Questione giuridica chiave
Whether a claim by the holder of a water-right concession against the state for repayment of allegedly overpaid water-right fees is governed by federal unjust-enrichment rules.
Decisione estratta
The claim is of public-law nature and is not governed by Art. 70 ff. OR.
Motivazione estratta
Because both the original fee claim and the repayment claim are shaped by cantonal public law, there is no room for applying the federal rules on unjust enrichment to a public-law payment made to the state.