euwareness belgium
Case Study 2: Dender River Basin
David Aubin and Frédéric Varone
Case Study 2: Dender River Basin
David Aubin Frédéric Varone
April 2002
Université Catholique de Louvain (UCL) Unité de Sciences politiques et Relations internationales (SPRI) Association universitaire de Recherche sur l'Action publique (AURAP) Place Montesquieu, 1 boîte 7 1348 Louvain-la-Neuve Belgium
Tel: + 32.10.47.2018 Fax: + 32.10.47.4603 Website: www.aurap.ucl.ac.be Email: [email protected]; [email protected];
EUWARENESS is a research project on European Water Regimes and the Notion of a Sustainable Status. Research institutes from six European countries (Netherlands, Belgium, France, Spain, Italy, Switzerland) have been cooperating in this two year project (2000-2002). More information is available on www.euwareness.nl. The project is supported by the European Commission under the 5th Framework Programme, and co-ordinated by the University of Twente in the Netherlands.
EUWARENESS Case Study Report 2: Dender river basin BELGIUM
Table of contents:
I. General description of the Dender river basin II. History of water management in the basin (1980-2001) III. Development of uses IV. Identifying attempts towards integration: intra-cases V. Considerations on coordination and sustainability of the basin management
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Introduction
Our selection of the case study is established with a series of parameters: - Number and types of uses (rivalries) - Documented case (wide set of available data) - Scale compatible with the requirements of the EUWARENESS project - On-going basin committee (non-binding form of local concertation) - An intermediary basin (in contrast with the Vesdre Basin) →Allows a later comparison with the Vesdre basin, based on multiple grounds
The Dender basin is a tributary basin of the international Schelde (Escaut) basin, located in Flanders. Its superficies is of 1384 km², but the official basin, as designed by the Flemish authorities is of 708 km² (Vesdre, 710 km²). The river Dender flows South to North. The upstream part of the basin is located in Wallonia, at the South of the Dender basin. The Dender basin is located precisely at the West of Brussels, at a mead distance between Brussels and Ghent. The basin is densely populated. The main town, located downstream, is Aalst (or Alost). The rivers’flow is conditioned by rainfalls. A wide set of water uses is embraced inside the basin. Agriculture and breeding are well developed upstream and industry downstream, along the navigable part of the Dender. Population is spread on all the territory, especially concentrated upstream. Even if natural places are protected, the basin has no initially preserved and wild areas, the same as most parts of Flanders. Tourism is not well developed even if present. No drinking water is produced locally. Another characteristic of the Dender river is that it is a former tidal river, now cut from the Schelde by a lock gate (sluis).
Map 1: The basin of the Dender and its tributary basins
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Source: VMM
The present case study is based on an hydrographic basin as defined by the Flemish administration. It represents no particular cultural identity, the region where it stands (Flemish Brabant and Eastern Flanders) neither. The Dender basin belongs to the broad Escaut basin. The tributary basin level ought to become in the coming years the relevant level of water management. Administrative works that prepare the transposition of the European water framework directive support this option.
As a comparison with the case study of the Vesdre river basin, the most striking difference is the degree of dependence from the outside. While the Vesdre basin is fully autonomous, the Dender basin is strongly dependant from upstream, i.e. the Walloon part of the basin. The discussions on the imputability of liabilities in case of pollution or rivalries will obviously differ from one case study to the other. In the Vesdre basin, liability is always localised inside the basin, as the Vesdre river takes its source at the upstream of the basin and collects every tributary rivers. In the case of the Dender basin, the situation is rather different, as Flemish people cannot overpass principles of physics. In fact, the Dender takes its source outside the
D. AUBIN - F. VARONE - EUWARENESS 4 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM officially designed basin, i.e. at the upstream in the Walloon Region. Some problems of pollution, overflow or scarcity can then be imputed to exogenous factors. It is the same with drinking water. The whole water consumed in the Vesdre basin is produced locally. Drinking water is provided in the Dender basin from outside springs and plants. So liability in terms of drinking water is also potentially imputable to exogenous factors. Thus the only common points between the two selected basins is that they will certainly be retained as management units in the upcoming integrated water management, as stressed in the water framework directive. As the problematic of drinking water is considered outside from the basin, many potential rivalries with a dominant use, highly demanding in water quality, are evacuated. However the selection of the case study is due to a wide representation of uses and also to the fact that it has been selected as a pilot-basin by the regional administration.
In contrast with the more legal and functional regime approach done in the country screening, the present case study takes a user approach. We start from a local identification of the different water uses (bottom-up approach) and try to see how these uses are regulated, according to the regional legislation or on a more informal basis. We select some particular rivalrous uses that led to conflicts now overcome. Then we replace the resulting intra-cases in the broader analysis of the regime and its institutional arrangement at local scale.
I. General description of the water basin
We stress the particularities of the Dender river basin. We present elements of geography and hydrology, including the pollution problem.
1.1 Geographical aspects1
1.1.1 Human geography
Localisation The Dender bassin is located entirely on the Belgian territory. Its superficies is 1384 km² of which 708 km² is in Flanders. The basin of the Dender is located at the South center part of Flanders. It is a sub-basin of the Schelde. The basin is part of both provinces of Vlaams Brabant (1/3) and Oost Vlaanderen (2/3). A part of the Dender basin is also located in Wallonia. The Dender basin is bordered South by the bassins of the Haine, East by the Dijle and Zenne basin, West by the Upper-Schelde basin and North by the Lower-Schelde basin. All these are tributary basins of the Schelde.
The Dender is formed in Ath (Wallonia) from the meeting of the Eastern Dender (Dendre orientale or Dendre), the Western Dender (Dendre occidentale or Petite Dendre) and the Ath-Blaton canal at a height of 40m beyond the sea level. The Dender issues in the Schelde 65 km after in Dendermonde at a height of 4 m beyond the sea level. The (Eastern) Dender takes its source in the province of Hainaut, Wallonia, in Erbfait at the north of Mons (Bergen), at a height of 100 m. The Western Dender, that comes from the West, springs in Leuze-en-Hainaut, at an height of 70 m.
1 The first informations collected upon the Dender are picked up from : AMINAL, Afdeling Water, 2000, Op weg naar integraal waterbeheer : het watersysteem in het bekken van de Dender, Ministerie van de Vlaamse Gemeenschap
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Definition of the river basin We use the definition and the geographical borders as designated by the Flemish Region to delineate the basin in which the study takes place2. Flanders is divided in 11 sub-basins. The region is crossed by 3 basins (Maas, Schelde, Ijzer). In the context of the EU water framework directive, the Flemish Region has chosen the basin of the Schelde as the water district (stroomgebieddistrict). The Dender basin was granted of a consultative structure, the basin committee since 18 February 1991.
Population The total number of inhabitants is 349485. In the Flemish Brabant, the basin includes the towns of the arrondissements3 of Halle-Vilvoorde and in the Eastern Flanderes the arrondissements of Aals, Dendermonde and Oudenaarde. 27 communes are included, 11 entirely and 16 partly. The most important towns (superficy and population) are all sirtuated along the Dender: Aalst (50000-100000 inhabitants), Ninove (10000-50000 inhab.) and Geraardsbergen (10000-50000 inhab.). During the period 1980-2001, the population remained stable inside the basin, except in Aalst where the population slightly declined.
Spatial use & activities Water uses in the Dender basins are manyfolds. They are induced by a why set of human activities. In the regional land-use inventory, the Dender basin is classified as an open area mainly composed of natural an agrarian spaces. Urban areas are also present. Only the city of Aalst has a consequent size (gewestelijke gemeente).
Industry is concentrated mainly between the towns of Aalst and Dendermonde, but also in Ninove and Geraardsbergen and along the motorway E40 that goes from Brussels to Ghent. The industrial zones are the following4: • Aalst - E40 Erembodegem (81 ha) • Aalst - Gijzegem (11.48 ha) • Aalst - Hofstade - Wijngaardveld - Lion d’Or (155 ha) • Erpe Mere E40 (51 ha) • Geraardsbergen -Schendelbeke - Ophasselt (76 ha) • Ninove - Appelterre (12 ha) • Ninove - Industriepark (121 ha) • Ternat - Asse - Liedekerke E40
In the field of water quality, the total number of industries of which emissions are monitored by the VMM is 49. This number encompasses all the priority companies (34 P-bedrijven) and some smaller ones that are important emitters.
Concerning agriculture, 2079 farms are registered5. They are specialised in intensive breeding and the production of cereals.
2 “Een bekkencomité is in wezen een ambtelijk overlegorgaan dat instaat voor het integraal waterbeheer binnen zowel administratief als hydrographisch afgebakende grenzen. Het hoeft daarom niet dezelfde begrenzing te hebben als een stroomgebied”, in VMM, 2000, AWP2 Dender, TW, p. 14 3 The division of the territory is manyfold. Division are functional. For the population, we have the region, the provinces, the arrondissements and the communes. For rivers, we have the basins and the tributary basins (VHA-zones) and for purification we find the purification districts that follow there own logic of division. 4 Localise the industries one by one with the table 27 (VMM, AWP2) 5 The register is managed by the Vlaamse Landmaatschappij (VLM).
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1.1.2 Physical geography
Source of the river and flow, basins around, tributaries. The specificity of the Dender is the large number of tributaries (bijrivieren).
Geological aspects and landscape in the basin The structure of the valley is asymetrical. The East part is flat (plate) and the West part is composed of hills, a place called the “Wall of Geraarsbergen” (de ‘Muur van Geraarsbergen”). The main part of the basin (Flanders) is located in a argillaceous, clayey area (Leemstreek) (zone argileuse). The north part is the Zandleemstreek (sandclay?). A tiny part at the Southwest is in Heuveland, Flemish Ardennes (ground also composed of clay)
Landscape In the north part of the basin, the relief in the Zandleemstreek is not specific (flat, niet opvallend, pas remarquable). In the Leemstreek, the landscape ondulates with small enclaved brookbeds (lits de ruisseaux, beekdalen). This is more and more obvious as one goes South, from the Zandleemstreek to the Heuvelland.
The rivers of the basin are bordered with sites of high natural value: grazing areas, brushwood (ruigten) and woods. We find along the Dender some paludous biotopes (wetlands). In general, natural areas are disseminated in small fragments. And their biological interests diminishes as they are transformed in poplar plantings (plantations de peupliers).
Sites of biological interest are6: • downstream, Wellemeersen-Kapellemeersen (Welle-Denderleeuw): labelled natural reserve (ER, erkende natuurreservaten) / protected landscape (beschermd landschap) • Nuchten (Idegem), de Kwaadbroeken (Pollare), het Moenebroek (Schendelbeke), de Molenmeersen and de Pollaremeersen (between Pollare and Ninove) • Along the low course of the Mark, one finds flowered meadows (prairies de fauche), for instance in the natural reserves ‘De Rietbeemd’ (De Wielewaal vzw, in Geraardsbergen) and ‘De Markvallei’ (ER/N, in Galmaarden). • the valley of the Molenbeek in Honegem: an old peat-bog moved in a plantation of rushes • the East side of the Dender with woods and springs (bronbosjes): het Raspaillebos (De Wielewaal vzw, in Geraardsbergen)and het Moerbekebos at the East of Geraarsbergen • In the South, de Terkleppebeek (Everbeek-Brakel).
6 The complete list is available in VMM, 2000, AWP2 Dender, TW, p. 22-23.
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1.2 Hydrological aspects
Here we present some characteristics of the water cycle in the basin and hydrogeological data. We also give an interest to hydrological characteristics of the main streams of the Vesdre basin.
1.2.1 Water cycle
Climate and pluviometric The climate of the Dender basin is a temperate oceanic climate with a yearly surplus of rainfalls. This quantity of rainfalls is available to feed the aquifers and the streams. During the period 1990-1997, the average rainfalls is 780.1 mm/year. (between 750 mm and 1400 mm in the Vesdre basin).
Hydrogeology The major part of the Dender basin is located on clayey sediments (lemige sedimenten, sédiments argileux), called the Leemstreek. In the Northern part, one finds the Zandleemstreek, localised sand layers full of water. A small part in the South West, called the Heuvelland belongs to the Flemish Ardennen.
