Decree No. 24 / 2011 Coll.
Order on river basin management plans and plans
Valid
Effective from 04.03.2011
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24
DECLARATION
of 2 February 2011
on river basin management plans and plans
The Ministry of Agriculture and the Ministry of the Environment, pursuant to Articles 25 (2) and 26 (2) of Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended by Act No. 150 / 2010 Coll., hereinafter referred to as "the Act ':
Subject matter
This decree implements the relevant provisions of the European Union1) and provides for
(a) the content of river basin management plans and plans;
(b) the content of the basic and supplementary measures for the protection of waters provided for in Article 23a of the Law;
(c) details of the stages of the design of the plans referred to in (a);
(d) the method and form of processing the preliminary assessment of flood risks;
(e) the method of determining areas with significant flood risk;
(f) the content and manner of processing of flood hazard maps, flood risk maps and forms of publication thereof;
(g) the way in which preparatory work, river basin management plans and flood risk management plans are made available for the active involvement of water users and the public;
(h) the way in which the plans referred to in (a) are processed.
Definition of terms
For the purposes of this decree:
(a) the water services of all activities which provide households, public institutions or any economic activity with the collection, pooling, extraction, treatment and distribution of surface or groundwater, or the drainage and treatment of waste water with subsequent discharge into surface water;
(b) a water service at risk which, on the basis of an analysis of the general and aquatic characteristics and an assessment of the impact of human activity, is found to be at risk of non-compliance with the water protection objectives as an environmental component at the end of the river basin management plan period;
(c) a protected area of territory which, following the water bodies of surface or groundwater, requires special protection under the Act or the Act on Nature and Landscape Conservation;
(d) an area with a significant flood risk of a territory in which significant flood risks exist or are likely to occur.
Content of river basin management plans and plans
(1) The national river basin management plan contains the text part, the spreadsheets and the map annexes. The basic content of the national river basin management plan is set out in Annex 1 to this Decree. The map annexes shall contain the maps listed in Annex 2 to this Decree. The basic content of the national river basin management plan shall be supplemented according to the results of the stages of the river basin management plan and the requirements resulting from the international coordination of work within the international areas of the Elbe, Oder and Danube basin.
(2) The sub-basin plan complements the national river basin management plan with details and draft measures. The basic content of the sub-basin plan is set out in Annex 3 to this Decree.
(3) The flood risk management plans are processed separately for each part of the international river basin management areas in the Czech Republic in coordination with the relevant river basin management plans. The content of the flood risk management plan is set out in Annex 4 to this Decree.
Content of basic and complementary measures
(1) The basic measures for water protection under Article 23a of the Law proposed in the river basin management plans are:
(a) the measures required for the implementation of European Union provisions on water protection, including those required under European Union2);
(b) measures to adjust the price policy, which will apply the principle of cost recovery in the light of the economic analysis provided for in Article 11 and in accordance with the principle of the polluter pays, and which will create sufficient incentives for the efficient use of water resources and thus achieve the objectives of water protection as an environmental component, to ensure adequate revenues for water services from industry, agriculture and households, taking into account established practice, social, environmental and economic consequences of the payment of water services and the geographical and climatic conditions of the territory concerned;
(c) measures to promote efficient and sustainable water use with a view to achieving the objectives of water protection as an environmental component under Article 23a of the Act;
(d) measures to protect water and water resources used for the production of drinking water;
(e) measures to protect bathing waters;
(f) the regulation of surface and groundwater sampling and surface water leaching which have a significant influence on the water status;
(g) regulation of artificial infiltration or replenishment of underwater waters;
(h) measures to prevent and control pollution from point sources, including measures to reduce the extent of mixing zones;
(i) measures to prevent or control pollution from surface sources;
(j) measures to prevent the entry of any substance capable of causing pollution into groundwater without undergoing soil or soil filtration, taking into account best practices, including best environmental practices and best available techniques as provided for in other legislation, 17)
(k) measures to prevent the entry into groundwater of any of the substances listed in Annex 1 to the Act;
(l) measures to reduce pollution of surface water and groundwater by hazardous and particularly dangerous harmful substances;
(m) the measures necessary to prevent significant releases of pollutants from technical installations and to prevent or mitigate the consequences of incidents causing emergency pollution;
(n) measures for any other significant adverse effect on the condition of water identified in the preparation work, in particular measures to ensure appropriate hydromorphological conditions of the water body, enabling the required ecological status or good ecological potential for water bodies classified as artificial or strongly affected;
(o) measures for the protection of aquatic ecosystems, terrestrial ecosystems and the use of groundwater by persons dependent on the part of the groundwater body represented by a monitoring site or sites where the value of the groundwater quality standard or threshold has been exceeded;
(p) the measures needed to reverse significant and sustained upward trends identified in groundwater bodies with a view to progressively reducing groundwater pollution and preventing their deterioration.
