Guía “APTA 3.0”

A water that has been created by human activity may constitute an artificial water body (AWB). Canals and ponds constructed where water was not previously present are examples of AWBs. Water bodies that have acquired a substantially changed physical character, as a result of human activity of high community benefit, can be designated as heavily modified water bodies (HMWBs).

A condition to be met in order to designate AWBs or HMWBs is that the physical modifications in turn have led to the ecology of the water having been adversely affected and it not being possible to achieve good ecological status, a significant adverse impact occurring instead on the environment at large or on the activity that has caused the physical modifications. The activities that can be stated as reasons for designating AWBs and

HMWBs are listed in Chapter 4 Section 3 of the Water Management Ordinance. Mention is made here of energy, that is to say hydropower, but also agriculture, flood protection, shipping, cultural artefacts and infrastructure.

Photo: The County Administrative Board of Norrbotten

Good ecological potential, not good ecological status

The same requirements for ecological status are not applied to HMWBs and AWBs as for natural water bodies. They instead have to achieve good ecological potential which is a parallel environmental quality standard for good ecological status but signifies a less stringent requirement.

The quality requirements for natural, artificial and heavily modified water bodies are established in relation to a reference condition. With regard to AWBs and HMWBs the reference condition corresponds to maximum ecological potential. Maximum ecological potential is equivalent to the biological status of the most closely comparable water body, but with consideration of the fact that the water body needs to be modified for it to be possible for the activity to be undertaken.

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Good ecological potential differs from maximum by the measures that do not provide significant ecological benefit not needing to be implemented. This should only mean a minor change in biological status compared with maximum ecological potential.

An environmental quality standard is also to be established and measures implemented to achieve the environmental quality standard for water bodies designated as heavily modified, or artificial. The same limits apply to all other quality factors as to natural waters.

All HMWBs in the Bothnian Bay water district have been classified as inadequate ecological potential (IEP). Two of the AWBs in the district have been classified as having good

ecological potential (GEP), while the remaining two have not yet been classified with respect to ecological potential (Figure 12.1).

Figure 12.1 Ecological potential of surface water bodies that have been declared to be heavily modified or artificial.

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In some cases a water body cannot be designated as artificial or heavy modified Designation of AWB or HMWB must agree with the implementation of other

environmental legislation in the EU. If designation of an AWB or HMWB means that favourable conservation status cannot be achieved in a Nature 2000 site or for a species that is listed in the Species Protection Ordinance27_{, the water body should not be designated as} heavily modified. The measures in good ecological potential are alternatively to be

established on the basis of the need to achieve favourable conservation status. If the

measures mean that good ecological status an probably be achieved, the water body is not to be designated as AWB or HMWB.

Ecological potential and environmental quality standards for designated HMWBs Current ecological potential of water bodies that fulfil the requirements for HMWBs as above has been assessed on the basis of the list of measures in the draft guidance for heavily modified water bodies with application of hydropower28_{. Ecological potential, according to} the draft guidance, is to be assessed on the basis of the number of measures implemented in the installation(s) that have an impact on the water body, on condition that they can provide a substantial improvement to the biological quality factors.

None of the larger installations in Sweden has implemented more than individual measures according to the list of measures. Ecological potential has therefore been assessed as poor for all HMWBs. This means that no more than six of the 14 measures in the list have been implemented or have produced a substantial biological effect.

In establishing environmental quality standards for HMWBs in the form of ecological potential, the water authorities have set the environmental quality standard of good ecological potential for all HMWBs with the exception of the mainstream of the Lule river and parts of the Göta älv river. These have instead been given the environmental quality standard moderate ecological potential. The assessment has been made according to the national strategy for sustainable hydropower29 _{where the rivers have been designated as} particularly important for national energy production.

In accordance with the national strategy,30 _{the water authorities, in each HMWB, have} stated that action plans are to be devised so that they can be used as a basis in assessing the need for measures and loss of production for each installation. The plans are to be drawn up by the end of 2007 so that they can be decided upon by the delegations during the course of 2018. And even if the decision is not make until 2018, the measures must be implemented or at least started during the period 2015-2021 so that EQS can be achieved in 2021 or for the water bodies with exemptions by 2027.

The water authorities have deemed that it has been technically infeasible to achieve the environmental quality standards in HMWBs by 2015, and for this reason a time exemption is necessary in accordance with the conditions stated in the Water Management Ordinance. Time exemptions may be applied if it is evident that the ecological potential cannot be achieved by 2015. However, the water authorities consider that measures must be

27 _{Species Protection Ordinance (2007:845}

28 _{Vägledning för kraftigt modifierade vatten med tillämpning på vattenkraft (Guidance for heavily}

modified water bodies with application of hydropower).. Swedish Agency for Marine and Water Management report 2014-XX

29 _{Nationell strategi för åtgärder inom vattenkraften (National strategy for measures in hydropower).}

Swedish Agency for Marine and Water Management report 2014-14

30 _{Nationell strategi för åtgärder inom vattenkraften (National strategy for measures in hydropower).}

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commenced during the period 2015-2021 to enable the environmental quality standards to be achieved by 2027.

Heavily modified water bodies in other water uses

The purpose of the proposal for overall guidance on HMWBs from the Swedish Agency for Marine and Water Management is to identify preliminary heavily modified water bodies, but the water bodies need to undergo an assessment of the needs for measures to enable the classification to be established. Proposals have been made by the Swedish Agency for Marine and Water Management for detailed guidance on HMWBs for hydropower. As there are no detailed guidelines at present for water bodies that are affected by other water uses, these have not been classified as HMWBs in the management cycle 2015-2021. This means that some installations previously designated as HMWBs, particularly ports, may be assessed this time on the basis of national significance and taking account of the need for supplementary guidance and data on which to base measures.

There are similar needs for several other water uses, for example drainage in agriculture (where measures may mean losses of production) and historical water use (where older mills and ponds in some cases are ancient monuments and where the measures should be taken with great concern for cultural assets).

In many cases the measures, which are needed to counteract the adverse impact of the activities on ecological status, are themselves essential requirements for the use, for example dredged fairways, quays, jetties and sea walls. In other cases measures taken to achieve fundamental biological quality factors, for instance fauna passages, should be capable of being implemented which do not involve intervention in the actual installation.

The Swedish Agency for Marine and Water Management will draw up similar detailed guidelines for other water uses that can lead to a water body being declared to be heavily modified.

Artificial water bodies

Artificial water bodies have been designated for four watercourses that have been created for hydropower purposes where there has previously not been water. Classification and establishment of environmental quality standards for artificial water bodies have been carried out according to the same method as for HMWBs.

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