Waters Protection Act (WPA)
Amended by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217).
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Chapter 1 Enforcement
Section 1 Enforcement by the Cantons
Art. 45
The cantons shall enforce this Act in all cases where Article 48 does not require enforcement by the Confederation. They shall enact all necessary regulations.
Section 2 Enforcement by the Confederation
Art. 46 Supervision and co-ordination
1 The Confederation shall oversee the enforcement of this Act. 2 The Federal Council shall regulate co-ordination: a. of the water protection measures of the cantons; b. between federal agencies; c. between federal agencies and the cantons.
Art. 47 Implementing regulations
1 The Federal Council shall enact the implementing regulations. 2 …
Para. 2 — Repealed by Art. 12 No 3 of the Consultation Procedure Act of 18 March 2005, with effect from 1 Sept. 2005 (AS 2005 4099; BBl 2004 533).
Art. 48 Enforcement powers of the Confederation
1 In enforcing any other federal act or any international agreement, the relevant federal authority is at the same time responsible for the enforcement of the Waters Protection Act. Before making its decision, it shall consult the cantons concerned. The Federal Office for the Environment (Federal Office) and the other federal agencies concerned shall participate in the enforcement procedures in accordance with Articles 62a and 62b of the Government and Administration Organisation Act of 21 March 1997. 2 If the procedure under paragraph 1 is not suitable for certain tasks, the Federal Council shall regulate enforcement by the federal agencies concerned. 3 The Confederation shall enforce the regulations on substances (Art. 9 para. 2 let. c); it may call on the assistance of the cantons for specific elements of its tasks. 4 The Federal Council shall decide which information obtained in accordance with other federal acts on substances will be made available to the Federal Office.
Art. 48 — Amended by No I 15 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071; BBl 1998 2591). Para. 1 — The name of this administrative unit was changed in application of Art. 16 para. 3 of the Publications Ordinance of 17 Nov. 2004 (AS 2004 4937). Para. 1 — Expression in accordance with Annex No 5 of the Gene Technology Act of 21 March 2003, in force since 1 Jan. 2004 (AS 2003 4803; BBl 2000 2391). This ame
Section 3 Special Enforcement Provisions
Art. 49 Waters protection agencies and waters protection inspectorate
1 The cantons shall set up waters protection agencies. They shall organise the waters protection inspectorate and an emergency service. 2 The Federal Office is the waters protection agency for the Confederation. 3 The Confederation and the cantons may delegate enforcement duties, in particular with regard to inspection and supervision, to public corporations or private individuals.
Art. 50 Information and advice
1 The Confederation and the cantons shall examine the effects of the measures taken under this Act and shall keep the public informed about waters protection and the condition of waters; in particular: a. they shall publish studies on the success of measures under this Act; b. they may, provided it is of general interest and having consulted those concerned, publish the results of studies and inspections relating to private and public waters (Art. 52). 2 Overriding private and public interests in confidentiality and manufacturing and business secrecy are reserved in every case. 3 The waters protection agencies shall provide advice to the authorities and to private individuals. The agencies shall recommend measures for the prevention or reduction of detrimental effects on waters.
Art. 50 — Amended by Art. 2 No 2 of the FD of 27 Sept. 2013 (Aarhus Convention), in force since 1 June 2014 (AS 2014 1021; BBl 2012 4323).
Art. 51 Advisory service on fertilisers
The cantons shall ensure that an advisory service be set up for the enforcement of Articles 14 and 27.
Art. 52 Tolerance and professional secrecy
1 The federal and cantonal authorities may carry out surveys on private and public bodies of water. They may set up the equipment necessary for this purpose, and they may inspect installations. Owners of land and persons responsible for installations shall ensure that persons entrusted with such duties are allowed access, and they shall provide them with all the information that they may require. 2 Persons entrusted with enforcing this Act, as well as experts and members of commissions and specialised bodies, shall be subject to the rules of professional secrecy. 3 …
Para. 3 — Repealed by Art. 2 No 2 of the FD of 27 Sept. 2013 (Aarhus Convention), with effect from 1 June 2014 (AS 2014 1021; BBl 2012 4323).
