It shall take effect upon its publication in the Official Gazette La Gaceta.
Given at the Presidency of the Republic. San José, on the sixteenth of September of the year two thousand twenty-one.
Details of the methods for determining environmental flow (caudal ambiental).
The application of methodologies for estimating environmental flows (caudales ambientales) responds to the need to establish limits for the alteration of the hydrological regime, so that the amount of water is sufficient to maintain the diverse uses of water, provide conditions for ecosystems, and balance use (aprovechamiento) and conservation.
According to the Inter-institutional Commission constituted for the analysis of the implementation of the Environmental Flow (Caudal Ambiental), the document "Selection guide of methodologies for the estimation of environmental flow (caudal ambiental) in Costa Rica" was generated, prepared by the inter-institutional commission on environmental flow (caudal ambiental) dated March 22, 2019, from which the recommendation of national and international references in the different methods and methodological groups available and optimal to implement in Costa Rica for the calculation of environmental flow (caudal ambiental) is derived. According to the above, the typologies are integrated into the following groups:
- Percentage Method.
- Hydrological Methods.
- Hydraulic Methods.
- Hydrobiological/ Ecohydraulic Methods.
- Holistic Methods.
The methods classified according to the group correspond to the product of research and analysis of the behavior of different variables. The application and results depend on the assumptions made for their development, on the quantity and quality of the information available for their application. Next, the methodologies that must be used per methodological group are described:
Methodological group of the percentage:
Background:
This method has been developed and applied since 1991 by the Water Directorate (Dirección de Agua), based on the statistical analysis of the records of water concessions (concesiones) and registrations (inscripciones), the flows (caudales) gauged in the low-water period (estiaje) "supply" and the flows (caudales) authorized according to the National Registry of Concessions; for their use "demand", contemplating 4033 records in a first analysis and in a second analysis with a sample of 351 records with 95% certainty and 5% margin of error. In addition, the method establishes the assessment of the conditions of the water body (cuerpo de agua) and needs based on the Allowances Manual (Manual de Dotaciones). The above results in 38.46% of flow (caudal) concessioned and used, compared to 61.54% of flow (caudal) that flows freely through the water body (cuerpo de agua); which implies a positive impact greater than the percentage used, benefiting the conservation of the water resource.
Reference: Analysis of the percentage method used by the Water Directorate (Dirección de Agua) to determine environmental flow (caudal ambiental), based on gaugings (aforos) and granted flows (caudales). (Eng. Jesús Monge Desarrollo - Water Directorate (Dirección de Agua). 2021).
Method:
The environmental flow (caudal ambiental) is calculated by applying a percentage between 10% and 20% of the minimum recorded flow (caudal) in the water body (cuerpo de agua), according to available gaugings (aforos) from the dry season. It is applied specifically for each intake indicated in the application for use (aprovechamiento) or registration (inscripción) of sources; considering existing uses (aprovechamientos) upstream and downstream of the intake site (sitio de toma) under analysis, with the result of a balance that determines the viability of a new use (aprovechamiento).
According to the classification of accumulated impact based on the Tennant methodology adapted to tropical and subtropical zones, a percentage of 20% is applied to the categorization of the source as "Good". Applying 10% for the categories of "Very Good" to "Natural". In the case of water sources required for population use, due to the priority established by law, even when the source, due to its natural condition, presents flow (caudal) limitations, 10% will be applied, regardless of the classification category. Both percentages are established as the minimum admissible that must prevail in the used source.
Hydrological Methodological Group:
They represent the simplest, least expensive, and most widely used approach worldwide. These are based on the analysis of time series of 5, 10, 15, 25, 50, or more years of flows (caudales) of a water course, data that can be obtained from the historical record of gauging stations or through hydrological-hydrodynamic numerical modeling, among other forms. These methods can be divided into two groups: 1) those that establish a single value of environmental flow (caudal ambiental) for the entire year or month, and 2) those that establish a complete regime of environmental flows (caudales ambientales). Although they are less expensive, the relationships between hydrological and ecological indicators have not been evaluated. Complete flow regime methods provide values for five components of the hydrological regime (magnitude, frequency, duration, timing, and rate of change of the different flows (caudales)), which are recognized as determinants for the ecological integrity of river systems (Lytle & Poff, 2004).
