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In some areas (such as spas or health resorts), water from medicinal springs is to be used for both internal use (i.e. for drinking or inhalation) and external use (for bathing or spa treatments). In order to ensure that the water offered in this way is not only harmless to health, but also has a certain healing effect, certain requirements must be met. These are checked by the state in the procedure for recognition as a medicinal spring. Only if the relevant requirements are met can the spring be recognized by the state as a medicinal spring.
The preservation of medicinal springs must be necessary for reasons of public welfare. This is the case in particular if the water from the spring or well is harmless to health, has a certain quantity (amount of water), a certain physical property (e.g. heat), a certain chemical composition and a certain bacteriological quality.
To apply for state recognition, the operator of a medicinal spring must submit five copies of the documents required under Section 1 of the Ordinance on Medicinal Springs (Heilquellen-Verordnung - Heilquellen-V) to the district administrative authority.
The district administrative authority shall forward one copy of the application each to the Institute for Medical Information Processing, Biometry and Epidemiology of the Ludwig Maximilian University of Munich and the Institute for Water Chemistry and Chemical Balneology of the Technical University of Munich, the Water Management Authority and, if the spring has a saline content of more than 15 g/kg and/or in cases in which the mining authority is authorized to approve the application pursuant to Art. Art. 64 para. 1 sentence 1 BayWG is responsible as the water rights authority, also to the Mining Authority for comment. In particular, the official experts must propose the conditions required to safeguard the existence and quality of the medicinal spring.
The municipalities in whose area the medicinal spring will be developed or discharged must also be consulted on the application.
The district administrative authority, as the official expert, gives its opinion from a health perspective and submits this opinion together with the opinions of the other expert bodies to the district government for a decision.