Latest Status of Hydropower Plants in Turkey: Technical, Environmental Policy and Environmental Law from the Perspective of the Evaluation

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ITU A|Z • Vol 15 No 2 • July 2018 • 153-171 Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation

Osman ÜÇÜNCÜ [email protected] • Department of Civil Engineering, Faculty of Engineering, Karadeniz Technical University, Trabzon, Turkey

Received: January 2018 • Final Acceptance: May 2018

Abstract Hydropower plants (HPP) works only with water. Water; vaporized in the pres- ence of sunlight back to earth as rain come again in favorable weather conditions. Here, the water formed in this way is transmitted to the user by depositing After precipitation and flow. This state is one of the most reliable and sustainable energy sources and hydroelectric power plants. But hydropower is also very tight to the fact that the area in which the water cycle as a renewable energy source that is very strictly linked to the global as well as climate change have in some minds. All disciplines interested in this direction with respect to these facilities (all engineering departments, politics and economics and administrative sciences etc.) by drawing lots. In this study, starting from the feasibility stage HEPP construction and operation stages as a whole and in detail. HPP construction of environmental regulations in this area are discussed taking into account the environmental ethics and environmental policy.

Keywords doi: 10.5505/itujfa.2018.79664 doi: Hydroelectric power plant (HPP), Environmental policy and ethics, Turkey. 154

1. Introduction That is why hydraulic potential, The increasing population of Turkey which is among the country’s own re- and water amount that is consumed by sources for energy generation, takes industry, agriculture and domestic ar- place on the top because of reasons eas is on the rise day by day (Jongerden, such as being renewable, requiring less 2010; Bilen, 1997). Capitation water was operation and maintenance expenses, determined to be approximately 1500 not creating environmental pollution m3 in Turkey. However that amount is or creating the least, and being the in decline each passing day, and as- source which provides supply for re- sumedly it may become 1200 m3 in liable electric energy with its national the next 10 years (Gökbulak & Özhan, quality (Environmental Impact Assess- 2006). In Turkey, it was emphasized that ment Report on HPP, EIA) (TMMOB, water is not a commercial commodity, 2004 and 2009). it is unsalable and cannot be purchased, Hydroelectric energy generation has and it is an essential part of human life many effects on natural, historical and by Turkey Water Council in 2010. This cultural assets, and on socio-economic is because water is frequently in the environment, and those effects change agenda (Turkey 2010 Progress Report, according to the HPP projects. The 2011). A structure, which has corpo- effects of projects with dams (collect- rative integrity, that can control water ing water) and regulators (temporary completely and can conduct it cumula- bloating and surrounding water) re- tively has not been established in Tur- veal itself in immovable properties that key as yet Fragmentary in nature in our properties remain under water, reset- country. This is because many contra- tlements of locals, damaging, declining dictory situations can be seen in water or destroying forests, impacting rare management policies. The need of elec- and endangered species of fauna and tric energy is increasing day by day due flora. The financial, sociological and to the increasing population of Turkey, psychological aspects of this work are social changes, and different changes in topics for other examinations. In addi- industry. However, our country still re- tion to this, there needs to be further mains behind in gradation in compar- and detailed examinations in projects, ison with other countries in the world not only site selection of HPP, all con- (Eroğlu 2007). There exist an energy structions should be together, but also gap as of today. In addition to Turkey’s the existence of other facilities and set- having various types of energy sources, tlements on the same river, the present the share of energy that comes from and future water need of the locals etc. HPP constitutes the biggest (Kaygusuz Water should not be approached only & Sarı, 2003). It is known that electric from hydrologic perspective. If proj- energy coming from HPP is the least ects are approached from cumulative amount among those various types behavior in river basins, the possible of energy sources. As a result of facrs future disputs regarding water can be such as rapid population growth, rap- prevented. In this way, taking projects, id emprovement and industrialization which are designed in detailed and in Turkey, the energy gap makes itself with broad scanning, to the adminis- significantly apparent. The energy that trative courts can be prevented (Hop- is needed is provided in various ways. pes, 1924; Stummer, 2014; Abou-Ra- Only 59,2 % of the energy that is gener- phael, 2006; Henry, 1939). ated in Turkey is coming from Turkey’s Hydroelectric as a term; is a nice own resources since the year of 1999. reference to the generation of electric Most part of the foreign-dependent en- with water that flows from higher level ergy generation is provided from petrol to lower level in a waterway with the (8,9%) and natural gas (31,9%), and in help of gravity force. “Hydroelectric spite of the developing export of Tur- power plants (HPP)” represents the key, most part of the export revenue is whole structure, which contains all of spent on petrol purchase. Besides, for- the constructions (regulator, sand sed- eign-dependent energy generation that imentation basin, transmission con- affects external economic balance neg- structions, surge chamber or basin, atively is not at any price confidential. power conduit, HPP building), that

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 155 generate the electrical energy (Dursun depend on the least operating cost and & Gokcol, 2011; Balat, 2007). longest service life. Generation and HPP simply generate electric ener- amount of the water strictly depend gy by flowing of water from a certain on meteorological conditions of the re- height level to lower level (the differ- gion where HPP’s are located. As a part ence between levels is the gross head of HPP project, water was transmitted height), in other words, lowering wa- from water intake structure (regula- ter with power conduit into turbines tor) to HPP turbines through closed that are in the HPP building and high or open pipes, tunnels or channels, speed of that water discharge turning with free-flow tunnels as with gravity the turbines. The generated energy is or pressure to surge chambers/pools or transmitted into national and inter- a valve chamber and afterwards with national interconnected energy trans- the help of power conduit. In a field mission line with an energy transmis- of HPP Project, experts from Civil, sion line (ETL) after switchyard. These Mechanical, Electronic Engineering, lines can usually be near HPP as well Geologist, Economist, Environmental as tens of miles away from it. Therefore Engineering, City and Regional Plan- transmission with ETL is being passed ning and Landscaping etc. are working through from different places (Dayson in all operations. In the fields that re- M. et al, URL 1). quire too much construction work; the In the projects, water that is taken guarantee of scraping the vegetable soil from water intake structure is trans- and storing it in favorable place and ported to HPP buildings with trans- conditions is given by taking opinions mission constructions (tunnel, pipe, of various institutions and organiza- open channels etc.) with gravity. The tions within EIA reports. In addition length of those transmission construc- to these, there are stages of ground tions can be 15 km and more, and extracting, rock breaking, transport- sometimes transport between valleys ing and storing. Besides, there reveals can be possible. In these kinds of sit- roads, bridges, viaducts, studies of riv- uations, discharge (m3/sn) of the wa- er reclamation, retaining structures of ter, which is called ecological/sap/life watercourse and roads, other protec- water, is left to tributary from regulation constructions etc. that are needed tor between Regulator-HPP Building, to be constructed in the field. Materials is not enough for the fauna and flora (aggregate) such as sand and gravel are around. This situation can be seen in needed for concrete production so that cases that have been filed to the court all the stages can operate. Aggregates by residents. that are to be used in concrete produc- Besides, in a HPP exit, a regulator tion can be provided from dredgers for another HPP in tail water is built from the field of projects but there is and collects more water due to the fact also need for other quarries. However, that water-bloating levels are exceed- permission should be taken from in- ing DSI’s permitted levels, and that dustries and organizations as part of causes the change of gross head height EIA reports for quarries, too. There- which is important in energy saving fore, there is a need for concrete pro- (Dayson M. et al, URL 1). Besides, the duction facility in the fields. This situa- changes in the places and levels of reg- tion is originated also from the region ulators open other unlooked-for water that HPP’s are located. These regions resources and gross head height to use. might happen to be far from other concrete production facilities, and condi- 2. General information about HPP tion and situation of the roads might HPP’s are built for the transducing be difficult. The production of those of the potential energy of water into materials must be handled in the field. kinetic energy. Electric energy is gen- There is an obligation for establishing erated through turning the turbines a crusher facility in the HPP field for with flowing of collected water mass this job. In this case, it is claimed that from higher level into lower. Hydrau- the material that comes from various lic potential depends strongly on the aimed excavation activities (tunnel ex- precipitation regime. Those facilities cavation, channel excavation etc.) can

