WATER MANAGEMENT IN PORTUGAL

1. Portuguese Environmental Agency WATER MANAGEMENT IN PORTUGAL Moldavia / Ukraine water sector regulatory council visit to Portugal 23 November 2018 Felisbina Quadrado Head of Department of Water Resources maria.quadrado@apambiente.pt

2. Average Annual Rainfall of Continental Portugal Portugal is a country with natural, social and climate diversity Azores • National water resources can be characterized by: • Relative abundance (average annual precipitationaround950 mm). • Irregular spatial distribution (greater abundance in the North of Continental Portugal and in the Atlantic side, greater scarcityin the South of the Tagus river and in the continental slope). • Precipitation is concentrated between late autumn and earlySpring. Around 75% of Portuguese population lives in the coastal part of the country, where major cities are located Madeira

3. Water scarcity – WEI+ Index • 64% oftheterritory in transboundary basins • 60% ofwaterresources are transboundaryresources. • Most reservoir are multipurpose: flooding, urban water, agriculture hydropower Castelo do Bode reservoir - 1095 hm3 Alqueva reservoir - 4150 hm3 Water scarcity can be present in more than 30% of country. Management of the water stored in 62 reservoirs and aquifers helps to provided the needs in years with rainfall below the average value. WEI - Water Exploitation Index - the ratio between the mean annual total abstraction of freshwater and the mean annual total renewable freshwater, thus allowing the assessment of the water stress to which a territory is subjected.

4. Water Framework Directive National Water Law

5. Water Framework Directive • Recognition by the European Community that water is a heritage to be protected and defended as such led to the establishment of a framework for Community action in the field of water policy through the publication of Directive 2000/60/EC, of the European Parliament and the Council, of 23 October, the Water Framework Directive (WFD).

6. Water Law • The Directive 2000/60/EC (WFD) was transpose for national legislation by the Law n.º 58/2005, of 29 December, (Water Law), as amended and republished by Decree-Law No. 130/2012, of 22 June • SURFACE WATERS • GROUNDWATER • PROTECTED AREAS

7. Water Law - Protected Areas

8. EU Legislative framework - water Water Framework Directive (WFD) – Directive 2000/60/CE, from 23/10 Bathing Waters Directive– Directive 2006/7/CE, from 15/02 Decreto-Lei n.º 77/2006, de 30/03 Lei da Água (LA) - Lei n.º 58/2005, de 29/12 Alterada pelo DL n.º 245/2009, de 22/9, e pelo DL n.º 130/2012, de 22/06 Alterado pelo DL n.º 103/2010, de 24/9, e pelo DL n.º 218/2015, de 7/10 Decreto-Lei nº 135/2009, de 3/6 Alterado pelo DL n.º 113/2012, de 23/5, e pelo DL n.º 121/2014 de 7/8 PrioritySubstancesDirective - Diretiva 2008/105/CE, from 16/12 Groundwater Directive – Directive 2006/118/CE, from 12/12 Alterada pela Diretiva 2014/80/UE, de 20/6 Alterada pela Diretiva 2013/39/UE, de 12/8 Nitrates Directive - Directive 91/676/CEE, from 12/12 Decreto-Lei n.º 103/2010 de 24/09 Decreto-Lei nº 208/2008, de 28/10 Alterado pelo DL n.º 83/2011, de 20/6, e peloDL n.º 218/2015, de 7/10 (Em alteração, para transposição da Diretiva 2014/80/UE, de 20/06) Decreto-Lei n.º 235/97, de 3/9 Alterado pelo DL n.º 68/99, de 11/3 Technical specifications for Analysis and Chemical Monitoring Directive – Directive 2009/90/CE from 31/07 Urban Waste Water Directive - Directive 91/271/CEE, from 21/5 Decreto-Lei n.º 83/2011, de 20/06 Alterada pela Diretiva 98/15/CE, de 27/2 Decreto-Lei n.º 152/97, de 19/6 Assessment and management of flood risks - Directive 2007/60/CE, from 23/10 Com diversas alterações subsequentes. Decreto-Lei n.º 115/2010, de 22/10

9. Water Law (LA) – Lei n.º58/2005, 29 of December The National Water Council (CNA), as an advisory body to the Government in the field of water resources Representation of the economic activities, users of water resources, NGO and universities is ensured through the following advisory bodies (article 7.º) The Boards of River Basin Districts (CRH) as advisory bodies to the APA, in terms of water resources, for each River Basin Districts

