Droit et Cultures (Dec 2014)
De l’alchimie de l’eau à l’alchimie juridique : vers la reconnaissance de la valeur environnementale de l’eau ?
Abstract
The valorization of water is made up of 3 elements: the economic value (together of the wealths brought by water), social (vital contributions of water) and environmental (role of water in the ecosystems and the biodiversity). In period of drought, the representative of the State in the department, the Prefect, must take measures of police in order to protect the water resources and the aquatic environments by controlling the various uses of water according to their priority. The measurement of administrative police is then the order of the prefect of limitation of the uses of water. This decree is the starting point of our study on the recognition or not of the environmental value in the ediction of the texts but also in their application and perception on the ground of Cote d’Or. The environmental value of water is recognized through the documents of planning and the order of the prefect. However its recognition is far from being also obvious on the ground. The perception of the actors and users of water is somewhat different. Indeed, the environmental valorization of the resource water is also due to its application on the ground through the respect of the orders of the prefect of limitation of the uses of water via controls by the sworn in agents and a repression in the event of violation. The application of the decrees is the object of criticism: lack of policy of repression, difficulty of comprehension of the decrees because of their technicality but also of the sorrows inflicted to the contraveners, sorrows weak, lack of follow-up of the official reports. That questions the recognition of the environmental value of water since the policy of repression is not very voluntary, that the sorrows are weak even non-existent in the event of infringements. The environmental value of the resource water exists beautiful and well but it is more difficult to implement on the ground: lack of means, of will?
