A regulatory authority had given a decision imposed limits for the owner of a dam regarding the maximum water level of the dam. The owner of the dam appealed the regulatory decision to the Land and Environment Court and meant that the regulatory authority had based its decision on inadequate and unreliable information. The owner furthermore meant that the regulatory authority could not prove that the prescribed levels were appropriate, or why the levels that he had suggested would be inappropriate. The water operations at the dam in question had not been subject to an authorisation procedure.

The Land and Environment Court of Appeal acknowledged that the regulatory decisions constituted an imposition to, without a prior authorisation procedure, comply with decisions regarding water operations. The Land and Environment Court of Appeal concluded that such a decisions should not be given without an authorisation procedure. It meant that it was important to ensure that the different sides were given a possibility to comment on the issue before a decision was given and that an evaluation should be made of which was the most appropriate regulation.

Thus, the appeal was sustained and the regulatory decision was revoked.