Water law

Challenges to water and public authorities

Water boards operate in a dynamic arena. On the one hand, water challenges are increasing due to longer periods of drought, more extreme rainfall and rising sea levels On the other hand, the legal frameworks are becoming more complex and the room for administrative discretion is more limited than before.

In practice, we see that water authorities and other public authorities are facing the following and other challenges:

• Attaining water quality objectives within strict European deadlines;
• Combining water safety, nature, agriculture and spatial development;
• Increasing numbers of objection and appeal proceedings from private individuals and interest groups;
• Complex decisions required by the Environment and Planning Act;
• Collaboration with other public authorities, market parties and landowners.

Nysingh provides support to water and public authorities in facing these challenges. We advise and litigate across the full breadth of water law, with a clear eye for governance dynamics, practical feasibility and societal impact

Water regulation and comprehensive water management

Water regulation is, by definition, integral. Decisions on water quality, water quantity, water safety and ecology are all interlinked and affect both public and private law interests. In that regard, water authorities must constantly navigate between obligations and policy discretion, and between their own powers and those of other public bodies

The implementation of the Environment and Planning Act has reinforced this integral nature. Decisions on projects, permits, enforcement and participation have become even closer intertwined. This requires water authorities to structure their decision‑making with legal precision and to be able to substantiate it convincingly, including before the courts.

European regulations and the Water Framework Directive (WFD)

An important facet of water legislation finds its origin in European regulations. Directives on water quality, nature and the environment provide binding objectives and deadlines which find their way directly into national and local policies. For water authorities, this means that choices about policy and projects must be assessed legally against the European standards.

Water Framework Directive (WFD)

The Water Framework Directive (WFD) is a central framework in this regard. It obliges Member States, and therefore also water authorities, to ensure a good ecological and chemical status of surface water and groundwater. In practice, this raises complex questions about the following:

• The establishment and substantiation of water quality objectives;
• The legal status of WFD standards in the decision-making process;
• The relationship between water-level decisions, permits and WFD objectives;
• Enforcement and liability if the objectives are not achieved.

Nysingh advises and regularly litigates on WFD-related matters and supports water authorities in formulating legally sound policies and decisions.

Water board lawyers

Nysingh has been providing legal services to a large number of water authorities and other public authorities for many years. We understand the administrative practice and the societal context in which you operate. Our lawyers have extensive experience in both advising and litigating on the performance of water authorities’ statutory duties.

We provide support in such as dike reinforcements, project decisions and project plans, land acquisition and obligations to tolerate, water permits, water-level decisions, conversion activities, soil contamination and construction near water defences. It goes without saying that we always observe governance, supervision and administrative relationships.

Our support in practice

We advise and assist in the following and other matters:

• Project decisions, including any mandatory dike reinforcements;
• Land acquisition, expropriation and obligations to tolerate, and the instruments required to perform any demands imposed;
• The issue of various types of water permits and water-level decisions;
• Traffic management decisions and roads legislation;
• Subsidies and financing issues;
• Advice and assistance on decisions (and their preparation) regarding the instruments referred to above;
• Public and private partnerships and associated jurisdiction issues;
• Governance, supervision and integrity issues within water authorities;
• Liability matters and any associated civil proceedings.

We provide strategic support at an early stage, but are also happy to assist you in objection and appeal procedures, enforcement matters and civil disputes.

Contact our specialists

At Nysingh, an experienced team of water law specialists is ready to support you We understand both the legal and administrative challenges you face and provide practical, well‑substantiated solutions.

Feel free to contact us for a non‑committal meeting and discover how we can support and strengthen your organisation