From the layers of the Zandleemstreek emerge springs. In dry periods, the flow of the springs diminishes widely until it stops. To go further in details, the aquifers of the Pleistocene is important for the production of water. This type of aquifer is very fragile if not protected by an upper layer. The formations of sand of Lede, Wemmel/Vlierzele en Knesselare are of second importance for the production of water (waterwithdrawing). The sands of Egem are also interesting in the North East and North West if protected by upper layers of clay. In some other places (socles Landénien, Crétacé et paléozoïque), the quality of is not of prime interest, but groundwater can be of some use for the industry. In the North and North West areas of the Dender basin (above a line Everbeek - Denderleeuw - Sint-Martens-Bodegem), one finds areas of infiltration due to formings of the Eocene period. Under the same line, often near from the surface, stand mainly isolated Eocene sand formations. The dominant profile here is the little permeable layer of clay of Ieper. Infiltrations are important around Herne (socle Paléozoïque).
1.2.2 The river Dender and its tributaries
Hydrology The total lenght of the Dender river is 51 km and the total lenght of all watercourses in the basin is 868 km.
The flow of the river is highly irregular. It depends on rainfalls. The Dender is submitted to a regime of rainfalls (neerslagrivier): 91.5% of the flow of surface water in the basin depends on rainwater, while 8.5% of water comes from springs. Thus, the flow is very low without rain. The variation of the flow is high with rainfalls, fluctuating from 0.5 m³/s to 100 m³/s. In 1996, the lowest debit of the Dender was 7.26 m³/s and the highest 63.20 m³/s. Such a regime leads to high flows (piekdebieten) and flowdings (overstromingen). In the dry periods, the level and flow of the Dender are very low. In that case the wastewater that flows without purification into the river is not diluted enough. This causes fish diseases and bad smells.
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Most watercourses in the Dender basin are deeply enclaved and have a low water level. On the basis of the breadth, the height and the deepness of the banks. We identify four types of watercourses in the Dender basin: • The upper courses: they are characterised by a low flow of springs that dry up (se tarir) each year. They are also colonised by paludous plants (végétation palustre) • The larger courses: these are rarely dryed up. The fauna bordering the courses are more typical of rivers (sterrekroos and waterpest) • Some larger tributaries of the river Dender: they are characterised by deeper water and a low flow. • The Dender: the river is broader and deeper than other courses in the basin. Its course has been modified by numerous human works that allow navigation. Its looking is typical of a canal. The vegetation was suppressed from the banks.
The main tributaries of the river Dender are the following (from the begin to the end of its course in the Flemish area: • The Mark (right bank): with a sub basin of 175 m², the Mark is the most important triburary. It issues in the Dender in Wallonia, above (upstream) Geraarsbergen, but its main course is localised in Flanders. The upstream part (Viane - Moerbeke) is rectifyed (modified). • The Molenbeek - Terkleppebeek (left bank): issues in the Dender in Zandbergen (Geraarsbergen) and keeps a good quality and a natural aspect. • The Molenbeek - Pachtbosbeek (left bank) • The molenbeek - Wolfputbeek (right bank) • The Bellebeek (right bank) has a sub-basin of 100 km² a half of which is more than 50 m above the sea level. • The Molenbeek - Erpe Mere: flows into the Dender in Hofstade (Aalst). It has a small sub-basin but stretched along the West border of the Dender basin. • The Vondelbeek: This river belongs naturally to the Dender basin but now flows out in the Zeeschelde via a reduction (gearing down, reduced diameter of the pipe) under Dendermonde and a pump.
Classification of streams (NR & NNR categories according to the law of 1967) According to the law of 1967 about the management of non-navigable watercourses, the rivers are classified in categories. They authority that manages them depends on the classification. Navigable rivers are defined as such on a list. Non-navigable rivers of first category have a basin >5000 ha. They are administered by the Region. Rivers of second category have a basin 5000 ha < x > 100 ha and are administered by the Provinces. Rivers of third category have a basin < 100 ha and are administered by the communes. Non-classified non-navigable rivers are the tiniest streams. They are privately owned and managed by the riparian landowners. An exception remains. On the territory of the polders and the wateringues, the rivers of the second and third category are administered by these authorities.
In the Dender basin, rivers are divided as follow. The Dender is a navigable river (bevaarbare waterloop) in the whole basin. It is highly canalised. The management authority is the AWZ. The non-navigable rivers of the first category are the Mark in its entirety, the low parts of the Molenbeek, the Bellebeek, the Molenbeek and the Vondelbeek. The manager is Aminal, afdeling Water. The watercourses of the second category of NNR are too numerous to be cited. They are administered by the provinces (Provincie Oost-Vlaanderen and Provincie Vlaams-Brabant). The watercourses of the third category are administered by the
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1.3 Pollution problems
Quality aspects are worrying, due to an important pollution. The river Mark must be particularly protected, as is it a reserve for potential drinking water Measures of quality are realised by the VMM in every part of the basin with 129 points of measures for the quality of water and 18 points of measures for the quality of sludges (waterbodems), i.e the soil of riverbeds.
Physical-chemical quality It is measured with the Prati Index (zuurstof-Prati-Index, PIo). It is measured on the basis of the percentage of dissolved oxygen. A Prati Index under 4 indicate a medium to good biological water quality, but no norm has been determined for it in Flanders. In the Dender basin, the average value of the Prati-Index is 4.7, i.e. slighly above the indicative value. For 58% of the points of measures, the water quality is not good enough: • None are very severely polluted • 7% are strongly polluted • 51% are polluted • 40% are moderately polluted (matig verontreinigd) • 2% are acceptable • None are not polluted According to the regional average, almost all physico-chemical parameters measured are negative (COB, COD, oxygen, ammonium) regarding the standards defined in Vlarem 2, except for nitrates (NO3). Over the period 1990-1997, some improvements are noticed for all the parameters. Only the concentration of nitrates raised, which is explained by a higher presence of oxygen.
Biological quality The biological quality of the watercourses in the Dender basin is measured according to the Belgische Biotische Index (or indice biotique belge)7. The BBI is based on the presence of invertebrates in water. The BBI has a scale from 0 to 10 as 10 is the highest quality. The Vlarem II norm is met when the BBI is above 7. In 1997 in the Dender basin, 98.5% of the points of measures don’t meet the norm BBI: • 1.5% have an extremely bad quality • 42% have a very bad quality • 25% have a bad quality • 30% have a medium (matig) quality • 1.5% have a quality respecting the norm (above 7) • None has an excellent quality Over the period 1989-1997, water quality remained unchanged for 52.5%. It has deteriorated for 17.5% of the points and bettered for 23.3%. The remarkable improvements are observable in the tributary basins of the Molenbeek-Pachtbosbeek and the Dender around Geraarsbergen. Bacteriological analyses are also realised by the VMM where it exists recreative water uses.
7 The use of such an index allows a comparison with the Vesdre basin.
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Over the period 1989-1997, the biological quality remains unchanged for 52.5% of the points of measure. It worsened in 17.5% of the cases and improved in 30% of the cases. Globally, the water quality of the basin is thus slightly improving.
Chemicals The presence of hazardous substances is also measured in the basin, particularly heavy metals and pesticides. The norms of basic quality8 are respected for seven heavy metals (arsenic, cadmium, nickel, chrome, lead, copper and zinc) while they are exceeded in several places. Over the period 1990-1997, the concentrations of heavy metals is declining, particularly for arsenic, chrome and zinc since 1994.
Pesticides are well present in the waters (lindane, atrazine, simazine, diuron and isoproturon). It doesn’t exist quality standards for each substance in Flanders. In 1997, in the Dender basin, the maximum concentrations were : Lindane 48 ng/l (Dutch standard : 920 ng/l), Endosulfane 11 ng/l (Dutch standard : 20 ng/l), Tetrachloronitrobenzene 24 ng/l, Isodrin 55 ng (Vlarem 2 :5 ng/l), Atrazine 2.72 µg/l (Dutch standard : 2.9 µg/l), Simazine 0.25 µg/l (Dutch standard : 0.14 µg/l), Diuron 1.23 µg/l (Dutch standard : 0.43 µg/l), Isoproturon 2.4 µg/l (Dutch standard0.32 µg/l).
Riverbeds Concerning the soil of the riverbeds, pollution is also well present. The VMM measures its quality on 18 points in the basin. Soils are classified by the degree of quality (triade- benadering). In the Dender basin, there are no strongly polluted riverbeds (5th class), but 22% are very polluted (4th class), 61% polluted, 17% moderately polluted and no clean riverbeds.
All in all, the quality of the surface water in the Dender basin is worrying. However, it is far from the worst situation observed in Flanders. The quality problem is global. It is noticeable that the quality of surface water at the entry of the basin is improving. Traditionally incoming water from Wallonia was of a very bad quality. Since the last years, the development of purification in the Walloon region explains this improvement.
II. History of water management in the basin (1980-2001)
After a description of the evolution of the water regimes in Flanders over the covered period, we detail the current insitutional arrangement at the scale of the Dender basin.
2.1 Evolution of the Flemish regimes
In the contemporary period, the evolution of the Belgian water regimes is characterised by the emergence of regional water institutions, for considerations that are external to the water
8 see Vlarem II. Besluit van 1 juni 1995 van de Vlaamse regering houdende algemene en sectorale bepalingen inzake milieuhygiëne (B.S., 31.07.95).
D. AUBIN - F. VARONE - EUWARENESS 11 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM sector. Initially, the laws of 1971 are very progressive. They set legal dispositions to protect aquifers and to manage surface water at a river basin scale. The regime change is then led by a strong pressure on the resource due to the pollution. It gives birth to a completely new institutional arrangement programming the creation of three basin companies. This arrangement follows the French model of the basin agencies stressed in the 1964 law. We divide our analysis of Flemish water regimes in three periods, the first before the regionalisation, and the third being an attempt towards more integration that began at the beginning of the nineties.
Table 1: Phasing out of the Flemish institutional water regimes from 1804 to 2001 Phases Property rights Policy design Institutional regime 3. 1945-1980: Policy focused Towards a First attempts to fight against Limitations in disposition rights of Protection of surface and groundwater, complex regime the pollution riparian landowners but lack in implementation Medium scope Presumption of public property of Cleaning out of rivers at the expense of Low coherence non-navigable riverbeds public authorities
4. 1980-1990: Policy focused Complex regime An effective regime to Transfer of the public domain to the Transfer of most environmental Medium scope protect water at the regional Regions. Capacity of expropriation competences to the Region Medium coherence level Prior authorisation for withdrawing Policy of hydrous independence groundwater Global environmental permission
5. 1990-: Attempts towards Property right focused Policy focused Towards integration Expropriation for the management of Quality of surface water assured by a integration dams and dikes associated with natural public/private partnership (VMM, Wide scope and recreation objectives Aquafin). Taxation of emissions High coherence Expropriation for the purpose of Regulation of the spreading of manure in nature conservation fields Informal attempt to co-ordinate different water uses at a tributary basin scale Basin committees
2.1.1 First attempts to fight against pollution (before 1980)
At the end of the Second World War, the emerging Welfare State reinforces the public management of water in Belgium. The acknowledgement of persistent pollution problems in rivers and the chronic floodings give rise to a regime of punctual water protection (1945- 1980). The main idea is to limit emissions and to accelerate the flow of water in order to throw pollution out to the sea. The law recognises a presumption of public property in non- navigable riverbeds. Disposition rights are limited for polders and wateringues. Their competence in the cleaning out and works in rivers is limited and the State controls the maintenance of their installations. By the way, such dispositions facilitate State intervention. The policy design gives the full charge of cleaning out the rivers to the public authorities and puts a prior authorisation on works along rivers. Furthermore, surface water is protected with the building of collective purification plants for urban wastewater and groundwater protected with the setting of protection perimeters around wells. Industrial emissions are limited. The policy model is: If we protect springs and wells and we purify wastewater, then we will secure water supply and strengthen public health. The model is translated in the legislation with the law of 1967 on the regulation of non-navigable rivers and the laws of 1971 on the protection of surface and groundwater. The Central State reinforces its competence to the detriment of the municipalities. The Minister of Public Health promotes the creation of three public
D. AUBIN - F. VARONE - EUWARENESS 12 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM companies of purification responsible of the collective systems of purification and with a power of advice on industrial discharges in surface water. The territory of the companies corresponds to three water basins (the Coast, river Meuse and river Escaut), and not to the three Belgian regions (Flanders, Wallonia and Brussels). The protection of groundwater is programmed at a central level with the advice of water distribution companies. The main instruments are a general prohibition of pollution linked with prior authorisations for discharges, fees and subsidies. They target more precise groups of users, i.e. water companies, petrol companies, farmers, industries and entrepreneurs of works. However such uses as living environment and recreation are still not considered. The main weakness of this design is that it didn’t anticipate broader institutional changes in Belgium, i.e. the federalisation process launched in 1970. The law on groundwater has not been implemented and the purification companies have never been settled properly. Since 1974, water competences enter progressively in the competence of the Regions. Then each Region reconsiders the current water framework according to its own interests and culture. Flanders partially implements the law on surface water. The Waterzuivering Maatschappij van het Kustbekken9 (VZK), is created in 1975 for the coast territory and an Escaut/Meuse purification company, the Vlaamse Waterzuiveringsmaat-schappij10 (VWZ) in 1981. The municipalities are expropriated of their purification plants at the benefit of these two authorities.
