Monitor Prawniczy

no. 19/2017

Responsibility for a breach of the obligation of proper maintenance of drainage channels

Marcin Dziurda
Autor jest członkiem Biura Studiów i Analiz Sądu Najwyższego.
Abstract

In accordance with the provisions of the Water Law Act, maintenance of drainage channels is a responsibility of the marshal of a self-governing voivodship. It is a government administration task delegated by law.

Responsibility for government administration tasks delegated by law lies with a local government unit which performs such tasks. The State Treasury is not responsible for performance of these tasks by local government units.

Consequently, it is a self-governing voivodship that is responsible for damage to crops resulting from a breach of the obligation of proper maintenance of drainage channels.