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Water Storage Dam in The Tempisque Basin: Scoping For Environmental Impact Assessment (EIA)
Water Storage Dam in The Tempisque Basin: Scoping For Environmental Impact Assessment (EIA)
Costa
Rica
has
a
unique
relationship
with
the
construction
of
dams
and
the
development
of
the
country,
especially
when
considering
that
hydropower
allows
the
country
to
be
nearly
self-‐sufficient
for
its
power
needs.
Hydropower
dams
currently
provide
more
than
80%
of
electricity
consumed
by
the
country’s
four
million
residents,
and
during
the
1990s
more
than
thirty
new
dams
were
built
and
at
least
sixty
were
proposed.
Additional
dams
are
viewed
as
one
mechanism
for
alleviating
pressures
which
will
be
placed
on
the
country
in
relation
to
the
growing
population
and
tourism
industry.
Even
with
the
current
number
of
dams
constructed
the
country
still
has
great
potential
for
increasing
power
supply,
and
increases
in
total
numbers
may
be
necessary
with
electricity
needs
estimated
to
be
rising
at
more
than
5%
per
year.1
In
Costa
Rica
current
installed
capacity
of
hydropower
dams
(at
approximately
1300
megawatts
(MW))
is
well
below
the
country’s
theoretical
hydroelectric
potential,
estimated
at
25,500MW
and
practical
hydropower
potential,
estimated
at
10,000MW.
The
Costa
Rican
Institute
of
Electricity
(ICE)
has
plans
to
almost
double
Costa
Rica’s
installed
hydropower
generation
capacity
by
2016
through
nine
new
projects,
seven
of
which
are
scheduled
to
begin
operation
by
2010.
The
Boruca-‐Veraguas
hydropower
project
in
the
Grande
de
Terraba
River
basin
is
the
largest
proposed
project
with
a
potential
installed
capacity
of
622MW.
If
constructed
as
planned,
the
Boruca-‐Veraguas
project
would
become
the
largest
dam
in
Central
America.2
The
Piedras
River
dam
project
that
is
discussed
in
this
paper
is
not
primarily
for
the
purpose
of
hydropower
production,
but
rather
to
create
a
reservoir
to
meet
potable
water
demands
for
future
development
projects
on
the
Pacific
coast
of
the
country.
The
project
is
located
in
the
Tempisque
Valley
in
the
province
of
Guanacaste,
in
the
Bagaces
Canton
and
Bagaces
Mogote
districts,
with
its
headwaters
located
in
the
foothills
of
the
Cordillera
de
Guanacaste.
The
Piedras
River
flows
into
the
Rio
Blanco
near
the
town
of
Bebedero.
The
Rio
Blanco
is
a
tributary
of
the
Rio
Tenorio,
which
joins
the
Tempisque
River
and
runs
1
Elizabeth
P.
Anderson,
Catherine
M.
Pringle
and
Manrique
Rojas,
Transforming
tropical
rivers:
an
environmental
perspective
on
hydropower
development
in
Costa
Rica,
16
Aquatic
Conservation:
Marine
and
Freshwater
Ecosystems
679,
680
(2006).
2
Id.
at
680.
through
the
Palo
Verde
National
Park,
home
to
a
RAMSAR
classified
wetland,
and
finally
discharges
into
the
Gulf
of
Nicoya.
The
RAMSAR
designation
classifies
the
site
as
one
of
“international
importance”
and
is
worthwhile
of
protection
through
“the
conservation
and
wise
use
of
all
wetlands
through
local
and
national
actions
and
international
cooperation,
as
a
contribution
towards
achieving
sustainable
development
throughout
the
world”.
3
The
construction
of
the
dam
could
have
significant
impacts
on
the
amount
and
timing
of
hydrologic
flows
into
the
wetland,
further
jeopardizing
the
health
of
the
ecosystem.
The
watershed
basin
has
an
area
of
274.8
km2,
and
elevation
change
through
the
watershed
ranges
from
800
to
20
meters,
with
an
average
elevation
of
151.7
m.
Its
hypsometric
curve
has
steep
slopes
in
the
upper
portion
of
the
basin
until
it
reaches
the
average
elevation
of
the
basin
and
gentle
slopes
in
the
lower
part.
The
reservoir
dam
site
on
the
Piedras
River
is
located
at
the
bottom
of
the
basin
20
m
above
sea
level,
and
is
predicted
to
flood
800
hectares
of
land.
This
land
is
mostly
used
for
livestock
farming
and
is
not
inhabited
with
communities
or
infrastructure,
nor
is
the
soil
ideal
for
agriculture.4
In
the
middle
and
lower
Piedras
River
basin
are
premontane
forests,
which
transition
to
basal
and
tropical
dry
forest,
and
are
utilized
mainly
for
pasture
and
crops.
This
area
accounts
for
slightly
over
91%
of
the
total
basin
area
and
is
characterized
by
rainfall
between
1100
and
2200
mm
and
temperatures
between
17
and
27
°
C.
The
remaining
area
in
the
upper
basin
ranges
from
tropical
rainforest
to
a
premontane
forest.
As
a
result,
the
area
yields
a
higher
rainfall
between
1950
mm
and
3000
mm,
and
temperatures
between
24
and
27
°
C.5
Hydrology
and
Climate
in
the
area
When
planning
to
construct
a
dam,
it
is
important
to
consider
the
timing
and
quantity
of
flows
that
will
occur
in
the
area.