2.1.2 An effective regime to protect water at regional level (1980-1990)
The Belgian process of decentralisation conducts to regional water regimes. Following the special law of institutional reform of 1980, autonomous regional administrations are put in place and, consequently, water regional policies are deepened. The public domain is transferred to the Regions as most environmental competencies. Flanders enters in a policy of water independence. The regional orientations are guided by a relative water scarcity and the strategic interest that water represents in negotiation about federalisation with Wallonia. At that time Flanders is dependant at 60% from Wallonia for its drinking water provision. Concerning the property rights, Flanders introduces a prior authorisation to withdraw groundwater. Concerning the policy design, it decides to implement the laws of 1971 on the protection of surface and groundwater and adopts an environmental permission for the industrial discharges. The Region develops a policy of hydrous independence as Wallonia enacts a new legislation on the protection of surface water that would be financed by water exports in the other regions11. The Flemish policy design systematises water protection. It is based on the assumption that: If we protect wells from (diffuse) pollution and we regulate discharges through global permissions, then we will develop our own capacities to product drinking water. The law of 1971 on the protection of surface water is maintained and completed with decrees on the protection of groundwater and on environmental permission. Households become target groups and, concerning the instruments, a prohibition of spreading manure from abroad and the environmental permission, twinned with the planning permission, are introduced. Then every hazardous activity needs a prior authorisation. The Region levies fees on industrial emissions and taxes on households in order to finance water purification. It confirms its leading role in water policy with a complete review of the former institutional arrangement, creating regional water companies. First, the Vlaamse Maatschappij voor Watervoorziening (VMW), i.e. the Flemish water distribution company is created in
9 Water Treatment Company of the Coastal Basin. 10 Flemish Water Treatment Company. 11 A disposition cancelled by the constitutional court (Arbitragehof)
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1983, resulting from a split of the Société nationale des Distributions d’Eau12. The main goal of the VMW is to enhance the inland water production. Second, purification activities arte merged at the regional level. A single company, the , the ‘Vlaams Maatschappij voor Waterzuivering’ (VMZ), controls and operates the purification activities for the whole region and also gives advises about the environmental permissions on industrial emissions. The decentralisation of the competence doesn’t lead to more integration. The leading role of the Flemish Region doesn’t reform the sectorial organisation of the administration13. The policy design remains partial, while resource protection is still not really taken into consideration. Coordination is high, but limited to purification. Flanders pursues a regional approach. It abandons the river basin approach, as it merges a basin company in a single regional company in 1989. At that time, the regime remains oriented towards the production of drinking water.
2.1.3 Attempts towards integration (1990-onwards)
Flanders knows a transition towards integration in the early 1990s. The regime is consolidated in favour of water protection. The property right system is solicited. The focus is put on the control of formal ownership rights. Expropriation has been understood as an effective regulation tool. Since 1996, the Flemish Region can expropriate riparian landowners either for the management of dams and dikes or for complementary ecotechnical works or recreation projects on riverbanks. Also, expropriation can be conducted to set up the natural reserves foreseen in environmental protection plans. So the Flemish executive is entitled to expropriate with an aim of nature protection or public safety. Concerning the policy design, Flanders focuses its intervention on purification. As a reaction to the persistent pollution of rivers and to European obligations, it privatises partly its purification activities and extends the regulation of discharges to new users. The new causal hypothesis is that if we intensify water purification, regulate discharges through global permission, limit manure spreading and define absolute protection zones, then we will improve our reserves of potential drinking water and preserve ecosystems and bio-diversity. The list of target groups is particularly extended to farmers. Almost all potential water users are designated and a mix of policy instruments is used, e.g. inventories, taxation, limitation of practice and designation of protected areas. The spreading of manure in fields is severely regulated and regulations on nature protection and industrial emissions are reinforced. Nevertheless the main change in the period consists in a complete restructuring of the implementation structure of the policy. The tandem VMM/Aquafin integrates the whole policy of surface water quality. The Vlaams Milieumaatschappij (VMM), a 100% public company, created in 1990, monitors the quality of surface water, gives advises on environmental permissions and elaborates the investments plans for purification. These plans are implemented by Aquafin NV, a public-private partnership14, which builds and operates the collective purification plants. Nowadays, the policy design is strong. The scope of the regime is enlarging to living environment and recreation. The coordination is reinforced. VMM controls the water policy. However the coherence is not reached with the other water uses. A law about an integrated water policy, under preparation, could lead to a complete redistribution of competence in the field of water management, formalising the experience of the ‘bekkencomités’ (11 basin committees today),
12 The Walloon counterpart is the Société wallonne de Distribution d’Eau (SWDE), created in 1986. It deserves approximately 1,750,000 customers and the VMW 2,380,000. 13 Initially, the competent administration in the field of water is the Administratie voor Ruimtelijke Ordening and Leefmilieu. It becomes AMINAL (Administratie Milieu-, Natuur-, Land- and Waterbeheer) in 1990. All the water competence is grouped in the same department (Leefmilieu en Infrastructuur) of the same ministry. 14 Aquafin NV is hold at 51% by the ‘Vlaams Milieuholding’ (Flemish Region), Severn Trent (20%) and institutional investors (29%).
D. AUBIN - F. VARONE - EUWARENESS 14 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM a forum of discussion set up by the administration at a tributary basin scale. There are no strong links between these two attempts of co-ordination. More, the Flemish regime is the first to limit economic activities in favour of water protection. Even if a logic of production, i.e. the capacity to produce drinking water, is the leading concern, the situation reflects the awareness of the regional authorities about the need to manage water sustainably in order to secure water provision. Nowadays, the administration now recognises delimited tributary basins and tries to co-ordinate its activities at this scale in the basin committees. But the basin committee doesn’t encompass the whole water sector. The management of the quality of surface water is given to the VMM which acts at a regional scale. However the VMM now realises its water quality plans at the tributary basin scale. The present regime is property right-driven. Measures taken in each category follow their own logic at the difference of earlier regimes where property right changes were coming in support to the policy design changes. Here changes in property rights produce their own effects in favour of the environment. Both sets of intervention tend to more water protection. Change is paradigmatic. Interventions on property rights face a renewed interest, as the limits of interventions of public policies on diffuse pollution seem to be reached. Now the Flemish Region has the capacity to expropriate at the benefit of nature conservation.
The remaining problem with the basin approach in Belgium is that river basins cross the regions. As the Regions decided to manage economic and environmental matters on their own with the federalisation, it was not expectable to create true basin authorities. But an inter- regional cooperation is expectable with the international river management approach applied to the Escaut and the Meuse. River basin management is on the way but it remains an arrangement to set up.
2.2 Identification of actors in the Dender basin
The transition from a complex to an integrated regime led to more co-ordination. The task to conceive and implement the water management is the competence of the regional administration. Though this administration was discharged of a part of the water management, especially the quality of surface water. Integration is attempted by several structures in the limits of their competencies and it remains partial. In Flanders, the partial integration is realised on the quality of surface water. Industrial and domestic discharges, measure of the quality of the rivers and programming of investments in collective purification plants are all at charge of the VMM. There the vision of coordination reflects a high degree of centralisation. In fact, it consists in establishing environmental plans. The task is generally given to the administration.
Natural water cycle The natural water cycle encompasses all aspects of the circulation of water from the rain to the flow in the sea, including direct withdrawing. The organisation and authorities responsible of the water distribution are described later when we consider the anthropogenic water cycle.
The water mangement results of a wide set of authorities (see figure 1). As we have seen earlier, the management of the rivers depends on their classification. The river management consists in regulating the flow (water quantity), determining the access to rivers, cleaing out the riverbeds and managing the banks. In the Dender basin, the navigable rivers are managed by the Administratie Waterwegen en Zeewezen (AWZ, Administration of Waterways and Seamanship). The non-navigable rivers of first category are managed by the Administratie
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Milieu-, Natuur, Land- en Waterbeheer (AMINAL, Administration of the Environmental, Nature, Land and Water Management), more precisely by its Water Division (afdeling Water) and a service deconcentrated by province. The responsible service is located in Ghent and is responsible of the whole Eastern Flanders. AMINAL and AWZ both belong to the same department, i.e. the Departement Leefmilieu en Infrastructuur (LIN, Department of Living Environement and Infrastructure), itself belonging to the Ministry of the Flemish Community (Ministerie van de Vlaamse Maatschappij). This ministry represents one third of the regional administration. Water courses of the second category are administered by the Provinces Eastern Flanders and Flemish Brabant. Watercourses of the third category are managed by the communes where they flow, i.e. the various communes of the basin. The tiniest watercourses remain under the liability of the riparian landowners. An exception is made with the rivers of 2nd and 3rd category located on the territory of the polders and the wateringues that are managed by these organisations, under the supervision of AMINAL however.
Figure 1 : Presentation of the competencies in water management in Flanders, 2001
Natural Water Cycle : Competencies inin FlandersFlanders
LandownerLandowner att.. 33rrdd cca NNoonn--ccllaasss AMINALAMINAL NNNNRR siiffiieedd N NNNRR Province* t.. Commune*Commune* caat dd c 22nn R NN Water qualityquality SupervisionSupervision of of polder & wateringues VMM polder & wateringues PumpingPumping permissionpermission AMINALAMINAL Region, province NNN region, province NRR 1 Disposal (within environmental permission) 1ss Disposal (within environmental permission) AMINAL tt Region for public settings (incl. RWZIs) cca Region for public settings (incl. RWZIs) tt.. provinceprovince for for 1st 1st cl. cl. (big (big industries) industries) communecommune for for 2nd 2nd & & 3rd 3rd cl. cl. settings Settings (SMIs) (SMIs)
Navigable river AWZAWZ
QualityQuality AMINALAMINAL PumpingPumping permission permission GroundwaterGroundwater && OVAMOVAM Province,Province, commune, commune, QuantityQuantity AMINALAMINAL AMINALAMINAL if if drinking drinking water water * except in polder and wateringuewateringue zonezone
Other aspects of water management are considered. First nature protection is put under the competence of AMINAL, Nature Division. Some protected areas belong to private associations, i.e. De Wielewaal vzw or Natuurreservaten vzw. Second the section of water quality is managed by the Vlaamse Mileumaatschappij (VMM, Flemish Environmental Company), which is a regional public body (Vlaamse Openbare instelling). The VMM measures the quality of the surface water, makes reports on the environment, gives advice in the procedure of the environmental permission and prepares the investment plan dedicated to the building and operation of purification plants. Pumping permissions are delivered by the provinces in general and the AWZ for navigable rivers. Discharges are authorised regulated by the environmental permission. The VMM gives a technical advice on behalf of the Flemish Region, but permissions are delivered by the Flemish executive for public settings, e.g. hospitals and purification plants, the province for big polluting industries (1st class), and the
D. AUBIN - F. VARONE - EUWARENESS 16 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM communes for SMIs and small activities (2nd and 3rd class). Groundwater is entirely managed by AMINAL Water Division, i.e. quality and quantity aspects, but pumping permissions are also delivered by the Province (or by the Region in case of potential drinking water ?)15. So a wide set of actors are involved in water management even if most part of them belong to the Flemish regional administration. Coordination at the level of river basins is them hard to organise.