10. River Basin District • ARH Norte • RH 1 - Minho e Lima • RH 2 - Cávado, Ave e Leça • RH 3 - Douro • ARH Centro • RH 4 - Vouga, Mondego e Lis • ARH Tejo • RH 5 – Tejo e Ribeiras do Oeste • ARH Alentejo • RH 6 - Sado e Mira • RH 7 – Guadiana • ARH Algarve • RH 8 - Ribeiras do Algarve Portuguese Environment Agency (APA), as the National Water Authority, representing the State as the supporter of national policy and fulfills its responsibilities to the territorial level, management of water resources, including the respective planning, licensing, monitoring and control at the river basin district level, also through its decentralized services – ARH. Total number of WB: 1914 -> Surface water: 1821 + 28 ART and Groundwater: 93

11. Water Management

12. Water resources management LICENSING PLANNING Define management strategies and measures to achieve good status of waterbodies Identification of existing pressures, assess impacts; determining the terms and the conditions to apply in licenses MEASURES MONITORING Implementation of the measures and strategies for water resource management Allows to evaluate the effectiveness and efficiency of the measures and help to define the licensing conditions

13. WFD /National Water Law: Planning Ambitious goals of protection and recovery of aquatic ecosystems Legally binding fundamental principles of integrated management of river basin districts instruments, incorporating economic and ecological perspectives on water management Planning tools Strategic Plan, establishing the rules and principles of water policy and the guidelines for the review and updating of RBMP to be held in subsequent planning cycles water planning instruments constituting the support base to the water management Ensuring sustainable use of water resources by people, by business and activities. Floods River Management Plans Additional river basin management plans, covering a sub-basin or a specific geographical area or sector-wide, covering an issue, type of water, specific aspect or economic activity sector with significant interaction with water.

14. River basin district management plans (RBMP) Operational instruments containing the measures and actions that will achieve the good status of water bodies, as recommended by the WFD

15. Quantitative Statue Status of the Water Body and additional evaluationa Groundwater • Estado Químico SurfaceandGroundwaters Surface waters

16. Water Status in Portugal – 1st and 2nd Cycle 1st Cycle 52% water bodies (SWB+GWB) Good Status Environmental objectives to 2015(2nd cycle): 60% water bodies in Good Status (RBMP) 2nd Cycle 54% water bodies (SWB+GWB) Good Status Environmental objectives to 2021/ 2027:77% /100% water bodies in Good Status 53% of SWB are in «Good or higher Status» 84% of GWB are in «Good Status» • Reasons • The difficulties related with the economic situation of the country • The short-term which mediated between the 1st cycle RBMP (approved in 2013) and the 2nd cycle (RBMP approved in 2016)  limited the implementation of measures to achieve environmental objectives • More quality elements and more restrictive criteria were used, particularly for surface water (resulting from Intercalibration Exercise development, Priority Substances Directive revision), and considering the “one out, all out” principle

17. Pressures Considering the surface water bodies with state less than Good: Approximately 45% have urban pressures; 87% agricultural and 22% hydromorphological Pressures

18. Urban Pressures The estimated total load generated in the mainland is about 15.6 million equivalent inhabitants WWTP by sizing class (population served) Percentage of existing WWTP urban public by level of treatment The charge rejected on the water bodies, expressed as a percentage of BOD5, COD, total N and P total most urban WWTP have secondary treatment level WWTP distributed for population served

19. Urban Pressures 37 WWTP in litigation 79 WWTP do not meet ELV Corresponds to about 3.7% 45% SWB with state less than Good has significant urban pressures These SWB may have other significant pressures associated 856 SWB with state less than Good

20. Agricultural Pressures Diffuse pollution from Livestock Diffuse pollution from Agriculture and Forestry 856 SWB with state less than Good

21. Environmental objectives PTE1 - Reductionoreliminationofpollutantloads PTE2 - Promotingthesustainabilityofwaterabstractions PTE3 - Minimizationofhydromorphologicalchanges The action program comprises basic measures and additional measures related with the characteristics of the region and the impact of human activity on the water bodies status, supported by the cost-effectiveness analysis of the measures. PTE4 - Control of exotic species and pests PTE5 - Minimizationofrisks PTE6 - Cost recovery of water services PTE7 – Increasing knowledge PTE8 – Promoting awareness PTE9 – Adequacyoftheregulatoryframework For the 2nd cycle, the total number is 1158 measures, of which 62 are applicable to all regions. Overall cost around EUR 961 million.