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 156 be used. The residual over material is mulated water is affected negatively. By said to be stored in convenient place taking a big amount of money between for a temporary time or permanent- the headworks and the fields that water ly in HPP field and according to the is re-given to the watercourse, it chang- science and technical rules. There are es the natural flow of the watercourse. certain risks in those storage places It is certain to be more economic and such as landslide, washout, closeness more ecological by examining the ef- to water areas, sediment that emerges fects of HPP building starting from from leakages and the negative effects headworks to the tail water on natural of troubled waters on the watercourse. environment and people (social, psy- Even though the service life of HPP’s chological, financial and ecological), is stated as approximately 50 years, this defining in detailed the facilities total life can be decreased or increased, de- established field and handling water- pending on the watercourse and the course basin as a whole, emphasizing changes in the river valley. However, the vulnerabilities and producing really given term of the license is usually up good solutions (Both economic and to 49 (one HPP 49 years and 6 months) ecologic), making the operation very years. That kind of long term of license good after construction, making the is not found appropriate in terms of operation in harmony including opera- not only climate but the structure and tion stages in construction phase, mak- technical operation of those facilities. It ing measurements and observations in was seen that some regulators expired the operation stages and editing where in a short time and/or problems with it is necessary etc. doing those partic- wear-out failure due to the reasons like ularities in a coordinated manner and a few structural conditions’ not being controls being supplied. This should be fulfilled and a mistake originating from the expected and the desired. watercourse management. The most important effects of HPP It is generally accepted worldwide projects in the construction phase; that hydroelectric power plants are HPP is seen as a dust and noise that one of the energy generation meth- consists of traffic, heavy construction ods, which gives the environment the equipment and crushers by its closest least damage. The matter in the HPP fields and the fields around and in the operation is the water. Therefore, what roads. However, the huge amount of comes in and goes out from the facility excavation that occurred in the con- is also water. Of course some changes struction can constitute a problem in occur in the quality of the water. There terms of how to put it out of the way, seems no problem with its current state how to transport it and where to store in the operation. Those energy-genera- it. There can be impacts like vegeta- tion facilities are known to be the ones tion in between is getting damaged that are more eco-friendly in compar- due to pouring the excavation into ison with others. There are no types of stream bed and alteration of structure pollution like wastewaters, solid waste, of stream bed, which arises in the pro- exhaust air, which means greenhouse cess of water transportation that is ex- gases (COx, SOx, NOx, etc.), as a result ecuted with conduit, which is made in of the generation. order to pass through valleys, regulator Because of those reasons, this is an- that especially in the dip slopes and other type of renewable energy along channel/tunnel/piped system that has with the sun, wind and geothermic re- an open transmission structure with sources. However, HPP’s are not that surge chamber/pool. In the impact of innocent in terms of the damage that the operation stage, there can be seen is given to environment. Especially the a decrease in water discharge in the construction process of HPP’s can have streambed which is between regulator huge environmental effects depend- and HPP structures because of using ing on the fields and regions they are the water of stream bed that it was built in. Regulators, which are head works, on. behave like small dams and ruin the When we sort the impact of HPP’s integrity of the watercourse. The oxy- on environment; generally the head gen levels and temperature of the accu- works (regulators) spoil the integri-

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 157 ty of the river and partially affect the important part of the ecological system stocks, microorganisms, fish way and and transmits the water and stock mat- the movement of migration in the riv- ters within itself to everywhere. If this er, water transportation lines that was condition collapses, since that would constructed in a kind of open channel mean the collapse of basic life support affect the other land animals’ wander- of the fauna and flora in the system of ing freely, and affect some lands as that river, fauna and flora will collapse making them to be awash. It causes a and be destroyed in time. habitat division by effecting the migra- Privatization of the water and tub- tion of the land animals, when the soil ing of the rivers was realized in Turkey surface (mainland, vegetable soil) is through the process listed : in 2011, a scraped in all construction areas there law is introduced for privatization of occurs huge destructions in the land, each type of energy generation facility, plants cannot grow, pollen generation in 2002, HPP is made public as clean is delayed and besides, whole soil sur- energy generation facility, in 2003, es- face is exposed to erosion, all aquatic tablishing financial possibility, which life is endangered due to the change in investments and incentives about en- the flow velocity and flow rate. Water ergy are given, is started, the right of is broken off from its bed and taken water usage is given to private sector, immediately into channels, piped sys- in 2006, Energy Market Regulatory tems and tunnels, and detracted from Authority (EMRA) started to expro- nature and people. This case comes priate the immovable, in 2008, Envi- into view as the biggest strike that ef- ronmental Impact Assessment (ÇED) fects the balance of the valley and the is constituted and apart from this, ex- region. Besides, there is decrease in the pertise started to constitute, until 2023 agricultural production in parallel with water potential is expected to take the agricultural irrigation distress, and with 100% help of HPP with planning microclimate of the region changes ac- HPP by 2009 State Planning Organi- cordingly with the water entrapment, zation, in 2010 Turkey, dams can be also stock chain is interrupted for a constructed in all natural conservation long time in regulator. areas and HPP can be constructed, the It can be understood that HPP in- permission will be given to establish vestors mostly make their determina- electric generation facility depending tion of locations from the map or from on renewable energy resources with the web page of DSI (State Hydraulic the condition of taking the opinion in Works) and after seeing the location favor of necessary organization of pro- non-exhaustively they make their cost tection area in National Park, Natural benefit analysis at short notice. It can Park, Natural Monument and Natural be understood easier with tens of HPP Conservation Area, Protection Forests, existence according to the length and Wildlife Development Area, Specially discharge of the water on a river. Water Protected Environment Area, Natural comes out of HPP’s and before reach- Protected Area; and those will lead ing its own bed again, it is immediately Turkey’s nature to be damaged, lost of taken into another HPP regulator for flora and fauna, and conflict with the storing. Since the ecological water/ locals that live in nearby. The most sap that is left from regulators is estab- objective parameters should be deter- lished and operated by HPP owners, mined while giving the permissions in their controls cannot be executed well. those sensitive areas. Event though DSI established a con- In 2011, proposed law about control team, there remains deficiencies. servation of nature and biodiversity Sometimes rivers are dried up and the were brought out. In addition to this, ground water is retreated. So there oc- the encumbrances about investors (in- curs too much erosion in the stream- frastructure, HPP and barrages) and bed. Those kinds of deteriorations can- development projects were tried to not be recovered easily. be abolished (infrastructure project, A river is not only water, not arriver HPP’s and barrages). In addition to to the sea after the transmissions like this, it was assured that it was licensed pipe, channel, tunnel etc. A river is an from somewhere central. Some people

