Practice areas
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Water Law

The use of water is comprehensively regulated. We assist with permits, clarify ownership and usage rights, and represent clients in water-law proceedings. In this way we make sure that projects are legally secure and can be carried out in an economically sound way – we tell you frankly how we assess your matter and give you an estimate of the costs.

Water is subject to strict legal regulation – we guide your project through the permit procedure and keep an eye on conditions and deadlines.

The Austrian Water Act (WRG) governs the use and protection of water resources and affects public and private interests alike. It distinguishes between public and private waters and attaches an official procedure to almost every form of use. For Salzburg, with its lakes, rivers and abundant groundwater, this is a practically significant area of law – from heat pumps to small hydropower plants.

Our services in water law

  • Permit proceedings: applications, coordination with experts, representation at the oral hearing, conditions and ancillary provisions.
  • Water usage rights: review of existing rights in the water register, renewal, transfer on the purchase of property.
  • Water cooperatives: formation, statutes, governing bodies, membership contributions, withdrawal, disputes between members.
  • Easements: pipeline, spring and access rights, contractual protection and registration in the land register.
  • Water protection: protection of groundwater and springs, protection and conservation zones, conditions imposed on businesses.
  • Flood protection: participation in protection projects, questions of impaired discharge, compensation.
  • Proceedings and disputes: administrative penalty proceedings, appeal to the Provincial Administrative Court, civil disputes between rights holders.

Water management projects

Small hydropower plants, snowmaking systems, irrigation systems, flood protection structures and groundwater heat pumps require careful legal planning, because water-law, nature conservation and building-law procedures overlap. We guide project developers, municipalities, farmers and businesses through these parallel tracks and make sure the conditions remain economically viable and that the permit holds up against the project that is actually built later.

Jurisdiction in Salzburg

Depending on the project, the water authority of first instance is the district administrative authority or the City of Salzburg Magistrate, and for larger facilities the Salzburg Provincial Government. Existing rights are recorded in the water register kept by the authority. Appeals go to the Provincial Administrative Court of Salzburg. Projects on the Salzach, the Saalach and the Salzburg lakes frequently also involve nature conservation and fishing law.

A look at the water register belongs in every land purchase

Whether a water usage right exists, how long it runs and what conditions attach to it is recorded in the water register – not in the land register. Anyone acquiring a property with a well, spring, pond or facility should have this checked before signing the contract; an expired or untransferred right can shut the operation down. Get in touch and we will look at the rights and deadlines.

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Frequently asked questions

Do I need a water-law permit for a well?

Do I need a water-law permit for a well?

That depends on the type and extent of use. A domestic well for a household's own needs is exempt under certain conditions, because groundwater is available to the landowner for their own use. As soon as abstraction goes beyond that – for agriculture, commercial use, snowmaking or heat pumps using groundwater – a permit under the Water Act is generally required. We clarify this before drilling, not afterwards.

What is a water cooperative?

What is a water cooperative?

A public law body in which several parties join together for shared water supply, wastewater disposal, irrigation or the maintenance of facilities. It has statutes, governing bodies and membership contributions; its resolutions bind the members. It is established by administrative decision of the water authority. We draft statutes, clarify usage rights and represent both cooperatives and individual members.

How long does a water-law permit last?

How long does a water-law permit last?

Water rights are regularly granted for a limited period; the duration depends on the type of use and the purpose of the facility. Renewal must be applied for before expiry – anyone who misses the deadline loses the right and must run the procedure again under the law then in force. The deadlines are recorded in the water register (Wasserbuch); checking it is part of any property review.

Who is liable for water pollution?

Who is liable for water pollution?

The Water Act imposes strict responsibility on the polluter: the authority can order immediate measures, remediation and reimbursement of costs, irrespective of fault. Civil damages towards those affected and administrative penalties may follow as well. In business acquisitions and property purchases this risk should be examined in due diligence.

Am I a party to water-law proceedings as a neighbour?

Am I a party to water-law proceedings as a neighbour?

Yes, to the extent that existing rights may be affected – such as your own water usage rights, land ownership, or the risk of impairment through backwater, lowering of the water table or contamination. Objections must be raised at the latest at the oral hearing; anyone who stays silent loses party status. We review the project documents and formulate objections in time.

What is the water register for?

What is the water register for?

Water-law permits, usage rights, facilities and protected areas are recorded in the water register kept by the district administrative authority; anyone may inspect it, and the provinces mostly offer it online. When buying a property with a well, spring, pond or small hydropower facility, the entry shows whether a right exists, what it covers, how long it runs and what conditions attach to it. A missing or expired entry is a matter for the purchase negotiations and can hold up a project.

Last reviewed August 2026

This overview is general in nature and does not replace advice on an individual case. We research carefully; even so, errors cannot be ruled out and the law keeps changing. Binding information is given in a personal consultation.

Questions about water law?

Tell us about your case – we will give you a candid assessment and a clear picture of the cost.

Arrange an initial consultation
+43 662 26033