The Right of the Landowner to Normal Use of Water in the Light of the Provisions of the Water Law

Abstract

Water is one of the most important components of the environment, without which its proper functioning is impossible. To protect it, the Water Law Act of 20 July 2017 was adopted, which comprehensively regulates the issue of water management and protection. As part of water management, attention should be paid to the right to ordinary use of water, which is intended to allow the property owner to use water in small amounts for his own needs. However, the legislator formulated the provisions imprecisely, which led to several legal problems. By thoroughly analyzing the content of Article 33 of the Water Law, it can be stated that the group of persons entitled to ordinary use of water is not strictly limited to property owners. It can also be stated that not everyone conducting agricultural activity will be entitled to ordinary use of water. Moreover, the conditions of ordinary use of water arising from the provisions of the Water Law do not excessively and disproportionately violate property rights.