Hydropower

Hydropower - Water Rights Concessions

The granting or renewal of water rights concessions presents complex legal and strategic challenges for both authorities and concessionaires. In addition to ensuring the long-term use of public waters, the focus is particularly on issues related to legal validity, consideration of environmental and conservation interests, and, where applicable, adaptation to changes in the legal framework.

This therefore requires a careful balancing of (existing) usage rights against current requirements under environmental, energy, and land-use planning laws.

The granting and renewal of concessions require a careful examination of the legal foundations, particularly with regard to

  • reversion provisions (Heimfallregelungen),
  • compensation issues,
  • procedural rights of third parties,
  • as well as the integration of federal and cantonal law.

At the same time, issues such as residual water flows, ecological enhancement measures, and climate adaptation are becoming increasingly important.

The legally sound structuring of concessions or their renewals therefore requires forward-looking planning and support. This includes structuring the procedure, drafting robust concession terms, and minimizing legal risks in the context of balancing public interests with economic use.

We advise local authorities throughout Switzerland, as well as concession holders and (future) power plant operators, on the granting/acquisition and extension/renewal of water rights concessions to avoid protracted proceedings and conflicts.