22. Water Law Additionalpreventiveinstruments Surface and groundwater water for the production of water for human consumption Ensure the protection of surface water sources for public supply Perimeter for protection of surface and groundwater abstraction for public supply waterbodies intended for the abstraction of water for human consumption providing more than 10m3 / day on average or serving more than 50 people, as well as the waterbodies intended for this purpose areas in which is interdict or have restrictions to the activities that can cause significant impact on the status of surface waters

23. Protectionperimeters PROTECTION ZONES - IMMEDIATE, INTERMEDIATE AND EXPANDED (hydrogeological studies) areas around the capture, delimited by hydrogeological studies, which sets public utility restrictions on the use and occupation ImmediateProtection Zone It prohibits any activity, except those aiming at the preservation, maintenance and better use and kept it clean of any waste products or liquids that could cause infiltration undesirable substances to the water quality.

24. Bathing zones Evolution of the quality of coastal and transition bathing waters intestinal evnterococci intestinal evnterococci Evolution of the quality of inland bathing waters 2017 - coastal and transition bathing waters 97,4% had the classification “sufficient” or higher, of which 90,4% were classified as “excellent”. 2017 - inland bathing waters 93,5% had the classification “sufficient” or higher, of which 77,9% were classified as “excellent”

25. Climate change A system is more vulnerable as more elements are exposed to risk. Sectoral climate adaptation projects, which 100% funded by AdaPT program, have spanned multiple sectors, mainly water resources management and reforestation of semi-arid areas, industry, services and tourism. The degree of vulnerability can be reduced through risk mitigation or adaptation measures, promoting resilience. Land use planning is one of the most important instruments to reduce losses and damages

26. Climate change The climatic scenarios developed for Portugal point to a concentration of precipitation in the months of greater precipitation. This means less water in summer and more in winter; however the storage capacity may not allow to store the winter drainage, not allowing to "compensate" the reduction of flows in the summer. • Climate scenarios determine possible Reduction of water availability • Temperature increase => + evaporation + evapotranspirationIncreased needs • Reduction of precipitation can lead to • Increase irrigation needs increase storage needs • Possible loss of hydroelectric potential

27. Water reuse scenario: Total abstraction will increase by 16% by 2030

28. Water Reuse: Best Approach to ensure safety

29. Multi Barrier Approach

30. Water reuse permits in Portugal

31. Licensing Process of Water Uses Integrated System for Environmental Licensing (SILiAmb)

32. Licensingimportance

33. Governance: Licensing procedures Electronic platform for dematerialization of licensing processes of different areas under the competence of APA Easy to use Internet access without using special technologies Repetitive navigation; indication of required fields; tools for geographic location; indication of the items to be attached; possibility of recording without submitting Less time For the request and the answers Harmonization harmonization of procedures at national level Help filling out the order The automatic selection of fields to fill according to the options Easy to include documents in digital format Dematerialization of the process With a simple click the request goes the APA department responsible for technical analysis Faster(which could take 1 week now in less than 24 hours will in the department responsible for technical analysis) More easy (everything is need is there and submission of request is not subject to business hours) Less costs (paper, printing, post office ).

34. SILiAmb – What has changed to people and businesses? Tools for geographic location A simple click, after identification administrative boundaries

35. Governance: Licensing procedures Using GIS tools to assess (in 5 min.) environmental restrictions and other existing uses  draw up a report to be attached to the permitting process. Allows a quick check of existing environmental restrictions, status of affected water bodies, etc. With SILIAMB is possible to know how many uses exist in a water body

36. Governance: Licensing procedures Online licensing system - permitting process and monitoring Report of monitoring duties by the owners of the permits control by APA • Each square represents a permit and the colour means the compliance of the monitoring, made by the users, with conditions of the permit. • When is coloured with red it means that the monitoring values are higher than the authorised ones (higher abstractions or higher load discharged); • When is coloured with yellow it means that monitoring values are near the authorised; • When is coloured with green it is ok; • When is coloured with grey no values were reported.

37. Governance: Licensing Decree-Law nº 226-A/2007 Rules for water uses licensing Legal Framework Law nº 58/2005 (Water Act) Transposing the WFD into national law Portuguese Environment Agency /ARH Port Authorities (only in port areas) Authorities • Permitting process • On license request, check compliance against: • existing planning instruments (Spatial Management Plans, RBMPs, …) • environmental objectives and ELVs set to discharge • Article 4(7) • Requests for technical opinion to other entities (nature conservation, safety, ...) Licensing Authorization, license or concession are only issued after the EIA procedure is complete and only if a Favorable or Conditioned Impact Assessment Statement is Issued If an EIA is applicable Compatible Public tender (license and concession) Incompatible Rejection Issuing of Authorization/Licenses/Concession All permit/licenses/concession must comply with the WFD objectives and requirements