Art. 53 Enforcement measures
The authorities may implement the measures enacted by them by means of enforcement orders. Insofar as cantonal law either contains no regulations or does not contain stricter regulations, Article 41 of the Administrative Procedure Act of 20 December 1968 applies to cantonal procedures.
SR 172.021
Art. 54 Costs of safety and remedial measures
The costs of measures taken by the authorities to prevent any immediate threat to waters, as well as to ascertain and repair damage, shall be borne by the persons responsible for these measures.
Art. 55 Federal charges
1 The Confederation shall levy charges for its permits and inspections, as well as for any special services provided under this Act. 2 The Federal Council shall determine the rates for such charges.
Art. 56 Intercantonal waters
1 If a surface or underground body of water covers territory from more than one canton, each of the cantons concerned shall take all necessary measures to protect that body of water and in the interests of the other cantons. 2 If the cantons in question cannot agree on the measures to be taken, the Federal Council shall decide.
Chapter 2 Provision of Fundamentals
Art. 57 Duties of the Confederation
1 The Confederation shall carry out surveys with relevance to Switzerland as a whole into: a. the hydrological balance; b. the water quality of surface and underground waters; c. the supply of drinking water; d. other matters concerning the protection of waters. 2 It may participate financially in the development of installations and procedures to increase the state of technical knowledge in the general interest of waters protection, with particular respect to measures taken at the source. 3 It shall make the results and interpretation of surveys available to interested parties. 4 The Federal Council shall regulate the implementation of surveys and their evaluation. 5 Federal agencies shall issue specialised technical instructions and shall provide advice to monitoring agencies. They may carry out hydrological work against payment for third parties or make their equipment available for such work.
Art. 58 Duties of the cantons
1 The cantons shall carry out any further surveys which may be necessary for the enforcement of this Act. They shall communicate the results of such surveys to the federal agencies concerned. 2 The cantons shall establish an inventory of water supply installations and groundwater resources on their territory. The inventory shall be available to the public unless the interests of national defence require secrecy.
Art. 59 Evaluation of the flow rate Q347
In cases where data for any body of water are insufficient, the flow rate Q347 shall be evaluated by other methods, such as hydrological observations or mathematical models.
Art. 60 Notification requirement of authorities
Before an authority issues a permit for an operation which may have an effect on a body of water in the vicinity of a hydrological or other monitoring station, it shall notify the agency responsible for the station.
Chapter 3 Financing
Inserted by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217).
Art. 60a Cantonal wastewater charges
1 The cantons shall ensure that the costs of the construction, operation, maintenance, improvement and replacement of wastewater treatment plants that serve the public interest are passed on to the persons responsible for the production of the wastewater through fees or other charges. In organising the charges, the following factors in particular shall be taken into account: a. the nature and volume of the wastewater produced; b. the depreciation required to preserve the value of the installations; c. the interest; d. the planned investment requirements for maintenance, improvements and replacements, for adaptation to statutory requirements and for operational optimisation. 2 If imposing cost-covering charges that comply with the polluter pays principle jeopardises the environmentally compatible disposal of wastewater, disposal may be financed differently to the extent required. 3 The persons responsible for the wastewater treatment plants must form the required financial reserves. 4 T
Art. 60a — Inserted by No I of the FA of 21 March 2014, in force since 1 Jan. 2016 (AS 2014 3327; BBl 2013 5549).