The main mechanism of coordination at this scale is the basin committees. In the Dender it has been set up since 1991 by the administration in an informal way. Organised on a tributary basin scale, they allow civil servants to be informed of what their colleagues do and, in an extended composition, to inform water users and collect reactions. The plenary session is organised each year in September. Small groups of discussion meet several times a year. The committee is divided in 12 groups: purification, drinking water, industry, etc. The administration of the Environment has been at source of the bekkencomités ten years ago. The process is agreed by the Minister but a legal act never emerged from it. The process remains an ad hoc process.
Anthropogenic water cycle With the concept of anthropogenic water cycle, we intend the cycle of water that is withdrawn with the single purpose to be distributed as drinking water. This water is Withdranw, eventually treated, distributed to end-users by a distribution network, then used and discharged in sewing system, and in most cases purified before being discharged in surface water.
First water is pumped by the water producer. The producers needs a prior authorisation delivered by the Region (or the Province ?). Water is distributedto the final users. In many case the distribution is the fact of intercommales (Tussengemeentelijke Maatschappij der Vlaanderen voor Watervoorziening, TMVW, or Bedrijf voor Waterbedeling Aalst in the Dender basin), where the communes are involved at the highest level. In other cases water is distributed by the Vlaamse Maatschappij voor Watervoorziening (VMW), a public company which is the Flemish part of the former National Company of Water Distribution. It has a status similar to the one of the VMM (Vlaamse Openbare Instelling).
Once consumed water is discharged in sewers built and belonging to the communes. They are connected to main sewers which are financed, build and operated by the NV Aquafin. The main sewers conduct water to purification plants (RWZI’s) that are build, owned and operated by the NV Aquafin. Created in 1991, Aquafin is a public-private partnership between the Flemish Region and Severn Trent Ltd., a British private operator. Aquafin is financed by the Region to put Flanders in conformity with the requirements of the 1991 directive of urban wastewater. Works are programmed by an Investment plan of five years, elaborated by the VMM and adopted by the Flemish executive. Works on sewers and purification plants are financed by the MINA-Fonds, partly fed by a a tax on water discharges. Regulation, permission and control in the water cycle is managed by AMINAL.
15 Grondwaterdecreet (B.S., 05.06.1984 en B. Vl. R. 17.12.1985)
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Figure 2 : Structuration of water actors in Flanders
Flemish executive AMINAL Permission for withdrawing Regulation Permissions Investment Controls program for 5 years VMM Elaboration of general sewing programs Management of networks of measures
Execution of the investment Water NV Aquafin program Distributors building and operation producers of purification plants
Communes Sewing
Tax collection Consumers Monitoring of industrial and agricultural wastewater
Fi nancial flow
The evolution of the Flemish water regimes attests of a will to improve the environment. The institutional arrangement concerning the anthropogenic water cycle is focused on purification, and also a reduction of water consumption16. In the Dender basin, the policy of purification is largely producing effects. Purification remain the central water use in the basin.
III. Development of uses
Our intention in this part is to identify the different uses according to the EUWARENESS classification of goods and services. With the uses we observe in a second part conflictual uses that gave rise to rivalries or even conflicts throughout the period. Most of them seem now to be overcome, but new ones could appear in a present future. From uses we describe the different users, stress the rivalries and particularly examine four intra-cases. Finally, we present an aggregate view of the uses in the basin.
2.1 Water uses involved
In the first part we present the different uses of water inside the Dender river basin. We describe the use, users and actors for each good and service involved.
16 For instance, since 2000, it is compulsory to build rainwater collectors and reservoirs with new buildings.
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2.1.1 Living environment
Final users of this good & service are fauna and flora. No data are available about their water consumption of this kind of users. However the function of living environment is interesting indirect human users, who make pressure for a greater concern of the problem. They are fishers and professional of the tourist sector. This service (G&S) is taken into account by the Flemish regime. In the Dender basin it is reflected in protection of natural zones or waterbodies.
First, natural areas are protected17. They are registered under different label, be it publicly or privately owned. Some natural areas are determined by the Flemish Region. They are natural areas (N), Flemish natural reserves (VR) and approved natural reserves (ER). In the basin, these natural areas are valleys with streams, woods and wetlands. Some reserves are owned by associations of nature conservation (De Wielewaal vzw, Natuurreservaten vzw). they are dispersed and of small superficies18. For instance the Natuurreservaten vzw generally own fields of 2-3 ha that are quite dispersed, except with the Bronbossen in the South-East of the basin, in Everbeek). About the corridors of nature, a planned measure of nature conservation, a map has been prepared by the Flemish administration, but effective measures are still awaited.
In regards of the European and international legislation, we find no protected areas, be it under the Wild Birds and Habitats (Natura 2000 network) directives or under the Ramsar convention.
The vulnerability of aquifers is also registered by the Flemish Region19. There are four levels of vulnerability. These fragile aquifers are found in the Dender valley between Geraardsbergen and Ninove and between Ninove and Denderleeuw, in the Pajottenland (south-east and north of Aalst) and in the basin of the Mark.
The service living environment has developed during the studied period. It is of common occurrence to declare that nothing occured in favour of nature protected, at least concerning effective measures, before the regionalisation.
2.1.2 Consumption
Withdrawals Neither groundwater nor surface water are withdrawn in the Dender basin for purposes of water consumption. Water is imported from several parts of Belgium. First, for Dilbeek, water comes from the network of the Brussels’ Compagnie intercommunale de Distribution d’eau. Second Water is sold by Walloon water companies or the CIBE to the VMW and the TMVW or directly produced by them in Wallonia. Third water comes from Antwerp, produced from surface water by the Antwerpse waterweken (AWW) and sold to the VMW and the TMVW.
Even if there is no production in the Dender basin, the whole basin of the Mark is classified as a protected area dedicated to the production of drinking water (160 km of water streams). This
17 Savoir quand les zones sont introduites, ainsi que les corridors (non mis en œuvre pour le moment). Plus de détail sur la politique d’achat et d’expropriation. 18 VMM, 2000, AWP2 Dender, TN, p. 32-33 19 VMM, 2000, AWP2 Dender, TN, p. 33
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Producers and providers The major part of the basin is provided by the Vlaamse Maatschappij voor Watervoorziening (15 communes). The division is not communal anymore. With the merger of the communes in the 1970s, some communes are partly provided by one distributor and partly by another. It is the case for Aalst, Herzele and Lierde. The second water distributor is the Tussengemeentelijke Maatschappij der Vlaanderen voor Watervoorziening. Two communes have another distribution system. A part of the commune of Aalst, the town center, is provided by the Bedrijf voor Waterbedeling Aalst, belonging to the municipality. also, Dilbeek is connected to another network, the one of the Intercommunale voor Waterbeleiding in Vlaams-Brabant (IWVB), a mixed intercommunale. The company Aquinter SA (belonging Suez) participates.
Consumption In Flanders, the average consumption of drinking water is 120 litres per day and per person. The consumption of drinking water knows a slight decline over the period, as measures of economy are strong in the region.
2.1.3 Production
Three sub-categories are comprised in this good & service: industrial water, production of mineral water and agricultural uses. Production of mineral water doesn’t exist in the Dender basin.
Industrial water Water withdrawing of the industry are both realised from groundwater and surface water. Industries are mainly located along the Dender and a certain number of them withdraw water from the river. This water is used both in the production process and for cooling. Water withdrawings corresponds to 29049 m³/day21.
In 2000, 400 points of discharges are authorised along the Dender. The main industries located along the Dender withdrew a total of 11394656 m³ in 1999.
20 This policy is not totally abandoned as an adduction is quite achieved. It will link Antwerp to Ghent, Brugge and Oostende. The TMVW ought to diminish its imports from Wallonia once the adduction is operational. 21 This number corresponds to the total of industrial discharges in the Dender basin
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Table 2: Main water withdrawings in the Dender (1999) Company Place Withdraws in m³ (1999) Unalit Overboelare 291’319 Fabelta Ninove 794’758 C.C.B. Liedekerke 2’195 Rendac Denderleeuw 355’288 Schotte Erembodegem 0 Electrabel Aalst 984 Amylum Aalst 8'905’787 V.P.K. Oudegem 1’044’325 Total 11’394’656 Source: AWZ ,Afdeling Bovenschelde, 2000
Agricultural drainage The main direct water use in agriculture is the drainage. The drainage consists in digging little canals in order to allow the flow of water from the fields to the river. Drainage sometimes also needs some dikes, mainly in polder areas. In the Dender basin, along the Dender, drainage has been organised by communities of farmers. The Dender basin accounts one polder near the mouth of the Dender and nine wateringues. All the wateringues are small territories (a few km²) located along the Dender. The polder occupies all the banks of the Dender between Aalst and Dendermonde (along +- 10 km).
We have no data of the drained volume, but indication about the quality of the drained water. The emissions of nitrates are very high with drained water. They represents 63% of the total discharge in the Dender basin (1352 kg/d for 2130 kg/d). The flow of drained water is the more important in the sub-basin of the Bellebeek (VHA zone 422), where no wateringue stands. On the other hand, the drained water do not bring much phosphor (4.7% of the total discharge). It seems that phosphor is much less mobile than nitrate.
2.1.4 Energy
No identified hydropower production in the Dender basin.
2.1.5 Transport and absorption
The Dender basin is highly polluted by water discharges. If it has not so bad results compared with other basins in Flanders, the situation of the basin is quite worrying in the absolute. The responsibility of manure spreading from agriculture is here not central. The pressure of the problem it is mainly due to a high population density on every part of the basin, linked with the presence of industries. The pollution pressure by the households in the Dender basin is more important in the tributary basins of the Bellebeek and the Molenbeek-Graadbeek. The true pollution of industry is particularly important at the downstream of the Dender basin
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(Molenbeek-Erpe-Mere). The impact of agriculture is more important in the tributary basin of the Mark22 and at the upstream of the Dender (inclusing the Molenbeek-Pachtbosbeek).
Rejections Households have the highest share in the production of DOB, DOC, particles and zinc. The charge in nutrients is mainly due to agriculture. Discharges of households and industry can either be : collected and treated, collected but not treated or self-purified and directly discharged in surface water.
Table 3: Emissions of pollutants per sector in the Dender basin (1997) Households Industry Agriculture Total Immissions Daily charge in the river Debit (m³/d) 39485 17740 n.d. 57225 n.d. n.d. DOB (kg/d) 15719 3144 n.d. 18493 12097 n.d. DOC (kg/d) 32765 9124 n.d. 41889 31764 43358 Particles 19283 1015 n.d. 20298 16256 n.d. (MES) (kg/d) N (kg/d) 3495 380 15668 19543 5640 14414 P (kg/d) 629 177 2570 3376 835 1166 Zinc (kg/d) 10.6 3.9 n.d. 14.5 n.d. -
Now we consider immissions, i.e. the part of the emissions of pollutants that is effectively found in the surface water at the end of the process. The daily charge in the Dender is 43358 kg DOC, 14414 kg N and 1166 kg P. We observe that, compared with the figures of table 2 that at least 27% of immissions of DOC, 61% of N and 28% of P cannot be attributed to particular groups of users. The impact of diffuse pollution cannot be calculated and other related effects are difficult to consider (degree of dilution, process of decomposition, evaporation, sedimentation and air). Households are responsible of the main part of immissions: 71% of the discharged volume of wastewater (ag. 29% for the industry), but 59% of the total DOC (industry 14%), 22% of the total azote (industry 3% and agriculture 14%) and 47% of the total phosphorus (industry 16% and agriculture 9%). The average levels of pollution in the basin are all above the norms of environment quality defined in Vlarem 2 (37046 kg/day of DOC against a standard of 29706 kg/day).
Sewage and purification At the regional level, strong efforts were made to purify water in the last ten years, with the creation of VMM and Aquafin NV. Infrastructure of public purification tends to be developed with well-funded five-year investment programs. In 2000, 50% of wastewater are purified before being discharged in surface water. Until 2010, 210 bio BEF are affected for the whole Flanders to build new sewers, collectors and purification plants that enable to purify all the housings’wastewater. The UE points out the weaknesses of Flanders in terms of purification.
22 However the impact of agriculture in terms of N and P emissions is five less in the Dender basin than in the IJper basin.