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 158 from rural area start to talk about this greenhouse gas that is measured in issue. Many legal modifications contin- class of unit carbon dioxide. Carbon ue about this issue. footprint consists of two main parts; On some rivers, there are opera- direct/first footprint and indirect/sec- tions with varied purposes and those ondary footprint. First footprint is the operations still continue. Rivers were measurement of direct carbon dioxide employed with many usages. On some emission that generated from burning rivers, water bottling factories were al- fossil fuels. Secondary footprint is the lowed, and the number and capacity of measurement of indirect carbon diox- those were improved. Huge fertile (ag- ide emission that is related with whole ricultural land and forested land) lands lifecycle of the products that are pro- were submerged due to the reason that duced and consumed, manufacturing finished and planned dams for some and at last, spoilage. Along with the rivers covered extensive area. Organic cost of transmission line, it is necessary substances that accumulated in those to consider the following as the sec- dams turns into coal gas in time and ondary footprints; forest destruction since there emerge huge water surface where it passes through, high rate of area, vaporization and loss of water electric leakage during the transmis- started to emerge in those regions. sion and nature destruction to the area It is possible to cutting the trees that those lines connect with the na- which has a risk to submerge in the tional grid. When we approach to the reservoir lake or submerge as a result product as energy, HPP aims at pro- of the rise of the water depending on ducing a product and launching it to the size of the project in HPP region, the market. Even though the product and this situation causes decrease in has no negative effect on the carbon di- the quality of forests. There are changes oxide emission after being produced, a in other habitat as a result of this de- reference can be made to the process of crease in the quality of forest. In addi- the production of the product, which tion to all of this, there emerge changes means generation of the energy, (build- in the regime of ground water in that ing the facility and operating it) there region. Increase in the ground water are carbon dioxide emissions to the start changes in aquifers (ground wa- nature. Therefore, it can be concluded ter carriers) hydrogeological and that that HPP makes its contribution as a condition affect fauna and flora on the carbon dioxide emission to the nature surface. in terms of secondary footprints. Apart It is stated that HPP’s low emission from all of these, if a tertiary footprint of CO2 is an important tool in the definition would be done as developing struggle with the climate change by a new concept; product that reaches governments and scientific experts of the consumer as a result of generated energy sector. energy has pioneering role in initiating However, its place would be dis- carbon dioxide emission (like energy cussed when considering all the nega- use in the sectors of transportation, tive environmental effect in the systems agriculture, industry, tourism etc.). it creates, and considering “ecological When we compare carbon footprint foot print, therefore carbon footprint”. and ecological footprint that was creat- Ecological footprint is a unit of mea- ed by HPP, fundamentally, it would be surement that reveals the reproduction revealed that ecological footprint can of the natural resources that we con- be at much higher rates. sume and at the same time, how much In terms of the socio-economic ef- land and water area we need to recycle fects of HPP, it has certain contribution the released waste. In a way, it describes to internal economy such as; intensive the burden that is on the sustainability employment, enrichment of the com- of ecosystem of consumption of the mercial life, recovery in agricultural energy resources of humans in order activity, developments in forestry and to live on this earth. Carbon footprint, tourism. However, during the con- on the other hand, is the measurement struction according to the quantity of of harm that human facilities give to electrical power, approximately 50-60 environment in terms of produced people, during the operation 8-10 peo-

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Figure 1. Map of Turkey hydroelectric power plant. ple on averge will be employed in the corresponds to 35% of the economic facility that will be built. Personnel that potential. 148 HPPs are still in process will work in operation stage are gen- of construction, which have 20.000 erally coming from out of the field of GWh annual production capacity that HPP since they mostly have technical corresponds to 14% of total potential and qualified specialities. In addition and has 8.600 MW installed power. To to this, more indirect effects like flood use the remaining 72.540 GWh/year and landslide, carbon cycle, to natural potential, 1.418 HPPs will be built and life and ecosystem cycles, even though the number of hydroelectric power their measurements are hard to calcu- plants with additional 22.700 installed late quantitatively, it is estimated that power will increase to 1.738. It is possi- serious distresses will emerge in the ble to use all the economic hydroelec- future regarding providing the benefit tric energy potential in the rivers of the that is claimed by HPP firms. country with the future HPP’s that are 1.738 HPPs and corresponds to Tur- 2.1. Condition of HPP’s in Turkey key’s total power of economic commis- It is known that HPPs are preferred sion which is 45.000 MW (DSI, Hydro- among various energy resources due to electric Energy Report, 2010). their being nature friendly and having It is seen in Figure 1, the Map of low potential of risk. These kinds of Hydroelectric Power Plants in Tur- power plants can respond immediate- key that HPP’s usually and mostly ly to the sudden changes in demands. are in Middle and Eastern Black Sea That is why they are called peak pow- Area and South-Southern East side of er plant (satisfies the sudden demand) Anatolia. Main reasons of this is the in Turkey. DSI General Management climate (rapid flow, continuous rain- defines HPP as having the following fall etc.) and geographic (deep valleys benefits: “environment-friendly, clean, etc.) conditions that are most suitable renewable, able to satisfy sudden de- to economic yield for HPP projects are mands, higly productive (over 90%), those areas. no fuel expense, has insurance role on energy prices, long-lasting (200 years), 3. Legal process for HPP operation investment’s payback period is very and matters not provided for soon (5-10 years), low running cost According to Turkey’s priorities, the (approximately 0,2 cent/kWh), do- institute that in responsible of plan- mestic resource not foreign-dependent ning all water resources, managing, (DSI-Hydroelectric Energy Report, developing and operating is DSI. The 2010)”. Ministry of Foreign Affairs coordinates In Turkey, 172 HPP’s are in opera- the making and following of the nation. Those HPP’s has 13.700 MW in- tional and international water policy of stalled power and 48.000 GWh annu- Turkey. The license of HPP and Regu- al average production capacity which lators that finalized its projects, Water