- a)Tennant Method or Montana Method:
It was applied in the United States in the seventies and consists of a recommendation of minimum flows based on a set of percentages of mean annual flows (caudales) calculated for a local use (aprovechamiento) and applied at different percentages for dry and rainy periods. The variables used are the seasonal periods of the year and the mean annual flow (caudal). This method is particularly suitable for a regional planning level and is the most used in the United States. It also comprises the following stages (Tennant, 1976):
· Determination of the mean annual flow (caudal) of the local hydraulic use (aprovechamiento).
· Observation of water courses during the periods in which the flow (caudal) is approximately 10%, 30%, and 60% of the mean annual flow (caudal).
· Other flows (caudales) may be equally analyzed, but these allow covering a range of flows that, in a general way, serve for the protection of aquatic and riparian ecosystems of most water courses.
· Use of the information obtained to develop maintenance flow (caudal) recommendations in water courses based on the criteria used by the methodology.
This method has the Tennant variable adapted to tropical and subtropical zones, based on mean monthly flows (caudales) in order to have a more detailed description during the year of the hydrological behavior of the water body (cuerpo de agua).
- b)Base Flow Method or New England Method:
This method was developed in the United States by the Fish and Wildlife Service in 1981.
The recommendation of a minimum flow (caudal) is based on historical records of flows (caudales), from the median calculated in the dry season, corresponding to the lowest record, which constitutes the minimum or base flow (caudal) to maintain throughout the entire year, except for the reproduction and incubation periods of fish species. In this period, the monthly or lower median for the minimum flow (caudal), will correspond to that of the flow (caudal) during that period, if it is higher than the base flow (caudal). However, the calculation of the median is only valid for natural water courses where there is a record of flows (caudales) greater than twenty-five years. In other situations, in natural water courses where significant diversions are verified in the size of flow (caudal) records of less than twenty-five years, a minimum flow (caudal) is a percentage of the flow (caudal) defined based on the area of the hydrographic basin. When a flow (caudal) is less than defined in this criterion, it will correspond to the instantaneous flow for that same period. The variables used in this method are the seasonal periods of the year, the minimum annual flow (caudal), and the yield of the basin.
Source: (Loar and Sale, 1981; Russel, 1988, 1990) c) Base Flow Method:
It was developed for water courses of the Catalonia River (Northern Spain) based on a set of representative water courses of various types of hydrological regimes that characterize the region, normally permanent or temporary regimes with Mediterranean characteristics or otherwise.
This method considers that flow (caudal) is the only independent variable of the ecosystem and that the information contained in hydrological series will allow maintaining the functionality relationships with the other variables. On the other hand, the fish community and macroinvertebrates constitute the variables with a higher degree of dependence, but which are considered of greater sensitivity and with higher indicator value for evaluating ecosystem alterations. The variables used in this method are fish species, macroinvertebrates, and mean monthly flows (caudales). (Palau et al., 1996) d) Northern Great Plains Resource Program (NGPRP) Method:
The northern great plains resource program method was developed in 1964 for salmonid rivers from the Rocky Mountains of the western United States. In the estimation of minimum flows (caudales), the spawning and growth of individuals and the fine sediment flushing flows are taken into account. It is recommended to calculate the minimums during all months of the year, based on the flow duration curve during the analyzed month. This method does not require much field work, since the flow duration curves are obtained from a record of mean daily flows (caudales) exceeding twenty years, in which dry season flows are eliminated, as this method assumes that the most representative biological components of an aquatic system are essentially maintained by the hydrological conditions that occur in normal years and not by extreme events occurring during short-duration periods. A minimum recommended flow (caudal) for each month corresponds to that which is exceeded 90% of the time (or 84% of the time according to Dougal, 1979 and Loar and Sale, 1981), except for the months of maximum flows (caudales), in which the recommended minimum corresponds to that which is equaled or exceeded 50% of the time2. The variables used in this method are the seasonal periods of the year and the mean daily flows (caudales).
In 1975, Hoppe modified the northern method of the Great Plains resource program using equations based on watershed areas for locations where flow records did not exist. The method is based on percentages of mean daily flow duration curves and on the life-cycle stages of species; it was initially developed for salmonid species. The flow that is equaled or exceeded 40% of the time is the recommended flow for spawning, while the flow that is equaled or exceeded 80% of the time is the recommended flow for rearing. The flow that is equaled or exceeded 17% of the time is considered a flushing flow for a 48-hour period. The variables used in this method are mean daily flows and the biological cycle of the species. (Castro et al 2006) f) 7Q10 Method:
According to Loar and Sale (1981), environmental flows (caudales ecológicos) were recommended based on minimum mean flows observed over a seven-day interval, with a return period of ten years. This method is a variation of what was initially called 7Q2 and uses the same criteria; it was developed for a two-year return period. The variables used in this method are the minimum mean daily flows. (Loar and Sale, 1981) Hydraulic Methodological Group:
They are similar to the previous ones, but incorporate hydraulic parameters such as velocity and depth of water, and wetted perimeter (perímetro mojado), etc. Minimum flow requirements are generally set as the inflection point between the increase in flow and the wetted perimeter, or also by setting a percentage of habitat to be reserved with a given flow value. Hydrological and hydraulic methods have been developed and applied by engineers.