It
is
especially
important
for
civil
engineering
design
plans
that
incorporate
the
total
size,
strength,
and
holding
capacity
of
the
structure.
These
flows
will
vary
throughout
the
year
and
should
account
for
minimum,
average
and
maximum
storm
event
precipitation,
and
factor
in
evaporation
rates
influenced
by
temperature
and
humidity
of
the
region.
The
Tempisque
Valley
is
characterized
by
a
rainy
season
that
starts
in
late
May
and
ends
in
November.
The
driest
months
are
from
January
and
February
while
the
wettest
are
June,
September
and
October.
The
average
annual
rainfall
varies
from
2600
mm
to
1400
mm
in
the
bottom
of
the
basin,
yielding
an
average
annual
rainfall
of
1670
mm
basin.
The
average
monthly
cumulative
evaporation
at
the
Bagaces
station
were
highest
in
March,
with
rates
of
evaporation
equal
to
314.2
mm
/
month
and
lowest
in
October,
with
rates
equal
to
125.4
mm
/
month.
Overall,
the
annual
average
monthly
evaporation
was
recorded
was
194.2
mm
/
month.
3
Convention
on
Wetlands
of
International
Importance
especially
as
Waterfowl
Habitat.
Ramsar
(Iran),
2
February
1971.
UN
Treaty
Series
No.
14583.
As
amended
by
the
Paris
Protocol,
3
December
1982,
and
Regina
Amendments,
28
May
1987
www.ramsar.org.
4
Nora
Pineda,
William
Murillo
Dams
Research
Summary.
5
Rafael
Murillo,
Informe
Del
Estudio
Hidrologico
Informe_Hidrologico
Embalse
DRAT
Final
(2009).
A
flow
gauge
that
is
particular
to
the
Piedras
River
does
not
exist;
therefore,
in
order
to
determine
approximate
flows,
flow
information
from
a
nearby
station,
in
an
adjacent
basin,
at
King
Ranch
Costa
Rican
Electricity
Institute
(ICE),
was
used.
This
information
from
the
Tenorio
River
station,
about
11
km
east
of
the
dam
site,
allows
for
estimates
of
average
monthly
and
daily
flows
on
the
Piedras
River.
In
order
to
simulate
the
hypothetical
flows
in
the
river
basin,
and
flows
changes
resulting
from
dam
completion,
hydrologic
computer
modeling
software
is
needed.
For
this
particular
project
a
software
program
developed
by
the
United
States
Army
Corps
of
Engineers
was
used,
HEC-‐HMS
(Hydrologic
Engineering
Center's
Hydraulic
Modeling
System).
The
model
predicts,
through
computer
simulations,
the
precipitation
amounts
and
runoff
within
the
watershed.
This
occurs
through
the
representation
of
the
watershed
as
an
interconnected
system
of
hydrologic
and
hydraulic
components.
Oftentimes
it
is
challenging
to
accurately
model
the
exact
timing
and
location
of
flows
as
climate
and
weather
can
be
difficult
or
impossible
to
predict
with
complete
certainty.
Therefore
when
model
runs
are
conducted
different
conditions
are
simulated
to
determine
possible
outcomes
for
various
climactic
events.
Three
examples
include
one
using
data
from
the
typical
timing
of
the
San
Jose
station,
a
second
using
a
design
storm
from
the
dam
feasibility
report
prepared
for
Rio
Piedras
in
1984,
and
a
third
by
precipitation
information
from
a
storm
recorded
in
the
King
Ranch
Station
on
October
22,
1988,
which
corresponds
to
the
passage
of
Hurricane
Joan.
Each
condition
can
have
very
different
timing
and
distribution
of
the
rainfall
which
will
influence
flows
to
the
basin.
Specific
to
these
different
scenarios,
in
the
first
condition
a
storm
may
last
5
hours
and
in
the
first
hour
and
ten
minutes
81.3%
of
all
precipitation
falls.
In
comparison,
88%
of
the
rainfall
during
a
storm
in
the
second
condition
falls
in
the
last
6
hours
which
implies
a
wet
soil
condition,
which
will
heavily
influence
runoff
flow
patterns.6
These
climactic
and
hydrologic
factors
are
critical
when
planning
for
dam
construction
and
for
accurately
predicting
resultant
impacts
on
upstream
and
downstream
environments,
from
both
an
ecological
and
anthropological
standpoint.
Purpose
Although
dams
can
be
operated
for
multi-‐use
purposes,
such
as
storing
water,
generating
power
and
flood
control,
the
Piedras
Dam
project
has
been
proposed
for
the
primary
benefit
of
producing
a
reservoir
that
would
provide
drinking
water
to
development
projects,
mostly
hotels
and
resorts,
along
the
Pacific
Coast
of
Costa
Rica.
Where
the
project
may
be
beneficial
for
development
purposes
on
the
coast,
opposition
groups
argue
that
this
dam
is
to
gather
water
to
sell
it
later
or
to
transform
the
area
into
a
“little
Hawaii”.7
Since
the
majority
of
the
“sun
and
beach”
tourists
who
come
to
the
region
do
not
visit
the
national
parks
there
may
be
less
concern
on
the
part
of
developers
in
maintaining
sufficient
flows
to
regions
such
at
the
Palo
Verde
National
Park.8
6
Informe_Hidrologico
Embalse
DRAT
Final
at
40.
7
Dams
Research
Summary.
8
Los
desafios
de
la
Region
Chorotega,
Estado
de
la
Nacion,
307.
