274. Decree of the Federal Minister for agriculture and forestry, environment and water management on the recognition of water order as public interest presented in the framework of Tiroler Oberland
On the basis of article 53, par. 3 hrs 1959, BGBl. No. 215, as last amended by Federal Law Gazette I no. 54/2014 is prescribed:
§ 1. This regulation establishes the framework for environmentally-friendly hydropower use as future water order in the planning area Tiroler Oberland (Chapter 4.1 of the Masterplan). The sill covers the basin of the Inn from the State border with Switzerland to Innsbruck including the mouth the Tyrolean Oberland.
Objectives the best environmentally-friendly hydropower in the Tyrolean Oberland
2. objectives (Chapter 3.4 and 3.5 of the Masterplan) the best environmentally-friendly hydropower in the Tyrolean Oberland are: 1 the identification of waters sections for the establishment of any sites or the possible expansion of existing sites Tyrol to the substantial increase in electricity production from hydropower, as well as to double the available power from storage or pumped storage.
2. the receipt and the achievement of separate stocks for the leading fish Grayling, trout and Koppe - by corresponding abundance and age structure of this key species - as good ecological potential in the Inn from the State border with Switzerland to the mouth the sill and the protection of very good or very sensitive water routes and the preservation of the existing good ecological status or of good ecological Potenziales at other possible sites in the planning area.
Recognition of water order as public interest presented in the framework of Tiroler Oberland
§ 3 (1) is the implementation of water management order presented in the framework of the Tiroler Wasserkraft AG in accordance with the provisions in the third section of this regulation, as well as the recommendations recorded in the fourth section of this Regulation as a public interest (§ 105 WRG 1959) to strive for all water management policies. The Federal Minister for agriculture and forestry, environment and water management acknowledges the presented on April 28, 2014, to the ZL. UW.4.1.2/0029-IV/1/2014 logged, master plan in the scope and scale of represented in the second section of this regulation summary of its basic principles.
(2) the use of the water power of the Malfonbachs shown in the framework is covered by the recognition does not.
Summary of the planning priorities
Main ideas of the future water management regulation in the Tyrolean Oberland
4. (1) in the framework plan approved pursuant to section 3 is intended for the field of power generation from run hydroelectric use of the Inn for: 1. a possible location between Martina and Prutz (section 7.4.1 of the Masterplan);
2. a possible extension of the existing site between Prutz and Imst (section 7.4.2 of the Masterplan);
3. a possible location between Imst and Haiming (section 7.4.3 of the Masterplan).
(2) in the framework plan approved pursuant to section 3, the use of water from the rear Stubai Valley and the Middle Ötz Valley, as well as the use of water from the rear Ötztal is intended for a possible extension of the existing sites for the area of electricity generation from storage power: 1 Kühtai/Sellrain Silz (section 7.3.3 of the Masterplan), 2nd Kaunertal (section 7.3.2 of the Masterplan).
Provisions governing the future water deposits in the planning area
Very good and very sensitive water routes and ban on deterioration
§ 5 (1) subject to section 11, paragraph 3 is a hydroelectric power use in the planning area within the represented water order only in the public interest located, if they not still achieving the environmental target State leads to a deterioration of their condition, (section 13 of the regulation of the Federal Minister for agriculture and forestry, environment and water management on the establishment of ecological status for surface waters, quality target regulation ecology surface water - QZV ecology OG) , Federal Law Gazette II No. 99/2010 as amended) is thus undermined.
(2) in addition only hydroelectric power uses, are in Appendix 1, taking into account the possible locations according to § 4, designated hydro morphologically very good or very sensitive water routes within the shown order that are compatible with the conditions and criteria for the very good hydro-morphological condition pursuant to § 12 QZV ecology OG, located in the public interest. This spring water withdrawals for the General drinking water supply purposes also applies to other water withdrawals, except. As well, maintaining the free-flowing section in the Inn by Haiming is located in the public interest to Innsbruck.
§ 6. A possible implementation of the locations listed in section 4 is to note that the order of implementation is to select when detail planning that the availability of the environmental objective for the Inn an implementation of part of is not permanently affected. Therefore implementation 1 extensions should in § 4 para 1 subpara 2 and § 4 paragraph 2 No. 2 referred sites first after or during the construction of the Z 3 of mentioned site be made in article 4, paragraph 1;
2. the extension of in section 4 paragraph 2 Z 2 of mentioned location agreed with the extension of the No. 2 of location referred to be done in article 4, paragraph 1.
Planning and implementation steps for the other sites (§ 4 ABS. 1 Z 1, section 4, paragraph 2 No. 1) can be done independently timed.
7. (1) in addition to items 184.108.40.206 and 220.127.116.11 of the Masterplan applicable regarding the in section 4 paragraph 2 represented possible locations: 1 in stores is to reduce flood runoff peaks a flood retention area must be kept clear. The required size of the rear holding area is in the course of any submission planning to determine where the retention area should be the extent of the amounts of water flowing to the saving of the respective site in case of water about 48 hours in flood most critical periods of the year in total at least.
2. in the course of any submission or implementation planning is to create a flood management concept. To optimize the use of storage are to attract hydrological information establishing particularly flood-critical periods and looking ahead to predict floods.
(2) also applies any new uses of hydropower planning throughout the territory including the possible locations shown in section 4 in the course of the final planning: 1. If the specific situation of flood discharge is required before and after project implementation for the affected water routes to make.
2. silting up development in stowage is to estimate, to develop appropriate management to limit the silting up and to check measurements by nature, and to optimize and make sure is that the flood discharge in the stowage despite interim silting up in the long term is guaranteed.
