{"id":27923,"date":"2024-02-12T18:17:22","date_gmt":"2024-02-12T17:17:22","guid":{"rendered":"https:\/\/www.vtei.cz\/?p=27923"},"modified":"2024-08-27T11:11:13","modified_gmt":"2024-08-27T10:11:13","slug":"protected-areas-of-natural-water-accumulation-their-meaning-in-the-current-system-of-water-environment-protection","status":"publish","type":"post","link":"https:\/\/www.vtei.cz\/en\/2024\/02\/protected-areas-of-natural-water-accumulation-their-meaning-in-the-current-system-of-water-environment-protection\/","title":{"rendered":"Protected areas of natural water accumulation \u2013 their meaning in the current system of water environment protection"},"content":{"rendered":"<h2>ABSTRACT<\/h2>\n<p>This article discusses the\u00a0development, management, and use of the\u00a0landscape in the\u00a0form of a\u00a0declaration of a\u00a0Protected Area of Natural Water Accumulation (CHOPAV). It examines the\u00a0importance of this method of protection in the\u00a0water protection system under the\u00a0requirements of the\u00a0Water Framework Directive and other European directives which have been incorporated into the\u00a0legislation of the\u00a0Czech Republic. It looks at the\u00a0possibilities of using this tool in water management to deal with problems caused by climate change. Based on the\u00a0research and analysis carried out, the\u00a0article recommends modifications to the\u00a0CHOPAV regime and area modifications, as well as expansion to other sites.<\/p>\n<h2>INTRODUCTION<\/h2>\n<p>In the\u00a0former Czechoslovakia, water management was handled systematically; legislative instruments, a\u00a0theoretical approach to water protection, and rational use and development of water resources were at a\u00a0good standard. Application of the\u00a0proclaimed principles in practice was less successful. After the\u00a0Czech Republic joined the\u00a0European Union, EU directives in the\u00a0field of water management had to be adopted and reflected in our legislation. There was an effort to preserve all functional instruments and modify them in a\u00a0form compatible with the\u00a0requirements of these directives. The\u00a0main document that was incorporated into the\u00a0legislation of the\u00a0Czech Republic was the\u00a0Water Framework Directive; however, it focuses mainly on the\u00a0watercourse itself, including its morphology, while paying little attention to the\u00a0landscape in the\u00a0basin. Legislative tools used for the\u00a0comprehensive protection of basins, such as protected areas of natural water accumulation (chr\u00e1nn\u00e9 oblasti pirozen\u00e9 akumulace vod; CHOPAV), have thus become a\u00a0certain relict in the\u00a0new water management system.<\/p>\n<p>Current research as well as a\u00a0number of projects focus on investigating the\u00a0effects of climate change and the\u00a0possibilities of mitigating its negative impact. In addition to the\u00a0search for new procedures and the\u00a0enforcement of new regulations and decrees, the\u00a0possibilities of using existing tools are being explored; protection in the\u00a0form of CHOPAV is one of them.<\/p>\n<p>The knowledge gained during the\u00a0implementation of the\u00a0project \u201eADAPTAN II \u2013 Integrated approaches to the\u00a0adaptation of the\u00a0landscape of the\u00a0Moravian-Silesian Region to climate change\u201c led us to writing this article. We are trying to find an answer to the\u00a0following questions: In the\u00a0context of the\u00a0current ongoing climate change, does the\u00a0protection of in the\u00a0form of CHOPAV make sense? And is large-scale nature conservation in the\u00a0form of national parks (NP) and protected landscape areas (PLA) sufficient enough for surface water and groundwater protection?<\/p>\n<h2>METHODS<\/h2>\n<p>This issue falls within the\u00a0responsibility of several ministries; apart from the\u00a0Ministry for Regional Development (spatial planning), it is also the\u00a0Ministry of the\u00a0Environment (water protection) and, in particular, the\u00a0Ministry of Agriculture. It is responsible for basin management, the\u00a0provision of drinking water, and connecting municipalities to sewage systems; at the\u00a0same time, the\u00a0required measures and regulations affect agricultural management and forestry.<\/p>\n<p>In searching for answers to the\u00a0above questions, we chose the\u00a0following procedures: different types of area protection were compared with the\u00a0requirements imposed by law and government regulations for management and activities in CHOPAV. Subsequently, we analysed the\u00a0overall relationships within area protection by various legislative tools. For the\u00a0analysis, we used ESRI ArcGIS geo-information software designed to display and process geographic data using DIBAVOD and ZABAGED databases. Subsequently, we searched for cases where the\u00a0affiliation of an area to the\u00a0declared CHOPAV was used to assess the\u00a0permissibility of carrying out certain activities in the\u00a0area. One of the\u00a0important steps was also a\u00a0comparison of the\u00a0approach to comprehensive landscape and water protection in the\u00a0Czech Republic and in neighbouring countries.