The
major
direct
environmental
impact
upstream
will
be
flooding
land,
which
does
not
contain
towns
or
infrastructure,
and
is
mainly
used
for
livestock
farming.
Also,
the
soils
where
the
dam
is
located
are
not
good
for
agriculture.
A
protected
area,
Lomas
de
Barbudal,
will
be
flooded
as
a
result
and
is
not
seen
as
a
major
issue
because
there
are
two
islets
within
the
dam
which
can
be
developed
into
areas
of
rich
biological
diversity.
Sociological
direct
benefits
are
that
it
will
support
the
development
of
rural
aqueducts
and
tourism,
and
Tempisque’s
lower
basin
will
be
provided
with
technical
support,
decreasing
dependency
on
ICE.9
Stakeholders
Analysis
Issue:
Whether
or
not
the
proposed
Piedras
Dam
should
be
built.
Context:
Parties
on
both
sides
of
the
issue
argue
for
the
benefits
or
drawbacks
of
the
proposed
Piedras
Dam.
Where
the
construction
of
the
dam
may
allow
for
increased
development
along
the
coast
is
this
beneficial
to
Costa
Rican
citizens,
from
sociological,
economic,
and/or
environmental
perspectives?
Table
1:
Institutions
Acronyms
Spanish
English
Translation
ARESEP
Autoridad Reguladora de Public
Services
Regulator
(Price
of
water)
Servicios Públicos
AyA
Instituto
Costarricense
de
Costa
Rican
Institute
of
Aqueducts
and
Sewers
Acueductos
y
Alcantarillados
CNE
Comisión
Nacional
de
National
Emergencies
Commission
Emergencias
(Disaster
Management)
FONAFIFO
Fondo
Nacional
De
National
Forestry
Trust
Financiamiento
Forestal
(Payment
for
Environmental
Services)
ICE
Instituto
Costarricense
de
Costa
Rican
Institute
of
Electricity
Electricidad
IMN
Instituto
Meteorológico
National
Meteorological
Institute
Nacional
(Climate
Change)
MAG
Ministeria
de
Agricultur
Ministry
of
Agriculture
(Drought)
MINAET
Ministerio
de
Ambiente,
Ministry
of
Environment,
Energy,
and
(DA)
Energia,
y
Telecommunications
Telecomunicaciones
(Water
Department
of
MINAET)
(Dirección
de
Aguas)
MINSA
Ministerio
de
Salud
Pública
Ministry
of
Public
Health
(Pollution)
SENARA
Servicio
Nacional
de
Aguas
National
Groundwater,
Irrigation
and
Drainage
Subterráneas,
Riego
y
Service
Avenamientos
SETENA
Secretaria
Tecnica
Nacional
National
Environmental
Technical
Service
9
Dams
Research
Summary.
Ambiental
(EIA)
SINAC
Sistema
Nacional
de
Areas
National
System
of
Conservation
Areas
de
Conservacion
(Protected
Areas)
Stakeholders:
Costa
Rican
Government;
AyA;
ICE;
MINAET
(DA);
MINSA;
SENARA;
SETENA;
MAG;
ARESEP;
IMN;
CNE;
SINAC;
FONAFIFO;
Municipalities;
private
investors
specific
to
the
dam;
citizens
and
indigenous
groups;
tourism
industry;
developers;
future
generations;
non-‐government
organizations
(NGO’s);
Organization
of
Tropical
Services
(OTS);
National
Park
Service
Historically,
Costa
Rica
was
able
to
use
the
resources
of
development
banks
such
as
the
World
Bank
and
the
Inter-‐American
Development
Bank
in
order
to
develop
dams
in
the
country;
however,
the
Costa
Rican
government
is
no
longer
able
to
receive
funding
from
these
sources.
Currently
funds
are
derived
by
both
public
and
private
sources.
Ultimately,
the
approval
for
construction
of
the
dam
will
be
from
the
local
government.10
SENARA
is
the
most
interested
in
developing
the
dam
and
AyA
also
has
an
interest.
The
dam
will
create
employment,
generate
revenue
and
provide
a
potable
water
source.
The
Costa
Rican
government
has
not
shown
a
clear
national
political
interest
to
fund
the
project,
so
SENARA
is
trying
to
find
private
clients
that
are
willing
to
fund
it;
the
cost
is
projected
to
be
between
$70
and
$90
million.
SENARA
and
AyA
conducted
a
study
in
the
Tempisque
Basin,
Incremento
en
la
disponibilidad
de
agua
en
la
Cuenca
media
del
Tempisque
y
zona
Costera
de
Guanacaste,
which
focused
on
the
Dam’s
contributions
to
solving
the
potable
water
issue
in
the
region.11
There
is
also
an
aspect
of
social
resistance
to
the
project
which
is
based
on
opposition
groups
believing
the
dam
will
be
used
to
generate
income
by
selling
the
water
gathered
by
the
dam
or
otherwise
simply
used
to
generate
revenue.12
There
is
concern
that
the
major
beneficiaries
of
the
project
may
be
foreign
investors.
Additional
concern
is
related
to
the
quality
of
jobs
that
will
be
created.
The
debate
is
raised
regarding
the
quality
of
life
that
is
generated
through
service
jobs
created
from
increased
resort
development
along
the
coast,
versus
the
ranching
and
farming
occupations
currently
present
in
the
basin.
The
National
Park
Service
and
the
Organization
for
Tropical
Studies
has
concerns
since
the
implementation
of
dams
to
traditionally
free
flowing
rivers
in
Central
American
countries
may
have
substantial
impacts
on
the
flora
and
fauna
downstream
and
upstream
of
the
dam
construction.
