The classification as a watercourse concerns the application of Articles L.214-1 to L.214-6 of the Environmental Code and is based on the three cumulative criteria of the definition of watercourses in the case-law of the Conseil d’État of 21 October 2011:
— the presence and permanence of a bed, which was originally natural (i.e. distinguishing a stream from a canal or a ditch dug by the hand of man but including in the definition a natural stream originally made artificial, subject to proof);
— a sufficient flow rate for most of the year (appraised on a case-by-case basis by the judge on the basis of local climatic and hydrological data and on the basis of presumptions such as the indication of the “watercourse” on an IGN map or the mention of its name on the cadastre);
— power from a source.
Warning: the information that must be read before consulting this layer is available on the website of the State Services in the Nièvre — (Public policies — Environment — Water) http://www.nievre.gouv.fr/cartographie-des-cours-d-eau-a1863.html
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