<\/p>\n<p>Based on discussion of the\u00a0obtained results, we made concrete proposals and recommendations for the\u00a0further development and use of water protection through CHOPAV.<\/p>\n<h2>RESULTS<\/h2>\n<h3>CHOPAV in past and current legislation<\/h3>\n<p>Searching and linking related legislation brought some fundamental insights.<\/p>\n<p>The first mention of CHOPAV in the\u00a0Czechoslovak legal environment is in the\u00a0Water Act of 1973 (No. 138\/1973 Coll., Part Three \u2013 Water Protection, Section\u00a01\u00a0\u2013 Protection of Natural Accumulation of Water and Water Resources, Section\u00a018).<\/p>\n<p>It\u00a0mentions that the\u00a0government can designate areas with natural conditions for significant natural water accumulation as protected water management areas and prohibit activities that threaten water management conditions in the\u00a0area. During the\u00a0period of validity of this law, four amendments were issued which, however, no longer applied to CHOPAV. The\u00a0individual CHOPAVs were declared gradually with the\u00a0entry of relevant government regulations into force\u00a0[1].<\/p>\n<p>In these legal regulations, the\u00a0overall scope was determined and prohibited activities were defined by name and individually for each area.<\/p>\n<p>In the\u00a0current wording of the\u00a0Water Act No. 254\/2001 Coll.\u00a0[2], CHOPAV is mentioned in several sections; the\u00a0important thing is that this type of area protection is still valid, even after the\u00a0admission of the\u00a0Czech Republic to the\u00a0EU.<\/p>\n<p>According to Section 28 of this law, CHOPAV aims at the\u00a0preventive protection of areas in which water naturally accumulates against activities that could endanger its quality or quantity. Protection is implemented through exhaustively listed bans (Section 28, paragraph 2), the\u00a0scope of which is determined by government regulation. The\u00a0law gives the\u00a0government general authority to declare protected areas of natural water accumulation and the\u00a0extent of restrictions or prohibitions of activities that can be implemented in them. Another important provision in Section 108 is that the\u00a0competence of the\u00a0central water authority in CHOPAV matters is exercised by the\u00a0Ministry of the\u00a0Environment.<\/p>\n<p>The boundaries of the\u00a0existing areas are defined in Government Regulations\u00a0(GR) No. 40\/1978 Coll., No. 10\/1979 Coll., No. 85\/1981 Coll., where all prohibitions are defined and later adopted into the\u00a0currently valid Water Act. They are mainly prohibitions to:<\/p>\n<ul>\n<li>drain forest land,<\/li>\n<li>drain agricultural land,<\/li>\n<li>extract peat,<\/li>\n<li>perform surface extraction of minerals,<\/li>\n<li>carry out other work that would lead to the\u00a0uncovering of a\u00a0continuous groundwater level.<\/li>\n<\/ul>\n<p>Currently, 19 protected areas of natural water accumulation are declared in the Czech Republic by these government regulations from 1978\u20131981 [1]. Of this number, 13 areas are focused on surface water protection and six areas on\u00a0groundwater protection. A\u00a0summary map of CHOPAV areas including their type is shown in <em>Fig.\u00a01<\/em>.<\/p>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-1-1.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"569\" class=\"alignleft size-full wp-image-27983 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-1-1.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-1-1.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-1-1-300x213.jpg 300w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-1-1-768x546.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/569;\" \/><\/a>\n<h6>Fig.\u00a01. CHOPAV areas compared with large-scale nature protection \u2013 numerical designation of CHOPAV areas (1 \u2013 Chebsk\u00e1 p\u00e1nev and Slavkovsk les, 2 \u2013 Krun\u00e9 hory, 3 \u2013 umava, 4\u00a0\u2013\u00a0Brdy, 5 \u2013 Novohradsk\u00e9 hory, 6 \u2013 Tebosk\u00e1 p\u00e1nev, 7 \u2013 Severoesk\u00e1 k\u00edda, 8 \u2013 Jizersk\u00e9 hory, 9 \u2013 Krkonoe, 10 \u2013 Polick\u00e1 p\u00e1nev, 11 \u2013 Orlick\u00e9 hory, 12 \u2013 Vchodoesk\u00e1 k\u00edda, 13 \u2013 \u00e1rsk\u00e9 vrchy, 14 \u2013 amberk \u2013 Kr\u00e1l\u00edky, 15 \u2013 Jesen\u00edky, 16 \u2013 Quaternary of the\u00a0Morava river, 17 \u2013 Vset\u00ednsk\u00e9 vrchy, 18 \u2013 Beskydy, 19 \u2013 Jablunkovsko)<\/h6>\n<p>These areas were declared in accordance with the\u00a0legislation in force at the\u00a0time; the\u00a0question is currently arising about the\u00a0appropriateness or even the\u00a0necessity of revising the\u00a0requirements of the\u00a0then government regulations with regard to the\u00a0requirements of the\u00a0current legislation. We are also considering whether it would be appropriate to establish this type of protection for other areas. Although the\u00a0conditions for both types of CHOPAV areas are similar, a\u00a0distinction must be made between areas protected as surface water or groundwater. <em>Fig.\u00a02<\/em> shows a\u00a0comparison of the\u00a0characteristic differences of the\u00a0landscape in both types: in the\u00a0case of groundwater, it is often the\u00a0protection of the\u00a0floodplain of the\u00a0lower reaches of large rivers; in the\u00a0case of surface water, it is mainly the\u00a0protection of mountain areas.