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 160

Use Right Agreement, making final de- tance as a commodity is increasing day sign, facility, allocation, construction by day is not only being used to gener- plan and construction license are in ate energy but also for storage and oth- the framework of following rules and er purposes. The purpose of the Elec- regulations. tricity Market Law is to; create electric •“Regulations about Procedures and energy market that can operate accord- Principles Regarding Entering into Wa- ing to the private law rules, financially ter Use Right Agreement in order to Do powerful, stable and transparent in or- Productive Activity in Electricity Mar- der to provide electricity which is suffi- ket” that went into operation in Official cient, of good quality, continuous, bud- Gazette in 26.06.2003, • 17. article in get-friendly and environment-friendly the Forest Law No. 6831, • “Regulation to consumers, and which provides an about Allocation of Forest Land” that independent regulation and supervi- went into operation by being published sion in the market. Law aims at mobi- in Official Gazette in 22.03.2007, • EIA lizing the existing but unused potential Regulations that went into operation in the market by pointing out the nec- by being published in Official Gazette essary mechanism for “creation of an in 16.12.2003, • Soil Conservation and electric energy market”. Mobilizing the Land Use Law No. 5403, • Pasture Law potential may be the clearest but the No. 4342, • Provincial Special Admin- most technical statement. Any kind of istration Law No. 5302, • Construction neutral/technical language that points Law No. 3194 at releasing the potential, which means According to the Electricity Market the things that are non used but sup- Law No. 4638, all construction of the posed to be used, is unfavorable. electric generation facilities are given The firms that gained right to sign to the private sector. The electric gen- the Water Use Right Agreement and eration license and essences of Water Electricity Generation Right start pre- Use Right Agreement in order to de- paring their EIA reports later. Accord- sign HPP project were determined in ing to EIA Regulations, the previous in- “Regulations about Procedures and stalled power is 50 MW and more river Principles Regarding Entering into type power plants (RTPP) are in the Water Use Right Agreement in order Appendix-I list of EIA regulations, the to Do Productive Activity in Electric- ones whose installed power is 10 MW ity Market”. The purpose of this Regu- and more RTPP are counted in Appen- lation is to determine procedures and dix-II list while the HPP projects whose principles in the framework of the pro- installed power is 10 MW and less are visions of Electricity Market Law No. exempted from EIA process. With new 4628, signing process of “Water Use EIA Regulations that were published Right Agreement” for auto produc- in Official Gazette No: 26939 in July er and auto producer group license in 17, 2008, HPP projects in between 0,5- between DSI and juristic persons, and 25 MW came under the Appendix-II. in establishing energy generation fa- Appendix-II projects are tributary to cilities, production related with opera- preliminary EIA, it does not require tion for juristic persons that are still in the processed of public participation business in the market or will be. The and information. However, the proj- statement of Combined Facility, which ects that were accepted before that date is in definitions part of Regulations, is are tributary to the old regulations and actually very important for our topic. exempted from EIA process. While it is Because it states that as a HPP, usage necessary to complete the EIA process of the water, which was transferred first according to the 6th. article in EIA into capital in long time intervals, is regulation, the condition of EIA pro- not only for energy generation but also cess is being started after signing the “facility that aims many purposes such Water Use Right Agreement and taking as providing irrigation, potable and the license of electric generation from tap water, and also it is surge protector EPDK is a contradiction. While start- along with energy generation” as it is ing EIA process after signing Water stated in the definitions section. So it is Use Right Agreement and determining clearly stated that water whose impor- the investors and giving the allowance

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 161 of electric generation according to the ticipation Meetings that are practiced result of the process is a much more in the project field and Examina- accurate method, Ministry of Environ- tion-Evaluation Commission (EEC) ment and Urbanization leaves the EIA Meetings that are performed in related evaluation to the end of the process, units of ministries are only shows. when investor made various expenses The inspections about HPP’s should and that turns the EIA process to a kind continue during construction and after of approval of the EPDK process. It is a operation Inspection should be exe- serious and important absence not to cuted in relation to whether protecting include the electric transmission lines public resources is achieved or not and (ETL), which are used to transport the whether science and engineering re- generated energy and is an inseparable quirements are met or not. part of HPP projects, to EIA reports The false evaluations causeing nat- about HPP projects. Along with the ural destruction which is hard to re- cost of transmission lines, where it will cover such as leading water to operate pass through and the forest destruction as one-sided, leaving fisheries near it will create in the areas it will pass are the river in a difficult position and also not included in the projects. In making local people confronted with fact, the nature destruction those lines migration should be corrected. Adju- create until the part where they will dications should be ensured to be per- connect to the national grid is in very formed, and despite the local people, high level. High-tension lines mostly one should scrutinize in the stage of passes through above the settlements, allowance for the profit-oriented HPP ravines so it may have negative effects construction. on human health. Since it is possible Any HPP that is going to be built that EIA would not allow the electric should not have a judgment or allow- transmission line after the construc- ance like “No Need for EIA” since there tion of the power plant ends, and it is are HPP’s that were built and were en- possible to spoil all investments; having gaged in a lawsuit afterwards. All legis- EIA to electric transmission lines after- lative regulations and legislations that wards is becoming a factor that can af- provide an infrastructure to this condi- fect public will. In this case, EIA report tion should be changed. that is taken for transmission lines after completing the construction of HPP is 4. HPP’s evaluations in terms of not credible and should be evaluated environmental policies with regards considering electric transmission lines to political tools and principles are thought to be the same project with 4.1. Conflicts with national HPP. However, the situation is the op- regulations posite. In the Constitution of the Turkish Besides, the process about HPP’s in Republic No. 2709, in article 17, it is Turkey is for profit and it is shaped ac- stated that everyone has right to live, cording to the market so many missing protect and develop its own materi- things or mistakes were encountered in al and nonmaterial existence, in arti- the process of preparing EIA reports. cle 56, everyone has right to live in a Especially the Environmental Consult- healthy and balanced environment, it ing firms, which are assigned to prepare is State’s and citizens duty to protect EIA reports and complete the relating the environmental health and prevent procedure, prepare reports negligently, pollution. Besides; according to the with copy-paste method and mostly Environmental Law No. 2872, in arti- without examining not even project cle 1, it is stated that the aim of the Law field with the encouragement of minis- is protecting the environment, which tries. Ministry of Environment and Or- is all citizens common asset, healing ganization, which has authority to in- it; land and natural resources in urban spect the related processes and report, and rural areas should be used and and make decisions, encourages proj- protected most appropriately; prevent- ects to be accomplished rather than ing the pollution of water, earth and preventing the effects project cause to air; the actions to be taken and regu- environment, Therefore, Public Par- lations to be held should conform with

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 162 the economic and social progress goals Natural Resources”. In the DSI Law of and should be organized according to Establishment, article 2, item ‘f’, the job certain legal and technical elements definition is “Make reforms in the river in order to ensure today’s and next and make the possible ones navigable” generation’s health, civilization and plays the biggest part for HPP’s to be standard of living to be developed and implemented. In Law of Establishment guaranteed by protecting flora and fau- of Ministry of Energy and Natural Re- na, and natural and historical wealth. sources, article 2, item ‘e’, the job defi- Ministry of Forestry and Water Affairs nition is “Determine the production, is assigned to find water resources, de- transmission, distribution and con- sign integral basin plans to use them sumption pricing policy and when it according to the Law of Establishment is necessary, determine the prices of of Ministry of Forestry and Water Af- the products that are produced with fairs, article 9,item ‘c’. There is no such underground and overland natural re- plan for any basin in Turkey. It contra- sources” and this definition legitimizes dicts with Ministry’s law of establish- the legal process of HPP’s. The energy ment that before designing any plan policies in Turkey were established on for basin and finalizing the issue that managing mostly the supplies rather conditions of utilization of resources than demands. This approach causes would be for superior public interest the energy investments focus on gen- (after detecting what the region has as erating as much energy as possible resource value), just considering HPP and causes the practices like “produc- projects which are designed only for tive usage of energy” to remain in the generation of electricity. Ministry of background. For example, losses and Environment and Forestry, which was leakage of electricity while transmit- closed and sheared off as ‘Ministry of ting is up to 20% and this makes our Forestry and Water Affairs’ and ‘Min- energy usage impoverished. Besides, istry of Environment and Urbaniza- General Directorate of Electrical Pow- tion’ after general elections in June 12, er Resources Survey and Development 2011, has an Environment Condition Administration (EIEI) states that by Report that was published in 2007, and only making the necessary saving pre- in there it was determined that main cautions, there can be a saving of 3 bil- goal of Turkish Environment Policy lion USA dollars value energy per year. is protection and development of the Besides all of this, another problem environment with sustainable devel- related with HPP’s is that ignoring par- opment (Evaluation of Environmental ticipation principle in projects while Issues and Priorities of Turkey Reports, preparing EIA reports. Passivize the Ministry of Environment and Forestry, local people who will be affected by the 2014). In the same report, the main project is another common incidence. strategy of environment policies is de- Local people is not even asked for an termined as management of natural opinion for the projects that are under resources, providing sustainable devel- 25 MW. In the projects over 25 MW, opment with the condition of protect- Public Participation Meetings are or- ing human health and natural balance ganized while EIA process continues, and transferring next generations nat- however, these are mostly the compa- ural, physical and social environment. ny officials of project informing people However, designed HPP projects are about the project rather than meetings. in a level that can spoil the natural bal- In that case, both the meetings and ance in the project field and may affect EIA Report preparing process remain the environment sustainability inte- weak. While examining HPP process grally. in terms of Turkey’s Environment Pol- For us to have an idea about how icy, it would be beneficial to examine HPP’s are managed in terms of energy National Environmental Strategies and policies, we need to examine “Law of Action Plan, 9th Progress Plan, Govern- Organizations and Functions of Gen- ment Program Action Plan and Mani- eral Directorate of State Hydraulic festo of the parties that are governing Works” and Law of Organizations and and their opinions about energy issue Functions of Ministry of Energy and (URL 3).