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Table 4: Relative part of polluting charge that is purified, 1997 (%) Immissions (%) Not connected to a purification plant Connected to a purification Total plant Households Industry Agriculture Households Industry Wastewater debit 29 16 - 55 100 DOC 64 10 - 18 8 100 N 40 4 36 17 3 100 P 46 17 13 20 4 100
The development of purification in the Dender basin depends on the investment program determined at the regional level. It constitutes a priority for the Flemish Region. Planned projects for the basin have been of 261 since 1991. They consist in building and renovating both purification plants and main sewers. 56 works were executed while 205 are under work or still planned. The rate of connection of households to sewing systems should reach 95% in 2005 against the 85% in 1997 (if the communes invest in sewers). The rate of purification is more modest. It should grow to 85% against 60% in 1997 (if the communes invest in small purification plants). Over the period (1991-2005), 233 mio EUR are invested in the basin. 60.8 mio EUR have already been spent. From the remaining 172.2 mio EUR, 37,8 mio EUR are dedicated to the building up and renewing of purification plants. The average cost of the program is around 1,000 EUR per inhabitant. The main part of the investment is oriented towards sewing. Individual purification will remain the solution for a remaining part of 66,800 inhab. in the basin.
In the Dender basin, purification is made with 5 purification plants (RWZI’s): Geraarsbergen, renewed in 1999, Galmaarden, Ninove, Aalst and Liedekerke. Except Ninove, they, are all equipped with a tertiary treatment, i.e. for nutrient. The annual rate of return (rendement) varies from 80% (Ninove) to 91% (Aalst) for DOC, From 37% (Ninove) to 68% (Aalst) for N and from 34% (Galmaarden) to 67% (Aalst) for P. On the basis of an analysis made by the operator23, we can conclude that none of them really functions. Some are overcharged (Aalst, Ninove), some are undercharged (Galmaarden, Geraarsbergen). In the case of Liedekerke, too few discharges are connected as sewers and collectors are still under work. The purification plants of the Dender basin produced 2159 t of dry sludge in 1997 that are compacted at 43% and burnt at 32%. 7 other purification plants are programmed. No small collective purification system (KWZI’s) already work, but 2 are planned. Also 4 communal KWZI’s are programmed. The objectives of the 1991 European directive on urban waste water have to be met by 5 over 14 build-up areas in the basin since the end of 1998. Concerning the wastewater treatment, the requirements are satisfied only in Galmaarden24.
Households Over the 349485 inhabitants, in 1997, the wastewater of only 322996 are discharged inside the basin. the flux equivalent to 26489 inhab. flows in a neighbouring basin. Households are responsible of the main part of DOB and DOC, particles and zinc. Their part is far more important than the one of the industry. For N and P, their part is still more important than industry, but less than agriculture. 32% of domestic emissions are sewed and purified, but still the major part (49%) are sewed and discharged without a prior treatment. In this case the building of a purification plan is programmed. 9% are sewed without any project of a
23 Aquafin, 1998, Jaarverslagen 1997 exploitatie van de RWZI’s Aalst, Galmaarden, Geraardsbergen en Ninove. Mentioned in VMM, 2000, Algemeen Waterkwaliteitsplan Dender. 24 AWP 2 Dender of the VMM, p. 37.
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Table 5: Types of collect of households’ emissions in the Dender basin (1997) Households Sewing and Only sewing, Only sewing, direct Total purification purification no discharge expected purification
DOC 10391 16020 2049 4306 32766 N 1105 1704 227 458 3494 P 199 299 42 88 628
Industries The sources of industrial emissions are not known in all details. The control of emissions is made only for major polluters. Industrial emissions are calculated by the Flemish authority (VMM) on the basis of the industries that have an environmental permit, i.e. the most polluting ones (P-bedrijven and smaller polluting industries). The sampling is composed of 49 industries and the total discharge represents 47759 m³/d in 1997. The emission standards are determined by Vlarem I and II. In Flanders, industries can be connected via the sewing system to public purification plants. The industries that are not connected are supposed to purify their wastewater themselves. It is the case for 19 over 49 authorised industries. Especially the biggest pollutants are encouraged to purify themselves. In the last years, the tendency is to progressively disconnect these industries from the public purification network, for technical facilities. In 1997, an important part of industrial emissions flow into a public purification plant.
Agriculture The concern with agriculture is mainly related to diffuse pollution, thus hard to assess. The production of mest (lisier) by the animals is added up to the spreading of chemical fertilisers. The total production of mest in the basin is estimated to 15668 kg/day of N and 2570 kg of P, but the total amount of nutrients spread on the land is 27960 kg N and 7338 kg P. According to the Mestactieplan, mest is imported in the Dender basin from other parts of the Flemish region. The share of agriculture in the total emissions represents 80% for the total N and 76% for the total P. However this amount of nutrient is not directly found in water, be it surface or groundwater. A model (SENTWA) states that the return of the spread of nutrients is around 81% for the DOC, 53% for N and 54% for P.
Table 6: Rate of return of nutrient spreading in agriculture (1997) Influent (kg/day) Effluent (kg/day) Return (%) DOC 43836 8170 81 N 2310 1083 53 P 427 197 54 Source: VMM
All in all significant efforts have still to be done in the field of purification. All major sources of pollution, including diffuse pollution due to intensive agricultural practises, are currently identified and measured. The relatively low efficacy of the new purification plants on the global quality of the rivers put the model of the water policy into question. For the different uses, a diminution of discharges is demanded by the VMM. The effects would result from
D. AUBIN - F. VARONE - EUWARENESS 24 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM political action. The importance of this good and service is undoubtedly growing through the period, particularly since 1990.
2.1.6 Support
Three kind of uses are locally linked with this good & service: navigation, gravel extraction and fishing. Gravel extraction is not present in the Dender basin.
Navigation Navigation encompasses inland navigation and pleasure boating (recreation). The Dender is a navigable river all along its course, at least in the Flemish part. In the past, the connection linked Aalst to the Walloon Canal du Centre and the mine basin around Mons (Bergen), through the Canal Ath-Blaton. Nowodays inland navigation on the Dender sharply declined. In past times navigation was used by the local industries, particularly the mills located in Geraardsbergen and in Wallonia. These activities stopped.
Table 7: Carried freight on the Dender, gate of Dendermonde, 1970-1999 (in tons) Year Incoming Leaving Total 1970 699’172 174’726 873’898 1975 549’009 72’971 621’980 1980 491’178 52’156 543’334 1985 403’572 46’284 449’856 1990 318’020 73’851 391’871 1995 490’965 27’520 518’485 1999 457’059 24’208 481’267 Source: AWZ, Afdeling Bovenschelde, 2000
Table 8: Carried freight on the Dender, gate of Geraardsbergen, 1970-1999 (in tons) Year Incoming Leaving Total 1970 0 0 0 1975 9933 87792 97725 1980 5628 16876 22504 1985 500 7752 8252 1990 250 8302 8552 1995 0 3844 3844 1999 0 0 0 Source: AWZ, Afdeling Bovenschelde, 2000
The Dender is classified, according to the European standards, in class IV (boats of 1350 t) from the schelde to the gate of Denderbelle (four km from the Schelde), in class II (boats of 600 t) until Aalst and the remaining part in class I (boats of 300 t). Nowadays, the main inland navigation occurs until Aalst. Above it, the river has not even more been cleaned out for ten years. It is commonly used by pleasure boats, an activity that is developing.
At the same time, leisure navigation has developed. Motorboats regularly use the eight gates of the Flemish part of the Dender in summertime. The Dender, with its beautiful landscapes,
D. AUBIN - F. VARONE - EUWARENESS 25 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM presents a real tourist interest. The presence of 25 gates and bridge until Blaton could discourage some boatmen. We notice the navigation of yachts and leisure boats that bring tourists on the river for a one-day trip. This is a new use of the river, that involves not many investments in the infrastructure. The increasing leisure navigation is due to the running of the gates and bridges on week ends. Before Belgium allowed no navigation on Sundays. The change has occurred in Flanders and Wallonia for ten years. Now the gates work on Sunday from 1st May to 30th September. The traffic growth is justified by the fact that more people own a boat and mainly by an crowd of boats from Holland. These people come for holidays and go sometimes to France. The interest for Belgium is rising through Dutch navigators and local boat rentals. However navigation rose more on the Dender than on the other Flemish navigable rivers. On the Dender, pleasure navigation rose four times between 1997 and 2001.
Table 9: Leisure navigation on the Dender, 1997-1999 (number of boats) 1997 1998 1999 2000 2001 % rise (2000-2001) Geraardsbergen 164 411 358 529 611 +15.5 Aalst 227 315379 473 759 +60.4 Dendermonde 292 453 410 493 735 +49.1 Total per year 683 1179 1147 1495 2105 +40.8 Source: AWZ, Afdeling Bovenschelde, 2000
Fishing There are no aquaculture and professional fishing in the Dender basin. Fishing activities in the Dender basin are only recreational ones. They are located along the Mark, the Oude Dender (Geraardsbergen), the Molenbeek Erpe-Mere (zone 432) and the Dender. It is a renewal of fishing activities along the rivers, as the water quality is improving.
Before 1950, the Dender and its tributaries hosted an abundant population of fishes. Species were numerous and the natural banks constituted zones of spawning (zones de frai). After 1960, water quality knew a sharp decline. The number of species diminished (blankvoorn, karper, snoek, zeelt and brasem). After 1979, fish had totally disappeared. For some years now, fish population are reappearing. Fishing activities are now mostly concentrated along the banks of the Dender between Aalst and Geraardsbergen.
The recovery of fishing activities could generate conflicts with the other recreation activities in a near future. This type of conflict could particularly emerge on towpaths (walking and cycling) build on the banks of the Dender.
2.1.7 Recreation
Recreation is not originally not the central water function in the Dender basin, but it is developing in the last years. Except fishing, other recreation activities are developing. In 2001, it exist 47.5 km of asphalted towpaths (chemins de halage) dedicated to walking and cycling. Activities of green tourism should develop thanks to this development of infrastructure.
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Leisure navigation also tends to develop (for data on motor navigation, see 2.1.6). Four local yachtclubs are active in the basin (Geraardsbergen, Ninove, Onkerzele and Aalst). Pontoons are installed in Ninove (Vlaamse Vereniging van Waterspoort). A marina also exists in Onkerzele (‘t Schipken). Except classic yachting, no other water sport is allowed in the basin, be it canoeing, waterskiing or even swimming.
In the basin, it exists also centres of leisure where ponds allow swimming and water activities: the swimming pool Olympos in Dendermonde and ‘De Gavers’ in Geraarsbergen.
Recreation is yet expected to develop in the basin.
2.1.8 Medical uses
No medical uses are identified in the basin.
2.1.9 Protection
The water regime of the basin (rainfall regime) coupled with specific demands of uses in past (agriculture and navigation) led to severe fittings not only of the river Dender (rectifications), but of the whole basin (drainage canals). Nowadays the fight against flooding is much worrying, in the conditions of climate change. In Belgium rainfalls tend to become more violent, even is less frequent. Such conditions provoke quick rises in the water debit.
Geomorphologic changes Geomorphologic changes are in general the witnesses of past water policy. In the Dender basin they consisted both to develop the intensiveness of agriculture and trade navigation. First, the development of agriculture needed dry fields. This led to the digging of tiny and deep canals along the fields that are able to drain water from the surface of the field. This water is discharged in rivers. The capacity of retention of the land is limited as such. Works of drainage along the Dender were conducted by the wateringues at a time when the Dender was a tidal river, i.e. before the building of the gate of Dendermonde. Second, navigation led to severe rectifications (rechttrekken) of the river Dender, cutting each meander. Concrete banks were build more or less all along the Dender between the 1950s and the early 1980s. The main argument that justified these public works was navigation, but it was not the single goal. In fact, the banks of non-navigable rivers were also put into concrete. The objective in such occurence was to accelerate the flow of drainage, in the period of the regrouping of fields (landinrichtingen). Navigation also commanded the building of gates. We find eight gates all along to Flemish part of the Dender, the biggest one being in Dendermonde, that cut the Dender flow from the tidal Scheldt. The cleaning out of the river coupled with works of rectification accelerates the river flow and leads to flooding downstream.