Art. 60b Federal wastewater charge
1 The Confederation shall collect from the persons responsible for central wastewater treatment plants a charge to finance the payment for measures to remove organic trace substances in accordance with Article 61a, including the Confederation’s implementation costs. 2 Persons responsible for central wastewater treatment plants who have taken measures under Article 61a and submitted the related final account for the investment made by 30 September in any calendar year are exempted from paying the charge from the following calendar year onwards. 3 The level of the charge is based on the number of residents connected to the wastewater treatment plant. The annual charge rate amounts to a maximum of 9 francs per resident. 4 The Federal Council shall determine the charge rate based on the anticipated costs and regulate the procedure for collecting the charge. The charge shall cease to apply by 31 December 2040 at the latest. 5 The persons responsible for the plants shall pass on the charge t
Art. 60b — Inserted by No I of the FA of 21 March 2014, in force since 1 Jan. 2016 (AS 2014 3327; BBl 2013 5549).
Chapter 4 Incentives
Originally Chap. 3.
Art. 61 Nitrogen removal in wastewater treatment plants
1 Within the limits of the approved credits and on the basis of programme agreements, the Confederation shall make global compensatory payments to the cantons for the construction and procurement of: a. installations and equipment for nitrogen removal at central wastewater treatment plants provided they serve to fulfil agreements under international law or decisions of international organisations that have the aim of maintaining the quality of waters outside Switzerland; b. sewers that are constructed instead of installations and equipment in accordance with letter a. 2 The amount of the compensatory payments is determined by the volume of nitrogen that is removed by means of the measures mentioned in paragraph 1.
Art. 61 — Amended by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFEA), in force since 1 Jan. 2008 (AS 2007 5779; BBl 2005 6029). Art. 61 — Amended by No I of the FA of 21 March 2014, in force since 1 Jan. 2016 (AS 2014 3327; BBl 2013 5549).
Art. 61a Removal of organic trace substances in wastewater plants
1 Within the limits of the approved credits and the available resources, the Confederation shall make global compensatory payments to the cantons for the construction and procurement of: a. installations and equipment for removing organic trace substances at central wastewater treatment plants where they are required to comply with the regulations on discharging wastewater into bodies of water; b. sewers that are constructed instead of installations and equipment in accordance with letter a. 2 The compensatory payments are made if the construction or procurement of the installations, equipment or sewers was begun after 1 January 2012 and within 20 years of the entry into force of the amendment to this Act of 21 March 2014. 3 The payments amount to 75 per cent of the allowable costs.
Art. 61a — Inserted by No I of the FA of 21 March 2014, in force since 1 Jan. 2016 (AS 2014 3327; BBl 2013 5549).
Art. 62 Waste disposal installations
1 Within the limits of the approved credits, the Confederation shall make compensatory payments to the cantons for the construction and procurement of installations and equipment for the disposal of special waste, provided such installations and equipment are of benefit to Switzerland as a whole. 2 Within the limits of the approved credits, the Confederation shall make compensatory payments to cantons with low or medium financial capacity for the construction and procurement of installations and equipment for the treatment or recovery of municipal waste provided the first instance decision on the construction of the installation was taken before 1 November 1997. The Federal Council may extend this deadline for regions that do not have the required capacities to 31 October 1999 at the latest if the circumstances so require. 2bis The right to federal contributions in accordance with paragraph 2 continues if: a. the first instance decision on the construction of an installation was taken
Art. 62 — Amended by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217). See also the Final Provision on this Amendment at the end of this text. Para. 2bis let. d — Inserted by No I of the FA of 8 Oct. 2004, in force since 1 Oct. 2006 (AS 2006 3859; BBl 2003 8025 8043). Para. 3 — Repealed by No II 33 of the FA of 20 March 2008 on the Formal Revision of Federal Legislation, with effect from 1 Aug. 2008 (AS 2008 3437; BBl 2007 6121). Para. 4 let. b — Repeal
Art. 62a Measures in agriculture
