We could no longer water our vegetable garden with rainwater. This is what viral publications on social networks have been saying for several days. But, in reality, a decree of August 29 has been interpreted erroneously, tell us an environmental law lawyer and the Ministry of Ecological Transition. And the problem seems to come, basically, from a desire for legal clarification which has clearly not worked. Roll up your sleeves, we’re embarking on the twists and turns of writing a decree and interpreting it online.
It all started when professionals supporting rainwater autonomy projects shared their concern or anger in online publications. On Youtube, a video with Pierre Lecoleau and Benjamin Vialan, viewed more than 240,000 times since September 24, denounces this decree which, according to their interpretation, would “soon” prohibit rainwater “in homes and in the vegetable garden”.
The use of rainwater “in danger”?
They explain that the use of rainwater is “in danger” and call for defending the fundamental right to use it “before it is too late”. A petition, which has collected more than 9,000 signatures, has also been launched against this decree which “annihilates the domestic uses of rainwater in France”. Pierre Lecoleau, the petitioner, sees “serious clerical errors”. He develops his argument in a blog post on the Perperuna network website, which supports rainwater autonomy projects, and also in the YouTube video.
It is articles R 211-126 and 127 which are worrying. It is indicated that the use of rainwater and treated wastewater “is not possible” in “residential premises”, nor for “watering the green spaces of buildings”. So, Pierre Lecoleau is indignant, “the use of rainwater would not be possible in residential premises!!?? » and “we are no longer supposed to be able to water [son] garden with [son] rainwater !!! ? »
Anger goes viral
This interpretation of the decree was then taken up in sovereignist spheres in very viral posts on X, TikTok or Facebook, such as that of Florian Philippot who protests against the decrees “to prohibit the domestic use of rainwater, including for vegetable gardens? ! » in a post shared more than 2,000 times. Another post, shared more than 200 times, denounces “manipulation” with “the ban on using rainwater? », the decree must be “corrected”. “Water ban: Macron strikes again” denounces another publication shared more than 1,700 times on TIkTok.
But, as explained to 20 minutes Maître Marius Combe, environmental law lawyer at Hélios Avocats, the new article R. 211-123 of the Environmental Code resulting from this decree “only” regulates the uses of rainwater and wastewater processed non-domestically. And it is from this that we must understand the rest of the text. For this reason, “it is entirely logical that articles R. 211-126 and R. 211-127 exclude certain uses, to the extent that these are governed by other provisions, most often from the Code of public health”.
“The use of rainwater for gardens remains possible”
For example, “everything that concerns the reuse of rainwater for domestic uses inside and outside buildings is governed by article L. 1.322-14 of the Public Health Code And a decree of August 21, 2008 “. Thus, “the use of domestic rainwater for gardens remains possible,” he insists, “nothing has changed on this point. » The reading which consists of affirming the opposite is therefore “erroneous”.
By the way, what is this decree for? It mainly aims to make procedures more flexible to be able to reuse treated wastewater more (REUT). This is one of the measures of the Water plan, presented on March 30. This is about making it possible to “save water resources”, by using water leaving treatment plants for certain non-domestic uses, explains a press release of August 30 of the Ministry of Ecological Transition.
However, this decree has also caused “incomprehension” among professionals, notes, with 20 minutes, Thomas Contentin, president of the French rainwater industrial union (Ifep). Its application could restrict certain non-domestic uses, he fears, a concern shared by another union, Atep. in a press release.
A decree which is not “intended to govern domestic uses”
“The final decree is relatively well written from a legal point of view,” believes Master Marius Combe. We, legal professionals, are used to working on this type of text and dealing with this complexity. » However, there remains “a significant gap” according to him, in particular with regard to uses in installations classified for environmental protection (ICPE).
Contacted by 20 minutes, Pierre Lecoleau maintains his argument, fearing that articles R. 211-126 and R. 211-127 prohibit domestic uses of rainwater. He explains to us that he is in contact with a lawyer to launch an official appeal to the Council of State and “demand the rectification” of the decree.
But, these two articles are, in fact, a reminder of what is not taken into account: “Through this text, the government intended to govern exclusively non-domestic uses,” explains Master Marius Combe. It is therefore normal that domestic uses are not affected! » He sees it as “an educational effort” which consists of listing uses which are not intended to be regulated, which seems to be at the heart of the incomprehension.
A desire “to clarify as much as possible”
Contacted, the Ministry of Ecological Transition confirmed this reading: “Domestic uses of rainwater are excluded from the scope of the decree, in other words, the decree does not apply to domestic uses. “The interpretation detailed on Perperuna’s blog is therefore “incorrect”, points out the ministry.
“This is not a clerical error, but rather a wish expressed during our discussions with the Council of State to clarify as much as possible the scope of application of the various decrees which relate to types of water and/or different uses,” he emphasizes. This clarification will concern treated wastewater leaving treatment plants and rainwater for non-domestic uses, the use of water unfit for human consumption for domestic uses and the reuse of water in industries. agro-food.
The use of rainwater for domestic uses, such as watering vegetable gardens, remains “for the moment regulated by the decree of August 21, 2008”, the Ministry of Ecological Transition tells us. But it is expected to evolve “in the coming months” via the publication of a decree and an order. Which will hopefully be clear to everyone.