- a)Wetted Perimeter Method:
This is a method used as an index of food availability for fish, assuming that maximizing the wetted perimeter will provide more food and usable habitat for the aquatic community. Its application requires the location of a single transect along the river that represents the site most sensitive to flow changes. To determine the environmental flow, the directly proportional relationship between the wetted perimeter and the flow is used: as the latter increases, the former increases from a base flow level until reaching an inflection point, after which the increase in the wetted perimeter grows very slowly until bankfull is reached. This inflection point is taken as the optimal or environmental flow [Reiser et al., 1989], [Tharme, 1996], [King et al., 1999], [Palau, 2003], [Arthington and Zalucki, 1998]. It is a method that is easy to apply, but which does not consider the habitability conditions of the aquatic species, nor the variation in flow over time, which are limiting elements when determining an environmental flow. (Agualimpia & Castro, 2006) b) Multiple Transect Method (Multiple Transect Methods):
In this method, the problem of using a single transect to define environmental flows in the river is corrected, as it uses more than one for its application. It requires field measurements of velocity, water level, substrate, and cover at different flows and in different cross sections, in order to determine, through hydraulic simulation, the change in these hydraulic variables (habitability) with changes in flow [Arthington and Zalucki, 1998]. It is considered a conservative method, which often estimates high flows [Richardson, 1986], [Swales et al., 1994], but is one of the first approaches where flow variability and the consequent change in ecologically important hydraulic variables are taken into account. (Agualimpia & Castro, 2006) c) Idaho Method:
It was developed by White & Cochnauer, 1975, for the large rivers of the state of Idaho in the United States. This method is based on the presumed loss of habitat due to flow reduction, taking into account the characteristics required by the species selected as habitat indicators. In this method, critical areas are defined for the free movement, reproduction, and rearing of fish species; in turn, in each critical area, cross sections are determined in which velocity, depth, and substrate type are measured. The physical characterization of each cross section is carried out only once for the lowest flow. A hydraulic simulation model is used to generate the values of depth, velocity, and wetted perimeter, for a wide range of flows.
The comparison of the simulated habitat conditions with the habitat needs of the different species allows recommendations for minimum flows for movement, reproduction, and rearing to be generated. The flows for the unrestricted movement of individuals are based on the minimum necessary depth. For spawning, the flow that allows the maximum available width (the mean value obtained from all cross sections) is used as a guide to determine the minimum flow. The minimum flow for fish rearing is determined based on the wetted perimeter method. The variables used in this method are substrate type, mean velocity, depth, and wetted perimeter. (Agualimpia & Castro, 2006) Hydrobiological Methodological Group:
They determine an environmental flow value by integrating the hydrodynamic analysis of the section of the watercourse under study and the requirements or preferences of the species that characterize the river ecosystem. The first eco-hydraulic methods were applied to fish species of commercial interest or of conservation interest. Currently, the biological community (groups of species from the same site) and the maintenance of the ecosystem's integrity are also taken into account. These methods require information on the topography of the watercourse and the ecology of the species or communities to be conserved, which is why they are more expensive; this seeks to relate the hydraulic domain to the available habitat of the indicator species. In general, they have been developed jointly by engineers and fisheries biologists.
It was developed by Wesche in 1973, for trout (Salmo Trutta), in small mountain rivers, with mean flows equal to or less than 30 m3/s, based fundamentally on cover. It is applied in cross sections in sections of watercourses under study, provided that there are significant alterations to their characteristics. In each cross section, the substrate is characterized, and measurements of depth, flow, and surface flow width are taken, as well as measurements of the length of bank cover and the associated water depth. The range of selected flows varies between 10% and 100% of the mean flow (if no flow records exist, the late-summer mean flow is used) and at least four flow values are considered. This method has a high ecological sensitivity, after having verified a good correlation between cover and fish biomass. The variables used in this method are vegetative cover, mean annual flows, length, and area of the section. (Wesche & Richard, 1980).
