The water quality in the Netherlands is far from meeting European requirements that will apply from 2027. That could lead to a legal crisis such as the one that has already arisen due to the nitrogen rules, researchers warn in a new report on Thursday. Due to the water quality, judges can already cancel permits in the coming years.
Less than 1 percent of the Dutch rivers, streams and lakes meet all European standards, according to measurements by the Netherlands Environmental Assessment Agency (PBL). Agriculture and industry cause too many harmful substances to end up in the water. In addition, washing away manure causes algae growth.
The groundwater is also not in order, partly due to pollution from pesticides and partly because too much water is extracted. Meanwhile, rainwater is drained too quickly, so that the groundwater level does not recover properly.
With the measures that the cabinet is already taking and intends to take as part of the coalition agreement, the water quality will not be in order by 2027. Minister Mark Harbers (Infrastructure and Water Management) also acknowledges this. He wrote recently told the House of Representatives that he wants to achieve the European water goals “as soon as possible after 2027”. More than 800 million euros from the ‘nitrogen fund’ will go to improving water quality.
Where in the EU is the water quality good?
‘Wake-up call for permits’
Because the water quality will still be insufficient in five years’ time, it is becoming increasingly likely that permits or even entire water management plans can be successfully challenged in administrative courts, researchers from Witteveen+Bos write in a report commissioned by Natuurmonumenten.
The so-called Water Framework Directive prohibits a deterioration of water quality. As a result, European rules may already have a major impact on the granting of permits in the coming years, for example to extract groundwater or to expand livestock farming.
The new Environment Act, which is expected to enter into force on 1 January 2023, makes it possible to directly check permits against EU rules.
“It is time for a wake-up call: the legal possibilities to successfully challenge permits and plans are increasing,” the report said. “This is a risk to our nature, but it can also seriously hinder economic activities in the Netherlands.”
Need more natural water management
According to the study, more needs to be done to prevent the discharge of chemical substances in order to improve water quality more quickly. Manure must also be prevented from ending up in the water.
Furthermore, “more natural water management” is needed, so that rain penetrates better into the soil. The groundwater in the Netherlands is artificially lowered in the winter months, so that farmers can go onto the land with heavy tractors. But higher groundwater in the winter is also the most important measure to prevent drought in the summer – and agriculture has an increasing interest in this, in addition to nature.
According to the researchers, a national ‘conductor’ is needed who can make decisions if, for example, the interests of farmers and nature clash. “People are now realizing that water managers cannot do it alone.”