Commentaries: Art. 38

For every withdrawal of water listed in the inventory under Article 36 paragraphs 1 and 2, the remediation report (Art. 82 para. 2 WPA) shall indicate whether the watercourse requires remediation; if this is the case, the report indicates the reasons for such remediation, its extent and the period of time forecast to implement it.
For every water withdrawal, the report contains in particular:
1. the description of the water withdrawal and return (names, co-ordinates, height above sea level and, where appropriate, names of any power stations or dams);
2. the rate of Q~~347~~flow;
3. data relating to the flow regime of the watercourse upstream of the water withdrawal point and in the stretch of residual water flow;
4. the amount withdrawn every month in m³/s expressed as the average over several years.
For water withdrawals where remediation is necessary, the report shall also contain information on:
1. remediation measures which may be imposed without infringing rights of use which justify a claim for compensation by the user (Art. 80 para. 1 WPA);
2. more extensive remediation measures which are necessary because of overriding public interests (Art. 80 para. 2 WPA); for watercourses flowing through landscapes or habitats which are listed in national or cantonal inventories, the report shall name the special requirements for the watercourse arising from the protection targets defined in the inventory;
3. type of remediation measures (higher levels of water endowment, structural, operational and other measures);
4. the expected schedule for completion of the remediation measures.