The Washington method was developed for the Washington Department of Fisheries, (Washington State Department of Fisheries, USA), for salmonid species; it is also called the favorite areas method. It uses basic cartography of the river sections to determine the spawning and rearing areas of the species considered; it is applied for a range of flows of interest, considering biological preference criteria for a flow velocity and depth. These criteria define the upper and lower limits of the value intervals selected for the species. At least three representative sites for spawning or rearing are considered, with four cross sections being defined at each site. Along each cross section and preferably—also between sections—velocity and depth measurements are taken for a minimum of five flow values. The values obtained allow isolines for depth and velocity to be defined. This method also constitutes an example of the recommended flow based on habitat maintenance criteria. One advantage is the form of its graph, as it is not necessary to run the hydraulic simulation. The variables used in this method are velocity, flow depth, flow, and the biological cycle of the species. (Loar and Sale 1981 & Gordon et al, 1992) c) California Method or Waters Method:
It was developed for the determination of minimum flows for the spawning and rearing of salmonid species existing in California watercourses. This method is similar to the Washington method and is also known by the name of favorite areas, in which two planimetric maps are prepared: one of velocity and another of flow depth, from information obtained in cross sections selected for sampling (in a minimum number of 600 measurements), for the flows of interest, in a number greater than three, without applying a hydraulic simulation. Weighting factors are considered, values between zero and one, for each of the parameters. Additionally, a characterization of the substrate at each sampling site may be included. The variables used in this method are velocity, flow depth, subsection area, and substrate. (Wesche & Richard, 1980) d) IFIM-PHABSIM Methodology:
The Instream Flow Incremental Methodology (IFIM) is considered by many to be a significant advance in determining environmental flows, as it synthesizes the most relevant aspects of the Washington and California methods. Based on it, hydraulic and biological variables are analyzed jointly. The IFIM methodology can be defined as a set of analytical processes and simulations developed to predict changes in river habitat due to flow alterations. The way this methodology is applied may be determined for each case, depending on the specificity of the situation, thus generating several alternatives, since from an initial flow, different values of it are worked with, just as it is considered whether the species has the physical habitat it requires, in addition to working with the pertinent hydraulic, hydrological, and biological data. (Reiser et al, 1989) Holistic Methodological Group:
These allow for the determination of hydrological regimes necessary to maintain the integrity of the ecosystem, in addition to social and productive uses. They are based on an integrated management of all biological, abiotic, and socioeconomic factors, and the full spectrum of the hydrological regime, including both its spatial and temporal variability. Therefore, they are essentially interdisciplinary; for example, one of the most recent holistic methodologies, and the one chosen in this document, is DRIFT (Downstream Response to Imposed Flow Transformation), which consists of four modules: biophysical, sociological, scenario development, and economic (King et al. 2003). The biophysical module involves the description of the natural elements and the functioning of the river and establishes the basis for predicting changes related to flow modifications. The sociological module identifies the population at risk, describes the river uses and health profiles, which contributes to predicting the social impacts of changes in the river. Based on this, in the third module, possible hydrological scenarios are identified, and the potential biophysical and social consequences are described. Finally, the fourth module calculates the costs of compensation and mitigation of impacts on the population at risk for each scenario. The result is a series of described scenarios that can be used for decision-making.
A methodology developed in South Africa, which provides a complete perspective of the variations that occur downstream under different flow regime scenarios. This perspective is very important for decision-making, since all possible ecosystem responses will be known beforehand, and a consensus can be reached in which the most convenient option for the environment is chosen (Pantoja, 2017).
The process within the DRIFT methodology is divided into four modules (King et al. 2008):
· Biophysical: Describes the nature and the way the river functions and establishes the necessary basis for predicting changes related to flow modifications.
· Sociological: Identifies the uses and customs associated with the river and the population that practices them. The basis is developed for predicting what the social impacts would be if certain changes occur in the river.
· Scenario Development: Identifies the possible scenarios and the ecological, social, and economic consequences thereof if a flow alteration occurs.
· Economic: The damages caused to the population at risk are assessed from a financial point of view. All possible scenarios are taken into account to calculate the costs of compensation and mitigation of damages.