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In National Environmental Strate- about HPP’s, “The projects that are in- gy and Action Plan (SPO, May, 1998), cluded in public investment program, it can be seen that in the light of ap- especially the HPP projects should be proaching HPP’s, it is in phase with completed with minimum cost and Progress Plan and Government Ac- quickly to be brought in the economy. tion Program when examining “ en- That is why, it will be attentive to reflect couragement of using resources in a the truth in investment costs, not prac- sustainable way” and “supporting the ticing cross-sectoral cross financing sustainable practices that are related and prevent the cost increase that can with environment”, “integrating stra- be originated from the delays in the tegic goals and economic rationality in projects, we can say that it was empha- productivity”. sized that HPP’s should be productive In addition to these, it was on the in terms of economy. In the 60th Gov- agenda to include “management of in- ernment Program Action Plan, under tegral water resources”, policy making the title of “Increasing Competitive about protecting and managing the wa- Power”, given with “benefiting from ter basins, aquifers (carrier of ground- renewable energy resources at their water) and wetland. Even though it was maximum level” and “supply security recommended that preparing “Regu- of electricity will be increased” facili- lations about Management of Water ties under the title of “Developing Life Basins” Law’s brought into force, eval- Quality”; under the light of the facili- uating wetlands, mountains, summer ty “The studies about using water re- ranges and coasts as parts of the envi- sources in a more sufficient way will ronmental protection policies as they continue”, there is a coherence with 9th are ecosystems on their own by consid- Progress Plan. The things that are in- ering the ecological, economic, social tended for protection of the water is and cultural conditions in water basins “afforestation, struggle with erosion (National Environmental Strategy and and continuing the recovery studies, Action Plan, SPO, 1998, Appendix-6, more livable cities will be created by p.6), how those rules and regulations developing green belt cities.” in this fa- contents’ will be organized is not men- cility (URL, 4; URL, 5; URL, 6). tioned. While detecting eco-basins in Even though it is directly empha- accordance with sustainable resource siezed, protection of the water can be usage goals are put on the agenda; “de- provided indirectly with creation of creasing sedimentation can extend the forests (60th Government Program Ac- economical life of barrages and hydrau- tion Plan, 2008, p. 25-27-32-34). Last- lic power plants (National Environmen- ly, present management in the titles of tal Strategy, Through UÇEP, SPO, 1998, “Energy and Environment” in the eval- p.62)” statement is conflicting. Accord- uations of HPP’s, it is said that “About ing to that statement, it can be said that the hydrogen energy, which is the en- goal of using sustainable resource with- ergy of future, serious scientific and in Action Plan gest ahead of the goal of technical projects will be started, and protection of the environment. necessary studies will be performed in While expecting more articles and order to cutover with other developed goals about protection of the environ- countries”. It is crystal clear that new ment in an environmental strategy, we hydroelectric power plants and stream confront with impression that goals like power plants that will not make any “Encouraging Clean Technology and harm to environment, have high suffi- Energy Resources”, “Harmonize the ciency, equipped with new technology Environmental Protection and Policies and based upon local coal will be en- about Production and Consumption of couraged to be built by private sector Energy (National Environmental Strat- along with the energy types such as egy, Through UÇEP, SPO, 1998, p.61)” solar, wind, geothermal and biomass. are prioritized. There are few attempts to built stream In the 9th Progress Plan that was pre- power plants mainly in some certain pared for the years 2007-2013, there is places in Turkey. no article about protection of the wa- In addition to other energy resourc- ter. When we look at the statements es, HPP’s were adopted very well. On

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 164 the other hand, all the damage in the is sacrificed for the sake of economy. end of that process will harm the local All these thoughts should be reflected natural condition and the living things upon the term ecology (environment, around will be harmed. River basins biological diversity to survive, sustain- and fields that were built upon the ability of life cycle). If there is a com- HPP’s are usually turned into private mon interest of the society, only public properties. After transferring “right interest dhould be considered. Howev- to use” with the privilege coming rom er, economical cycle can be provided EIA reports, changes start to occur in in this ecological cycle. There can be the region. There are disputes between seen negative conditions in antecedent local people and operators and also the precipitation index in the places whose ones that defend all the lives in the riv- ecology is spoiled and meteorological er. The producer companies have much conditions are not as in the past. The more investment from public on the speed of river flows have decreased occasion of HPP planning. In this case, causeing the dams beneficial volume the public is at loss. The arising losses and reservoir originating from regula- are supplied by state and this case re- tor to be fulfilled in a short time. Brief- turns state back as public loss. ly, what is aimed at ecological reports is to protect biological diversity (fauna 4.2. Discussion of the HPP’s in and flora). That is public interest. Turkey with regards to jurisdictional HPP projects are designed for all decisions parts of our country and projects are There are many HPP plans made being constructed. In this topic, there in Eastern Black Sea region and about are projects that are performed with the ones that are completed, close to both DSI General Directorate Head completed, not started yet; there are of Department of HPP and Dams and finalized, adjudicated or still continu- DSI Regional Directorates, and EPDK ous cases in administrative courts. It is is also a side of this topic. very hard to say that there will be no In Turkey in the HPP context, the cases for HPP’s any more. Because the most discussed topic about this term prepared EIA reports are far from re- and other policy principles are the flecting reality and whatever the reason Court Decisions about related HPP’s it might be (for example local people and among those, the ones that are may change their minds and decided approved in Chancery and returnees. to make agriculture, more water de- When those decisions are examined, mand due to the change in the agricul- it can be seen that the decisions were tural products, water amount that will from various sides, it can also be un- be left from regulator in the river for derstood that environmental policy fauna and flora around because of dry principles are not practiced in terms seasons etc.), if the given promises are of Project Description File (PDF) and broken, then cases will be opened in topics from the projects that EIA re- courts. ports come out as Positive and most In some EIA reports, economy is importantly in terms of environmental highlighted and natural resources are policies. desired to be used by showing the situ- It would be beneficial to examine a ation that it is the concern and benefit different examples before passing to of the whole society and using in legal the examples of those cases. In the case parlance “best public interest, public of Muğla 1. Administrative Court in health, national security” so that it can March 30,2010, Docket No. 2010/342; be an answer to rising demand of people the project of “Yuvarlakçay Regulator and supplying the energy gap of Tur- and HPP” that has 3,40 MW and was key. However, this situation does not planned to be built up in Yuvarlakçay entirely reflect the truth. It is a totally that is located in Muğla Province, Köy- different topic that energy production ceğiz District was decided to be can- is transmitted to industry areas that are celled since its power is under 10 MW really far away rather than using in the and based on related EIA Regulations region where it is generated. All in all, so that project can be excluded from ecology on which everyone has a share EIA with the operation numbered 262

