RULEBOOK on the manner of determining environmental flow of surface water

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Pursuant to Artcle 54 paragraph 2 of the Law on Waters (Offcal Gazette of the Republc of Montenegro 27/07 and Offcal Gazette of Montenegro 32/11 and 48/15), the Mnstry of Agrculture and Rural Development adopted, wth pror consent of the Mnstry of Sustanable Development and Toursm, the followng RULEBOOK on the manner of determnng envronmental flow of surface water ( Offcal Gazette of the Republc of Montenegro, no. 2/16 date: 14th January) Subject-matter Artcle 1 Ths Rulebook sets out the manner of determnaton of envronmental flow of surface water (herenafter referred to as: the EF). Determnaton of EF Artcle 2 EF shall be determned n the water bodes of surface water on whch water abstracton s n accordance wth the water acts except for supplyng populaton wth drnkng water. The EF for the water body profle shall be determned on the pont where water s abstracted. Envronmental flow (EF or Q EF ) means the flow that must be provded downstream of the ntake structure for the purpose of preservng natural balance of aquatc and aquatcrelated ecosystems; Goals of Determnng the EF Artcle 3 The EF shall be determned for the purpose of mantanng or restorng the structure and functons of aquatc and aquatc-related ecosystems and preventng degradaton of water condton n accordance wth the law. Defntons Artcle 4 Terms used n ths Rulebook have the followng meanngs: 1

1) maxmum ecologcal potental means the best possble envronmental status that a modfed water body may attan n gven condtons and whch s the closest to the natural condton; 2) ecologcally mportant flow regme parameters mean hydrologcal components of the EF (mnmum flow, seasonal varatons, flood waves) whch drve ecologcal and geomorphologcal processes needed for the mantenance of structures and functonng of aquatc ecosystems; 3) mean mnmum flow ( M Q MIN ) s arthmetc mean of the mnmum annual values of mean daly flows on the watercourse profle n a gven perod of tme. 4) mean monthly flow ( m Q M(o) ) s arthmetc mean of the mean monthly values of flows on the watercourse profle and t s expressed n m 3 /s. 5) seasonal flow varaton means tme dstrbuton of mnmum flows needed for establshment of tme varablty of the flow regme, n accordance wth needs of the speces of flora and fauna of a gven water body; 6) flood wave means artfcally caused hydrologc event whch smulates dynamcs of rver and wetland floodng needed for the preservaton of ecosystems; 7) maxmum hydrologcal potental means hydrologcal regme of a water body durng whch the maxmum ecologcal potental of that water body s attaned; 8) specal ste ntended for preservaton means the ste at whch, due to ts mportance, the measures lad down for preservaton and restoraton of the favourable condton of natural habtats or populaton of speces are mplemented; 9) holstc approach means functonal expert analyss whch takes nto consderaton a broad area of ecologcal and hydrologcal aspects of rver ecosystems. Assessment the EF Artcle 5 Assessng the EF s determned on the bass of ecologcal mportance of a water body, propertes of the aquatc and aquatc-related ecosystems, ther dfferent needs and water protecton goals, as well as the needs of water users. The EF s determned on the bass of hydrologcal data, by carryng out general or specfc assessments. General assessment of the EF shall be carred out for all the water bodes by usng methods set out n artcles 7 and 8 of ths Rulebook. Specfc assessment of the EF shall be carred out as a supplement to the general assessment of the EF by usng holstc approach, layng down bologcal and hydrologcal crtera, defnng habtats model, and also ncludng preparaton of holstc, hydrologcal and hydraulc studes. Specfc assessment of the EF shall be carred out for the water bodes n protected natural resources, extremely modfed water bodes and n partcular: - n lakes and wetlands; 2