1 Within the limits of the approved credits, the Confederation shall make compensatory payments for measures in agriculture to prevent washing away or leaching of substances if: a. the measures are necessary to fulfil the requirements relating to water quality of surface and underground waters; b. the canton concerned has designated the areas in which the measures are required and coordinated the measures required; c. the measures are not economically viable. 2 The amount of the compensatory payments is determined by the nature and volume of the substances that are to be prevented from washing away or leaching, and by the costs of the measures that are not covered by contributions under the Agriculture Act of 29 April 1998 or the Federal Act of 1 July 1966 on Nature and Cultural Heritage. 3 … 4 The Federal Office for Agriculture shall make the compensatory payments as global contributions on the basis of programme agreements entered into with the cantons for each area in which the meas
Art. 62a — Inserted by Annex No 6 of the Agriculture Act of 29 April 1998, in force since 1 Jan. 1999 (AS 1998 3033; BBl 1996 IV 1). Para. 2 — SR 910.1 Para. 2 — SR 451 Para. 2 — Amended by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFEA), in force since 1 Jan. 2008 (AS 2007 5779; BBl 2005 6029). Para. 3 — Repealed by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation an
Art. 62b Rehabilitation of waters
1 The Confederation shall, within the limits of the approved credits and on the basis of programme agreements, make compensatory payments to the cantons in the form of global contributions to the planning and implementation of measures for the rehabilitation of waters. 2 In the case of especially complex projects, the cantons may receive the compensatory payments on a case-by-case basis. 3 The amount of the compensatory payments is determined by the relevance of the measures for the re-establishment of the natural functions of the waters and by the effectiveness of the measures. 3bis In rehabilitation projects, the development of sections of space provided for waters in accordance with Article 37 paragraph 3 must be financed from the project budget during the first five years. 4 No contributions shall be paid for the dismantling of an installation if the person responsible for it is obliged to dismantle it. 5 The managers of the space provided for waters shall receive compensatory paym
Art. 62b — Inserted by No I of the FA of 11 Dec. 2009 (Restoration), in force since 1 Jan. 2011 (AS 2010 4285; BBl 2008 8043 8079). Para. 3bis — Inserted by Annex No 4 of the FA of 15 March 2024, in force since 1 Aug. 2025 (AS 2025 430; BBl 2023 858). Para. 5 — SR 910.1
Art. 62c Planning the remediation of hydropeaking and of the bed load budget
1 The Confederation shall within the limits of the approved credits make compensatory payments to the cantons for planning in accordance with Article 83b, provided the plans are submitted to the Confederation by 31 December 2014. 2 The compensatory payments shall amount to 35 per cent of the allowable costs.
Art. 62c — Inserted by No I of the FA of 11 Dec. 2009 (Restoration), in force since 1 Jan. 2011 (AS 2010 4285; BBl 2008 8043 8079).
Art. 63 General requirements for making compensatory payments
Compensatory payments shall be made only if the intended solution is based on appropriate plans, guarantees appropriate protection of the waters, corresponds to the state of the art and is economically feasible.
Art. 63 — Amended by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217).
Art. 64 Provision of fundamentals, training and information
1 Within the limits of the approved credits, the Confederation may make compensatory payments to the cantons for ascertaining the causes of inadequate water quality in an important body of water with a view to remedial measures. 2 It may provide financial assistance for the basic and continuing education and training of specialists and for the provision of information to the public. 3 Within the limits of the approved credits, it may provide support for the preparation of cantonal inventories of water supply installations and groundwater resources by means of compensatory payments or through its own work provided: a. the inventories are prepared according to federal guidelines; and b. the applications are submitted before 1 November 2010. 4 The federal payments shall not exceed 40 per cent of the costs.
Para. 1 — Amended by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFEA), in force since 1 Jan. 2008 (AS 2007 5779; BBl 2005 6029). Para. 2 — Amended by Annex No 32 of the FA of 20 June 2014 on Continuing Education and Training, in force since 1 Jan. 2017 (AS 2016 689; BBl 2013 3729). Para. 3 let. b — Amended by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Divisio
Art. 64a Risk guarantee
The Confederation may provide a risk guarantee in respect of promising new installations and equipment. This may not exceed 60 per cent of the allowable costs.
Art. 64a — Inserted by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217).