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 165 in January 01, 2008. The main reason In another case, Docket No. for this decision to be made is that even 2008/369 in Rize Administrative Court though the operation is under the de- in December 11, 2009 was related with fined values (10 MW), the matter in the cancellation of EIA Affirmative dispute will create irreversible destruc- Decision; EIA Affirmative Decision tions to the environment. The most im- about “Paşalar Regulator, HPP and portant principle in this case is ‘precau- Borrow Pits” that was planned to be tionary principle’. Even though it was built in Rize Province Fındıklı District foreknown scientifically, and help of was required to be cancelled because other methods, that power plants that it was clearly contradicting with the will be built up with related value (10 law in terms of authority, feature, rea- MW) will not relatively harm environ- son and topic, and best public interest ment, the decision taken will prevent is all about protecting the valley and the possible problems. transferring it to the next generations. These kinds of cases were opened In the related project, EIA Affirmative also in Trabzon, Rize, Artvin, Giresun Decision was decided to be cancelled and Ordu in Black Sea Region and it based on that related decision was ig- was seen in many courts that rather noring the 1st , 9th , and 10th articles than PDF, a more detailed EIA report of the Environment Law and principles was required. However, it was also seen of environment and sustainable devel- that in the Ministry defenses in judg- opment, and also not practicing partic- ment books, there are kind of state- ipation principle, related project was ments like ‘if that was in the regula- not made based on the basins, not co- tions, then everything is okay’. herent with the existing Environmen- In other examples; in the case in tal Plan and City Development Plans, June 30, 2010 Docket No. 2008/769 and and the projected values for aquatic life Decree No. 2010/313; Cüneyt IA, IB, and aquatic ecosystem were inefficient. IIA, IIB, III, IV HPP Projects that were When we put all the pieces togeth- planned to be built in Artvin Province, er; we can see that jurisdictional deci- Şavşat District Meydancık Town, has sions regard precautionary principle, been decided to be cancelled since it responsibility for next generations, is conflicting with core and aim of EIA providing other living beings right to Regulations and there at no best public live by protecting biological diversity, interest in such kind of project by Rize prioritize the protection of the nature Administrative Court. Again in a case rather than economic interest, best Docket No. 2008/536 and Decree No. public interest etc. 2010/312 about the cancellation of EIA Affirmative Decision in June 30, 2010 4.3. Evaluating international by Rize Administrative Court about regulations in terms of HPP’s in HPP Project “Dereköy Regulator and Turkey Dereköy HPP” that were planned to be Specific to HPP’s, equivalent of Tur- built in İkizdere District of Rize Prov- key’s water policy in international field ince; EIA Affirmative Decision were can be approached from negotiation decided to be cancelled on account of process with European Union (EU). In the facts that EIA process were oper- the pre-accession process of Turkey to ated wrong, acted contrary to legisla- EU, Turkey should practice and adopt tions, approved the HPP studies with- Union’s regulations at any cost. One out making integral basin planning, of those regulations is Water Frame did not take necessary precautions to Directive (WFD-2000/60/EC) which protect flora and fauna, did not detect is characterized as a general umbrel- or examine about continuity of water la regulation in water management. ecosystems and aquatic living beings, WFD requires all water bodies to be has insufficient precautions while con- the in condition that as natural and ducting the project and in that way, unspoiled as possible in terms of qual- EIA Affirmative Decision was contra- ity and amount by making basin man- dicting with both regulations and re- agement plans in river basins scales. sponsibilities that were accepted with Water Frame Directive requires the international conventions. existing aquatic ecosystems to be in a

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 166 good condition in terms of quality and investors do not take any notice on amount by making management plans those since those recommendations on the basis of basins. WFD allows new require additional costs. Operations hydraulic constructions under certain of environmental monitoring of HPP conditions (Article 32), however, this projects are conducted under the su- allowance is provided under certain pervision of Ministry of Environment strict conditions; all measures should and Urbanization. Ministry provides be taken to prevent negative effects, the option to any active company that these necessities should be for public has license of efficiency to work with interest (for example; control of over- any Environmental Consulting Firm. flow and landslide), new developments This situation leads to false monitor- should not block reaching existing EU ing reports that are not objective since environmental standards that aimed at company officials generally agree with protecting environment. For reflecting Environmental Consulting Firms that strategic environmental evaluation on prepare the EIA reports for the related national regulations, the studies that projects. On the other hand, DSI offi- are conducted by Ministry of Environ- cials of Provincial Directorate of Envi- ment and Urbanization were started ronment and Urbanization who have with the undertaking the develop- the authority to inspect the practices ments that will be followed and the the area of activity make their inspec- necessary studies will be done for EU tions either insufficient by claiming not National Cohesion Program under the having enough number of personnel EIA title in terms of strategic environ- or make those arbitrary and for show mental evaluation. “Template of WFD when there is pressure of civil society. Regulations Preparation and Appli- There are also difficulties in sharing- au cation for Turkey Project” contains a thorities between institutions. template of WFD regulations prepared It is also beneficial to examine Natu- based on EU WFD Regulations after ra 2000 Regulation that can be count- those undertakings. Even though this ed in international regulations since it study made important contribution by was prepared by EU in order to control revealing certain aspects, it could not environmental effects of HPP’s. Natura ensure creating a desired legal ground. 2000 is a natural environment protec- In the process of HPP projects, it is tion network that was determined in possible to have a situation that is con- the borders of European Union. Each trary to law since various wild living country that is a member of European beings’ (otter, wolf, coyote, bear, rupi- Union has to compile the most im- capra rupicapra ornate etc.) lives are portant natural habitats in its own ter- under the protection of many interna- ritories and species of flora and fauna tional contracts like Ramsar Contract that lives in there. Afterwards, this list (the Convention of Wetlands of Inter- should be delivered to European Com- national Importance), Bern Contract mission. If a space is observed that (Contract For Protecting Wild Life and should be in protection among those Habitat of Europe) and CITES Contract lists that was evaluated by relevant au- (Convention on International Trade in thorities, than those spaces are taken Endangered Species of Wild Fauna and into Natura 2000’s protection network. Flora), and if the living space of those Various adaptation studies were started animals can be disturbed due to the in order to be included to Natura 2000 HPP constructions and this resulted in network, however, there is no regula- mentioned species to leave the space tions or formal studies yet apart from or decrease in their species. Opening the related adaptation projects, meet- roads, dynamite explosions, noise due ings and conferences. to the construction equipment night Convention of Biological Diversity and day may lead those species to leave has another importance, which pro- their living space and feeding ground. vides guarantee of principles that oth- Even though in related EIA reports, er living beings right to live and sus- this situation attracted attention from tainability of lives, in HPP studies. In time to time and various measures of this convention, it was recommended conservations were recommended, to have “ecosystem approach” in the

