Water board law attorney & legal expert

Water board law

A water board is part of the government apparatus and manages water-related matters within a geographical area. A water board acts primarily in the interest of maintaining and managing water levels, wastewater and drinking water, dike management, nature management, and lock management. Entrepreneurs and private individuals can often find their interests affected when a water board carries out its duties. Because a water board is an administrative body of the government, administrative law applies to conflicts between entrepreneurs and a water board.

We assist organizations with, among other things:

• Water permits
• Objection and appeal procedures
• Supervision and enforcement
• Water level decisions
• Dike reinforcements
• Pollution
• Liability and damage
• Subsidy decisions
• Recoveries

We have the knowledge and expertise to assume diverse roles: from advice to dispute resolution. We have an experienced team of lawyers and legal experts in the field of water board law. Contact us to discuss the possibilities.

The legal framework of water board law

Water board law is a specialized area of ​​administrative law. A water board is, after all, a public body with its own, functionally limited task: water management. The organization and powers of the water board are laid down in the Water Boards Act. Since January 1, 2024, the substantive rules regarding water systems, water permits, and the management of dikes and surface water derive from the Environment and Planning Act (Omgevingswet), which has largely replaced the former Water Act. Because a water board is an administrative body, the General Administrative Law Act (Awb) governs every decision the water board takes towards entrepreneurs and private individuals: from a permit to an enforcement decision or a levy assessment.

For entrepreneurs, this means that decisions by the water board enjoy the same legal protection as any other government decision. Whether you are an international group with a discharge permit or the baker on the corner facing a tax assessment, you can lodge an objection and subsequently appeal to the administrative court. Our lawyers and in-house counsel are familiar with both administrative law and water-specific regulations, and translate these into a concrete strategy for your situation.

Inspection, register and the water permit

Many conflicts with a water board revolve around the Keur (the water board's regulation containing prohibitions and mandatory provisions) and the legger (the map recording the location of water management structures and the requirements they must meet). Anyone wishing to build, excavate, fill in, extract water, or discharge water within a protection zone often requires a water permit or must comply with general rules involving a notification requirement.

The preparation of many water-related decisions, such as a water level decree or a complex water permit, follows the uniform public preparatory procedure of Section 3.4 of the General Administrative Law Act (Awb). This means that a draft decision is first made available for public inspection, on which you can submit your views. Anyone who misses this moment may be in a significantly worse position later in the procedure. We ensure that your interests are presented in a timely and substantiated manner.

Water board levies and objection to the assessment

A water board largely finances its tasks through levies. The most important are the water system levy (for the management of flood defences and water levels), the purification levy and the pollution levy (based on the polluter pays principle), and the fees for processing permit applications. The amended Water Boards Act entered into force on January 1, 2026, with adjustments to the water boards' tax system.

You can lodge an objection against an assessment or decision within six weeks. Disputes often concern the basis of the levy, tariff differentiation, or incorrect registration. For entrepreneurs with high water consumption or a private discharge situation, a well-substantiated objection can make a substantial difference. We assess whether the assessment is legally and factually correct and, where necessary, conduct the objection and appeal procedure.

Enforcement, damage and disadvantage compensation

If a water authority identifies a violation of the Regulations or a permit condition, it may take enforcement action by means of an order subject to a penalty payment or an order subject to administrative coercion. Objections and appeals are available against such an enforcement decision, and there is often scope to mitigate the order, negotiate a longer compliance period, or substantiate that enforcement should be refrained from.

Conversely, an entrepreneur may suffer damage due to the actions or omissions of the water board, for example in the event of flooding, a change in water level, or dike reinforcement. Depending on the cause, the claim proceeds via compensation for disadvantage (lawful government action) or via liability for a breach of duty of care (tort). We assess which route is likely to succeed and draft the claim or defense.

Frequently asked questions about water board law

Do I always need a water permit?

Not always. For many activities, general rules apply requiring only a notification. However, for more extensive works in or near a water management structure, a water permit is required. Whether a permit is needed depends on the Regulations and the register of your water board.

Within what timeframe must I respond to a decision by the water board?

For a decision on an application or an assessment, a six-week objection period generally applies. For decisions prepared under Section 3.4 of the General Administrative Law Act (Awb), you must submit a view during the draft phase. If you respond too late, your right to object or appeal may lapse.

Does MKB Juristen also work for small business owners?

Yes. Our mixed teams of lawyers and in-house counsel work for a wide range of clients, from an international corporation to the baker on the corner. We scale our efforts according to the importance of the case, ensuring that legal assistance remains affordable for the smaller entrepreneur as well.