<\/p>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-2.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"407\" class=\"alignleft size-full wp-image-27827 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-2.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-2.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-2-300x153.jpg 300w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-2-768x391.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/407;\" \/><\/a>\n<h6>Fig.\u00a02. Landscape in CHOPAV area of groundwater and surface water: Quaternary of the\u00a0Morava river in Litovelsk\u00e9 Pomorav\u00ed, Jablunkovsko \u2013 upstream of the\u00a0Lomn\u00e1 river<\/h6>\n<h3>Relationship between CHOPAV and other large-scale area protection<\/h3>\n<p>In the\u00a0Czech Republic, wildlife and landscape have been protected by legislative tools of various nature since the\u00a0second half of the\u00a020th century (1955) to the\u00a0present day (scope of the\u00a0Act on the\u00a0Protection of Nature and Landscape No. 114\/1992 Coll.).<\/p>\n<p>One of the\u00a0most important tools for the\u00a0protection of wildlife and the\u00a0landscape is the\u00a0protection of land, which is carried out through specially protected areas. The\u00a0Nature and Landscape Protection Act [2] defines six categories of specially protected areas, of which national parks (NP) and protected landscape areas (PLA) significantly extend or exceed the\u00a0area of a\u00a0total of 13 CHOPAV areas. Other categories, such as national nature reserves (NNR), nature reserves (NR), national natural monuments (NNM), and natural monuments (NM), do not have a\u00a0decisive influence on activities in CHOPAV, as well as areas included in the\u00a0Natura 2000 system and geoparks.<\/p>\n<p>Sites where CHOPAV areas were declared are sometimes completely, sometimes partially covered by a\u00a0PLA or NP (<em>Fig.\u00a01<\/em>). Their overlap was based on what was protected by the\u00a0given current legislative tool and what was considered important at that time.<\/p>\n<p>An overview of the\u00a0scope of CHOPAV areas and their overlap with nature protection areas (PLAs, NPs) is shown in <em>Tab. 1<\/em>. Litovelsk\u00e9 Pomorav\u00ed PLA extends only marginally into the\u00a0CHOPAV area of Quaternary of the\u00a0Morava river. esk r\u00e1j PLA was expanded in 2002, and Koko\u00ednsko \u2013 M\u00e1chv kraj PLA was also expanded in 2014. In the\u00a0case of umava, the\u00a0PLA was declared in 1963 and the\u00a0NP in 1991. Severoesk\u00e1 k\u00edda CHOPAV still extends marginally into the\u00a0esk\u00e9 stedoho\u00ed, Labsk\u00e9 p\u00edskovce, and Luick\u00e9 hory PLAs, as well as into Bohemian Switzerland NP.<\/p>\n<h5>Tab. 1. Relation of areas that belong to water protection under CHOPAV, protected landscape area (PLA), and national park (NP) NP)<\/h5>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"1119\" class=\"alignleft size-full wp-image-27821 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1-214x300.jpg 214w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1-732x1024.jpg 732w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-1-768x1074.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/1119;\" \/><\/a>\n<p>&nbsp;<\/p>\n<h3>Relationship between CHOPAV and the\u00a0LAPV basin<\/h3>\n<p>The area protected as a\u00a0site for the\u00a0accumulation of surface water (lokalita pro akumulaci povrchovch vod, LAPV) is a\u00a0designation for the\u00a0area earmarked for the\u00a0possible construction of a\u00a0water reservoir. Activities are only permitted which do not make it impossible or significantly difficult for the\u00a0future use of the\u00a0site for surface water accumulation. For this purpose, the\u00a0area must be morphologically, geologically, and hydrologically suitable. The\u00a0area protected for the\u00a0accumulation of surface water is a\u00a0legislative term defined in the\u00a0Water Act, which was added as a\u00a0part of its amendment in 2008.<\/p>\n<p>Individual areas are listed in the General of Areas Protected for Surface Water Accumulation (General LAPV) [3], which is prepared by the Ministry of Agriculture in agreement with the Ministry of the Environment. The purpose of their protection is that if necessary, these sites can be used in the long term as one of the adaptation measures against climate change. These sites are continuously and repeatedly checked using the latest knowledge about climate development (e.g. Vizina et al. [4]). Sites enter the spatial planning process as a\u00a0\u201earea reserve\u201c at the\u00a0level of the\u00a0Principles of Regional Development. The\u00a0second version of General LAPV, published in 2020, is the\u00a0basis for the\u00a0map in <em>Fig.\u00a03<\/em>.<\/p>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-3.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"525\" class=\"alignleft size-full wp-image-27825 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-3.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-3.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-3-300x197.jpg 300w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-3-768x504.