(2) The additional measures are in particular:
(a) legal instruments;
(b) administrative instruments;
(c) economic and fiscal instruments;
(d) agreed environmental agreements;
(e) emission control;
(f) codes of practice;
(g) re-establishment and restoration of wetlands;
(h) restrictions on water sampling;
(i) measures to influence requirements, including support for adapted agricultural production, such as the cultivation of crops with low moisture requirements in areas affected by drought;
(j) measures aimed at efficiency and reuse, including support for industrial economy technologies and water-saving irrigation practices;
(k) construction projects;
(l) revitalisation projects;
(m) artificial replenishment of aquifers;
(n) training projects;
(o) research, development and demonstration projects.
Documentation for preparatory work and design of plans
The documentation for preparatory work and the preparation of draft plans shall include in particular:
(a) State map works intended for public uses3) or map works based on them;
(b) information collected in public administration information systems;
(c) the data and outputs of the water balance pursuant to Section 22 of the Act;
(d) demographic and economic data of the Czech Statistical Office for individual municipalities,
(e) approved water and sewage development plans (4);
(f) land planning documents, land planning documents and land use data;
(g) data from approved land-based units (5);
(h) data on flood protection status;
(i) data on landscape water regime;
(j) action plans or programmes adopted to implement European Union legislation and to implement the commitments of the Czech Republic resulting from international water agreements and commitments;
(k) information on the use and handling of waters;
(l) data on emissions, discharges and releases of priority substances pursuant to a government decree issued pursuant to Article 39 (3) of the Law and Aldrin, Dieldrin, Endrin, Isodrin, p, p '-DDT, DDT total, tetrachloroethylene, tetrachloromethane and trichloroethylene, conducted under another legislation (6) and, where appropriate, on the basis of other available data, into surface waters;
(m) data on effects on surface and groundwater status;
(n) data on monitoring programmes and the results of the assessment of water status;
(o) economic data on water use; and
(p) data on flood damage in individual municipalities.
Preliminary assessment of flood risks and delimitation of areas with significant flood risk
(1) The preliminary assessment of flood risks is based on available and easily detachable information, it is processed for individual parts of international river basin areas in the Czech Republic using documentation on specified flood areas pursuant to § 66 (6) of the Act and documentation and assessment of floods according to § 76 of the Act.
(2) The preliminary assessment of flood risks shall include in particular:
(a) maps of the national parts of the international river basin areas of the Czech Republic on an appropriate scale, including the boundaries of the sub-basins, showing the location and use of the territory;
(b) a description of floods which have in the past had significant adverse effects on human health, the environment, cultural heritage and economic activity and which are likely to occur in the future, including the extent and course of the floods and the evaluation of the adverse effects they have generated;
(c) a description of significant floods in the past where significant adverse effects can be expected for similar floods in the future;
(d) an evaluation of the effectiveness of the measures implemented and prepared to reduce flood risk.
(3) An assessment of possible adverse effects of future floods on human health, the environment, cultural heritage and economic activity may be carried out in areas where significant floods have not been recorded, taking into account the victualling, location of watercourses and their hydrological and geomorphological characteristics, including flood areas as natural areas for water retention, the effectiveness of existing flood protection, the location of populated areas and areas with economic activity and long-term development, including the effects of climate change on the occurrence of floods.
(4) Areas with significant flood risk in the various parts of the international river basin areas in the Czech Republic are defined according to the number of potentially affected residents and the value of potentially affected property in the municipalities concerned. At the same time, the risks to the environment by hazardous substances and cultural heritage shall be taken into account. The definition of areas with significant flood risk shared with neighbouring States shall be carried out in coordination with those States.
Time schedule and work programme for river basin management plans
(1) The timetable and work programme for the development of river basin management plans will take into account the requirements of the International Commissions (7), which coordinate the development of river basin management plans and plans for flood risk management in international areas of the Elbe, Oder and Danube basin.
(2) The timetable and work programme for the management of river basin management plans shall be coordinated with the preparation of the relevant flood risk management plan and shall include in particular:
(a) an analysis of the general and aquatic characteristics of the basins;
(b) an assessment of the impact of human activity on surface and groundwater status;
(c) the processing of flood risk maps and flood risk maps;
(d) economic analysis of water use;
(e) setting objectives for the river basin management plan;
(f) an overview of significant water management problems;
(g) identification of heavily affected and artificial aquatic bodies, including an assessment of the impact of the measures proposed in flood risk management plans on water status;
(h) the proposal for specific objectives under Article 23a (4) of the Act;
(i) draft measures to achieve the objectives;
(j) draft river basin management plans and plans;
(k) reminding of the results of preparatory work;
(l) reminders of draft river basin management plans and plans;
(m) an assessment of the environmental impact of river basin management and flood risk management plans.