As
a
result
of
large
dams
in
Costa
Rica,
community
structure
and
biotic
interactions
may
be
substantially
impacted
given
the
loss
of
migratory
fish
and
shrimp,
and
impacts
to
the
ecosystem
functional
processes
that
these
animals
play
an
important
role,
such
as
organic
matter
decomposition.13
Changes
in
flows
will
have
direct
impacts
on
the
sediment
transport
to
downstream
waters
and
substantially
impact
the
physical
10
Personal
conversations
with
locals.
11
Dams
Research
Summary.
12
Dams
Research
Summary.
13
Elizabeth
P.
Anderson,
Catherine
M.
Pringle
and
Manrique
Rojas,
Transforming
tropical
rivers:
an
environmental
perspective
on
hydropower
development
in
Costa
Rica,
16
Aquatic
Conservation:
Marine
and
Freshwater
Ecosystems
679,
685
(2006).
environment
below
the
dam
site.
Species
richness
and
complexity
will
all
be
altered
under
these
conditions
allowing
for
possible
invasion
of
exotics
and
less
desirable
plant
and
animal
communities.
Power
of
the
Stakeholders
MINAET,
AyA,
ICE
and
SENARA
are
the
core
institutions
which
are
responsible
for
Costa
Rica’s
water
management.
MINAET
has
primary
authority
for
the
administration
and
management
of
water
resources
under
the
1942
Water
Law,
Direccion
de
Aguas
(Water
Authority).
SENARA
was
created
by
Law
No.6877
in
1983
as
an
independent
public
entity
to
regulate
irrigation,
national
groundwater
and
drainage
services
while
promoting
agricultural
development.
SENARA
develops
designs
and
operates
systems
for
above-‐mentioned
uses
and
utilizes
partnerships
with
institutions
in
environmental
and
agricultural
sectors.14
AyA
has
the
ability
to
suspend
potable
water
service
if
the
system
that
generates
drinking
water
is
in
jeopardy.
AyA’s
duties
include
setting
the
technical
design
requirements
for
the
systems,
issuing
final
authorization
for
all
the
systems
that
generate
drinking
water
in
Costa
Rica,
and
performing
inspections
on
the
systems.15
MINAET,
DA
(Water
Department
of
MINAET),
maintains
the
National
Water
Register,
the
National
Water
Inventory,
issues
permits
and
concessions
for
water
use,
registers
and
authorizes
the
construction
of
wells,
develops
and
implements
the
National
Water
Policy
and
water
budge
and
collects
water
pollution
fees.
Under
AyA
regulations
operators
of
drinking
water
or
sewage
systems
are
required
to
report
the
volume
of
the
water
used
or
disposed
of
in
their
systems
to
the
DA.16
The
DA
has
final
authorization
over
issuing
concessions,
but
must
consider
SENARA
and
AyA
technical
criteria.
The
DA
requires
developers
to
perform
hydrogeological
analysis
to
certify
that
an
environmental
impact
assessment
was
completed
successfully
to
ensure
a
negative
impact
on
the
water
of
the
surrounding
communities
will
not
occur.17
MINSA,
per
article
268
from
General
Health
Law
No.
5395,
has
the
authority
to
force
AyA
to
take
action
in
safeguarding
water
quality
and
to
potentially
intervene
if
the
situation
shows
sufficient
urgency
relative
to
impacts
on
the
country.
In
regards
to
wastewater
treatment,
MINSA
is
the
leading
regulatory
authority,
but
AyA
and
MINAET
do
intervene.
MINSA’s
duties
include
supervising
operations
and
ensuring
regulation
standards
are
met,
administering
a
Water
Control
Program,
and
issuing
policies.18
14
Programa
de
Gestion
Integrada
de
Recursos
Hidricos,
Informe
Principal,
18.
15
Water
Quality
Legislations
and
Institutions
in
Costa
Rica,
1.
16
Id.
at
2.
17
Id.
at
6.
18
Id.
at
2.
SETENA
requires
an
environmental
impact
assessment,
which
determines
potential
severe
or
irreversible
impacts
to
the
water
system
and
requires
developers
to
implement
mitigation
measures
to
decrease
any
unavoidable
impacts
on
the
water
quality.19
ICE
regulates
construction
and
operation
of
hydropower
and
issues
water
concessions
for
hydropower
projects.
However,
private
developers
apply
directly
to
the
DA
for
hydropower
concessions.20
Relevant
Costa
Rican
Laws
and
Regulations
In
1994
Article
50
of
the
Constitution
of
Costa
Rica
was
amended
to
provide
every
citizen
with
the
right
to
a
healthy
and
ecologically
balanced
environment.
Alongside
Article
50
is
Article
46,
which
makes
it
clear
that
there
is
a
government
obligation
to
ensure
protection.
The
two
Articles
working
together
have
become
the
foundation
of
nearly
all
environmental
legal
protection
in
the
country.21
After
these
Articles
were
implemented,
Costa
Rica
continued
to
develop
its
environmental
protection
laws
and
created
laws
which
regulate
the
waterways,
including
laws
to
control
private
exploitation
of
the
water.
Costa
Rica’s
1942
water
laws
were
created
before
the
population,
economic
and
development
boom
of
the
country
and
result
in
water
conflicts
across
the
country.
A
popular
initiative
created
a
draft
bill
to
reform
the
water
laws,
but
Costa
Rica
still
operates
under
the
laws
of
1942.
