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Outline 2 Earlier Groundwater Management Approaches of Turkey European Union: An Example for Groundwater Management Turkey Current Situation and Distances Done in the Groundwater Management Area Conclusion

There have been three national by-law or law including some aspects about groundwater issues 3 Earlier Legal System Law of Groundwater Turkish Environmental Law By-Law on Water Pollution Control

4 Law of Groundwater Any research, allocation, utilization, protection and registration of groundwater are the main characteristics of the Law. Whenever and wherever each person intends to construct a water structure in order to provide groundwater they should get license from DSI within the framework of the Groundwater Law. 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. Whenever and wherever each person intends to construct a water structure in order to provide groundwater they should get license from DSI within the framework of the Groundwater Law. 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

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 5 Turkish Environmental Law

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.” 6 By-Law on Water Pollution Control

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EU Directives on Groundwater There are mainly three directives 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) Groundwater Directive (80/68/EEC) As the firs directive 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 groundwater protection framework that requires prevention of the (direct or indirect) introduction of high priority pollutants into groundwater and limiting the introduction into groundwater of other pollutants so as to avoid pollution of this water by these substances. It will be repealed by 2013 under the Water Frame- work Directive. It will remain one the effective EU legislative instruments for preventing or limiting pollution until this date, and then be relayed by the new Groundwater Directive. 9

Water Framework Directive (2000/60/EC) 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. 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

Water Framework Directive (2000/60/EC) 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. 11

EU Groundwater Directive (2006/118/EEC) 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.. 12

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

Legal Gap, EU Requirements Legal obligations should be considered firstly while talking on the reasons why Turkey needed new approaches on groundwater management. As a candidate member of EU, Turkey has some legal obligations. 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, the European Court of Justice can judge a member state for infringement of European law. Moreover, EU Directives can have direct influence, so even if not implemented, their requirements are binding 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 Earlier 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 institutional structure was needed to maintain the new approaches. 15

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New Institutional System 17 Ministry of Forestry and Water Affairs General Directorate of Water Management (GDWM) State Hydraulic Works (DSI) In addition to earlier insufficient legal system, there was an important question also: which government agency will be responsible for new groundwater management approaches? It was obvious that a competent authority should be introduced to fulfill the obligations under the EU Directives

18 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 characterization 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 characterization also.

19 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.

20 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 21 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

22 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.

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24 By-Law on The Protection of Groundwater Against Pollution and Deterioration Steering Group -For the implementation and scheduling of the By-Law a Steering Group has been established. The Group has carried out 5 Meetings so far. DG of Water Management, DSI, Ministry of Environment and Urbanization, Ministry of Food, Agriculture and Livestock are the participant institutions of the Group. Implementation Plan - As a decision of the meetings, a “Implementation Plan” has been prepared. The Plan, determined some river basin as “prior” to deal with. Moreover, there are dates of implementation steps of By-Law in the scale of river basins.

Project 25 MoFWA has planned a project that is regardful both the by-law and EU Directives. The project aims actually the appropriate implementation of the by-law and thus are in the scope of new legal and institutional 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. By the project, Groundwater Directive (2006/118/EC) and related provisions of the Water Framework Directive will be implemented in two pilot river basins 26