To function properly, a Drainage Maintenance Services must lead to the open air (except during floods) but it is not harmful to a drain to be periodically clogged, which happens during rainy periods. Drainage outlets must be cleared after each flood, which must be the aim when maintaining the watercourse. When for this purpose the watercourse requires almost permanent Drainage Maintenance Services, there is a major problem that must be studied.
At the same time, it is good to look for an alternative solution on the side of the drainage network. This often consists of modifying the slope of the drain in the lower part of the plot or considering the creation of an artificial buffer wetland, a reedbed, a pond, or a small pond. These solutions can make it possible to avoid having to intervene in the watercourse.
Watercourse and hill reservoir: a few elements
The construction of a hill reservoir is subject to specific regulatory conditions depending on the water supply of the reservoir (watercourse, runoff, etc.). Thus, a body of water across a watercourse is subject to a very tedious and costly authorization procedure, which blocks the creation of lakes.
Article L.214-18 of the Environment Code requires any transverse structure in the minor bed of a stream (sills and dams) to leave a minimum flow in the downstream stream (or instream flow; it can be different depending on the time of year; we then speak of “instream flow”) permanently guaranteeing the life, circulation, and reproduction of the species present.
This rate, in general, should not be less than 1/10th of the module. It must not be less than 1/20th of the modulus on watercourses whose modulus* is greater than 80m3/s as well as downstream of works ensuring the production of electricity at peak times. These obligations apply to existing works when their authorization title is renewed or, at the latest, on 1 January 2014.
In addition, reservoirs must be made compatible with the SDAGE (Master plan for water development and management). Creating a hill lake across a stream seems like mission impossible! And even if it is a reservoir fed only by runoff water, the administration always tries to claim that it is fed by a spring or a river, which complicates the process. Clarifying definitions is therefore fundamental in the face of these recurring obstructions.
Conclusion
While the working group had not yet issued its conclusions and despite the CR’s warnings. On this subject, the mapping of watercourses had already started in several departments. At the end of March 2022, the CR learned that the texts resulted from. The working group was sent for signature, without the agricultural profession being notified. The services of the Ministry of Ecology refused to transmit these texts. Arguing that everyone will discover them “in due time”.
Using an open letter, the RC tried once again to assert the right by directly addressing Minister Ségolène Royal. Indeed, the Ministry of Ecology and its departments have, like. Our entire administration, a duty to set an example about respect for the law. Hopefully, this will also be the view of the administration!
It is essential that our vision, which is that of the law, wins to avoid litigation. In recent months, several cases (see our article on the case of Drainage Maintenance Services). Have indeed revealed abuses by the administration, which can lead. To a judicial runaway with dramatic consequences. . The CR calls on people with a problem of this type to contact the local relays of our union.
