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Outline 2 “Pre-Harmonization” Groundwater Management Perspectives EU’s DirectivesWhy Are the New Approaches Needed? Turkey’s Institutional Structure: DSI, GDWM Turkey’s New Legal System on Groundwater Management

3 “Pre-Harmonization” Legal System Law of Groundwater Turkish Environmental Law By-Law on Water Pollution Control There were three national by-law or law including some aspects about groundwater issues

4 Law of Groundwater Any research, allocation, utilization, protection and registration of groundwater are the main characteristics of the Law. Within the framework of the Groundwater Law, whenever and wherever each person intends to construct a water structure in order to provide groundwater they should get license from DSI. There are three types of licenses as “License of Exploration”, “License of Utilization” and “License of Modification”. In the Licenses, there are three important issues. These are; the owner of license, aim of water usage and amount of allocated water Any research, allocation, utilization, protection and registration of groundwater are the main characteristics of the Law. Within the framework of the Groundwater Law, whenever and wherever each person intends to construct a water structure in order to provide groundwater they should get license from DSI. There are three types of licenses as “License of Exploration”, “License of Utilization” and “License of Modification”. In the Licenses, there are three important issues. These are; the owner of license, aim of water usage and amount of allocated water

5 Turkish Environmental Law The main principle of The Law on Environment No (1983) is “Polluter pays”. This law contains the general principles for environmental protection and prevention of pollution, the measures and prohibitions related to environmental protection and penalties to polluters deteriorating the quality of water and groundwater The main principle of The Law on Environment No (1983) is “Polluter pays”. This law contains the general principles for environmental protection and prevention of pollution, the measures and prohibitions related to environmental protection and penalties to polluters deteriorating the quality of water and groundwater

6 By-Law on Water Pollution Control By-law on Water Pollution Control, which is the most vital by-law of Turkey on water and is under revision works nowadays, was prepared in the content of Law on Environment. The aim of By-law on Water Pollution Control is the protection of water quality, and so, groundwater quality. In this By-law, regulations and administrative penalties related to groundwater pollution are defined. Some examples are following: “Even if wastewater is treated, direct discharge to groundwater is not permitted”, “In coastal aquifer, for protection of groundwater quality, the amount of abstracted water is not to be higher than safety groundwater potential.” By-law on Water Pollution Control, which is the most vital by-law of Turkey on water and is under revision works nowadays, was prepared in the content of Law on Environment. The aim of By-law on Water Pollution Control is the protection of water quality, and so, groundwater quality. In this By-law, regulations and administrative penalties related to groundwater pollution are defined. Some examples are following: “Even if wastewater is treated, direct discharge to groundwater is not permitted”, “In coastal aquifer, for protection of groundwater quality, the amount of abstracted water is not to be higher than safety groundwater potential.”

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EU Directives on Groundwater There are mainly three directives talking on groundwater issues: EU Groundwater Directive (80/68/EEC) Water Framework Directive (2000/60/EC) New Groundwater Directive (2006/118/EC)

EU Groundwater Directive (80/68/EEC) 9 Groundwater Directive (80/68/EEC) As the firs directive on and only on groundwater, The Groundwater Directive (80/68) was prepared on December 17th, 1979 for the protection of groundwater against pollution caused by certain dangerous substances. This Directive provides a protection framework by preventing the direct discharge of high priority pollutants (List I) and subjecting the discharge of other pollutants (List II). For these issues, prior investigation and an authorization procedure are necessary on a case-by-case basis. Furthermore, according to this Directive, monitoring is required only for specific cases and is not generally required for all groundwater bodies.

