements will also send an…

The easements relating to the protection perimeters mentioned in article L. 1321-2 are appended to the local town planning scheme under the conditions defined in article L. 153-60 of the town planning code.

The urban pre-emption right provided for in article L. 1321-2 may be instituted even in the absence of a local town planning scheme.