Paragraph 3: Work within the protection perimeter

The application for prior authorisation provided for in the first paragraph of article L. 1322-4 to carry out a borehole or underground work within the protection perimeter and the application to occupy a plot of land provided for in article L. 1322-10 are sent to the Prefect. The content of the file, which includes a description of the planned works, is defined by order of the Minister for Health.

The Prefect, after obtaining the opinion of the hydrogéologue agréé en matière d’hygiène publique under the conditions provided for in article R. 1321-14, specially appointed for this purpose, submits a summary report drawn up by the Director General of the Regional Health Agency and a reasoned draft order to the Conseil départemental de l’environnement et des risques sanitaires et technologiques for its opinion. The Prefect sends the draft order to…

When a request is made to the Prefect by the owner of a natural mineral water spring, in application ofarticle L. 1322-5, to prohibit work undertaken within the protection perimeter, the Prefect will have the risks of alteration or reduction of the spring assessed by the hydrogeologist approved for public hygiene under the conditions set out inarticle R. 1321-14, specially appointed for this purpose by the Director General of the…

In the presence of the interested parties, tracing, gauging and any other investigations deemed useful to establish the influence of the work that gave rise to the request for prohibition on the hydrogeological regime of the spring and on the composition of its water shall be carried out. A detailed report is drawn up and signed jointly by the parties. The Prefect decides in accordance with the provisions of article…

The provisions of article R. 1322-26 are applied in cases where the owner of a natural mineral water spring declared to be in the public interest asks the Prefect to provisionally order, in application of article L. 1322-6, the suspension of drilling or underground work undertaken outside the protection perimeter and which he indicates is likely to alter or reduce the flow of the spring. If the Prefect remains silent…