Water
Law
No.
276
declares
water
a
public
good
under
national
ownership
with
the
hierarchy
of
uses
being
domestic,
agricultural,
hydro
and
industrial.
Ordinary
indoor
and
outdoor
use
of
water
is
available
to
everyone,
exempt
from
the
concession
or
consumptive
use
permits
under
the
existing
laws.22
Permits
are
issued
by
ICE
and
MINAET
for
a
maximum
duration
of
30
years
and
the
associated
fees
are
calculated
based
water
usage.23
When
required,
project
approval
may
depend
on
an
environmental
impact
assessment,
which
is
submitted
to
and
approved
by
SETENA,
the
National
Environmental
Technical
Secretariat.
All
electricity
generated
through
hydroelectric
power
production
must
be
sold
to
the
state
energy
regulatory
body,
the
Costa
Rican
Institute
of
Electricity
(ICE),
which
maintains
a
monopoly
over
the
distribution
of
electricity
and
allows
the
government
to
determine
the
price
consumers
will
pay
for
energy.24
19
Id.
at
4.
20
Franklin
Paniagua,
Power
Point
Presentation.
21
R.
Victoria
Lindo,
Hydroelectric
Power
Production
in
Costa
Rica
and
the
Threat
of
Environmental
Disaster
Through
CAFTA,
29
B.C.
Int’l
&
Comp.
L.
Rev.
296,
301
(2006).
22
Id.
23
Cover-‐Ruiz,
Reilly-‐Brown,
Saavedra,
El
Pais
Verde
&
the
Sunshine
State,
A
Comparative
Analysis,
Conclusions,
and
Recommendations
for
Costa
Rica
Water
Allocation
Reform,
1,
6
(2009).
24
Hydroelectric
Power
Production
in
Costa
Rica
and
the
Threat
of
Environmental
Disaster
Through
CAFTA
at
301.
The
companies
who
are
able
to
proceed
with
a
dam
project
must
abide
by
legal
restrictions
regarding
environmental
conservation.
The
rivers
must
be
used
rationally,
efficiently,
abide
by
the
limits
regarding
the
degree
of
alterations
to
the
quality
and
quantity
of
the
water,
actively
protect
and
maintain
the
equilibrium
and
to
take
adequate
remedial
measures
ensuring
limiting
and
correcting
any
contamination.
A
fine
will
be
assessed
if
the
companies
fail
to
follow
these
restrictions.25
However,
the
laws
are
not
sufficient
for
protecting
the
environment.
The
Surface
Body
Classification
Decree
No.
33903-‐MIAE-‐S
is
important
for
regulating
water
quality
as
it
establishes
criteria
to
assess
and
classify
water
bodies
in
the
country
and
then
sets
forth
potential
authorized
and
non-‐authorized
uses
according
to
those
classes.
However,
due
to
lack
of
financial
resources,
the
water
authority
does
not
enforce
the
regulation
and
based
on
development
studies
it
is
not
likely
to
begin
until
at
least
2014
even
though
the
laws
were
created
in
2007.26
Costa
Rica
is
that
the
laws
of
Costa
Rica
do
not
limit
the
amount
of
dams
per
watersheds
and
restrict
the
amount
of
electricity
each
dam
is
allowed
to
produce.
Also,
there
is
not
strict
enforcement
of
the
environmental
laws,
which
do
exist.
SETENA
often
approves
projects
that
should
have
been
rejected
when
considering
the
environmental
damages,
which
gives
cause
to
speculate
about
corruption
in
the
system.27
Scoping
Procedures
for
the
Environmental
Impact
Assessment
in
Costa
Rica,
the
United
States,
and
Internationally
One
of
the
most
important
environmental
management
tools
to
be
adopted
across
the
globe
is
the
environmental
impact
assessment,
which
calls
for
an
in-‐depth
study
of
environmental
impacts
of
proposed
projects.
The
first
step
towards
conducting
an
EIA
is
beginning
the
scoping
process.
Scoping
is
used
to
determine
the
extent
of
and
the
approach
to
an
EIA.
It
generally
involves
including
the
relevant
authorities
and
affected
groups,
identifying
relevant
issues
that
need
to
be
examined,
identifying
possible
alternatives,
and
creating
terms
of
reference
for
further
study.
The
main
purposes
of
scoping
are
to
provide
an
opportunity
for
stakeholders
to
exchange
information
and
express
their
views
and
concerns
regarding
a
project
before
an
EIA
is
undertaken
and
to
focus
on
alternatives
and
issues
so
that
the
resulting
EIA
is
efficient
and
thorough.28
Scoping
saves
time
and
resources
while
reducing
the
risk
of
costly
delays.
Scoping
Process
in
Costa
Rica
The
scoping
process
in
Costa
Rica
is
a
fairly
recent
one.
In
1995,
Organic
Environmental
Law
No.
7554
established
the
National
Environmental
Technical
Service
(SETENA)
as
the
agency
charged
with
developing
and
implementing
EIA
regulations
and
evaluating
EIAs
25
Id.
at
302.
26
Water
Quality
Legislations
and
Institutions
in
Costa
Rica
at
6.
27
Hydroelectric
Power
Production
in
Costa
Rica
and
the
Threat
of
Environmental
Disaster
Through
CAFTA
at
307,
308.
28
Dep’t
of
Electricity
Development,
Manual
for
Preparing
Scoping
Document
for
Environmental
Impact
Assessment
(EIA)
of
Hydropower
Projects
4
(Private
Sector
Hydropower
Development
Project,
2001).
when
they
are
required
under
the
applicable
regulations.29
SETENA
is
a
sub-‐agency
of
the
Ministry
of
Environment,
Energy,
and
Telecommunications
(MINAET).