The rectification of the rivers seems now to be outdated. The last event of this kind occurred at the end of the 1970s, with the concreting of the last four kilometer of the Mark. Concerning the cleaning out, as there no more needs in navigation, the pressure is falling. Authorities tend to avoid to clean out. As the mud is contaminated with heavy metals and chemicals, it is costly to retreat it (to burn it). The mud extracted from the Dender is commonly classified as hazardous waste of the 1st or 2nd category. Thus they need a special treatment25.
25 E.g. a rate of 2% of cadmium has been measured as the standard defined in Vlarem 2 is 0.01%.
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Water Floods Water flood is certainly one of the main concerns of the Flemish administration and of local representatives. The phenomenon is not only due to artificial factors. The rainfall regime of the Dender is worsened by natural conditions. The Dender is enclosed in steep basins. In parallel to the specific needs of agriculture and navigation (concreting of the banks and cleaning out) are added to the fact that with the urbanisation and industrialisation more and more surface is waterproof, a situation that prevent a retention of water in excess. Furthermore, when the tide of the Schelde is high, water in excess in the Dender cannot evacuate.
Floods generally occur in the same place and on a frequent way over the last ten years. Floods are observed in 1993, 1994, 1995, 1998 and 1999.
In the frame of the Flemish Environmental Plan 1997-2001 (Vlaams Milieubeleidsplan), AMINAL and the KUL made a map of areas of flooding in Flanders26. The relevant areas are divided in four types, according to the causes of flooding: • flooding from the watercourse: alluvium • streaming (running) down from upper lands: colluvium • combined forms: alluvium + colluvium • Built areas for which no groundmapping is available
Thus the zones of flooding are identified. Floods are concerning quite every part of the basin: the centre of Galmaarden, Zandbergen, Ternat, Gijzegem, Lebbeke, St-Gillis-Dendermonde, and Denderbelle. In December 1999, quite all the communes located along the Dender were affected, and since then the upper communes of the basin (Geraardsbergen). Six areas play the role of buffer zones. The polder located at the downstream of the basin receives water (artificial basin that protects Dendermonde) when the flow of the Dender is at a peak. Experiments of retention zones upstream are also conducted: Bellebeek, Molenbeek- Terkleppebeek, Molenbeek-Erpe Mere.
The sensitive areas in the Dender basin are known and identified. Numerous measures have already been taken. In some areas, along the Dender, the AWZ builds or reinforces some dikes in order to protect houses and to canalise the flow of water to the fields.
2.1.10 Strategic reserves
We can considerate the tributary basin of the Mark as a strategic reserves. In the coming years the Mark could become a centre of drinking water production, if the Flemish Region pursues its policy of water independence from Wallonia.
26 The definitive version was edited in the end of 2000.
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2.2 Synthesis of the uses in the Vesdre basin
Map 2: Synthesis of the spatial repartition of uses in the Dender basin
Source: VMM, AMINAL
The map present a synthesis of the different uses met in the basin. First we find the urban areas, where the population density is the highest. We also identify industries and main agricultural areas. The polder and wateringues are represented, as the main natural protected areas. Finally, we represent the purification plants and the main sewers.
As a synthesis we stress an evolution of the various uses through the studied period. We also localise the uses in order to assess the potential rivalries depicted from their spatial repartition.
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Figure 3: Ponderation and evolution of local uses in the Dender basin (1980-2001)
Evolution of uses G&S 1980-2000 Coming years Living environment Dominant use Drinking water Production Dominant uses Industry Drainage
Energy Absorption Dominant use Support
Recreation Dominant use ? Medical use Protection Dominant use
Strategic reserves
As we see in figure 3, the dominant uses are living environment, production, absorption and protection. They cannot be considered on the same way as some are developing while some others are declining. Fall apart, protection is a rising concern. As rainfalls are intensifying in the Northwestern Europe and due to the characteristics of the basin, more and more water flows into the Dender. Water floods concern every part of the basin and solutions are hard to put in place.
The rising concerns in the basin correspond to a logic of economic development, linked with land-use planning. A lot is done to develop a tourist interest for the Dender basin. Some measures are taken that also benefit to the local population and to their quality of life. First, an important purification program should improve the quality of surface water. Second, a policy of land purchase develops the natural areas. Natural reserves are managed under the property of associations of nature conservation (private actors). Third, infrastructures are developed in favor of recreation activities (towpaths, pontoons, marinas, etc.). The coupling of infrastructure with water quality would enhance the recognition of the beautiful landscape and nature of the basin.
The absence of drinking water production is determinant in the assessment of water management in the basin. In such a situation, the question of the quality of water is far less important. Although we find a concern for a good water quality as in every place in Belgium, no strong conflict around this topic can emerge. Also the pressure on purification and diffuse pollution (e.g. manure disposal) are far less consequent. First, no one intends to produce drinking water from groundwater, Second, the remaining project to produce drinking water from the Mark river could have been delayed in favor of the two former water uses. Thus, the decision to build a drinking water production plant may generate huge conflicts between the heterogeneous groups of water users, be they farmers, nature lovers or emitters of wastewater.
However the function of production and support are not marginalised. These uses will continue to be developed, but on a localised way. The logic of development of the basin
D. AUBIN - F. VARONE - EUWARENESS 30 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM divides it in two part, with an axis put on the town of Aalst. Downstream to Aalst, the river Dender remains dedicated to industry and economic development. Commercial navigation is encouraged. Downstream Aalst, where commercial boats can no longer penetrate, room is given to recreation activities.
All these uses are not widespread on the basin. Some are very localised. If we have a look at the map we observe that housing is mainly concentrated in the North part of the basin (at the North of a line that crosses Denderleeuw). Except two zones in Ninove and Geraardsbergen, industry is concentrated in the same area. By constrast, farming activities are localized in the interspaces, so that mainly in the South part of the basin, and particularly in the tributary basin of the Mark. Surprisingly, the purification plants are not concentrated in the more dense areas. However, the two huge purification plants of Aalst and Denderleeuw are linked to very long networks of main sewers. The majority of the planned purification plants are located around the commune of Herzele, i.e. once again in areas with a low density of population. Finally, the sites with the most interesting biological quality or potential are located all along the river Dender from the linguistic border to Aalst. Excluding the woods of Brakel (Terkleppebeek) and the valley of the Mark, the main interesting areas are located on territories placed under the competence of wateringues (and two polders). Many places are some kind of wetlands (waterrijkegebieden). Fields are purchased parcel after parcel by two kinds of actors, the regional administration (AMINAL afdeling Natuur) on the one hand, and associations of nature conservation (in most cases De Wielewaal and Natuurreservaten) with public subsidies. Farmers are not explicitly engaged in nature development.
As the basin is divided in two parts for the development of activities, and as the activities that require the best water quality are located upstream, there should be no strong conflicts between heterogeneous users. Rivalries are then concentrated around agriculture. First, the interests of the farmers should not correspond to those of nature conservators. Second, the need to prevent water floods in towns could contradict the interests of the wateringues as these organisations drain the fields. Third, the building of a drinking water purification plant should enhance constraints on farmers in the Mark valley. Four, the presence of industry in the middle of housings generate a strong pressure on water quality, a situation that could lead to claims from the population. Finally, the collection of wastewater in the rural areas with huge networks may lead to dissatisfactions.
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IV. Identifying attempts towards integration: intra-cases
During our study of the basin, we identified a series of rivalries between water uses. The rivalries around the quality of water are lowered by the fact that no drinking water is made inside the basin. All drinking water is imported, mainly from the wells of the Brussels’ water company in Wallonia. The remaining part comes from ponds in the North of Flanders. The four rivalries presented here are essentially concentrated on two rising uses: a rising concern of a living environment on the one hand and an enhanced risk of water floods.
Figure 4: Cases of rivalries in the Dender basin over 1980-2001
Living Purification environment policy IC3 Expropriation of fields IC1 Absorption Drinking water Nitrates Production IC4 Strategic (agriculture) reserves
Recreation
Buffer zones for flooding Protection IC2 Energy Support
4.1 Agriculture v. natural reserves (IC1)
In the Dender basin, we assist to a modification of the structure of the economy. The relative importance of economy and agriculture diminishes. The concern for tourism is increasing, particularly between Aalst and the linguistic border.
The Flemish Region conducts a policy of modification of land use. Natural reserves substitute to fields. This use is modified by changes in the ownership structure of land. The priority for the acquisition is wetlands, because they have a high biological interest. Wetlands are mainly located along the Dender, and traditionally drained lands.
Land ownership is acquired with regional subsidies, either by public administrations (AMINAL afdeling Natuur) or by private environmental associations (e.g. Natuurreservaten vzw).
Schedule: 1973. Law on the preservation of nature 1979. European directive on wild birds
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1992. Modification of the subsidies from the Region 1992. Habitats directive 1997. Regional decree about nature preservation 1999. New modification of the subsidies
Geographic localisation: Every part of the basin, mainly the south-east area, where farming activities are concentrated. Still a current concern, that began in the 1990s.
Origin of the problem: Regional recognition of the necessity to protect certain natural areas. Possibility of expropriation for the purpose of nature conservation. Political will to create corridors of nature. The situation has not generated a high degree of conflict.
Characteristics of the Region. High density of the population and full use of the territory for human activities. Absence of wild areas. Political will to create corridors of nature, in particular for the preservation of migrant bird species. Answer to an European pressure and a higher awareness of the population.
Modification of land use and of practises of land-use planning. The will to reconsider the systematic drainage of wetlands enters in opposition with secular agricultural uses (wateringues). The regional executive incites the modification of land ownership. The degree of change grows in parallel with the amount of subsidies. In most cases, subsidies represents 60-85% of the value of exchange. The policy of acquisition of land is eased by classification of the former fields as natural areas in the land-use plans.
Fear of the agricultural sector to loose its social importance. Limitation of manure spreading in natural areas by the mestdecreet.
Actors involved : - Flemish regional administration: AMINAL, afdeling Natuur supervises the policy. It is also responsible of the classification of natural areas and conducts its own acquisition in lands of particular interest. - Environmentalists (De Wielewaal vzw, Natuurreservaten vzw). These private associations are build on networks of voluntary people. The acquisitions are driven by the voluntaries on a very local basis. They acts under the supervision of employees of the associations. - Farmer associations. They traditionally oppose to this policy of acquisition, but their influence on farmers, on this aspect, is contrasted. Individual farmers are keen on selling parts of their land, the least profitable ones, to the associations. - Polders and wateringues. Traditionally set up to drain water from the field, they seem to progressively adapt to more ecological aspects, with some difficulties however.
Mechanism for problem solving : Development of a change in uses more easy to realise in front of a declining agricultural sector. Farming activities cease by themselves because of the ageing of the farmers.
Purchase of the land parcel after parcel. Conflict with farmers is avoided by an absence of confrontation from the administration and by reasoned purchasing practises in the chief of the associations. Purchase is directly arranged with individual people, the private landowners.
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The main difficulty in the purchase is when the use right on the land has been sold to a farmer. Then the farmer has to give his consent to the sale.
The purchase is build on the existing classification of land made on the regional land-use plan, developed in the 1970s. It developed in the 1990s under the pressure of the Habitats directive. Associations put more pressure on the farmers in areas classified as natural areas than in agricultural areas. They present their project to the regional administration that approves them a priori. Purchase are planned on long term and systematised in areas of biological interest.
Priority on the purchasing. When a farmer has a use right on the coveted land, he keeps the priority for the purchase. The associations do not benefit of priority in the purchasing, except for the land that they already rent and that is classified in natural areas. Only the regional executive can have the priority in areas that are simultaneously classified in Habitats areas and natural areas. In natural areas, if land is sold to a tier when the associations were interested, the government can use its right of pre-emption. The association do not become owner, but manages the field if this one is located in its area of influence. The motives is the rationality of the management of the natural areas.
In most cases, the associations buy fields. Around the case of the reserve of Moenebroek (south part of the basin), the volunteers of the Natuurreservaten have an agreement with the farmers. The Natuurreservaten do not buy the parcel that interest the farmers the most but they avoid concessions inside the zone which is less profitable for the farmers. The farmer accept the modus vivendi. In fact, inside the area, they do not meet difficulties as the farmers successively retire and then have an interest to sell the land. Also the high prices that farmers are able to propose for certain fields limit the competition.
