In cases where a watercourse is substantially affected by water withdrawals, it shall be remediated below the point of withdrawal according to the instructions of the authorities in so far as is possible without infringing existing water use rights to the extent of justifying a claim for compensation by the user.
The authorities shall order more extensive remediation measures in cases which concern watercourses situated in landscapes or including habitats which are listed in national or cantonal inventories, or in cases where overriding public interests require it. The procedures for ascertaining whether compensation must be paid and for fixing their amount shall be based on the procedures contained in the Compulsory Purchase Act of 20 June 193098.
If small hydro-electric power plants or other installations on waters of historic value are affected by the order for more extensive remediation measures in areas listed in inventories in terms of paragraph 2, the authority shall weigh up the interests of the protection of cultural heritage versus that of the listed areas.99