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 167 projects like HPP. Ecosystem approach tion of the water resources was omit- is based on practicing the proper sci- ted in the convention, therefore, it entific methods by focusing levels of can be defended that convention has biological organizations and includ- no motive for enforcement in Turkey ing important structure, processes, in terms of HPP’s. While examining operations and interactions between the international regulations, we can organisms and their environments. It reach expectations about HPP process is accepted humans as interiorly com- from “Agenda 21 Action Plan” which ponent of many ecosystems with their is the ultimate statement of global ne- cultural diversity. Ecosystem approach gotiation and political commitment in provides an integral environment in making actualizing the term “sustain- practicing the goals of the Conven- able development” that targets balance tion of Biological Diversity. Approach within whole world’s countries and includes 3 important evaluations. The environment. In the road that opens first one defines the management of liv- to the future century, starting point ing components as not focusing on the of the Agenda 21 themed “sustainable species and management of habitats development” is United Nation’s En- but considering organization with eco- vironment and Development Confer- nomic and social evaluations in eco- ence which was called “Earth Summit” system level. The second article advises that was performed in Rio de Janeiro if fair management of the earth, water in June, 1992. We can look at the sec- and living resources should be sustain- tion “Providing Fresh Water Bodies able, than it is necessary to study with and Protecting Quality: Practicing In- natural limits and natural operation of tegral Approaches in Development, ecosystems needs to be used. Management and Usage of the Water Third and lastly, it should be under- Resources (Section 18)” in “Protection stood that ecosystem management is and Management of Resources for De- a social process. There are many com- velopment (Part II)” in the Agenda 21. munities to be included so that effective There is emphasizes in there to both in- and sufficient structures and processes tegral basin plannings and principle of can be developed for decision-making protecting-using the resources. Apart and management. The article “Equal from those information, when we ex- and fair share of the benefits that amine EU Integral Environmental comes from genetic resources” in the Harmony Strategy (UÇEŞ 2007-2023, convention is being ignored due to the ÇOB-2006) by Ministry of Environ- practices that is brought by “Shared ment and Forestry and, in return, EU Facilities” term which was in the reg- 2010 Progress Report, we can have an ulation “Water Usage Right Agree- external point of view about our poli- ment”. At the same time, while the cies on HPP’s. In the EU Integral Envi- related convention refers performing ronment Harmony Strategy, principles integral basin planning in construction like cross-sectoral integration, pay as of HPP’s, Turkey has not actualized you pollute, sustainable development a serious study about that issue. As a and protection of the natural resources different example, we can examine attract the attention. Among the strat- United Nation’s Convention for Com- egies that was defined in WFD context, bating Desertification, which focuses the statement “It will be ensured that recovery of land productivity, recovery, natural water resources and water eco- protection and sustainable manage- system’s usage will be sustainable (4. ment of land and water resources and Aim)” is aimed. However, ministry’s enhancing living conditions of espe- goal under this purpose digress and cially local communities in combating tend to go to very different way; “Ac- desertification and drought. Turkey, tion plan will be prepared until 2010 in which became a side of the convention order to prevent the pollution caused in 1998 with Law No. 4340 that was by drainage water due to the irrigation”. published in Official Gazette No. 23258 Apart from these, there is no evalu- in February 11,1998; in the strategies it ation related with HPP or Hydraulic developed regarding the convention, Energy under the title of Water Market the part about recovery and protec- inside UÇES. In response to the UÇES

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 168 and the developments in Turkey, the The most convenient scale for pro- EU 2010 Progress Report that was pre- tection, which different sectors and pared by EU, there are comments such source users are thought to be together, as to summarize all discussed process threatens and possibilities are evaluat- related with HPP’s until now. First of ed in long-term, watching the positive all, it was stated that investments on and negative effects of the intervention renewable energy came to a good point somewhere inside the basin, would be and bring investors from private sector organization of basin based upon hy- into the field. Secondly, the problems draulic limitations. First of all, in the about inefficacy of institutional frame- fields that HPP projects are planned work about water management, the in, integrated basin plans should be distress of not being organized in the designed and various values and us- level of river basin and not being able to age components in basins should be practice the management plans. Lastly, determined. It is definite that total en- it was reported that there are concerns vironmental effects of the projects is at about construction of the new water a scale that will spoil integrity of the and energy infrastructure in the east- ecosystem considering the number of ern side of the country like potentially projects to be built, the power of the negative effects on protected species of project and topographic conditions flora and fauna and possibility to re- of those projects. That is why, there move existing protection level of many needs to be an integrated EIA that areas that could contribute Turkish involves each project on the basis of Natura 2000 network which was sent basin, and integrated water usage reg- to TBMM (Grand National Assembly ulation plans based upon basins. It is of Turkey). Briefly, when the report is inevitable for HPP’s that were put into examined generally, it can be conclud- operation without making integrated ed to “A well progress was achieved in basin planning to cause irreversible the renewable energy. A limited prog- environmental disasters like landslides ress was done in the quality of water. caused by HPP’s in the Eastern Black There is no progress in the protection Sea. Besides, water detection studies of nature (URL 7; 8; 9; 19; 11). of the rivers where HPP projects will be constructed should contain long- 5. Conclusion term observations and should include It is a fact that Turkey as a develop- public seasonal water consumption ing country has an increasing energy amount. Those rates should be com- demand and foreign-energy depen- pared with the sap amount that was dency in these days. In recent years, planned to left in project files, and there is a huge tendency towards hy- sufficiency should be questioned by droelectric energy so that increasing including the ecosystem needs. EPDK energy demand can be med and for- and DSI General Management should eign-energy dependency would be definitely inform the related local insti- decreased. Benefiting from hydraulic tutions and organizations before giving energy at its utmost efficiency will the necessary allowances and should decrease the foreign-dependency in request an opinion from related insti- energy, and also it is important for tutions. Each project in the process of clean energy resources to be activat- license and EIA should be evaluated in ed. However, with “Electricity Market its own effect. There should be an inte- Law No. 4628” and referring to that grated evaluation. Allowance and EIA law, “License Regulations of Electric- processes should be performed much ity Market” and “Regulations about more captiously. In those stages, the Procedures and Principles Regarding opinions of the institutions and organi- Entering into Water Use Right Agree- zations should not be undertaking but ment”, HPP practices reached to very the project should be seriously exam- different dimensions. This process ined and possibilities should be written ended up with many legal entities, accordingly. The responsibility should which is not an expert of this job, like not be left only to the producer firm food firms, medical firms, or even in most of the possibilities. After com- sport clubs, tried to establish HPP. pleting projects, a presentation should