In
1997,
SETENA
published
its
Manual
for
Procedure,
setting
out
its
guidelines
and
procedures
for
environmental
impact
studies.
This
publication
defines
the
obligations
of
project
developers,
consultants,
and
SETENA,
as
well
as
SETENA’s
internal
organization
and
competence.
In
2004,
Executive
Decree
No.
31849
further
developed
and
amplified
Costa
Rica’s
EIA
laws,
including
the
scoping
process,
and
these
remain
the
procedures
in
use
today.
First,
all
projects
undergo
a
preliminary
assessment.
The
law
divides
these
projects
into
two
categories:
(1)
activities
for
which
there
is
a
specific
law
mandating
an
EIA
(Annex
1
of
DE-‐31849),
and
(2)
other
activities
not
contained
in
Annex
1
(Annex
2
of
DE-‐31849).
SETENA
places
Annex
2
projects
into
one
of
three
categories
of
potential
environmental
impact:
A
(high
potential
environmental
impact),
B
(moderate
potential
environmental
impact)),
and
C
(low
potential
environmental
impact).
Category
B
is
further
divided
into
B1
(moderately
high)
and
B2
(moderately
low).
30
Then,
the
developer
must
apply
for
a
Request
of
Environmental
Feasibility
(Solicitud
de
Viabilidad
Ambiental)
by
submitting
a
fee
and
either
a
D1
or
a
D2
form,
depending
on
the
size
of
the
project
and
its
potential
environmental
impacts.31
A
D1
form
is
required
for
activities
in
categories
A
and
B1
and
sometimes
B2,
1000m2
or
more
in
size.
A
D2
form
is
used
for
category
B2
and
C
projects
that
are
500-‐999m2.
D2
activities
are
considered
to
have
generally
low
environmental
impacts,
and
the
Request
of
Environmental
Feasibility
is
granted
if
SETENA
determines
that
the
D2
form
is
free
of
errors.
D1
projects
are
subject
to
a
more
in-‐depth
process.
Once
again,
SETENA
determines
the
level
of
potential
environmental
impact
and
requires
a
Declaration
of
Environmental
Commitments,
an
Environmental
Management
Plan,
or
an
Environmental
Impact
Study
(EIS).
The
scoping
process
is
part
of
the
EIS
required
for
high-‐impact
projects.
The
developer
of
the
project
must
employ
an
inter-‐
and
multi-‐disciplinary
team
of
environmental
and
technical
professionals
approved
by
SETENA
to
prepare
the
EIS.
The
developer
is
also
required
to
communicate
with
society
and
the
local
authorities
by
presenting
the
project
to
the
community
and
local
authorities
and
surveying
members
of
local
communities
that
will
be
impacted
by
the
project.
Thus,
the
scoping
process
is
a
joint
effort
between
the
project
developer
and
the
SETENA-‐approved
environmental
consultants.
The
consultants
will
provide
Terms
of
Reference,
environmental
impact
data
needed
for
the
EIA,
and
project
alternatives.
The
developer
will
engage
the
local
communities
and
can
help
bring
awareness
to
significant
issues
that
should
be
addressed
in
the
EIA.
The
public
can
participate
at
any
time
during
the
process
through
private
hearings,
public
hearings,
and
written
opinions
that
may
be
submitted
to
SETENA.
32
29
Joanna
Reilly-‐Brown,
Institutional
and
Legal
Framework
for
Water
Management
in
the
Tempisque
River
Watershed,
Costa
Rica
16.
30
Joanna
Reilly-‐Brown,
Summary
of
Executive
Decree
No.
31849:
Costa
Rica’s
General
Regulation
for
Environmental
Impact
Assessment
Procedures
225-‐227.
31
Id.
32
Anne
Axelsson
and
Stina
Lundstrom,
Public
Participation
in
EIA,
245-‐253.
Scoping
Process
in
the
United
States
In
the
United
States,
the
National
Environmental
Policy
Act
of
1969
(NEPA)
sets
out
procedural
guidelines
for
all
federal
agencies
for
actions
“significantly
affecting
the
quality
of
the
human
environment.”33
Agencies
first
prepare
an
Environmental
Assessment
(EA).
If
the
action
is
found
to
significantly
affect
the
environment,
the
agency
must
conduct
a
more
detailed
Environmental
Impact
Statement
(EIS).
The
scoping
process
takes
place
during
the
preparation
of
the
EA,
to
an
extent,
and
also
in
the
EIS.
This
practice
differs
from
Costa
Rica’s
scoping
process
because
scoping
is
an
integral
part
of
all
actions,
not
just
those
found
to
be
high-‐impact.
The
proponent
agency
must
discuss
the
purpose
and
need
for
the
proposal,
list
possible
alternatives,
list
human
environmental
impacts
resulting
from
the
proposal
and
the
alternatives,
and
list
all
agencies
and
stakeholders
consulted
to
reach
these
conclusions.
The
President’s
Council
on
Environmental
Quality
(CEQ)
is
the
agency
charged
with
overseeing
federal
agency
implementation
of
this
process.
Federal
law
(40
CFR
1502)
dictates
that
the
EIS
“be
prepared
in
accordance
with
the
scope
decided
upon
in
the
scoping
process.”
