Chapter I: Drinking water.

In order to ensure the protection of water quality, the act declaring the works for the abstraction of water intended for human consumption to be in the public interest, as mentioned in article L. 215-13 of the Environment Code, determines an immediate protection perimeter around the abstraction point, the land of which must be purchased outright, and a close protection perimeter within which any kind of installation, work, activity, deposit, work, development or land use likely to directly or indirectly harm water quality may be prohibited or regulated. For abstraction points that are not considered sensitive within the meaning of article L. 211-11-1 of the same code, a remote protection perimeter may be added to the immediate and close protection perimeters. Within the remote protection perimeter, the installations, works, activities, deposits, works, development or occupation of the land and deposits mentioned above may be regulated.

When hydrological and hydrogeological conditions make it possible to effectively ensure the preservation of water quality through protection measures limited to the immediate vicinity of the water catchment, the act declaring the water catchment to be in the public interest establishes a simple immediate protection perimeter.

Underground water catchments with an annual average flow rate of less than 100 cubic metres per day are also subject to a simple immediate protection perimeter established in accordance with the procedures defined by order of the Minister for Health.

When the results of analyses of the quality of the water from the sampling points mentioned in the third paragraph of this article do not meet the quality criteria set by the order mentioned in the same third paragraph, establishing a proven risk of deterioration in the quality of the water, a close protection perimeter and, where applicable, a remote protection perimeter, as mentioned in the first paragraph, are added to the immediate protection perimeter.

Where land located within an immediate protection zone belongs to a public authority, the obligation to acquire the land referred to in the first paragraph may be waived by the establishment of a management agreement between the public authority or authorities that own the land and the public inter-municipal cooperation body or public authority responsible for the water catchment.

The act declaring the public utility of water abstraction works intended for human consumption determines, with regard to installations, works, activities, deposits, structures, development or land use existing on the date of its publication, the deadlines by which the conditions laid down in this article and its implementing regulations must be met.

The easements relating to the protection perimeters are not subject to publication in the mortgages. A decree in the Conseil d'Etat shall specify the publicity measures for the act declaring the public interest provided for in the first paragraph, and in particular the conditions under which owners are individually informed of the easements affecting their land.

Acts declaring the public interest determine, under the same conditions, the protection perimeters around existing extraction points and may determine protection perimeters around free-flowing supply works and underground reservoirs.

Notwithstanding any provisions to the contrary, public authorities that have acquired land located within the close protection perimeters of water abstraction points intended for human consumption may, when establishing or renewing rural leases referred to in Title I of Book IV of the Rural and Maritime Fishing Code relating to this land, prescribe land use methods to the lessee in order to preserve the quality of water resources.

Notwithstanding Title I of Book IV of the Rural Code, the Administrative Court has sole jurisdiction to settle disputes concerning leases renewed in application of the previous paragraph.

Within the close protection perimeters of water abstraction intended for human consumption, the communes or the competent public establishments for inter-communal cooperation may introduce the urban pre-emption right under the conditions defined in article L. 211-1 of the town planning code. This right may be delegated to the municipality or public inter-municipal cooperation body responsible for the production of water intended for human consumption under the conditions set out in article L. 213-3 of the Town Planning Code.

The department or a mixed syndicate set up in application of article L. 5721-2 of the General Local Authorities Code may, at the request of the service benefiting from the water catchment, ensure that the necessary measures are taken to establish the protection perimeters mentioned in the first paragraph.