Fall of the Water Falls: a Legal Analysis on Impacts of Mini-hydro Power Projects on Natural Springs in Sri Lanka

Abstract

Mini-hydro power plants are becoming a popular method of generating power using natural streams and waterfalls. Mini-hydro power plants are targeting the areas which are high in ecological sensitivity and biodiversity. Sri Lanka is blessed with natural waterfalls and streams in wet lands which adds beauty to the environment and also creating base for endemic fauna and flora. Constructing mini-hydropower plants has become a profitable commercial business as it considers the economic benefit rather than the ecological value in the areas. When compared with the large hydropower generation projects, mini-hydro power plants generate a lesser amount of power while the environmental cost becomes higher. Since the waterfalls and natural streams are endangered with high and inadequate number of mini-hydro power plant constructions, making path to disappearing of waterfalls and draining the streams. Several legislations have been enacted for the environmental protection while restrictions are imposed for safeguarding biologically sensitive areas. Central Environmental Authority is governing and examining the process of issuing license and process of conducting Environmental Impact Assessments. Even though Environmental Impact Assessments and Initial Environmental Examinations are carried out in this aspect, there are several loopholes in those proceedings which causes risk to natural water springs and waterfalls. The study examines whether the existing Environmental Impact Assessment process in Sri Lanka is effective in ensuring that the mini-hydro power projects are environmentally benign. Black Letter Approach was used for this research and qualitative data analysis method was followed. Sustainable development goals should be upheld than considering monetary benefits when conducting development projects and special legislations should be enacted governing this particular area. The number of license issuing for the construction of Mini-Hydro power plants should be limited and alternative power generation methods which are suitable to Sri Lanka should be encouraged.