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PART 2RIVER BASIN MANAGEMENT PLANNING

Designation as artificial or heavily modified bodies of surface water

4.—(1) SEPA may designate a body of surface water as artificial or heavily modified when—

(a)the changes to the hydromorphological characteristics of the body of surface water, which would be necessary for achieving good ecological status, would have significant adverse effects on—

(i)the wider environment;

(ii)navigation, including port facilities, or recreation;

(iii)activities for the purposes of which water is stored, such as drinking water supply, power generation or irrigation;

(iv)water regulation, flood protection, land drainage; or

(v)other equally important sustainable human development activities; and

(b)the beneficial objectives served by the artificial or modified characteristics of the body of surface water cannot, for reasons of technical feasibility or disproportionate costs, be achieved by other means which are a significantly better environmental option.

(2) Where SEPA designates a body of surface water as artificial or heavily modified, it must—

(a)mention the designation, and the reasons for it, in the river basin management plan for the river basin district within which that body is located (or the next update of it); and

(b)review the designation when reviewing and updating the river basin management plan.