Fixed material budget
8. (1) in addition to the points 18.104.22.168, 22.214.171.124, 126.96.36.199, 188.8.131.52 of the Masterplan applicable as part of any submission or execution planning regarding the possible locations shown in section 4: 1. There are to identify those measures that provide a sediment balance of in the channel routes affected by the use of a water power based on sediment potential surveys and sediment hydraulic calculations. Measures not directly carried out at the weirs, storage areas and smaller water intakes, are to plan in coordination with the federal waterways administration or the torrent and avalanche control.
2. for affected water routes is a sediment management plan to create, which ensures that the solid matter or sediment budget in the affected water courses is not substantially impaired.
3. it is to provide a permanent ideally to the documentation of sediment transport during a planned use. In this context, also a possible optimization of the sediment management plan based on the results of the Monitoringprogrammes must be provided.
(2) also applies to any new uses of hydropower planning throughout the territory including the possible locations shown in section 4, that water intakes are to educate and to operate accordingly, that the holdout sediment can regularly be returned at suitable higher water in the extraction routes so that a deterioration of the good condition of the affected water courses, nor to a deterioration of the good ecological potential on the Inn may occur as a result.
Groundwater, springs, and water supply
§ 9 (1) in addition to paragraphs 184.108.40.206 220.127.116.11, 18.104.22.168 and 22.214.171.124 the Masterplan applicable no later than in the course of any submission planning regarding the possible locations shown in section 4: 1.
For the following catchment areas excluded - taking into account of the drinking water concepts of Tyrol - following reservation minimums for the future municipal drinking water and hot water requirement - to define snowmaking water -: Inn Valley 500 l/s, Ötztal 100 l/s, Stubaital 20 l / s.
2. in the framework of preliminary investigations, you are at a construction of buildings, particularly underground mining works, coming into contact with mountain and groundwaters to determine sources and other water outlets, as well as the expected mountain water ingress.
3. for expected mountain water ingress may be the necessary measures for sealing.
4. before any construction started a comprehensive proof backup program to the documentation of the qualitative and quantitative condition of mountain - building measures concerned and groundwater bodies, but above all the springs and other water outlets to create is in the concerned area. The time of the advent of a Beweissicherungsprogrammes is set so that natural fluctuations are as far as recorded, that project-related changes are visible and quantifiable.
In the event that there is an unforeseen quantitative or qualitative impact of existing groundwater and spring water uses construction, are emergency measures for the existing in the areas affected by the proposed water supply facilities to be provided. Such actions are to represent only part of the final planning.
(2) Moreover, as part of any submission or execution planning as well as in the context of any authorisation or approval process applies any new uses of hydropower planning throughout the territory including the possible locations shown in section 4: 1 if concrete reservation amounts are required, after consultation with the Planning Department of the country, in particular taking into account population growth and residential development to determine.
2. proposed new measures or regulations is to ensure that a) in defining permissible off line amounts for underground water, the tunnel prevents significant negative impact of tunnel construction works on the bulk amount of sources in the sphere of influence and documented off line amounts by an accompanying measurement program;
(b) in the construction of tunnel construction works get no supplies and environmental pollutants in the groundwater;
(c) in the area of storage spaces from public interests unwanted increases in the groundwater level by technical measures, such as accompanying drains or trenches, underground seals and the like, as low held.
Urban water management
§ 10. For hydroelectric power uses in planning throughout the territory including the possible locations shown in section 4, is to check, whether concerned are subject to permit direct discharges the adherence to the regulation of the Federal Minister for agriculture and forestry, environment and water management on the establishment of the target State for surface water at rest water altered by a project in the receiving water (quality goal regulation chemistry of surface waters - QZV chemistry OG), Federal Law Gazette II No. 96/2006 as amended and the QZV ecology OG is ensured. Pollution problems foreseeable in the course of any submission planning are through an improvement of the wastewater treatment plants to prevent.
11. (1) in addition to point 8.1.4, 8.2.3 and 10.1.3 of the Masterplan the provisions of the following paragraph 2 to 5 apply regarding the possible locations shown in section 4.
(2) no later than in the course of any submission planning is a watercourses - and fish-ecological program collection of the initial state to create in the concerned area. Such a survey program has the surface bodies of water affected by the project and its ecological conditions prior to implementation of the project to determine. On the basis of the initial state are both to elaborate for the construction and operation of power plants, watercourses - and fish-ecological accompanying measurement and investigation programs and to join the submission projects. The measurement and study programs, as well as the proof backup programs have in particular the regular documentation of ecological conditions in the affected sections of waters, to include the monitoring of the effectiveness of flood management, as well as a recurring monitoring of the functioning of fish lifts.
(3) unvorgreiflich of the result of to be conducted in an authorisation or approval process interests referred to in Article 104a of the WRG 1959 is projected measures or, where appropriate, requirements in any case to ensure that project-related deterioration of the ecological water status in the possible locations shown in section 4 only following, unavoidable cases occur: 1. overflow in newly-built stores, as well as by damming in the area of newly built water intakes;
2. on sections of water in water bodies located in ecologically very good condition below of newly-built stores, as well as downstream from water intakes for storage;
3. in overflow area on the River Inn and the torrent loaded Inn section above the area of the advanced Staues Runserau due to the return line one in section 4 paragraph 2 No. 2 of any location referred to.
(4) in the period from mid-December to mid-April a water catchment for new water withdrawals in the possible locations listed in section 4 paragraph 2 from the waters first from a flow of 2 arithmetic means of the Jahresniederstwerte of runoff - based by means of day - in the considered period (MJNQT) must be made.
(5) for the area is to note that 1 torrent - and Sunkgradienten to be set in the implementation of the possible locations referred to in § 4, torrent and sunk that after implementation of all possible sites in the schwall-/ sunkbelasteten water lines at the Inn the torrent - and Sunkgradienten continuously on