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/525;\" \/><\/a>\n<h6>Fig.\u00a03. CHOPAV areas in relation to basin sites for the\u00a0accumulation of surface water<\/h6>\n<p>LAPV category A\u00a0(whose importance for water management lies primarily in the\u00a0ability to create or supplement sources for drinking water supply and possibly perform other functions, especially positive influence on the\u00a0runoff conditions of large basins) as well as LAPV category B (which are suitable for flood protection, coverage of water abstraction requirements and improvement of discharge) are currently only protected to the\u00a0extent of the\u00a0future flooded area. The\u00a0basins of these possible future reservoirs have no legislative protection resulting from the\u00a0inclusion of the\u00a0relevant LAPV in the\u00a0General.<\/p>\n<p>In the\u00a0case of existing water reservoirs, the\u00a0protection of their basins is ensured in the\u00a0form of protection zones for vulnerable water resources. For the\u00a0LAPV basins, there is currently no targeted protection. Therefore, CHOPAV could be a\u00a0suitable tool for such protection. For this reason, we carried out a\u00a0spatial analysis of the\u00a0current condition, and in the\u00a0map in <em>Fig.\u00a03<\/em>, LAPVs are shown according to the\u00a0protection of their basins due to the\u00a0existence of CHOPAVs. We consider those whose entire basin falls within the\u00a0CHOPAV to be the\u00a0best protected, the\u00a0second group are those where at least part of their basin in the\u00a0spring area is protected. The\u00a0third group consists of those that do not currently have any watershed protection. These sites, which are also found in larger groups, such as in Vysoina or in western Bohemia, give impetus to the\u00a0expansion of an existing CHOPAV, or to the\u00a0declaration of a\u00a0new one.<\/p>\n<h3>Other legislative tools for comprehensive protection of\u00a0the\u00a0aquatic environment<\/h3>\n<p>There are other tools in the\u00a0environmental protection system that can be used for general water protection. However, they are directed only to a\u00a0specific activity. For example, the\u00a0requirements of the\u00a0Nitrate Directive [5] fall under agricultural management. It is an EU directive created to protect water from nitrate pollution from agriculture. According to its requirements, so-called vulnerable areas have been earmarked which already show an increased nitrate content in water and where stricter requirements for agricultural land management are applied. Compared to the\u00a0long-declared and unchanged CHOPAV, these vulnerable areas are regularly updated according to monitoring results.<\/p>\n<p>All surface waters in the\u00a0Czech Republic were also defined as sensitive areas according to the\u00a0Urban Waste Water Treatment Directive [6]. It aims to limit the\u00a0entry of phosphorus into surface waters, which is especially important for existing and future water reservoirs.<\/p>\n<p>Almost a third of the forests in the Czech Republic are forests of water management significance with specific water management functions. These are forests in protection zones for vulnerable water resources and forests in protected areas of natural water accumulation. Forests in mountain CHOPAV have a water protection, anti-erosion, infiltration, and drainage function with the same management as in protection zones for vulnerable water resources. However, if there is destruction of forest stands or salvage cutting, technical melioration \u2013 drainage \u2013 must be carried out on the resulting clearings in order\u00a0to prepare favourable conditions for forest restoration. There is thus a\u00a0conflict with the\u00a0requirements of the\u00a0Water Act, where for CHOPAV \u201c&#8230; it is flatly prohibited to drain forest land\u201c [7].<\/p>\n<h3>The position of CHOPAV in the\u00a0spatial planning process<\/h3>\n<p>When proposing the\u00a0use of land for certain functions and activities, it is necessary to deal with a\u00a0number of prohibitions or restrictions resulting from various legal regulations. These prohibitions and restrictions enter the\u00a0spatial planning activity as \u201eLimits on land use.\u201c This means restrictions due to the\u00a0protection of public interests, restrictions resulting from legal regulations, or from the\u00a0characteristics of the\u00a0area. Area limits are therefore not another legislative tool; on the\u00a0contrary, in the\u00a0form of area analytical documents [8], they summarize the\u00a0legislative requirements for the\u00a0given phenomenon in one document, and are thus an aid for those preparing spatial plans.<\/p>\n<p>The Ministry for Regional Development issued Methodological Instructions\u00a0[9], where it refers to \u201eLimits of land use\u201c, specifically to Limit No.\u00a04.1.114 \u2013 Land use in declared CHOPAVs.<\/p>\n<p>Part of this Limit is presented in <em>Tab. 2<\/em>.<\/p>\n<h5>Tab. 2. Limits and other requirements for land use, as of 1st July 2023<\/h5>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-2-1.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"967\" class=\"alignleft size-full wp-image-28057 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-2-1.