The Conseil d’Etat is asked to review the order of the Prefect of June 3th 2002 modifying conditions to exploit a small hydropower plant. The order required an instream flow of 25 liters per second and prohibit the use of the turbine during summer. The applicant asked principally to rescind article 5 of the decree. Alternatively, it seeks the annulment of the whole order. It argued that the limitations of the order were not justified.

The Prefect has taken this order in application of the Law of January 3th 1992 on water (Law n°92-3). The purpose of this law is the management of water resources and the conciliation of water uses,  requirements of  supplying the population with drinking water, water conservation, agriculture, freshwater fishery, site protection and leisure activities.

The Court ruled that article 29 of Law of January 3th 1992 read in conjunction with article 14 of Law of July 19th 1976 give the opportunity to the Court to substitute its own decision for that of the administrative authority granting authorizations according the law on water, and especially for authorizations that allow exploitation of facilities built into the stream bed.  The Court can complete or add the obligation of the order, or substitute other rules to that fixed by the Prefect to preserve environment. Consequently, the Court modified the decision. It modified the instream flow quantity and rescinded the interdiction to use the turbine during summer.