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Binding protection for groundwater| CLAW | Initiative for Climate Law

Binding protection
for Austria's
groundwater

Binding protection for Austria`s groundwater

Austria records the maximum amount of water that may be abstracted, but not how much is actually used. CLAW and ÖKOBÜRO have filed an application with the Environment Ministry to change that.

Austria meets almost all of its drinking water needs from groundwater and spring water. Yet no one records, on an ongoing and comprehensive basis, how much of it is actually abstracted. And binding rules for how to manage water in times of scarcity are still missing. Together with ÖKOBÜRO, CLAW has therefore filed an application with the Environment Ministry to close these gaps.

 

What this is about

The water register (Wasserbuch), which lists water rights, so far only records how much a holder is permitted to abstract. How much is actually abstracted is not recorded there. Private wells, including those used by farms, do not appear in the register at all.

As long as that is the case, there is little room to steer abstraction in dry periods. When groundwater runs low in a region, without the relevant data the authorities often have only one option: a blanket ban on taking water, which hits everyone equally hard. Binding rules on who takes priority when water is scarce, or on how the public is informed, do not yet exist.

 

Blind Spots in the Water Register

No recording of actual withdrawal volumes in the water log

No targeted management during dry periods

General halt to water withdrawals when groundwater in a region is running low

What this is about

What the application asks for

The application is addressed to the Environment Ministry and asks for several things:

  1.  Actual abstractions should be recorded systematically, on an ongoing basis and in a publicly accessible way. This applies to large permitted abstractions as well as to the significant abstractions that currently require no permit and therefore appear nowhere.
  2.  On the basis of this data, existing water rights should be reviewed. Many permits set maximum volumes that were granted years or decades ago. Whether they still match actual demand can only be assessed with real data.
  3.  For drought periods, a nationally binding emergency plan is needed. It should set out who takes priority when water is scarce, with drinking water first, and how the public is informed in good time about the rules that then apply.
  4.  Overall, the Ministry should fully implement its groundwater obligations under EU law, through binding regulations.

The planned
register

The Ministry is already working on a water abstraction register. According to the Ministry, the register serves above all for long-term planning and analysis.

This is exactly where the application comes in. A register creates knowledge, but knowledge alone does not protect groundwater. What matters is what the register actually governs, whether it also captures the significant smaller abstractions that add up overall, and whether the data is publicly accessible. A register also replaces neither binding rules for times of scarcity nor the review of permits granted long ago. Because the Ministry is currently working on a new set of rules, now is the right moment to ensure full implementation in line with EU law.



Why now

The situation is serious. The climate crisis is measurably changing Austria’s water balance. Between 1980 and 2010, annual evaporation rose by around 80 millimetres, or about 17 percent, and has remained high ever since. The study ‘Wasserschatz Österreich’ (Austria’s Water Treasure) projects that available groundwater resources will fall by around 10 percent by 2050, and by up to 23 percent on a less favourable path, while water demand rises by 11 to 15 percent. Spring 2026 was the driest since records began in 1858, with 47 percent less precipitation and temperatures 2.6 degrees Celsius higher than the long-term average. Dry spells are no longer the exception; they are increasingly becoming the norm.

Why now

What happens next

If the Ministry does not respond, or responds negatively, CLAW and ÖKOBÜRO can request a formal, appealable decision and challenge it before the Administrative Court. So the application is the first step in a possible legal process.

Support

Strategic proceedings need reliable backing. By becoming a supporting member, you help CLAW prepare such cases and see them through. Find out more here: https://www.climatelaw.at/spenden.html