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-2-1.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-2-1-248x300.jpg 248w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-2-1-768x928.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/967;\" \/><\/a>\n<p>&nbsp;<\/p>\n<h3>CHOPAV issues focused on groundwater<\/h3>\n<p><strong><span style=\"color: #4cad1c;\">Geological structure of the\u00a0CHOPAV areas in the\u00a0Czech Republic<\/span><\/strong><\/p>\n<p>The geological structure of the\u00a0Czech Republic is very complex due to the\u00a0existence of two completely different units with completely different geological development. A\u00a0certain degree of generalization is necessary for its description and subsequent work. The\u00a0Hydroecological Information System (HEIS) was used for a\u00a0simplified description of the\u00a0geology in the\u00a0CHOPAV areas:<\/p>\n<ul>\n<li>Carpathian flysch \u2013 Beskydy, Jablunkovsko, Vset\u00ednsk\u00e9 vrchy,<\/li>\n<li>Metamorphites and sediments of the\u00a0culm \u2013 Jesen\u00edky,<\/li>\n<li>Metamorphites \u2013 amberk \u2013 Kr\u00e1l\u00edky, Orlick\u00e9 hory, \u00e1rsk\u00e9 vrchy, Krkonoe, Krun\u00e9 hory, umava,<\/li>\n<li>Quaternary sands, gravels \u2013 Quaternary of the\u00a0Morava river,<\/li>\n<li>Cretaceous sandstones, claystones \u2013 Vchodoesk\u00e1 k\u00edda, Polick\u00e1 p\u00e1nev, Severoesk\u00e1 k\u00edda,<\/li>\n<li>Acidic igneous rocks and volcanics, tertiary sediments \u2013 Jizersk\u00e9 hory, Chebsk\u00e1 p\u00e1nev and Slavkovsk les,<\/li>\n<li>Mafic igneous rocks and volcanics \u2013 Brdy,<\/li>\n<li>Tertiary sediments \u2013 Tebosk\u00e1 p\u00e1nev.<\/li>\n<\/ul>\n<p>According to lithology, the\u00a0aquifer rock environment that forms the\u00a0subsoil of the\u00a0CHOPAV area is vulnerable to pollution wherever overlying hydrogeological insulators, which could prevent it, are not developed. Precipitation infiltration occurs on the\u00a0surfaces of hydrogeological collectors, while hydrogeological insulators prevent pollution in areas of drainage and groundwater accumulation. Basin structures which are Cretaceous formations and Tertiary sediments are well protected in the\u00a0water accumulation areas by overlying insulators. Crystalline rocks are more vulnerable from the\u00a0point of view of groundwater formation which, like CHOPAV, are protected from the\u00a0point of view of surface water and, at the\u00a0same time, form a\u00a0subsidy (infiltration) background for basin structures. Examples include the\u00a0Jesen\u00edky Mountains and Quaternary of the\u00a0Morava river (two adjacent CHOPAVs) and Chebsk\u00e1 p\u00e1nev (one CHOPAV).<\/p>\n<p><strong><span style=\"color: #4cad1c;\">Groundwater zones<\/span><\/strong><\/p>\n<p>Groundwater zones were newly defined by Decree No. 5\/2011 Coll., on the\u00a0definition of groundwater zones and groundwater bodies, the\u00a0method of assessing groundwater status and the\u00a0requirements of programmes for the\u00a0detection and assessment of groundwater status [10]. The\u00a0groundwater zone is a\u00a0basic balance unit and is \u201edefined on the\u00a0basis of natural characteristics, especially according to hydrogeological conditions, type of irrigation, and groundwater circulation\u201c. If we compare the\u00a0boundaries of CHOPAV (announced for groundwater in 1981) with the\u00a0boundaries of groundwater zones, it is clear that they do not correspond in most cases (<em>Fig.\u00a04<\/em>). <em>Tab. 3<\/em> shows all the\u00a0groundwater zones that, with their projected area, extend into the\u00a0CHOPAV area declared for groundwater. The\u00a0situation at Severoesk\u00e1 k\u00edda CHOPAV is the\u00a0most complex; it includes three layers of hydrogeological zones \u2013 basal collector zones, base layer zones, and upper layer zones.<\/p>\n<h6><a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-4-1.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"979\" class=\"alignleft size-full wp-image-27979 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-4-1.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-4-1.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-4-1-245x300.jpg 245w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-obr-4-1-768x940.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/979;\" \/><\/a><\/h6>\n<h6>Fig.\u00a04. CHOPAV areas in relation to groundwater zones<\/h6>\n<h5>Tab. 3. Relationship between CHOPAV areas focused on groundwater and groundwater zones<\/h5>\n<a href=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-3-1.jpg\" rel=\"shadowbox[sbpost-27923];player=img;\"><img decoding=\"async\" width=\"800\" height=\"759\" class=\"alignleft size-full wp-image-27961 lazyload\" data-src=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-3-1.jpg\" alt=\"\" data-srcset=\"https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-3-1.jpg 800w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-3-1-300x285.jpg 300w, https:\/\/www.vtei.cz\/wp-content\/uploads\/2024\/02\/Sedlacek-tab-3-1-768x729.jpg 768w\" data-sizes=\"(max-width: 800px) 100vw, 800px\" src=\"data:image\/svg+xml;base64,PHN2ZyB3aWR0aD0iMSIgaGVpZ2h0PSIxIiB4bWxucz0iaHR0cDovL3d3dy53My5vcmcvMjAwMC9zdmciPjwvc3ZnPg==\" style=\"--smush-placeholder-width: 800px; --smush-placeholder-aspect-ratio: 800\/759;\" \/><\/a>\n<p>The aim of CHOPAV is to limit activities that affect shallow groundwater circulation \u2013 reducing the\u00a0infiltration capacity of precipitation (reducing the\u00a0area of forest stands) or draining the\u00a0landscape (land drainage); also, to eliminate interventions in aquifers that can lead to their damage \u2013 uncovering the\u00a0groundwater level in the\u00a0upper layer zones or mining of radioactive raw materials in basal collector zones.