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EXCEPTIONS TO THE GENERAL USE OF SURFACE WATER

Katerina Svarcova

Abstract

The subject of interest of this paper is regulation of the general use of surface water in the Czech Republic, specifically the question of exceptions to general use of surface water, which are issued in the form of a measure of a general nature (due to the scope and extensiveness of the topic, there is no focus here on regulation of exceptions issued in the form of an administrative decision, when differences between the mentioned ones arise from the very essence of differences between an administrative decision as an individual administrative act and a measure of a general nature as an administrative act of mixed character). The fundamental legal regulation on use of surface water is formed of the public regulation contained in Act No. 254/2001 Coll., on waters (the "Water Act"), and if water is the subject of interest of an exception to general use of surface water, then specifically in Sec 6(4) of the Water Act. For analyzing relevant consequences as selected with regard to the breadth of this issue, it is essential to deal with regulation contained mainly in Sec 115a of the Water Act. This is examined by means of the scientific research method of description and analysis of the current legislation, current case law and opinions of the professional public. A holistic view of the examined issue adds synthetic interconnection of partial questions. Does the established legislation fulfill its expected functions? Also raised are fundamental questions on this regulation, and the usefulness of their solution is answered.

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