Art. 65 Financing
1 The Federal Assembly shall approve by a simple federal decree a temporary guarantee credit to ensure the payment of contributions. 2 It shall approve by simple federal decree for successive four-year periods the resources for making compensatory payments that have been guaranteed in principle in application of Article 13 paragraph 6 of the Subsidies Act of 5 October 1990. 3 It shall approve by means of a multi-year guarantee credit the maximum amount for risk guarantee provided by the Confederation under Article 64a.
Art. 65 — Amended by No I of the FA of 20 June 1997, in force since 1 Nov. 1997 (AS 1997 2243; BBl 1996 IV 1217). Para. 1 — Term in accordance with Annex No 8 of the FA of 19 March 2021, in force since 1 Jan. 2022 (AS 2021 662; BBl 2020 349). Para. 1 — Amended by No II 23 of the FA of 6 Oct. 2006 on the New System of Financial Equalisation and Division of Tasks between the Confederation and the Cantons (NFEA), in force since 1 Jan. 2008 (AS 2007 5779; BBl 2005 6029). Para. 2 — SR 616.1
Art. 66 Reclaiming payments
1 Federal payments made in error shall be reclaimed. This also applies if an installation or piece of equipment is used for a purpose other than that intended. 2 The Confederation’s right to bring claims prescribes three years after the date on which it learned of its claim and in any event ten years after the date on which the right first arose. 3 If the recipient has committed a criminal offence through their conduct, the right to a refund prescribes at the earliest when the right to prosecute the offence prescribes. If the right to prosecute is no longer liable to prescription because a first instance criminal judgment has been issued, the right prescribes at the earliest three years after notice of the judgment is given.
Para. 2 — Amended by Annex No 18 of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235). Para. 3 — Inserted by Annex No 18 of the FA of 15 June 2018 (Revision of the Law on Prescription), in force since 1 Jan. 2020 (AS 2018 5343; BBl 2014 235).
Chapter 5 Procedure
Originally Chap. 4.
Art. 67 Administration of justice
The appeal procedure is governed by the general provisions on the administration of federal justice.
Art. 67 — Amended by Annex No 92 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 67a Public authority appeal
1 The Federal Office is entitled to make use of the rights of legal recourse available under federal and cantonal law in respect of decisions of the cantonal authorities in application of this Act and its implementing provisions. 2 …
Art. 67a — Inserted by No I 15 of the FA of 18 June 1999 on the Coordination and Simplification of Decision-making Procedures, in force since 1 Jan. 2000 (AS 1999 3071 3124; BBl 1998 2591). Para. 2 — Repealed by Annex No 92 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202).
Art. 68 Land consolidation, compulsory purchase and possession
1 Insofar as required for the implementation of this Act, and provided private acquisition is not an option, the cantons shall order land consolidation procedures. The Confederation and the cantons may acquire the required rights by means of the compulsory purchase procedure. They may delegate this power to third parties. 2 The compulsory purchase procedure shall only be applied if efforts to secure a private acquisition or for land consolidation are unsuccessful. 3 The cantons may declare the Federal Act of 20 June 1930 on Compulsory Purchase to be applicable in their implementing regulations. They shall specify that the cantonal government decide on objections that remain in dispute. 4 For works that involve the territory of two or more cantons, the federal law on compulsory purchase applies. The Federal Department of the Environment, Transport, Energy and Communications shall decide on compulsory purchase matters. 5 The surfaces in the space provided for waters that are exploited sh
Art. 68 — Amended by No I of the FA of 11 Dec. 2009 (Restoration), in force since 1 Jan. 2011 (AS 2010 4285; BBl 2008 8043 8079). Para. 3 — SR 711 Para. 3 — Amended by Annex No 18 of the FA of 19 June 2020, in force since 1 Jan. 2021 (AS 2020 4085; BBl 2018 4713). Para. 5 — Amended by Annex No 6 of the FA of 22 March 2013, in force since 1 Jan. 2014 (AS 2013 3463 3863; BBl 2012 2075).