<\/p>\n<p><strong><span style=\"color: #4cad1c;\">Conflict of interests in practice \u2013 protection of groundwater versus gravel sand deposits<\/span><\/strong><\/p>\n<p>A\u00a0significant conflict of interests is taking place in the\u00a0Quaternary of the\u00a0Morava river CHOPAV in the\u00a0cadastre of Uhersk Ostroh, on the\u00a0border of the\u00a0South Moravian and Zl\u00edn regions. The\u00a0Moravsk P\u00edsek \u2013 Uhersk Ostroh gravel-sand deposit is demarcated on the\u00a0Uhersk Ostroh cadastre, the\u00a0extraction of which would expose the\u00a0free groundwater level. However, this should not happen within CHOPAV. At a\u00a0distance of about 500 m from the\u00a0boundary of the\u00a0exclusive deposit, there is the\u00a0boundary of the\u00a0first stage protection zone of the\u00a0Bzenec Water Resource \u2013 complex of receiving well III north. Simultaneously, the\u00a0active zone of the\u00a0floodplain runs through the\u00a0exclusive deposit. Drinking water from the\u00a0Bzenec Water Resource \u2013 complex supplies 140,000 inhabitants in southeastern Moravia. If the\u00a0water from a\u00a0flood penetrated into the\u00a0exposed groundwater level, it would create a\u00a0major problem for drinking water supply. A\u00a0significant risk factor is the\u00a0fact that, after the\u00a0possible extraction of the\u00a0gravel-sand deposit, the\u00a0mining pit will have a\u00a0groundwater level exposed even after the\u00a0deposit restoration [11].<\/p>\n<h3>Approach to comprehensive landscape and water protection in neighbouring countries<\/h3>\n<p>In Slovakia, due to the\u00a0common government in the\u00a0past, 10 CHOPAV areas (chr\u00e1nen\u00e9 oblasti prirodzenej akumul\u00e1cie v\u00f4d in Slovak) or protected water management areas (chr\u00e1nen\u00e9 vodohospod\u00e1rsk\u00e9 oblasti, CHVO) were declared by government decree, just as in the\u00a0Czech Republic, in 1978 and 1987.<\/p>\n<p>In contrast to the\u00a0Czech Republic, the\u00a0issue of CHVO areas in Slovakia has been unified and updated into one comprehensive approach for groundwater and surface water protection, namely in Act No. 305\/2018 Coll. [12]. The\u00a0aforementioned law is intended exclusively to protect the\u00a010 most valuable areas in which the\u00a0largest groundwater reserves are located. CHVO occupy 6,942\u00a0km2, which represents 14.16 % of the\u00a0total area of Slovakia. The\u00a0largest part of the\u00a0CHVO area is occupied by forests, which make up 67 % of the\u00a0area. As in the\u00a0Czech Republic, large-scale water protection in Slovakia is separated from landscape protection in the\u00a0form of a\u00a0national park or protected landscape area; the\u00a0difference lies only between the\u00a0method of administration and management requirements in these areas.<\/p>\n<p>Other neighbouring countries do not have large-scale water protection in the\u00a0form of our CHOPAVs; water protection is managed in basins in accordance with the\u00a0Water Framework Directive. It is also one of the\u00a0components, not a\u00a0priority, in landscape protection in national parks and other types of nature conservation.<\/p>\n<p>In Poland, protected areas are defined by the\u00a0Act of 16 April 2004 on nature conservation (Ustaw z\u00a0dnia 16 kwietnia 2004 r. o\u00a0ochronie przyrody). Protected areas are declared in ten categories, two of which are large-scale \u2013 national park (park narodowy \u2013 23 in total) and protected landscape area (park krajobrazowy \u2013 125 protected areas). On the\u00a0border with the\u00a0Czech Republic lies Karkonoski Park Narodowy (Karkonosze National Park) adjacent to the\u00a0Czech Krkonoe National Park, Park Narodowy G\u00f3r Stoowych (Stoowe Mountains National Park), which is a\u00a0continuation of the\u00a0Czech Broumovsko Protected Landscape Area, and also nienicki Park Krajobrazowy (nienik Landscape Park) adjacent to the\u00a0Czech Kr\u00e1lick Snn\u00edk mountain range.<\/p>\n<p>There are a\u00a0total of 16 national parks in Germany. Nationalpark S\u00e4chsische Schweiz (Saxon Switzerland National Park) is adjacent to the\u00a0Czech border, adjoining Bohemian Switzerland National Park. Another border national park is Bayerischer Wald (Bavarian Forest), which together with umava National Park forms one of the\u00a0largest bilateral national parks in Central Europe. According to data from the\u00a0Federal Agency for Nature Conservation, at the\u00a0end of 2008 there were 7,203 protected landscape areas in the\u00a0Federal Republic of Germany, covering 9.9 million hectares. This corresponds to approximately 28 % of the\u00a0area of Germany. In German Saxony and Bavaria, as federal states neighbouring the\u00a0Czech side, the\u00a0following can be named as protected areas: Zittau Mountains (Zittauer Gebirge), occupying the\u00a0German part of the\u00a0Lusatian Mountains; Saxon Switzerland (S\u00e4chsische Schweiz), followed by the\u00a0Elbe Sandstone Protected Landscape Area; Bohemian Switzerland National Park; and Upper Bavarian Forest Nature Park (Naturpark Oberer Bayerischer Wald).