“Scope”
consists
of
the
“range
of
actions,
alternatives,
and
impacts
to
be
considered
in
an
EIS.”34
The
regulations
go
on
to
state
that
“there
shall
be
an
early
and
open
process
for
determining
the
scope
of
issues
to
be
addressed
and
for
identifying
the
significant
issues
related
to
a
proposed
action.”
Before
scoping,
the
agency
must
submit
a
notice
of
intent
to
be
published
in
the
Federal
Register.
Then,
the
agency
must
complete
the
following
steps
to
complete
the
scoping
process:
1. Invite
the
participation
of
affected
Federal,
State,
and
local
agencies,
any
affected
Indian
tribe,
the
proponent
of
the
action,
and
other
interested
persons
(including
those
who
might
not
be
in
accord
with
the
action
on
environmental
grounds)
2. Determine
the
scope
and
the
significant
issues
to
be
analyzed
in
depth
in
the
environmental
impact
statement.
3. Identify
and
eliminate
from
detailed
study
the
issues
which
are
not
significant
or
which
have
been
covered
by
prior
environmental
review,
narrowing
the
discussion
of
these
issues
in
the
statement
to
a
brief
presentation
of
why
they
will
not
have
a
significant
effect
on
the
human
environment
or
providing
a
reference
to
their
coverage
elsewhere.
4. Allocate
assignments
for
preparation
of
the
environmental
impact
statement
among
the
lead
and
cooperating
agencies,
with
the
lead
agency
retaining
responsibility
for
the
statement.
5. Indicate
any
public
environmental
assessments
and
other
environmental
impact
statements
that
are
being
or
will
be
prepared
that
are
related
to
but
are
not
part
of
the
scope
of
the
impact
statement
under
consideration.
6. Identify
other
environmental
review
and
consultation
requirements
so
the
lead
and
cooperating
agencies
may
prepare
other
required
analyses
and
studies
concurrently
with,
and
integrated
with,
the
environmental
impact
statement
as
provided
in
Sec.
1502.25.35
33
National
Environmental
Policy
Act
§
101,
42
U.S.C.A.
§
4331
(1969).
34
40
CFR
§
1508.25
(1997).
35
40
CFR
§
1501.7
7. Indicate
the
relationship
between
the
timing
of
the
preparation
of
environmental
analyses
and
the
agency's
tentative
planning
and
decision-‐making
schedule.
Comparative
International
Law
Internationally
accepted
procedures
for
scoping
are
similar
to
those
adopted
by
Costa
Rica
and
the
United
States,
but
less
specific.
The
United
Nations
Environmental
Programme’s
Principles
of
Environmental
Impact
Assessment
was
published
in
1987
and
provides
a
mandatory
EIA
framework
for
member
states;
“States
should
not
undertake
or
authorize
activities
without
prior
consideration,
at
an
early
stage,
of
their
environmental
effects.”36
Although
the
document
does
not
explicitly
make
mention
of
the
scoping
process,
it
does
set
forth
that
“In
the
EIA
process
the
relevant
significant
environmental
issues
should
be
identified
and
studied.
Where
appropriate
all
efforts
should
be
made
to
identify
these
issues
at
an
early
stage
in
the
process.”
At
the
Earth
Summit
in
1992,
UNEP
was
asked
to
further
work
on
the
development
of
a
framework
for
the
implementation
of
EIAs.
In
response,
they
published
several
training
manuals,
including
one
specifically
on
the
topic
of
scoping.
Although
these
procedures
are
not
binding,
they
provide
countries
with
acceptable
guidelines
for
conducting
the
scoping
process
for
trans-‐boundary
projects
with
significant
environmental
impacts.
The
manual
begins
by
setting
out
the
purposes
of
scoping,
namely,
identifying:
(1)
the
important
issues
to
be
considered
in
an
EIA;
(2)
the
appropriate
time
and
space
boundaries
of
the
EIA;
(3)
the
information
necessary
for
decision-‐making;
and
(4)
the
significant
effects
and
factors
to
be
studied
in
detail.
Additionally,
it
specifies
that
another
purpose,
identifying
feasible
alternatives
to
an
action,
is
becoming
accepted
internationally
as
an
EIA
“good
practice.”
Next,
the
manual
provides
a
list
of
scoping
activities.
37
Table
2:
Scoping
Activities
in
the
UNEP
training
manual
Getting
ready
1. Prepare
a
preliminary
or
outline
scope
with
headings
such
as:
• Objectives
and
description
of
the
proposal
• The
policy
context
and
environmental
setting
• Data
and
information
sources,
constraints
etc.
• Alternatives
to
the
proposal
• Concerns,
issues
and
effects
identified
to
date
• Provision
for
public
involvement
• Timetable
for
scoping,
EIA
and
decision
making
2. Develop
the
outline
scope
by
informal
consultation
and
by
assembling
available
information,
identifying
information
gaps,
etc.
3. Make
the
provisional
scope
and
supporting
information
available
to
the
public
Undertaking
scoping
4. List
the
range
of
issues
and
concerns
5. Evaluate
relative
importance
and
significance
to
derive
a
short
list
of
key
36
UNEP
Principles
of
Environmental
Impact
Assessment
(1987).
37
UNEP,
EIA
Training
Resource
Manual:
Scoping,
225-‐245
(2002).
issues
6. Organize
key
issues
into
the
impact
categories
to
be
studied
Completion
and
continuity
7. Amend
the
outline
scope
to
progressively
incorporate
the
information
from
each
stage.