(3) The timetable and work programme for the treatment of river basin management plans shall specify the period during which the supporting documents used pursuant to Article 5 will be collected. The period shall be determined on the basis of the availability of background data and data, taking into account the requirements of the international commissions coordinating the preparation of the plans of the international areas of the Elbe, Oder and Danube basin.
Analysis of general and aquatic characteristics
(1) The analysis of the general and aquatic characteristics is to be carried out for each sub-basin for levels
(a) the sub-catchment area,
(b) water bodies,
(c) protected areas.
(2) The analysis of the general and water-related characteristics for the level of the sub-basins contains in particular:
(a) information on geographical characteristics;
(b) information on hydrogeological conditions, in particular on overlying layers of groundwater infiltration areas;
(c) information on the river network and groundwater;
(d) information on water bodies, including their location and borders;
(e) demographic and socio-economic information;
(f) information on how the territory is used, including the identification of the main urban, industrial and agricultural areas, as well as, where appropriate, fishing and forestry areas and recreational areas;
(g) information on the use of the territory in the infiltration areas or areas from which groundwater is added, including the introduction of pollutants and changes in the characteristics of the restocking of groundwater by human activity;
(h) identification of current and future water use requirements;
(i) identification of current and estimated future requirements for flood protection and other harmful effects of water.
(3) The analysis of the general and water-based characteristics for the level of water bodies includes in particular:
(a) the identification of links between groundwater bodies, surface water bodies and water or water-bound terrestrial ecosystems and the determination of groundwater bodies on which surface water ecosystems or terrestrial ecosystems are directly dependent, including the proposal for a adaptation of the definition of water bodies, where links between water bodies or protected territories cause a risk of failure to achieve the objectives of protecting and improving the status of surface water and groundwater and aquatic ecosystems in the part of the water body;
(b) information on the types and levels of human activities to which surface and groundwater bodies are exposed, in particular:
1. estimates and identification of significant sources of pollution, in particular the substances listed in Annex 1 to the Act, from municipal, industrial, agricultural and other facilities as required in Part 1.4 of Annex II to Directive 2000 / 60 / EC;
2. estimates and identification of significant withdrawals from groundwater and surface water, discharges into surface water and artificial replenishment of groundwater, broken down for communal, industrial, agricultural and other uses, including their location, seasonal variability, total annual quantity and chemical composition,
3. Estimates and identification of the effects of significant water outflow control, including the conversion and diversion of water to total flow characteristics and water balance;
4. identification of significant morphological modifications to water bodies;
5. estimates and identification of other significant effects of human activity on the state of water.
(4) In addition to the analysis referred to in paragraphs 2 and 3, risk water bodies shall also analyse the general and water-based characteristics used to optimise the design of water survey and assessment programmes and the draft measures.
(5) The analysis referred to in paragraph 4 shall in particular include:
(a) the size of the water bodies;
(b) the geological characteristics of the water body, including the scope and type of geological units;
(c) hydrogeological characteristics of the water body, including permeability, porosity and tension of groundwater level;
(d) the characteristics of surface sediments and soils of the infiltration area, including the power, porosity, permeability and absorption properties of sediments and soils;
(e) the stratification characteristics of groundwater in the water body;
(f) the list of related bodies of surface water, water and terrestrial ecosystems with which the water service is hydraulically linked, including the estimation of directions and the share of water exchange between them;
(g) sufficient data to calculate the long-term annual average quantities of sampling and the total replenishment of groundwater, including the positions of all sampling and discharge points;
(h) the chemical composition of the waters discharged to the body of groundwater;
(i) a description of the chemical composition of groundwater, including a specification of the degree of influence on human activities;
(j) an overview of the pollutants or pollution indicators on the basis of which the bodies of groundwater have been classified as hazardous;
(k) the groundwater quality standards (22) to which the risk relates, including actual or potential uses or functions of groundwater bodies and relationships between groundwater bodies and related surface waters and directly dependent terrestrial ecosystems;
(l) in the case of naturally occurring substances, information on the level of natural background in groundwater bodies;
(m) information on possible exceeding of the thresholds;
(n) a further assessment of the trends in contaminants from the contaminants with regard to their spread and their impact on the state of water, the environment and human health.
