Kernrechtsfrage
Whether the unauthorized river works constituted use of a public watercourse through buildings and installations under § 71(1)(i) WBG/LU
Extrahierter Entscheid
No. The works were water-construction/bed-stabilization measures in the public interest, not a private use or special appropriation of the watercourse.
Extrahierte Begründung
The wording, structure, and materials of the WBG/LU distinguish water construction and maintenance from the use of watercourses by buildings and installations. Slope and bed stabilization works do not amount to taking a public watercourse into private use, and they do not eliminate ordinary public use in the sense contemplated by § 71(1)(i).