Water Framework Directive (2000/60/EC) 10 WFD The WFD is the most substantial piece of water legislation ever produced by the European Commission and will provide the major driver for achieving sustainable management of water in the EU Member States. It requires that all inland and coastal waters within defined river basin districts must reach at least good status by 2015 and defines how this should be achieved through the establishment of environmental objectives and ecological targets for waters. Although this directive is not only on groundwater, there are lots of provisions on groundwater in this directive. The components of the Water Framework Directive dealing with groundwater cover a number of different steps for achieving good (quantitative and chemical) status by 2015

Water Framework Directive (2000/60/EC) 11 WFD Define and characterise groundwater bodies Register protected areas within each river basin districts, which have been designated as requiring specific protection of their surface and groundwaters Establish groundwater monitoring networks based on the results of characterisation and risk assessment. Design programme of measures for achieving WFD environmental objectives. Measures include, in particular, controls of groundwater abstraction, controls of artificial recharge or expansion of groundwater bodies. Point source discharges and diffuse sources liable to cause pollution are also regulated under the measures. Produce a river basin management plan (RBMP) for each river basin district which must include a summary of pressures and impacts of human activity on groundwater status, a presentation in map form of monitoring results, a summary of the economic analysis of water use, a summary of protection programmes and control and remediation measures.

EU Groundwater Directive (2006/118/EEC) 12 New Groundwater Directive (2006/118/EEC) The new Groundwater Directive, which is the most important document on groundwater currently, is created for groundwater protection against pollution and something under the Water Framework Directive In addition to WFD, this Directive defines new concepts on groundwater. The new groundwater directive sets groundwater quality standards and introduces measures to prevent or limit inputs of pollutants into groundwater. It establishes quality criteria that takes account local characteristics and allows for further improvements to be made based on monitoring data and other relevant knowledge Lots of provision about assessment on chemical status of groundwater..

Why a New Approach? 13 Why a New Approach Legal Gap, EU Requirements Inadequacy of Older Legal and Institutional System

Legal Gap, EU Requirements While talking on the reasons why Turkey needed new approaches on groundwater management, legal obligations should be considered firstly. As a candidate member of EU, Turkey has some obligations to EU laws. According to EU treaties, EU member states should implement the Directives into own legislation, to meet the requirements of the EU legislation. If they don’t implement these requirements correctly, the European Court of Justice can judge a member state for infringement of European law. Secondly it was clear that the Water Framework Directive contains many new elements for the Turkish legislation. A great number of concept were outsider in current Turkish legislation and instutional system, such as, measures to prevent illegal direct and indirect discharges, criteria for the assessment of good groundwater chemical status, establishing threshold values.. Moreover definitions like “water body”, “threshold value”, “trend reversal”, “significant and sustained upward trend”, “quality standard” etc. were foreigner for Turkish legal system 14

Inadequacy of Older Legal and Institutional System In addition to EU requirements, Turkey legal system on groundwater was also inadequate. Although Turkey legislations on groundwater were sufficient about quantity, there only a few provisions about quality. Moreover, a new insitutional structure was needed to cope with the new approaches. 15

New Institutional System 16 Ministry of Forestry and Water Affairs General Directorate of Water Management (GDWM) State Hydraulic Works (DSI) In addition to outdated legal system, there was a critique question also: which government agency is responsible for groundwater management? It was obvious that a competent authority should be introduced to fulfill the obligations under the EU Directives

17 DSI In new Turkish institutional system, two competent authorities are responsible for the management of groundwater under Ministry of Forestry and Water Affairs (MoFWA), which are DG for State Hydraulic Works (DSI) and DG for Water Management (DGWM). According to the provisions of DSI establishment law and groundwater law, DSI is responsible for the issues regarding the quantity of groundwater. In addition, DSI is responsible for identifying of groundwater bodies and characterisation also. In new Turkish institutional system, two competent authorities are responsible for the management of groundwater under Ministry of Forestry and Water Affairs (MoFWA), which are DG for State Hydraulic Works (DSI) and DG for Water Management (DGWM). According to the provisions of DSI establishment law and groundwater law, DSI is responsible for the issues regarding the quantity of groundwater. In addition, DSI is responsible for identifying of groundwater bodies and characterisation also.

18 General Directorate of Water Management (GDWM) While DSI is responsible for the issues regarding the quantity of groundwater, GDWM is responsible on quality of groundwater. GDWM is responsible to determine strategies, do a measures program, design the monitoring program, identify trends and trend reversal points also. While DSI is responsible for the issues regarding the quantity of groundwater, GDWM is responsible on quality of groundwater. GDWM is responsible to determine strategies, do a measures program, design the monitoring program, identify trends and trend reversal points also.

