In our country, there are 11,000 rivers flowing through various real estate – private, municipal, state lands, free ports, military bases. It is clear who owns the banks. But what about the water?
Don’t confuse the banks
Only slightly more than a third of the water bodies of rivers and lakes in Latvia meet good or high ecological quality, according to data from the parliamentary Commission for Long-Term Development.
Currently, deputies led by Uģis Mitrevics (former head of the Sigulda region, National Alliance) are working on a draft amendment to the Water Management Law. The qualifications of the commission's chairman can be trusted – he previously served as a forest ranger, environmental inspector, and deputy director of the Gauja National Park.
"Currently, – it is stated in the commission's materials, – the regulatory framework is inconsistent regarding the public's right to use waters, providing on one hand the right of foot passage and others along all types of waters (except those located within the boundaries of one property) and free use of water resources in cases established by law. On the other hand (consciously or rather unconsciously), the public's right to use waters is narrowed, extending it only to 42 rivers included in Appendix 1 of the Civil Law."
Owner of the river
At the same time, the rivers of Latvia, for which there seems to be legislation, are de jure res communis omnium – i.e., a public resource, but in reality constitute… abandoned property. "The regulatory framework of Latvia does not establish either a responsible structure for water management or obligations…" - the Saeima commission acknowledged.
Meanwhile, in the largest country of the European Union, Germany, rivers are, firstly, state property: the Rhine, Danube, and Elbe are owned by the federation or federal states.
Then there is municipal property: smaller rivers and streams often belong to cities or communities. Private ownership is rare: in exceptional cases (for example, small ponds or streams flowing entirely through private land), a water body may belong to the landowner.
However, according to the Water Law, any use (water extraction, discharge of substances) requires obtaining a permit, even if the land is private. Every citizen has the right to use rivers for recreation, swimming, rowing (in small non-motorized boats), and taking small amounts of water (by hand), as long as it does not harm the environment.
It seems that this logical legislation should be adopted by Latvia as well. So far, our parliamentarians have only reached the conclusion: "When determining that 'waters' are not objects of ownership, it is more clearly indicated that landowners of riverbanks do not have the right to flowing water, but they have the 'right to use waters' associated with the ownership of the banks and the riverbed."