<\/p>\n<p>There are six national parks in Austria. The\u00a0oldest park is Hohe Tauern National Park (Nationalpark Hohe Tauern), which was declared in 1981. Thayatal National Park is adjacent to Podyj\u00ed National Park on the\u00a0Czech side. Other categories such as \u201eprotected landscape areas\u201c or \u201enature parks\u201c only exist in some federal states. In 2009, there were 247 areas with the\u00a0status of a\u00a0protected area in Austria with an area of 2,696 km (about 15 % of the\u00a0country).<\/p>\n<h2>DISCUSSION<\/h2>\n<p>From a general point of view, CHOPAV is a very important tool for protecting the quantity and quality of surface water and groundwater where significant accumulations of these waters are created, which are used for water supply or potentially usable for water supply. The biggest legislative problem lies in the fact that, even though CHOPAV is included as an instrument of the Water Act (No. 254\/2001 Coll., as amended), the individual areas were declared by Government Regulations No. 40\/1978 Coll., No. 10\/ 1979 Coll., No. 85\/1981 Coll.,\u00a0within the\u00a0previous Water Act No. 138\/1973 Coll. This creates practical problems when requiring compliance with restrictive measures, including dealing with loss to landowners, etc.<\/p>\n<p>There is an opinion (including the\u00a0Ministry of the\u00a0Environment) that where the\u00a0area is protected, for example, in the\u00a0form of a\u00a0PLA, further protection is unnecessary. In practice, however, it appears that PLA administrations do not have the\u00a0obligation and often do not even have the\u00a0necessary expertise to comment on specific problems of protection, creation, and maintenance of conditions for natural water accumulation.<\/p>\n<p>In this sense, CHOPAV appears to be a\u00a0relatively weak legislative tool compared to the\u00a0promotion of other interests, also due to the\u00a0absence of an administrator of these areas. An example can be an important source of groundwater for supplying the\u00a0population with drinking water \u2013 Bezov\u00e1 nad Svitavou catchment area. The\u00a0water source itself, including the\u00a0protection zones, is located within Vchodoesk\u00e1 k\u00edda CHOPAV and should be uniformly managed in this area. In the\u00a0case of conflict of interests in this area, it will be dealt with by the\u00a0owner or operator of the\u00a0water resource, a\u00a0municipal authority, a\u00a0municipality with extended powers, a\u00a0regional authority with the\u00a0water rights agenda, or the\u00a0Ministry of the\u00a0Environment as the\u00a0last resort, who is, by law, the\u00a0central authority; otherwise, there is virtually no one to contact within the\u00a0entire CHOPAV.<\/p>\n<p>CHOPAVs were announced with the\u00a0aim of protecting areas that are important for the\u00a0creation of surface water and groundwater sources. Since their announcement, there has been a\u00a0significant legislative change in the\u00a0area division of groundwater in the\u00a0Czech Republic \u2013 the\u00a0definition of groundwater zones. These are the\u00a0basic area unit from the\u00a0point of view of assessing the\u00a0condition of groundwater and providing the\u00a0basis for the\u00a0performance of public administration and spatial planning. In the\u00a0case of CHOPAVs, it would be advisable to revise their boundaries and bring them into line with the\u00a0boundaries of the\u00a0groundwater zones, or to make the\u00a0boundaries of CHOPAV superior to groups of groundwater zones, if CHOPAV also includes the\u00a0subsidy background of the\u00a0upper layer zone.<\/p>\n<p>One could also argue that protection in the\u00a0form of CHOPAV is unnecessary as it is not applied in the\u00a0majority of neighbouring countries. The\u00a0opposite can be presented, for example, in the\u00a0area of the\u00a0Ore Mountains. On the\u00a0German or Czech side, no comprehensive method of nature conservation is applied; it is always only a\u00a0matter of small areas protecting only a\u00a0specific natural feature, etc. The\u00a0Ore Mountains CHOPAV is thus the\u00a0only comprehensive protection of this area valuable for water management and nature.<\/p>\n<h3>Proposals for changes and new approaches to CHOPAV<\/h3>\n<p>From the\u00a0water protection point of view, CHOPAV is still of irreplaceable importance. However, updating is necessary, similar to the\u00a0one in Slovakia in 2019. Each existing area should be re-evaluated with regard to the\u00a0overall scope, and also the\u00a0modification of the\u00a0given prohibited activities in relation to today\u2019s\u00a0use of the\u00a0area, nature conservation, and natural conditions.