Consequences of the new Groundwater Directive for Infiltration for the Purpose of the Drinking-Water Supply

Abstract:

Drinking water companies use dune water infiltration and bank infiltration to keep groundwater at the required level with a view to abstractions of groundwater. The infiltration also serves to improve the quality of the infiltrated water. Infiltration has been regulated both at the European and the national level, and a special system applies which distinguishes between discharge (both direct and indirect) into the soil and groundwater and infiltration as artificial recharge of the groundwater body. Artificially recharging groundwater bodies is currently permitted, if strict requirements concerning the quality of groundwater are fulfilled.

The present article discusses the current legal regime for infiltration as based on the Groundwater Directive and the Water Framework Directive where artificial recharge and the possible exceptions in respect of achieving the good condition of groundwater are concerned. The more detailed elaboration in the new Groundwater Directive is also discussed. Finally, an answer is provided to the question of whether it is indeed possible that the new Groundwater Directive sets up impediments for infiltration for the benefit of the drinking water supply. A possible amendment of the new Groundwater Directive is proposed. The article concludes with a summary and conclusions.