Bavaria: Citizens‘ submission on Article 20a of the German Basic Law – Murnauer Moos (hydrological integrity)
Upper Loisach / Murnauer Moos – Hydrological Integrity
Preventive submission pursuant to § 13 BayVwVfG in conjunction with Art. 20a GG and Art. 141 BV. The focus is on the hydrological integrity of the upper Loisach and the Murnauer Moos, on groundwater levels and on the function of the moors as CO₂ sinks.
Prevention instead of after-the-fact adjustments: Art. 20a GG as a constitutional mandate for precaution and self-review.
What this is about
Recurrent special abstractions in the catchment area can cumulatively lead to falling groundwater levels and the mineralisation of peat bodies. This threatens drying-out, CO₂ release and the loss of moor habitats. The submission calls for a constitutionally guided self-review by the competent authorities – not only with regard to individual causes, but to the totality of influencing factors (water abstractions, drainage ditches, biomass use and tunnel construction).
Legal core
Art. 20a GG: State objective of environmental protection – duty to protect and take precaution
Art. 141 BV: Protection of nature and landscape in Bavaria
§ 13 BayVwVfG: Internal administrative submission triggering an official review
§ 24 BayVwVfG: Principle of official investigation – full clarification of the facts
§ 34 BNatSchG / Art. 6(3) Habitats Directive: Appropriate assessment for Natura 2000 sites
The aim is the constitutionally guided coordination of all involved specialised authorities, so that hydrological, ecological and climate-relevant interactions are captured and assessed cumulatively in an integrated expert report.
Status: Submitted on 05/11/2025 – an official response is still pending (Dossier · Phase I: Submission and expert resonance).
Cooperation: Expert input from journalism, river studies and science from the Loisach region; the submission bundles local observations, hydrological expertise and constitutional argumentation.
Resonance: Hydrological and forestry feedback confirms the perspective shift laid out in the submission: away from the view of individual abstraction points towards the entire upper Loisach. The cumulative effects of water abstractions, drainage, biomass use and the planned tunnel construction are treated as an interconnected system and are being further documented in depth.