Facts
The Central Swiss Power Plants AG (CKW) had been operating the Lungerersee power plant near Giswil since 1921 based on a concession granted in 1919. In 1980, the Canton of Obwalden decided to repurchase the power plant and operate it itself. In 1983, the Cantonal Government granted the Obwalden Electricity Works (EWO) the right to use the hydropower of Lake Lungerersee, the Kleine and Grosse Melchaa, the Giswiler Laui, the Mülibach, the Altibach, and the Tobelgraben.
In 1995, the Cantonal Government granted the EWO the concession for the expansion of the power plant, subject to numerous conditions and requirements. The WWF Switzerland, the Swiss Association for the Protection of Nature (SBN), and the Swiss Foundation for Landscape Conservation (SL) filed an administrative court appeal against this granting of the concession.
Considerations
The Federal Supreme Court upholds the appeals and remands the matter to the Cantonal Government for the necessary supplementary measures in accordance with the considerations.
The central points of the reasoning are
- The Giswiler Laui is to be considered a flowing water body with permanent water flow within the meaning of Art. 29 of the Water Protection Act, as it carries water at the planned withdrawal point on more than 347 days a year. Therefore, the requirements of Art. 31-35 of the Water Protection Act must be met.
- The residual water…