Vesilain keskivedenkorkeuden pysyvää nostamista koskeva sääntely: tavoitteet, oikeudelliset mekanismit ja toimivuus

One of the aims of the new Water Act (587/2011) in Finland was to facilitate and simplify the process of getting a permit for an undertaking which aims at the permanent raising of the average water level of inland waters. The aim was especially to simplify and alleviate problems in getting a permit for recreational and environmental purposes. In this article, the regulations concerning a permanent raising of the water levels in the new Water Act are analysed critically in order to find out whether the new instruments of the Water Act are able to deliver the goal of facilitating and simplifying the process of getting the permit and also analysing the reasons why this goal cannot be necessarily achieved. The main finding of the article is that there are flawed instruments within the current Water Act, which may prevent the achievement of the goals set by the legislator. The main threats are: 1) functionality and lack of membership-base for the society regulated by the Water Act, which is usually functioning as the permit applicant and the responsible quarter for the permit, 2) problems in the equitable sharing of costs between the beneficiaries of the undertaking and 3) the possibility of major administrative costs for the beneficiaries due to certain land division proceedings.