The other aspect of the compromise is the signing of management contracts on land owned by the associations. In meadows, contracts are concluded with the farmers before the purchase of fields, in order to convince them to the sale. For instance, the Natuurreservaten propose to the farmers to put cows in the meadows for free. Nevertheless the use is conditioned: limited number of cows (2 cows/ha) in a limited period of time (from March to October). The farmer unions do not appreciate but individual farmers appreciate the cooperation. Moreover they influenced the decision of subsidisation in order to limit subsidies in the case that the purchase concerns fields classified as agricultural areas.
Finally, the conflicting relation between the preservation of wetlands and drainage is moderated. The associations modify the structure of the acquired land only at the margins. They do not fill in the draining pits. In the future, tensions could appear with the wateringues. For instance, with the sparing basin (bassin d’épargne) of the Denderbellebroek, the Natuurreservaten have not the capacity to change its management (conducted by the polder). For the moment, the associations pay contributions to the polders and wateringues when their land islocated inside the territory of these authorities, but they have not much to say in the management of the territory. In some areas the situation could change in the future as they will own the majority of the parcels inside the wateringue.
Critical factors of success: The rivalry between the environmentalists and the farmers is (temporarily?) avoided with the distribution of benefits to the farmers. The associations equally avoid competition with the farmers on the most profitable fields (mainly dry fields). Land is acquired parcel after parcel
D. AUBIN - F. VARONE - EUWARENESS 34 10/03/03 - 13:03 EUWARENESS Case Study Report 2: Dender river basin BELGIUM in a very progressive but planned way. Thus the acquisition occur in areas of poor interest for the farmers. The rivalry is solved by a divide of the territory between the two uses, at the benefit however of the farmers.
Influence of property rights and public policy: The property rights are central in the conduct of the redistribution between two uses. The public policies play no role.
4.2 Polders and wateringues v. flooding (IC2)
The present case is articuled around an initial contradiction between the draining activities of the farmers and a controlled flooding of their fields. In reality, we observe that the relationship is not so conflictual. The rivalries is overcome by several regulations. Before 1997, water floods are not framed by the law.
Schedule: 1933: Building of the sparing basin in the polder of Beneden Dender (Denderbellebroek, 170ha). Protection of the town of Dendermonde against floods. 1950, (as of). Rectification of the river Dender with its banks put into concrete 1956-57. Laws on the polders and wateringues 1967. Law on the management of non-navigable rivers 1974. Severe floods. Making of the SYGMA Plan, limited to the tidal rivers (Dender not concerned) 1978, 25th November. Inauguration of the new mouth of the Dender. Dendermonde is rid of the problems of flood and the Dender is no more influenced by tides. 1980. Partial regionalisation of the water policy 1990. Regionalisation of the Hydraulic 1993. Floods 1995. Floods 1996: Decree on the management of dikes 1999, end December. Floods. 500 houses are flooded in the district of Geraardsbergen
Geographic localisation: All along the Dender. Concern also the tributaries of the Dender and implies their managing authorities
Origin of the problem: Political will to create buffer zones against flooding. Inadequacy with the works of drainage put in place by the farmer for centuries. Still a current rivalry that doesn’t seem to generate conflicts.
Importance of the characteristics of the river Dender. The flow is influenced by rainfalls and by the tides of the river Scheldt. During high tides, the water flow of the Dender cannot be evacuated. The coming water from Wallonia also play a crucial role in the quantitative water management inside the Flemish part of the Dender basin. The problems of floods in the basin has increased for 10 years. The number of areas concerned is increasing mainly at the upstream of the basin (Ninove and Geraarsbergen): - Rising rainfalls - Rising influx from Wallonia
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- Rising size of the sewage system and growing waterproofing of the surfaces Water floods often in the same areas, with a growing frequency (1993, 1994, 1995, 1998, 1999).
The competent authority (AWZ) has much difficulty to manage water floods in the town of Geraardsbergen, near the linguistic border as upstream the Dender is located in Wallonia and the AWZ has no competence there. Walloon authorities feel not concerned by the problem. Water comes faster and faster upstream and cannot be evacuated downstream (tides). The Walloons modernised their gates and dams without taking the Flemish problem into account. Before the regionalisation, their was a project to build a sparing basin in Deux-Acren, in Wallonia, upstream to Geraardsbergen. A single division of the Ministry of Public Works managed the whole river. This project has not been finalised.
In the basin exist six sparing basins. Some are installed along the non-navigable tributaries of the Dender, but the biggest in the Denderbellebroek (80ha) located near the mouth of the Dender, on the territory of the polder. When the basin was build, in 1933, the State gave no compensation to the neighbours. Nowadays, the AWZ determines the moment when the basin is flooded, but the resulting pumping of the incoming water is under the responsibility of the polder. It is an employee of the polder that makes the pump work. The fields inside the sparing basin are dried in three days. It induces not much disturbance to the farmers. Floods occur mainly in wintertime when the cattle is not on the affected meadows. Farmers receive no compensations and the basin never generated any conflict. The priority of the AWZ is to protect the houses, not the fields. AWZ builds dikes to protect the houses and canalise the flow of water to the fields.
Necessity to diminish the influx of water into the river Dender and to facilitate the evacuation into the Scheldt.
Actors involved : - AWZ, afdeling Boven Schelde. Division of the regional minister of the infrastructure. In charge with navigation and quantitative water management of the navigable rivers. It has also a more general competence of management of the navigable rivers, except the quality aspects - AMINAL afdeling Water. Division of the same department as AWZ but not many relationships between the two administrations. The afdeling water is in charge of the management of non-navigable rivers of 1st cat. and has a partial competency on water quality and water protection. Is is placed under the authority of the minister of the Environment while the AWZ is under the authority of the minister of Public Works. - Polder van de Beneden Schelde. Public administration in charge of drainage and river management on a given territory - Ministère de l’Equipement et des Transports. Walloon ministry of Public Works, in charge of quantitative water management on the Walloon part of the Dender - Communes - Wateringues: same type of organisation as the polder
Mechanism for problem solving: We observe no conflicting situations between the actors. The (often technical) solutions are imposed or negociated.
Technical answers brought to the problem:
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- No possibility to build a new sparing basin. This would require expropriations. There is no real need either as many fields receive water without intervention and minimise the floods. - Build of small sparing basin on tributaries but without much connection with the authority that manages the main river. - No coordination between the manager of the sewing/purification system and the manager of the river - Building of dikes to protect the houses. - The Denderbellebroek remains under the supervision of the polder. Good complementarity of the actors. - Project to build a pump of high capacity (30m³/h) at the mouth of the Dender in order to evacuate water during high tides. - Coordination by AMINAL of a map of water floods
Difficulties to coordinate the different managing authorities in the same Region on the one hand and between the two Regions on the other hand. The authority in place at the tail-end is compelled to adopt non-integrated technical solutions. On the other hand, it is impossible to reduce the influx of water coming from Wallonia. Contacts are regular between the managers of both Regions but it does not conduct to concerted actions. The actor in place at the tail- head simply evacuate water from its territory without considering the problems of the actor placed at the tail-end.
Critical factors of success: - Mobilisation of technical solutions - Financial means - No imputation of responsibility to the public authorities for water floods (rainfalls are considered as responsible)
Influence of property rights and public policy: - Easement (servitude) on the land of the polder concerning flooding - Arrangement of the public domain to limit the problem pressure: building of dikes - Separation of the public domain between the two Regions that hamper a resolution of the problem - Policy of expropriation for the purpose of dike management and making of sparing basins - Absence of a public policy that favours a retention of water on private land upstream (limited action of the compulsory rainwater tanks) - Unsuitability of both the policy of (great scale) purification and the 1967 law on the management of non-navigable rivers
Continuous increase of the problem: - Integrated water management that is developed is limited to Flanders when most of the basins are inter-regional and international - No integrated solutions between the actors involved. Basin committees have a role limited to exchange of information - Disagreements and no will of cooperation between the different competent ministers - Risk of problem increase due to works (digging) in the port of Antwerp (external factors)
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4.3 Sewing and purification v. return and efficacy (IC3)
Since 1991, Flanders has conducted a systematic policy of purification of domestic wastewater. This policy is guided by the conformation to the requirements to the 1991 wastewater directive. The Region decided on the design of the policy very quickly, with the single objective to purify the wastewater of 75% of the housings (29% in 1990). The infrastructure is standardised. The system gives good results in urban areas, but is more questionable in rural areas. There the wastewater is too diluted by incoming rainwater and the sewer are too long, a situation that creates a process of self-purification with the deposit of sludge in the sewers. However, the policy of purification produces results on the quality of surface water at the regional scale27.
The particular problems of the purification system in rural areas are present in the district of purification of Geraardsbergen. There, a purification plant of a great capacity collects water from all the surrounding villages linked by pipes that can reach a length of 20km.
Schedule: 1971. Law on the protection of surface water. Creation of basin agencies 1974. Law of pre-regionalisation 1981. Creation de la VWZ, in charge of the purification of the whole region, except for the basin of the Coast. 1991. Directive on Urban wastewater 1991. Creation of the VMM and Aquafin 1995. Building of the new purification plan of Geraardsbergen. Cost: 124 mio BEF. 1999, 22nd October. Expected date for the delivery of the new purification plan of Geraardsbergen28.
Geographic localisation : Overal inside the basin. In the less densely populated purification districts. The purification district is in the South of Geraarsbergen
Origin of the problem: The purification plants are not efficient and don’t play a major role in the improvement of surface water quality. unsolved rivalry that mobilises regional political élites as the ecologists participate to the regional executive coalition.
The Aquafin system. Aquafin builds purification plants of a high capacity and link the surroundings to it. Flanders is considered as a big agglomeration. In order to constitute areas of 10000 inhabitants/equivalent, VMM decided to link 2-8 small villages. The size of the purification district is consequent: +/-100km². The sewers are disseminated in the perimeter. They collect mainly rainwater from the communal sewing systems, but also water from ditches (fossés). In the district of Geraardsbergen, around 100km of pipes are in place. The flow in long sewers is low and the residues present in the water create deposits of sludge. Water is very diluted (17mg/l BOD in some places according to DAK). The water that comes to the purification plants is already clean.
27 « De inspanningen van VMM worden stilaan beloond. De kwaliteit van onze waterlopen verbetert, traag maar gestaag. Toch hebben we nog heel wat werk voor de boeg... », in VMM, 2001, « Activiteiten verslag 2000 », De Verrekijker, p. 4 28 Source : VMM web site : www.vmm.be.
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Overflows. All along the sewers, overflows are installed, at least one per kilometer. In case of important rainfalls, they allow a direct discharge of water in excess in the rivers. The problem is that the sludge in the sewers is washed by the high flow and its discharge before purification in rivers, provokes local problems of water quality. According to Aquafin, 6-7 overflows occur per year. According to the environmentalists, their occur 12 times per year. Furthermore, the building of an overflow is expensive.
The purification system of the district of Geraardsbergen is expensive. The total investment reaches 233mio EUR, of which 37.8mio EUR for the purification plants, over the period 1991-2005. 60.8mio are already spent, 172.2mio EUR remain to be invested29. However, all the district is not linked to the purification system.
The purification plant of Geraarsbergen does not give good results. It has a capacity of 30'000 inhabitants equivalent. In order to work properly, the plant should receive at least water with a BOD of 100mg/l and actually it does not exceed 68mg/l. According to the DAK, the conception of the purification policy is responsible of such bad results. The purification plants are well designed but they have no wastewater to purify. VMM and Aquafin accuse the communes to be liable of these results. They pretend that they do not accept to invest in separated sewing systems.
The competence on purification is not well defined. According to the law, Aquafin implements a policy that it does not design. Every decision of works is approved by a three- headed committee composed of AMINAL, VMM and Aquafin. In this context the only liability of Aquafin is to execute works in due time and to respect the norms of emissions in surface water defined for purification plants (less than 25mg/l BOD according to Vlarem2).
As an opposition, the DAK organises spectacular actions and do some observations on the purification system. For the bio-rotor of Sint-Maria Lierde, the water has a BOD of 25mg/l for the immission and 17mg/l for the emission30. During an action in a dry period, they took a sample in a collector with a BOD of 108mg/l. It also organises press meetings that denounce the ‘policy of VMM-Aquafin’. In theory, Aquafin should purify water only as of 100mg/l BOD. In Practice, water is in many occurrence too clean to be purified.