19 By-Law on The Protection of Groundwater Against Pollution and Deterioration  Considering the huge legal gap, MoFWA (specifically GDWM and DSI) has drawn a new by-law on groundwater: By-Law on The Protection of Groundwater against Pollution and Deterioration.  By-law on Protection of Groundwater Against Pollution and Deterioration including the provisions of Groundwater Directive as well as related provisions of Water Framework Directive has been taken into effect in by promulgation in Official Gazette no By announcing, this by-law has become a keystone for groundwater management issues in Turkey. GDWM By-Law (Quality) DSI By-Law (Quantity) Requirements

Content of By-Law on The Protection of Groundwater Against Pollution and Deterioration 20 Determination and characterization of groundwater bodies Criteria for assessment of good groundwater chemical status and good groundwater quantity and determination of threshold values Monitoring of groundwater qualityIdentification of significant and sustained upward trendsDetermination of starting points for trend reversalsProgramme of measuresInspections and sanctionsDetermination of groundwater protected areas

21 By-Law on The Protection of Groundwater Against Pollution and Deterioration  Definitions in this by-law have been designed in accord with EU Directives. “New concepts” for Turkey’s groundwater management area like “threshold values”, “groundwater body”, “trend reversal”, “significant and sustained upward trend”, “quality standard” etc. have been introduced by the by-law.  The deficit, especially on groundwater quality assessment, has been met.  Competent authorities on groundwater, penal provisions and schedule of processes have been determined.  It should be especially noted that, to learn how to implement the by-law, technical reports and guidances of Europe Commission has been started to focus on. EU Member State implementations on groundwater management have been now become pathfinder examples.  In short, the by-law has brought a contemporary approach in groundwater management.  Definitions in this by-law have been designed in accord with EU Directives. “New concepts” for Turkey’s groundwater management area like “threshold values”, “groundwater body”, “trend reversal”, “significant and sustained upward trend”, “quality standard” etc. have been introduced by the by-law.  The deficit, especially on groundwater quality assessment, has been met.  Competent authorities on groundwater, penal provisions and schedule of processes have been determined.  It should be especially noted that, to learn how to implement the by-law, technical reports and guidances of Europe Commission has been started to focus on. EU Member State implementations on groundwater management have been now become pathfinder examples.  In short, the by-law has brought a contemporary approach in groundwater management.

22 Projects Capacity Building Support to Turkey on Groundwater Management Assessment of Groundwater Quality and Quantity and Determination of Objectives In Order to Reach Good Groundwater Status: Buyuk Menderes River Basin Pilot Study MoFWA has planned some projects that are regardful both the by-law and EU Directives. These projects aim actually the appropriate implementation of the by-law and thus are in the scope of “new approaches”.

Capacity Building Support to Turkey on Groundwater Management 23 Capacity Building Support to Turkey on Groundwater Management The purpose of the project is strengthening capacity for the implementation of preliminary steps of EU Groundwater Directive (2006/118/EC) and groundwater issues of Water Framework Directive (2000/60/EC) in Turkey. Enhanced juridical capacity, improved technical and institutional capacity at adequate level; trained MoFWA’s (DSI and DGWM) staff about groundwater management; shared experience with a member state/s about transposition and implementation of 2006/118/EC Council Directive and related provisions of the Water Framework Directive (2000/60/EC) are some projected results of this project

EU Groundwater Directive (80/68/EEC) 24 Buyuk Menderes Pilot Study Buyuk Menderes River Basin Pilot Study is another planning project in the path of the appropriate implementation of By-law on Protection of Groundwater against Pollution and Deterioration. The project includes three chapter as following: Determination of groundwater bodies, their characterization, identification of pressures and impacts, determination of drinking water protection areas, determination of groundwater bodies at risk and threshold values; development of methodology and way how to assess the quality and quantity status of groundwater and implement this methodology pilot river basin designing a program of measures.

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