38. Targets Means (to achieve RES targets) Legal and Strategic Framework Reduce greenhouse gas emissions Given the current state of technological development, increased production of electricity based on renewable sources is only possible with hydropower or wind. Directive 2001/77/CE Directive 2009/28/EC National Energy Policy Reduce dependence from external energy sources • Refurbishment of existing hydropower plants: • 2 200 MW Not enough to achieve 2020 targets Reduce energy consuption Comply with the provisions of Directive 2001/77/EC, increasing the percentage of electricity produced from renewable sources, reduce the strong dependence on foreign energy, mainly from fossil fuels and increase energy efficiency and reducing CO2 emissions. • Other RES sources: • 5700 MW until 2012 and 8500 MW until 2020 (depending on Hydropower) Increase energy eficiency Portugal is one of the EU countries with the highest hydro potential still to be explored (54%) hydro option takes priority, aiming to exceed 7000 MW by 2020. Increase energy production from RES Energyconsuption (2016) Electricityimportation2,2% Gas 20% • RES production in 2020: • 35 584 GWh/year • Increase from 37% to 69% (from total energy production) • Incorporation of 31% of energy produced by renewable sources in final energy consumption • Newhydropowerplants (PNBEPH): • 2 458 MW • Increase the total electricity production about 32%, based exclusively on renewable energy (up 72% of renewable energy production). Oil 40% Renewables (includinghydropower) 24,4% National Energy Policy objectives will be achieved by implementing a set of integrated and complementary measures, and not exclusively through PNBEPH, although PNBEPH has a very important contribution. Coal 13,4%

39. SEA Applicationof ART 4(7) Development of National Plan or Programme First level of planning and verification of WFD compliance (wide scale) Public consultation # 1 Approval Selection of sites – (no go areas) EIA Local level of analysis (by hydropower plant) to verify WFD compliance Implementation of National Plan or Programme Public consultation # 2 Licensing Approval Changes to the projects Rejection No construction Hydrographic Region level of analysis to verify WFD compliance Information integrated in the RBMP. RBMP SEA Public consultation # 3 Approval mapping the uses and restrictions developed in the water and land (buffer of 500 m above level of full storage) Territorial management instrument Reservoir Management Plan Public consultation # 4 Approval

40. New Hydropowerplants – Planning Energy value Use of local resources instead of fossil fuels Reducing dependence on foreign energy Complementarities with wind Environmental value Reduction of GHG emissions Creation of strategic reserve of potable water, fire and other Economic and social value Job creation Regional development Regulating the flow and flood control • Critical factors: • River continuity • Biodiversity and nature protected areas • Eutrophication risk • Sediment transportation and coastal erosion • Sensitive areas, vulnerable zones, protection perimeters • Climate changes Evaluation of a strategic choice aimed at selecting a set of locations, among 25 considered to have potential to achieve the 2020 target, based on critical factors that integrate the WFD requirements and assuming that the targets can be achieved without fully compromising environmental values. 25 potential hydropower projects SEA Environmental analysis Public consultation Final Report Definition of Plan (PNBEPH) • Results: • 10 projects selected • The selected sites were not those with more benefits in terms CO2 emissions and energy production • The selected sites were the ones which maximize the cost-benefit relation • Mitigation measures defined for each of the 10 projects in SEA • Further recommendations on mitigation and compensation measure and monitoring procedures PNBEPH Approval This doesn’t mean a tacit approval for the construction of the 10 selected projects. All 10 projected are subjected to Environmental Impact Assessment

41. New Hydropowerplants - Tendering Tendering procedures for the implementation of the PNBEPH for granting permits to the design, construction and operation. Clauses that ensure and guarantee compliance with National and Community standards, as well as those established under the SEA, particularly in environmental terms, were introduced in the tender parts. PNBEPH Approval 10 potential hydropower projetcs Preparation of EIA procedures for each hydropower plant • The EIA procedures will result in a final decision on: • Implementation • Maximum level of operation (which has direct implications in terms of installed capacity and amount of electricity production) • Mitigation and compensation measures • Monitoring programs (to evaluate measures effectiveness) • Further mechanisms: • Developing of the projects • Licensing – definition of obligations for the permit owner (e.g. measures, monitoring, etc.) Public consultation Approval with constraints Rejection • RBMP: • All information from both stages (SEA and AIA) is been integrated in detail in the RBMP. Reasons for implementing hydropower (benefits), impacts (costs), mitigation measures. • Also in EIA: • Definition of specific mitigation and compensation measures • e.g. type and functioning of fish migration promotion mechanisms, ecological flow regime values, hydropeaking mitigation mechanisms, funding mitigation measures for other infrastructures in the same river basin No construction