<\/p>\n<p>Within the\u00a0CHOPAV framework, it is forbidden to drain land. Due to the\u00a0periods of drought, it would be advisable to eliminate the\u00a0drainage on CHOPAV areas that occurred before they were announced, which would reduce water runoff from the\u00a0landscape. For example, in umava PLA, which is also CHOPAV, these measures are already being implemented on peatland areas.<\/p>\n<p>It would be appropriate to increase the\u00a0legislative status of CHOPAV in relation to extraction of raw materials, which increases the\u00a0risk of contamination of drinking water resources in the\u00a0case of gravel sand extraction from groundwater.<\/p>\n<p>The risk of connecting aquifers as a\u00a0result of the\u00a0implementation of boreholes for heat pumps, especially in chalk CHOPAVs, has appeared as a\u00a0new problem. Boreholes for heat pumps that connect aquifers also represent a\u00a0qualitative and quantitative risk for groundwater.<\/p>\n<p>It is necessary to consider declaring some new areas with CHOPAV type protection. The\u00a0first could be the\u00a0floodplain and the\u00a0spring area of the\u00a0Odra river. Although part of the\u00a0intended area is protected at least as Pood\u00ed PLA, it is not primarily focused on water protection. The\u00a0forested water source area for the\u00a0proposed Sp\u00e1lov water reservoir, which could be an important source of drinking water due to its volume, is not yet protected.<\/p>\n<p>There are also spring areas in the\u00a0Bohemian-Moravian Highlands that supply water to streams with probable future reservoirs. The\u00a0protection of the\u00a0relevant area could be a\u00a0form of significant expansion of CHOPAV \u00e1rsk\u00e9 vrchy or the\u00a0creation of a\u00a0completely new area with this type of protection.<\/p>\n<h2>CONCLUSION<\/h2>\n<p>The analyses carried out show that protection of the\u00a0area through CHOPAV is justified even at the\u00a0present time. In some respects, such as the\u00a0protection of the\u00a0LAPV watershed or the\u00a0protection of groundwater from insensitive gravel sand extraction, it plays an irreplaceable role. However, there would be a\u00a0need to update and modernize the\u00a0relevant government regulations with regard to new protection requirements resulting, among other things, from adapting to climate change. It is also necessary to consider the\u00a0expansion of existing areas or even the\u00a0declaration of new areas with this type of protection.<\/p>\n<h3>Acknowledgements<\/h3>\n<p><em>This article was created within the\u00a0framework of the\u00a0project \u201eADAPTAN II \u2013 Integrated approaches to the\u00a0adaptation of the\u00a0landscape of the\u00a0Moravian-Silesian Region to climate change\u201c financed by the\u00a0Technological Agency of the\u00a0Czech Republic (Project registration number: 3204200006-EHP) and through the\u00a0Norwegian Funds 2014-2021, Bergen call.<\/em><\/p>\n<p>The Czech version of this article was peer-reviewed, the English version was translated from\u00a0the Czech original by Environmental Translation Ltd.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This article discusses the\u00a0development, management, and use of the\u00a0landscape in the\u00a0form of a\u00a0declaration of a\u00a0Protected Area of Natural Water Accumulation (CHOPAV). It examines the\u00a0importance of this method of protection in the\u00a0water protection system under the\u00a0requirements of the\u00a0Water Framework Directive and other European directives which have been incorporated into the\u00a0legislation of the\u00a0Czech Republic. It looks at the\u00a0possibilities of using this tool in water management to deal with problems caused by climate change. Based on the\u00a0research and analysis carried out, the\u00a0article recommends modifications to the\u00a0CHOPAV regime and area modifications, as well as expansion to other sites.<\/p>\n","protected":false},"author":8,"featured_media":27789,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[86],"tags":[3407,3405,3403,3404,3406],"coauthors":[3303,3304,176],"class_list":["post-27923","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-hydraulics-hydrology-and-hydrogeology","tag-farming-on-agricultural-and-forest-land","tag-national-park","tag-protected-area-of-natural-water-accumulation","tag-protected-landscape-area","tag-surface-water-and-groundwater-protection"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/posts\/27923","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/users\/8"}],"replies":[{"embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/comments?post=27923"}],"version-history":[{"count":15,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/posts\/27923\/revisions"}],"predecessor-version":[{"id":32989,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/posts\/27923\/revisions\/32989"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/media\/27789"}],"wp:attachment":[{"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/media?parent=27923"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/categories?post=27923"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/tags?post=27923"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/www.vtei.cz\/en\/wp-json\/wp\/v2\/coauthors?post=27923"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}