Facts
The Rempen compensation basin is part of the Wägital hydropower plant. To prevent clogging of the dam, the sediments deposited in the basin must be regularly removed. Until 1984, these flushings were carried out without authorization, but were then temporarily suspended. In 1988, the Cantonal Government of Schwyz approved a test flushing, and in 1994 the power plant owner applied for a permanent permit for periodic flushings.
The Public Works Department of the Canton of Schwyz obtained an expert opinion from the Federal Commission for Nature and Heritage Conservation and in 1998 approved four transitional flushings until 2001, as well as subsequent periodic flushings subject to conditions. Various anglers and fishing associations unsuccessfully filed a complaint against this with the Administrative Court and subsequently a administrative court appeal with the Federal Supreme Court.
Considerations
The Federal Supreme Court dismisses the appeal. The obligation to remove the sediments is based on a legal basis (Art. 27 of the Ordinance on the Enforcement of the Federal Act on Water Pollution Control). The requirement for a permit and the competence of the Public Works Department are also undisputed.
The approved removal procedure, which affects various interests, is disputed. According to the Water Protection Act (Art. 40 WPA) and the Water Protection Ordinance (Art. 42 WPO), flushings are permitted if no other environmentally compatible and economically viable procedure is available. The provisions of the Nature and Heritage Conservation Act (Art. 6, 7, 18 NCA) and the Alluvial Zone Ordinance (Art. 4) require qualified protection of the affected protected areas.…