ITU A|Z • Vol 15 No 2 • July 2018 • O. Üçüncü 169 be made not only to local people but to sustentation, physical and chemi- only to science committee in the city cal features), in addition to his, it is a center that project will be constructed source that indispensable for all lives and a voting should be performed in and ecosystems and all society bene- an atmosphere of question and answer. fits from. For that reason, all attempts The people that have limited partici- aimed at usage of the water should be pation to the rural EIA meetings listen performed in the framework of public to the presenter and cannot ask any good. Mechanisms that will provide question. Because they are not familiar people’s access to the environmental with the topic and there are also some information and being involved in the other cultural issues. For example, they decision-making process should be could be intimidaded by the power ex- established. Not supply but demand erted by companies. At least 70% of the should be managed in the plans for us- people should participate. Public Par- ing water economical and for handing ticipation should be postponed in the water down the next generations with lower situations than that rate. When quality and sufficient amount. Turkey’s the participation reports are examined, water and environment policy should it can be understood that participators contain the principle that water does are mostly from firm, project team, not go to waste; all kind of precaution MEU city delegates. Without accepting should be taken to prevent interrup- submittal EIA project by performing tion of natural water cycle due to any two-stage Public Participation Meet- investment. ing, there should be no construction Many firms, which formed water work in the field by no means. usage contract with DSI, take nation- In the stage of license giving for al or international partners, or revolve project and right after starting to the HPP’s to totally international firms. construction, every step should be con- This situation may leave Turkey in trolled (video, photograph, document a difficult position due to the future etc.) with great details. There should be possible legal problems. This situation established a special inspection team, will reveal the existed commercial ar- which is expert in its topic and can bitration laws, and international firms be independent/sworn, that opens the getting right of disposition in Turkey’s room for inspectors to be taken to in- water resources will bring this topic to dependent jurisdiction. international platform. The environment law that is defined Rivers cannot be evaluated integral- in constitution can be a beginning of ly. The classification of HPP’s are being reaching an integral line of environ- done like kind of from the smallest to ment policy by developing right to live the biggest type (under 100kW power as a purpose with interpretation. How- is micro, 101-1000kW power is mini, ever, while this right is being used by 1001-10000kW power is middle sized society, an administrative organization and 10000 kW and more HPP’s are that will practice the court decisions large capacity power plants). in order not to damage society’s feel- There are HPP’s with various mag- ings about security of the legal order nitude of power on every river. Wheth- is a must. Besides, the environment er this much of HPP’s are economical policy’s, which was developed in the or not is not a thing that is examined decisiveness of international firms, deeply. Some of those are done by tendency that approach environment PTD, Final PTD, Snap EIA Report as a tool for one-day and development and Final EIA report, and in each of should be abandoned. Public good them, it is obvious that those economic and sustainability of the environment analysis were done due to the obliga- should be in the foreground in chosen tion. The maximum number of HPP policies, and first target should be ap- in each river and tributary of that river plicability in the decision of economic were made, being made and planned vehicles and justice. to made in East Black Sea Basin due to To conclude, water, first of all, is a its features. Some landslide lakes were matter ethically that has its own in- taken into evaluation for HPP con- trinsic value (along with the ability struction. In Sera Lake, a HPP is oper-

Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation 170 ating. However, a HPP is being thought sel İklim Değişiminin Doğu Karadeniz in Trabzon-Çaykara Uzungöl. İllerinde Hissedilmesi Örneği”, İTÜ It may be not right to oppose col- Atmosfer Bilimleri Sempozyumu, lecting water (reservoir, barrage lake) Bildiriler Kitabı II: 771-780, 2015. type of HPP and the type that works Çakmak, B., Uçar, Y., & Akuzum, T. through transportation of water to tur- (2007). Water resources management, bines with the help of open or closed problems and solutions for Turkey. In channels or tunnels without collect- International congress on river basin ing any water but bloating and with management (Vol. 1, pp. 867-880). a structure of deflection. However, it Dursun, B., & Gokcol, C. (2011). The is certain that using natural resourc- role of hydroelectric power and contri- es with commercialism will result in bution of small hydropower plants for negatively. Besides, it should be known sustainable development in Turkey. that there is a global climate change in Renewable Energy, 36(4), 1227-1235. the East Black Sea region (Üçüncü & Dyson, M., Bergkamp, G., Scanlon, Çanlı, 2015; Çanlı, 2015). This condi- J. (2003). IUCN-Waterand Nature Ini- tion is very important from planning tiative; The Essentials of Flow Report; to the operation stages. While one tries “http://data.iucn.org/dbtw-wpd/ed- to develop the economy, he should be ocs/2003-021.pdf” (Data Accessed: aware of the ecological balance that is August 01, 2015). an inseparable part of him and should Gökbulak, F., & Özhan, S. (2006). also try to protect it. The HPP projects Water loss through evaporation from to be held should be done magnificent- water surfaces of lakes and reservoirs ly and should both protect economic in Turkey. Official Publication of the and ecological balances, and this atti- European Water Association, EWA. tude should be supported. EROĞLU V., (2007). Water Re- Studies should speed up in order to sources Management In Turkey, In- increase the share of TEMSAN, which ternational Congress On River Basin is making turbine production in do- Management, 321-332. mestic manufacturing in HPP sector. Henry, O. (1939). U.S. Patent No. While using the natural resource 2,163,102. Washington, DC: U.S. Pat- values riches, the best evaluation meth- ent and Trademark Office. ods should be searched, the most suit- Hoppes, J. J. (1924). U.S. Patent No. able tools must be used, the method, 1,503,124. Washington, DC: U.S. Pat- essentials and techniques that will give ent and Trademark Office. the least damage to the environment Jongerden, J. (2010). Dams and poli- should be chosen. tics in Turkey: utilizing water, developing conflict. Middle East Policy, 17(1), References 137-143. Abou-Raphael, A. (2006). U.S. Pat- Kaygusuz, K., & Sarı, A. (2003). Re- ent Application No. 11/091,115. newable energy potential and utiliza- Balat, H. (2007). A renewable per- tion in Turkey. Energy conversion and spective for sustainable energy devel- management, 44(3), 459-478. opment in Turkey: the case of small Kaya, D., (2006), Türkiye’de Yenilen- hydropower plants. Renewable and ebilir Enerji Kaynaklarının Potansiyeli Sustainable Energy Reviews, 11(9), ve Çevresel Etkilerinin Karşılaştırıl- 2152-2165 ması, TÜBİTAK Marmara Araştırma Bilen, Ö. (1997). Turkey and water Merkezi s.11,25. issues in the Middle East. Southeastern Stummer, M. (2014). U.S. Patent No. Anatolia Project (GAP) Regional De- 8,857,166. Washington, DC: U.S. Pat- velopment Administration. ent and Trademark Office. Çanlı, Ö. (2015). Küresel İklim TMMOB, (2004). (Union of Cham- Değişiminin Doğu Karadeniz Bölge- bers of Turkish Engineers and Archi- si’nde İncelenmesi, Fen Bilimleri En- tects), Working Report, 2004 (Data stitüsü, Çevre Bilimleri Anabilim Dalı, Accessed: September 04, 2015) Karadeniz Teknik Üniversitesi, Trab- TMMOB, (2009). Water Report, zon Global Water Policies and Turkey, 2009 Çanlı, Ö.; Üçüncü, O., (2015). “Küre- (Data Accessed: September 04, 2015).

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Latest status of hydropower plants in Turkey: Technical, environmental policy and environmental law from the perspective of the evaluation