Effects of the Concept of the Dualist Division of Lakes in Polish Law on Shaping Lake Water Policy from the Hydrological Perspective

Autor: Michał Marszelewski, Włodzimierz Marszelewski
Jazyk: angličtina
Rok vydání: 2018
Předmět:
Zdroj: Water
Volume 10
Issue 11
Water, Vol 10, Iss 11, p 1495 (2018)
ISSN: 2073-4441
DOI: 10.3390/w10111495
Popis: Pursuant to the Polish Water Law Act of 2017, lakes are divided into those with flowing and stagnant waters. Such a division, originating from the socialist law, is questioned in the scope of numerous disciplines. One of them is hydrology. The legal division introduces criteria uncertain from the hydrological point of view, incomplete, unclear, and difficult to apply. This results in further problems in the implementation of water policy and in the socio-economic sphere. The latter particularly concerns expensive and long-lasting court proceedings, fear of losing ownership of lakes with no financial compensation, and the uncertainty of the binding law. This has a significant impact on the broadly understood management of water resources, such as fisheries, recreation, and water protection. The paper covers a comprehensive analysis and evaluation of Polish legal solutions from a hydrological and water policy perspective. Moreover, it presents the comparison of Polish law and selected legal orders in the scope of ownership of lakes.
Databáze: OpenAIRE