Actors involved: - Denderaktiekomittee (DAK). The DAK constitutes a group of local citizens involved in various local associations. It activities began in the 1980s in order to protect against the important pollution of surface water in the basin. Its actions were a success. The basin of the Dender has been a priority area. At the beginning of the 1990s it thought it could stop its activities but realised that the policy implemented by Aquafin did not produce the expected effects on the quality of the rivers. Since then the DAK denounces the regional purification policy at the local and regional levels. - NV Aquafin. Aquafin is a public/private partnership in charge to implement the Flemish purification policy. Aquafin realises the investment program defined by the VMM. In fact, it builds, owns and operates the purification plans and the collection systems. Its activities are financed by the Region (Mina-fonds). The annual investment is around 150mio EUR per year. The staff is mainly composed of civil engineers. Aquafin has a monopole on the
29 VMM, 2000, AWP2, TW, p. 47 30 Source VMM cited by a member of the DAK.
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purification sector. It distributes a guaranteed income of 7-8% of the invested capital to the shareholders. - VMM is a public company. It defines the policy of water quality and monitors the quality of water. It also controls industrial emissions and collects the fees on discharges. The purification policy is conducted by the tandem VMM/Aquafin, but the expertise is provided by Aquafin, a situation that gives a favourable position in the negotiations on investments. - AMINAL afdeling water is the regional water administration. It has no competence on the quality of surface water, except the design of legislative proposals. It has a seat in the three-headed commission that decides on investments (technical plans) and supervises Aquafin’s activities. - Communes. They have the competence to build and operate the local sewing systems.
Mechanism for problem solving:
An integrated water policy and more responsabilities for the communes. Modifying the rationale of the policy.
Difficulties to solve the problem: - Aquafin rejects the responsibility of the dysfunction of the purification system. It specifies that it only implements investment programs that are defined by the VMM and that the dilution of incoming water is due to a lack of investments in communal sewing systems. - The management contracts that ties Aquafin to the Region offers high guarantees but no obligations of result to Aquafin. The notice of termination is of 20 years. The income of Aquafin is guaranteed and its obligation of results are limited to the quality of the emissions. The regional government decided to give notice of termination last year. It negotiates a new contract with Aquafin.
The question of purification is considered at the regional level. The local participation is very weak. The other water users are only informed of the planned investments of Aquafin. This weakness in participation is coupled with a weak interest of the population about the efficacy of the purification system. Even the environmentalists, except the DAK of course, do not feel concerned. They focus more on biodiversity and bird species without seeing the link with a good purification of water.
No solution is brought to the problem of the overflows. This problems denounced by the DAK is not accepted by the other actors of the sector.
Discussion on the small scale purification. The DAK promotes a particular biological system of purification for the rural areas. Aquafin is not competent for project of a capacity of less than 500 inhabitants equivalent. But the communes do not receive enough subsidies to realise such project and, in fact, generally prefer that Aquafin takes the question of purification in charge for free. The competency of Aquafin could be extended to these areas.
Necessity to separate wastewater from rainwater. The double sewing system is promoted by all the actors. However the realisation of a system of full separation is impossible. It is hampered by the limited intervention of the State on private places according to the rules of private property. Thus the separation system promoted by the VMM only isolate rainwater that fall on the streets and public places. Its efficacy against dilution would be limited. Works are subsidised at 75% and placed under the responsibility of the communes.
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Critical factors of success (remain to put in place): - Systematic measurement of the efficacy of the purification plants - Processing of the need in purification on a case-by-case basis - Clarification of the respective competencies of the actors and mechanisms of mutual control - Enlargement of the competence of the communes for areas less than 2000 inhab. eq. - Improvement of mechanisms of concertation about purification. Concern for the needs of the other water users
Influence of property rights and public policy: - Solution brought by a public policy - High pressure on the change of the policy rationale that clashes with the (financial) interests of the actors in place
4.4 Agriculture v. drinking water(IC4)
No drinking water is produced inside the basin. In the past the project of a drinking water treatment plant has been developed, but abandoned in the end of the 1980s mainly reasons of costs. By the way, this (non-) decision concerning drinking water production limits the scope of the rivalries that could arise inside the basin, in particular the problem of a pollution of surface water by the nutrients spread by farming activities. The originality of the intra-case is given by the fact that the resolving of the (potential) rivalries in the basin occurs with an abandonment of a former project, however not as a result of a conflict with the other local users.
Schedule: 1969. Increase of the production of drinking water advised by the commission on the water problems 1984. Policy of hydrical independence (minister Lensens) 1987, 21st October. Flemish application decree. Classification of the Mark as a river intended for the abstraction of drinking water 1992. Programming of the purification of Galmaarden 1998, 8th December. Flemish application decree. Confirms the classification of the Mark as a river intended for the abstraction of drinking water.
Geographic localisation: Question focussed on the tributary basin of the Mark. The treatment plant ought to be located at the mouth of the Wijze Beek, at the downstream of the Mark, just before the linguistic border. In fact, the whole tributary Mark basin is affected, even the upstream part also located in Wallonia.
Origin of the problem: For the moment, the major part of the drinking water distributed in the basin comes from Wallonia. There is no local production. Even water produced in Flanders is transported on very long distances. The policy of hydric independence does not concern the Dender basin.
Project to build of drinking water treatment plant on the river Mark. The project is developed as a consequence of the conclusions in 1969 of the Royal Commission on the water problems:
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“Flandre orientale. Un déficit est à prévoir en 1980. Il convient d’étudier toutes les possibilités des nappes souterraines de la province et de les exploiter à fond. Il faut employer les eaux de surface disponibles, utiliser à pleins les possibilités des adducteurs existants et en créer de nouveaux dans la mesure où cette solution s’avèrerait rentable”31. The treatment plant was planned downstream the Mark, just before the linguistic border. the project foresaw a drinking water production of 20000 m³/day. It involved the building of a huge water reservoir of 5mio m³. Nowadays, the project would have an over capacity of production.
Major implications of the project: - Suppress every pollution source in the Mark basin (river plus all the tributaries, both in Flanders and Wallonia - Regulate manure spreading in the basin - Severely modify the landscape of the interesting valley of the Mark with the reservoir
Absence of recognition of the diffuse pollution and the denying of the imputability of manure spreading in part of the pollution of surface water with nitrates. Strong eutrophication of watercourses. The main cause of pollution is attributed to the domestic emissions. However, agriculture also contributes to the biological pollution of the stream.32. The highest concentrations of nitrates over the period 1990-1998 are found in the region of Tollembeek- Herne, at the east part of the Mark basin33. This region is characterised by intensive catering.
Allocation of pollution inside the Mark basin between households and agriculture.. In 1997, emissions by the households are: 218kg/j Ntot and 37 kg/j Ptot. In 1996, spread of nutrients by agriculture: 6357kg/j Ntot, that correspond to the equivalent of an emission of 489kg/j Ntot (divided by 13) and 1637kg/j Ptot equivalent of an emission of 23kg/j Ptot (divided by 70)34. According to the VMM, it is necessary to highly reduce emissions of nitrates (N) in the western part of the tributary basin of the Mark and phosphorus (P) in the eastern part, in order to respect the defined quality criteria for the basin. Reduction efforts should be distributed between agriculture, households and the purification plants35.
Domestic pollution comes most from two sources: the Mark river coming from Wallonia and the river Odra, a tributary of the river Mark, that delimits the linguistic border. This constitutes another source of problem. The main part of the pollution is emitted in Wallonia. Flemish authorities have no capacity to convince Walloon authorities to commit in the respect of parameters corresponding to the classification of the Mark as drinking water.
Third aspect. The valley of the Mark is a landscape of interest. The treatment plant would prejudice the surroundings. It would severely attain the landscape. The attached reservoir would have had a surface of 50ha with a depth of 10m. It would have involved the digging of an impressive hole or the building of huge dikes.
Fourth aspects. The building involves a huge investment. For the moment, such an investment is not profitable at all. Only a sharp rise in prices of water coming from Wallonia. Such a rise is not expectable.
31 Commissariat royal aux problèmes de l’eau, 1969, Le problème de l’eau. Rapport final du commissaire royal, Service du Premier ministre, unpublished, p. 4. 32 VMM, AWP2 Dender TW, p. 44. 33 VMM, AWP2 Dender TW p. 66. 34 VMM, AWP2 Dender TW tabel 6. 35 VMM, AWP2 Dender résumé p. 26-27.
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Actors involved: - Farmer unions. Until 1995, they don’t recognise the fact that manure spreading leads to the pollution of surface water. Progressively they temperate their position - The Vlaamse Landmaatschappij (VLM) is a public company in charge, among others, to manage the surplus of manure in the whole region - The Vlaamse Milieumaatchappij (VMM) is a public company in charge, among others, to monitor the quality of water - The Vlaamse Maatchappij voor Watervoorziening (VMW) is the Flemish arm of the former national water distribution company (SNDE). It is entitled by the communes (majority shareholder of the company) to distribute water in most part of the Basin, Aalst being the more important exception.
Mechanism for problem solving : Absence of the building of a drinking water production plant in the Mark valley in the 1980s. The project is postponed, but not released. This is not due to an action or claim of other water users or neighbours. The project was postponed for the above mentioned problems. The main cause of postponing is surface water pollution.
In fact, if the project would come into more developments, the difficulties would come up along with these various lines of problems: 1. The river Mark belongs under the classification of a river intended for the abstraction of drinking water. Flanders has the will to keep this potential for drinking water production, as the regional potential is somehow limited. In that way, the purification plant of Galmaarden was build in the respect of the classification of the Mark. 2. Wallonia has no interest to conform its emissions in the Mark to requirements for drinking water. 3. It becomes more and more difficult to engage such works in Flanders as the environmental and building permits are harder to get than in the past. It is especially true where landscape is protected as it is the case in the Mark valley. Such a huge project would also rise stronger oppositions from neighbours and environmentalists. 4. Nowadays, the project has no economic justifications. Given the price of water from Wallonia, the investment is not profitable. However, the option remains open as we cannot anticipate the situation in the future.
However, the protection of the potential is maintained. The water company VMW defends this position, e.g. in the Mark subcommittee of the Dender basin committee.
Pollution is not yet tackled however. Technical expertise and scientific evidence of the degree of diffuse pollution. Discussion between actors (not yet widespread). Difficulties for the regional administration to take a position as it subsidies mest imports in the Dender basin.
In short term, it is excluded to develop the project in the Mark valley. It seems however necessary to the Flemish authorities to keep the potential. Then the classification as a protected area remains in place.
The rivalry is overcome with a suppression of the use. Conflict is avoided by a non-decision. This non-decision is in first instance explained by the lack of economic opportunity to develop the project, as water provision from Wallonia is assured.
D. AUBIN - F. VARONE - EUWARENESS 43 10/03/03 - 13:03 EUWARENESS is a research project on European Water Regimes and the Notion of a Sustainable Status. Research institutes from six European countries (Netherlands, Belgium, France, Spain, Italy, Switzerland) have been cooperating in this two year project (2000-2002). The project is supported by the European Commission under the 5th Framework Programme, and co-ordinated by the University of Twente in the Netherlands.
The EUWARENESS-project has focused on sustainable use of water resources by means of integrated water management. It aims to contribute to the implemen- tation of the EU Water Framework Directive. A better understanding is needed of the dynamic relationships between various conflicting uses of water resources, the regimes under which these uses of water resources are managed, and conditions generating regime shifts towards sustainability. The EUWARENESS-project studied the long term evolution of 6 national regimes, and also - more in depth - the specific regime transitions of 12 water basins across Europe during the last decades. Important issues are the participation of users, redistribution of property rights among users, the coherence between water rights and water policies.
More information: www.euwareness.nl
The EUWARENESS project is joined by: University of Twente (project co-ordinator) - The Netherlands Université Catholique de Louvain - Belgium Université Francois Rabelais de Tours - France Universitat Autonoma de Barcelona - Spain Istituto per la Ricerca Sociale - Italy Institut de Hautes Études en Administration Publique - Switzerland