- f the watercourse belongs to the protected natural resource; - f the watercourse contrbutes consderably to the water balance of the downstream protected natural resource; - f protected speces lve n the watercourse or f that watercourse represents sgnfcant part of the area they nhabt; - f the watercourse s used, from tme to tme, by protected speces durng certan phases of ther lfe cycle; - f the watercourse makes sgnfcant part of the area nhabted by some protected speces or f a specfc populaton lves n t as the one whch, owng to ts genetc dversty and specfcty, represents a very mportant populaton for preservaton of the speces at the natonal, regonal or global levels; - f the watercourse s the man source of drnkng water for lvng organsms of the surroundng terrestral ecosystems. Hydrologcal Data Artcle 6 The followng hydrologcal tme seres shall be used for determnng the EF: - those representng natural hydrologcal regme; - those that have no errors or mssng data; - those lastng at least 10 years respectvely 30 consecutve years whenever that s possble; - those representng varous hydrologcal condtons, wth the balance between wet and dry years; - those obtaned on the bass of mean daly flows, whenever that s possble. Where data on natural condton are unavalable, these may be determned on the bass of hydrologcal data from the other relevant hydrologcal staton (herenafter referred to as: the benchmark staton). In order to provde suffcent data for establshng a satsfactory correlaton between water flow on the specfc water body profle and flow on the benchmark staton profle, the observaton of the water level on the subject profle needs to be carred out for 15 months. Durng the perod referred to n paragraph 3 of ths Artcle, smultaneous hydrologcal measurement of the flow on both profles needs to be carred out, at least sx tmes n dfferent hydrologcal condtons, n order to enable constructon of the flow curve. The correlaton s deemed satsfactory f the value of the correlaton coeffcent s k 0,7 and f the trust nterval s 95%. Hydrologcal measurement shall be carred out n accordance wth the standards ISO 748:2007, ISO 1088:2007, ISO 9555-1:1994, ISO 9555-3:1993, ISO 9555-4:1992, ISO/TR 11656:1993 or ISO/TR 25377:2007. General Assessment of the EF Artcle 7 The followng hydrologcal components of the EF shall be determned n the procedure for general assessment of the water abstracton mpact on natural hydrologcal regme of the water body: mnmum flow, seasonal varatons and flood wave. 3

Manner of Determnaton of EF Artcle 8 The EF shall be determned on the bass of values of the mean mnmum flow ( m Q mn ) and mean monthly flow ( m Q M(o) ) of the watercourse profle where abstracton s planned. Mean mnmum flow shall be calculated on the bass of the followng formula: m Q N mn Qmn, / 1 N where Q mn, represents mnmum mean daly flow n the th calendar year, whle N represents the number of years n a gven perod of tme; Mean monthly flow shall be calculated on the bass of the followng formula: N mqm ( j) QM ( o), / N 1 where M Q M(o) represents mean monthly flow n the j th month and n the th calendar year, whle N represents the number of years n a gven perod of tme. Values of the parameters mentoned above are calculated on the bass of hydrologcal data, referred to n Artcle 6 of ths Rulebook. Calculaton leads to the value of Q( EF ) for each month of the year whch presents annual dstrbuton of the flows. The EF for a specfc month of the year s calculated on the bass of correlaton between the mean mnmum flow and mean monthly flow ( m Q mn / m Q M(o) ). If the correlaton of mean mnmum flow and mean monthly flow s below 10 n the observed month, then the EF value equals the value of the mean mnmum flow, and f such correlaton s equal to or exceeds 10 then the EF value s equal to 20% of the mean monthly flow whch s calculated on the bass of the followng formula: { } Q (EFj) = mq mn for m Q mn / m Q M(o) < 10 0.2 x m Q M(o) for m Q mn / m Q M(o) 10 Determnng the Flood Wave Artcle 9 Flood wave shall be provded n the natural flow condtons when the frst hgher flows after the summer dry perod occur (September, October or November). The flood wave s determned on the bass of the correlaton between the mean mnmum flow and mean monthly flow for each month referred to n paragraph 1 of ths Artcle, n a way that value of the flood wave flow amounts to 50% of the mean monthly flow n the frst month n whch the correlaton between these two parameters s equal to or hgher than 20 ( m Q mn / m Q M(o) ). 4

Specfc Assessment of the EF Artcle 10 The EF determned n specfc assessment should make possble the followng: 1) preservaton of the structure and functon of assocated ecosystems; 2) satsfacton of ecologcal needs of habtats and speces (prncpally the most endangered ones and those that are the most senstve to the flow alteratons) 3) mantenance of the prescrbed level of water qualty. The analyss of ecosystem response to the flow alteratons s carred out n the specfc EF assessment, partcularly n relaton to the followng: 1) ecosystem components (certan speces, communtes, processes); 2) bologcal phenomena that need to be made possble (fsh mgraton, fsh spawnng, bodversty of the communty); 3) fulfllng of the condtons prescrbed by Law on waters; Termnaton of valdty Artcle 11 The Rulebook on the manner of determnng the guaranteed mnmum flow downstream of the ntake structure (Offcal Gazette of Montenegro 22/08) shall be repealed on the day ths Rulebook enters nto force. Entry nto Force Artcle 12 Ths Rulebook shall enter nto force on the eghth day followng the date of ts publcaton n the Offcal Gazette of Montenegro. Number: 327-53/15-9 Podgorca, 29.12.2015. Mnster, Petar Ivanovć, PhD 5