(6) The analysis of the general and aquatic characteristics for groundwater bodies further includes:
(a) thresholds applicable at national or sub-basin level or national parts of international river basin areas or at the level of the body or group of bodies of groundwater and the determination of the relationship between the threshold values; and
1. background levels for naturally occurring substances;
2. related surface waters and directly dependent terrestrial ecosystems,
3. groundwater quality standards 22) and other water protection standards; and
4. any available information on toxicology, ecotoxicology, persistence and bioaccumulation potential of pollutants and their tendency to disperse;
(b) the procedure for applying the methodology to determine background levels under the legislation governing the groundwater status assessment (23);
(c) the reasons for not setting thresholds for any pollutants and indicators from the minimum list of pollutants and their indicators (23);
(d) the main elements of the assessment of groundwater chemical status, including the level, method and period of summary of the monitoring results, the definition of the acceptable extent of excess and the method of calculation in accordance with the legislation governing the assessment of groundwater status 24).
(7) The analysis of the general and aquatic characteristics of the level of protected areas contains in particular:
(a) identification of links between protected areas and water bodies;
(b) information on water sources, including the identification of points of water collection with a yield of more than 10 m3 / day and places for drinking water serving 50 or more persons and the annual average samples from those sources;
(c) information on surface waters used for bathing persons;
(d) data characterising the state of the individual protected areas;
(e) estimates of the effects of human activity referred to in paragraph 3 (b) on the state of each protected area.
Evaluation of the impact of human activity on surface and groundwater status
(1) The assessment of the impact of human activity on surface and groundwater status is carried out for individual water bodies.
(2) The assessment of the impact of human activity on surface and groundwater status includes in particular:
(a) an assessment of the sensitivity of surface water bodies to the impacts of human activity under Article 8 (3) (b);
(b) assessment of the risk of failure to achieve the objectives of water protection as an environmental component under Article 23a of the Act in individual water services;
(c) processing of the list of emissions, discharges and releases of all priority substances and pollutants (8) from the data referred to in Section 5 (l);
(d) evaluation of previous measures9) taken to limit the negative impact of human activity on the state of water;
(e) a proposal for the definition of heavily affected and artificial aquatic bodies (§ 14);
(f) assessing the expected impacts of the different climate change scenarios on:
1. the effects of human activity on water status and protected areas;
2. water resources and water services.
(3) Reference periods (10) for the determination of substance values in the list referred to in paragraph 2 (b). (c) shall be 2010; for those substances covered by Directive 91 / 414 / EEC, they shall be calculated as the average of 2008, 2009 and 2010. When updating river basin management plans, the reference period shall be the year before the preparatory work is completed. For substances covered by Directive 91 / 414 / EEC, they shall be calculated as an average of the last three years before the preparatory work is completed.
Flood hazard maps and flood risk maps
(1) Flood hazard maps shall cover territories which could be flooded under the following scenarios:
(a) a flood with low probability of occurrence (probability of recurrence of 500 years), or even recorded extreme flooding,
(b) a flood with a moderate probability of occurrence (probability of recurrence of 100 years);
(c) flood with high probability of occurrence (probability of recurrence of 20 years).
(2) For each scenario, the flood hazard maps shall display the flood range, water depth, or current rate or corresponding water flow. In addition, sections of the flows where significant movement of sediments or transport of drifting objects occurs and thereby affect the flow of rigs and transverse structures during flooding shall be indicated.
(3) The flood risk maps shall indicate a cumulative flood risk assessment of at least all scenarios referred to in paragraph 1 and include their possible adverse consequences under:
(a) an estimate of the number of potentially affected inhabitants;
(b) the type of economic activity in a potentially vulnerable area;
(c) establishments listed in Annex I to Directive 96 / 61 / EC which may cause emergency pollution in the event of flooding;
(d) potentially affected areas registered under § 21 (2) (c) (8) and (11) of the Act and areas defined for the protection of habitats or species under another legislation11) where improving water status is an important factor in their conservation;
(e) potentially affected cultural monuments, conservation areas and conservation zones under other legislation12).
(4) For areas with significant flood risk where flooding is caused by groundwater, flood risk maps and flood risk maps may be limited to the scenario described in paragraph 1 (a).
Economic analysis of water use
The economic analysis of water use includes the gathering and evaluation of economic information on water use for:
(a) cost recovery calculations taking into account the long-term forecast of water supply and demand, including:
1. an estimate of the volume, prices and costs of water services;
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Regulation Information
| Citation | Decree No. 24 / 2011 Coll., on river basin management plans and flood risk management plans |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 17.02.2011 |
|---|---|
| Effective from | 04.03.2011 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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