This methodology attempts to encompass all existing possibilities of flow regimes, in order to make the decision that entails the least damage, which makes it a complex methodology; therefore, it is necessary to have a large and interdisciplinary group of professionals, which increases the cost of its application, and at the same time limits it to certain countries with greater economic capacity; this is why its applicability will depend on the place where it is desired to be used. (Pantoja, 2017) b) RANA-REGINA Method:
This methodology was developed by the Instituto Costarricense de Electricidad (ICE) in order to have a tool to estimate the compensation flow (caudal de compensación) for hydroelectric projects that are in different feasibility stages, and it is considered holistic because it integrates analyses of the hydrological, biological, and socio-economic information of Costa Rican rivers. Its name is derived from two analysis components established in the years 2007 (Krasovskaia, I. and Rodríguez, C. 2007) and 2014 (Krasovskaia, I. et al,. 2014), RANA and REGINA respectively. Through this methodology, it is possible to analyze the initial conditions, or baseline, and the effect of the different regulation alternatives on the physical, biological, and socioeconomic conditions in a specific sector of interest, or on the integrity of the river studied. It is necessary to emphasize that the robustness of the methodology resides largely in the hydrological information that ICE has generated over the years. With the RANA component, the estimation of the different flow descriptors (annual mean, variance, and duration curves) was achieved at any point along the river. For its part, the REGINA component included methods for the regionalization of low flows (caudales mínimos) and flood flows (caudales crecientes), as well as the duration curves. The particularity of this second component is that the analysis was extended to the rest of the hydrological cycle, given that the previous one was restricted to the dry season (estiaje).
For the implementation of this methodology, it is necessary to carry out studies of the flow characteristics in several sectors of the rivers studied, selected based on their importance for the hydrological regime, ecological, and socioeconomic aspects. Through fieldwork, the Biology and Sociology areas identified the main uses of the river, as well as the indicator species and users for the study. The "indicator species" could be the fish present in the river, or another indicator, considered to be more sensitive to flow changes, while the "main uses" are the activities possessing the highest social importance and which are also sensitive to flow changes. The biological habitat demands can be established with the help of an expert panel and extensive field studies. The information on socioeconomic demands regarding river flow is obtained through field inventories and workshops with interested parties, and the flow regime at the control sites was modeled using duration curves, using probability distributions and the maps created during the compensation flows project.
The control sites, generally pools (pozas), are selected based on their location within the critical section, understanding this as the river sector between the dam site and the restitution. This site is called the "critical sector" because it will be altered by the modification of its flow, potentially affecting the ecology and the socioeconomic activities that take place in the area.
The methodology establishes preference rules that are defined as the ranges of water depth and velocity associated with the normal development of the indicator species and the main uses.
The hydraulic modeling of the section of interest allows for the estimation of flow velocities and depths for a given flow at specific sites along the river, and the linking of these parameters to the habitat demands and socioeconomic use is employed to estimate the useful area under natural and regulated flow conditions.
The final phase evaluates the seasonal variation of the useful area for the aquatic species and the water uses conditioned by natural or regulated flows. The comparison of the relationship between the useful area and connectivity in each river sector with the identified demands allows for the comparison of the impact of different regulation scenarios in an integral manner.
The method presents a broad approach to evaluating the effects of different flow regulation alternatives on aquatic life and the socioeconomic activities of the riparian population throughout the year, to facilitate the choice of the regulation scheme with a lower risk level. The methodology follows the concept of adaptive flow management, which provides for continuous monitoring of the results of the chosen decision and an adjustment based on new knowledge.
- c)Building Block Method - Bottom-up Approach:
It is carried out based on multidisciplinary studies conducted at the site, in order to understand the flow–hydraulic characteristics relationship; this type of analysis is medium or long-term and requires considerable investments. It is essentially a prescriptive approach, designed to build a flow regime for maintaining a river in a predetermined condition. This method has also provided an impetus for the evolution of several alternative holistic environmental flow methodologies. Generally, 1 to 5 transects are worked with, depending on the size of the study area; in each transect, the type of substrate, riparian vegetation, and macrophytes must be analyzed, in addition to hydrological information, such as flow duration curves, return period; other information that must be collected is the groundwater input; these correspond to the first block or phase (Castro et al, 2006).
In the second block, the information is analyzed to establish the relationship between the flows and the hydraulic characteristics, the channel morphology, and the biotopes, to generate proposals for an environmental flow that guarantees the life cycle of the aquatic fauna (fish, macroinvertebrates, tadpoles, etc.). It must also guarantee the socioeconomic and cultural uses of the river, in addition to the vegetative cycles of the species found on the riverbank, whose life cycle depends on the availability of water at a certain time of year, and finally, navigability in cases where it applies (Aguilera and Poully, 2012). The main advantage of this method is that, being holistic, it takes into account a large number of aspects of the river regime, which makes it more likely to be sustainable over time.