42. Implementing Article 4 (7) 4 – PUBLIC INTEREST AND BENEFIT TO THE SUSTAINABLE DEVELOPMENT? Yes Contribute to the goals of producing energy from renewable sources, and promote the growth of wind energy . Reduce dependence on energy. Reduce emissions of greenhouse gases. Allow other uses, constituting a strategic water reserve in particular to ensure public water supply. 1 – EVALUATE THE NEED FOR THE PROJECT Comply with the provisions of Directive 2009/28/EC The development of the Portuguese energy system over the next 10 years relies heavily on hydro and wind, and also in an integrated vision of the two technologies. The wind power will only be possible on a large scale with a corresponding increase in hydroelectric capacity. Project: construction of new dams. 2 – NEW MODIFICATION TO PHYSICAL CHARACTERISTIC OF WATER BODIES? Yes Case by case analysis, but almost assumed from the start for PNBEPH project. Confirmation in SEA and EIA. 3 – DOES THE PROJECT PERMANENTLY EXCLUDE THE ACHIEVEMENT OF WFD OBJECTIVES TO THE WATER BODIES AFFECTED? Yes Analysed during SEA and EIA. 5 – CAN BENEFICIAL OBJECTIVES BE ACHIEVED BY OTHER MEANS? No Other implemented measures (refurbishment, increase energy efficiency, etc.) were not enough to achieve 2020 RES targets. Without increasing hydropower national energy security, reducing GHG emissions and renewable targets can be seriously compromised. 8 – Is the project consistent with other Community environmental legislation? Does it guarantee the same level of protection as the existing Community legislation? Analyzed during the SEA and with further detail in EIA. Where no compliancy is achieved, projects are rejected. 7 – Does the project compromises the achievement of the WFD in other water bodies? No 6 – Are all practicable steps taken to mitigate adverse impacts? Yes Assumed has a precondition. Broadly developed during SEA and with further detail in EIA. Also integrated in the permits. Alternative WFD objectives may be set under Art 4(7) All information from both stages (SEA and AIA) has been integrated in detail in the RBMP. Reasons for implementing hydropower (benefits), impacts (costs), mitigation measures.

43. Monitoring

44. Monitoring 242 flow stations 563 meteorological stations. Annual costs: 1,2 M€

45. Water Resources Surveillance and Alert System Evaluation of critical hydrological situations, transmitting alerts to the civil protection entities. Central processing Data acquisition Alert • Automatic stations with GSM or internet transmission, (APA); • Data exchange with other entities: Spain, hydropower producers, meteorological Institute (IPMA) and farmers associations Real-time software available for data acquired and alerts Data processing and storage, hydrological and hydraulic modeling

46. Floods Management Duringtheeventcontinuousassessmentofthealertsandinformationprovidebyautomatic stations. Operation of reservoirs controlled by the national water authority Whenever necessary articulation with civil protection entities Sometimes is necessary to solve monitoring stations malfunctions in the field

47. Floods Management Graphswiththeevolutionoftheflowsorlevelsassociatedwitheachmonitoring station Alertsassociatedwitheachmonitoringstation, consideringthepastevents.

48. Monitoring - water quality SAMPLING NETWORK ANALYTICAL DETERMINATIONS / IDENTIFICATION Monitoring ANALYSIS OF THE RESULTS, CLASSIFICATION, MODELLING ... STORAGE AND DATA VALIDATION Annual costs: 1,5M€ - 2,5 M€

49. Chemical status • increasing requirement to achieve good chemical status; • New priority substances and EQS increasingly lower; • Evaluation of priority substances in different matrices: water (EQS for inland waters and EQS for coastal and transitional waters), biota - fish and mussels (EQS for biota), sediments (trends); • edge analytical methodologies; Project APA: search with Passive Sampler: -qualitative detection of emerging compounds, priority substances, watch list ultra trace levels due to prolonged exposure. -minimizing the costs of monitoring.

50. Collaboration of the entire community is essential RiverBasinManagmentPlans - RBMP Waterbodies status Pressures identification Environmental Objectives Measures Programme sharing information Measures Programme Innovation Sharing information Scientific community Financing Implementation of measures Consultants Best technical solutions EconomicActivities NGOs Citizens Sectoral meetings to analyse measures. Diluted financing in various sectors. Awareness Complementarity of initiatives among the NGOs Administration