Facts
Kraftwerke Oberhasli AG (KWO) operates nine hydropower plants in the Oberhasli region, which are fed by 19 water intakes and 8 reservoirs. With a building permit application dated 14 October 2005, KWO applied to the Water Management Office of the Canton of Bern (WWA) for the expansion of Lake Grimsel, in particular the renovation and increase of the dam walls Seeuferegg by 21.4 m and Spittellamm by 22 m, as well as the increase of the reservoir level of Lake Grimsel by 23 m to 1'931.74 m a.s.l. The WWA granted KWO the building permit with the overall construction decision of 14 March 2007. Numerous objectors filed an appeal against this decision with the Administrative Court of the Canton of Bern.Considerations
The Administrative Court annulled the overall construction decision and the coordinated building permit procedure. It assumed that the project requires an amendment to the existing concession and should therefore be assessed in the concession procedure; in this process, the Grimsel 1 hydropower plant (Grimsel machine group) must be comprehensively reassessed in terms of concession law. For this, the Grand Council, not the WWA, is responsible. The appellant KWO alleges that the contested decision violates its vested rights under the overall concession 1962/1973. The Federal Court dismisses the appeal. It confirms the interpretation of the Administrative Court that the planned increase of…