8. Establish
the
Terms
of
Reference
(ToR)
for
the
EIA,
including
information
requirements,
study
guidelines,
methodology
and
protocols
for
revising
work.
9. Monitor
progress
against
the
ToR,
making
adjustments
as
needed
and
provide
feedback
to
the
stakeholders
and
the
public.
In
addition,
the
manual
suggests
public
involvement
in
the
scoping
process
through
notification/invitation
for
public
comment
and
written
submissions,
consultations
with
the
stakeholders,
public
and
community
meetings,
and
issues
workshops
and
facilitated
discussion
–
“involving
the
public
in
scoping
helps
to
build
confidence
in
the
EIA
process.”
UNEP’s
five
components
to
effectively
integrate
public
participation
into
the
scoping
process:
1. Identification
of
groups/individuals
interested
in
or
affected
by
the
proposed
development
2. Provision
of
accurate,
understandable,
pertinent
and
timely
information
3. Dialogue
between
those
responsible
for
the
decisions
and
those
affected
by
them
4. Assimilation
of
what
the
public
says
in
the
decisions
5. Feedback
about
actions
taken
and
how
the
public
influenced
the
decisions.
Recommendation
Of
the
methods
discussed
in
Costa
Rica,
the
United
States,
and
internationally,
the
approach
best
suited
for
the
project
in
the
Tempisque
Basin
is
one
which
requires
a
cumulative
social,
environmental
and
economic
impact
statement
for
all
significant
projects
that
discusses
alternatives
when
appropriate.
The
methods
used
in
the
United
States
best
outline
this
process.
The
Costa
Rican
process
isn’t
always
able
to
be
cumulative
because
of
the
lack
of
inter-‐institution
communication.
The
SETENA
staff
is
not
always
aware
of
all
on-‐going
projects
to
make
an
informed
decision
regarding
the
cumulative
impacts.
Likewise,
the
United
Nations
guidelines
are
lacking
because
they
do
not
include
alternatives
as
an
integral
part
of
the
process.
Similarly,
the
method
in
the
United
States
is
not
perfect
either
because
it
only
applies
to
federal
actions.
All
of
the
methods
use
a
system
for
weeding
out
the
projects
where
the
benefits
of
an
assessment
would
not
outweigh
the
costs
of
performing
one
and
actively
inviting
public
participation.
Offering
the
public
opportunities
to
be
heard
helps
improve
the
relations
between
the
stakeholders
and
can
lead
to
a
smoother
planning
process,
which
in
turn
can
reduce
local
opposition
and
aid
in
avoiding
costly
public
inquiries.
Additionally,
including
the
public
in
the
scoping
process
can
help
to
ensure
the
quality,
comprehensiveness,
and
effectiveness
of
the
EIA.
Terms
of
Reference
Summary
*See
Appendix
1
for
the
detailed
impact
analysis.
The
terms
of
reference
(ToR)
document
defines
all
aspects
of
how
a
team
will
conduct
an
evaluation,
or
in
this
case
an
environment
impact
assessment
for
the
construction
of
a
dam
on
the
Piedras
River.
It
defines
the
objectives
and
scope
of
the
evaluation,
the
responsibilities
of
the
team,
and
a
description
of
the
resources
available
to
conduct
the
study.
The
evaluation
ToR
document
serves
as
the
basis
for
a
contractual
arrangement
with
one
or
more
evaluators
and
sets
the
parameters
against
which
the
success
of
the
assignment
can
be
measured.38
In
this
ToR,
information
is
compiled
regarding
two
stages
of
the
dam
project:
first,
the
construction
phase,
and
second,
the
operation
phase.
For
each
phase
actions
have
been
separated
and
identified
based
on:
(1)
the
particular
action
that
will
take
place
to
complete
or
maintain
the
project,
(2)
the
environmental
factor
being
considered
(i.e.
water,
air,
soil,
human
etc.)
and
for
what
purpose,
(3)
the
level
of
importance
or
characterization
of
the
action
on
the
environmental
factor
(high,
medium,
low),
(4)
the
necessary
study
required
to
determine
the
impact,
(5)
the
professional
required
to
conduct
the
study,
and
(6)
justification
for
the
necessity
of
the
study.
In
the
construction
phase
of
the
project
this
would
include
minor
considerations,
such
as,
noise,
lighting,
and
air
emissions
from
the
construction
site,
to
more
disruptive
activities
such
as
the
erosion
of
soils
into
water
bodies
and
how
will
water,
supplies,
and
electricity
be
supplied
to
the
project
area.
Aside
from
the
specifics
of
how
will
the
project
be
completed
from
an
engineering
standpoint,
analyses
will
also
be
needed
to
answer
questions
about
the
project’s
impacts
on
the
flora
and
fauna
in
the
area
and
the
social
implications
of
its
completion.
In
order
to
fulfill
all
investigations
professionals
from
a
wide
variety
of
fields
would
be
needed,
including:
biologists,
ecologists,
anthropologists,
psychologists,
sociologists,
environment
scientists,
civil,
electrical,
chemical,
and
industrial
engineers.
Once
the
project
has
been
completed
then
considerations
need
to
be
taken
for
how
the
project
will
affect
the
community
in
its
“operation
phase”.
These
analyses
will
incorporate
how
will
electricity,
potable
water,
and
security
be
maintained
at
the
dam,
and
how
will
waste
materials
be
removed
from
the
area
in
a
safe
and
healthy
manner.
Follow
up
studies
on
the
predicted
impacts
on
flora
and
fauna
and
local
communities
should
also
be
conducted.