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Resolution Of 2 December 2015, The General Direction Of The Water, Which Publishes The Agreement Of The Council Of Ministers Of 20 November 2015, Whereby Certain River Nature Reserves Are Declared.

Original Language Title: Resolución de 2 de diciembre de 2015, de la Dirección General del Agua, por la que se publica el Acuerdo del Consejo de Ministros de 20 de noviembre de 2015, por el que se declaran determinadas reservas naturales fluviales.

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TEXT

The Council of Ministers at its meeting of 20 November 2015 adopted, on a proposal from the Minister for Agriculture, Food and the Environment, the Agreement declaring 82 river natural reserves in the Demarations intercommunity hydrographs. The declaration is made in accordance with the provisions of article 25 of Law 10/2001, of 5 July, of the National Hydrological Plan, prior to the report of the National Water Council and the Environmental Advisory Council, on the proposal of the Minister of Agriculture, Food and the Environment.

The Agreement's third provision states that the Ministry of Agriculture, Food and the Environment will include and keep updated on its website the National Hydrological Reserves Catalogue, which will store all the information on the same and, in particular, the situation and the geographical limits of each of the reserves, which will be defined by means of a geographical information system, so that the information collected in this system will enable it to comply with the provided for in Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment.

This forecast has already been met, so all associated information is available at the following e-mail address: http://www.magrama.gob.es/es/agua/temas/delimitacion-and-public-domain-restore-hydraulic/Catalog-National-of-Reservations-Hydrologics/Default.aspx.

By virtue of the said Agreement, and in accordance with the provisions of Law 27/2006 of 18 July, the Agreement of the Council of Ministers of 20 November 2015 on the Agreement of the State of the Republic of the European Union should be published in the "Official State Gazette", declare certain natural river reserves.

Madrid, 2 December 2015. -Director General of Water, Liana Sandra Ardiles López.

ANNEX

Agreement of the Council of Ministers of 20 November 2015 declaring certain river natural reserves in inter-Community hydrographic demarcations

Water is an essential natural resource for life, so it must be protected by avoiding any harmful influence on it. As an essential element, Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy (WFD), which has been established by the European Parliament and the European Parliament, is highlighted in water policies. the acceptance of new concepts related to adequate protection of the waters and the associated ecosystems.

Inspired by the WFD, and in relation to water resources and river morphology, in article 25 of Law 10/2001, of July 5, of the National Hydrological Plan, the establishment of reserves was included in the Spanish legal framework hydrological for environmental reasons. According to this article, the competence of the declaration of these reserves in the inter-community basins is of the Council of Ministers, at the proposal of the Minister of Agriculture, Food and Environment, prior to the report of the communities Affected autonomies.

Likewise, the Royal Legislative Decree 1/2001, of July 20, approving the recast text of the Water Law, recognizes the declaration of different protection figures through their obligatory incorporation into the River basin management plans, ex Article 42.1.b) c ') and Article 43. In particular, in the aforementioned Article 42, through the amendment of that legal text which was carried out by Law 11/2005 of 22 June, amending Law 10/2001 of 5 July, of the National Hydrological Plan, it is included as content of the hydrological plans of demarcation the determination of the natural river reserves, whose purpose is to preserve without alterations those sections of rivers with little or no human intervention, being a subtype of the widest category of hydrological reserves for environmental reasons governed by Article 25 of the Hydrological Plan National.

The river basin management plans, both first and first cycle, have already been approved, as well as the second cycle, which are currently being processed. A formal declaration is made.

These hydrological plans, both first and second cycle, have had important public participation processes and, in all of them, have participated in the autonomous communities through the different Committees of Authorities. Competent and Water Councils of Intercommunity Hydrographic Demarcations.

Ministry of Agriculture, Food and the Environment has drawn up a joint proposal for a directive on the use of natural resources in the various river basin management plans. River natural reserves which, moreover, have been submitted to a one-month public consultation period on the website of the Ministry of Agriculture, Food and Environment, during the period 14 September to 15 October 2015. In total, 3 submissions were received which proposed the inclusion of new river reserves not included in the initially planned listing, and which, if appropriate, will be declared in the future, following the timely public consultation process.

On September 30, 2015, the National Water Council favorably reported this agreement, with 81 votes in favor, one against, and zero abstentions.

This proposal was also sent to the Environment Advisory Council on 17 September to allow its members to make comments until the following 15 October, with no proposal having been received.

This first agreement includes the declaration of the first 82 river natural reserves, which represent a length of 1,755.23 kms and correspond to the natural river reserves identified in the hydrological plans. of the basin in force, or in the review of the same currently in processing, which in these moments are in very good ecological state, according to the established in these plans.

Pursuant to Article 25 of the aforementioned Law on National Hydrological Plan, prior to the report of the National Water Council and the Environmental Advisory Council, on the proposal of the Minister of Agriculture, Food and the Environment, and after deliberation by the Council of Ministers at its meeting on 20 November 2015,

AGREEMENT

First.

According to Article 25 of Law 10/2001, of 5 July, of the National Hydrological Plan, the natural river reserves that are accompanied as an annex to this agreement are declared, distributed as follows in the different intercommunity hydrographic demarcations:

Hydrographic Demarcation

Number of River Natural Reserves

Length total (km)

East Cantabrian (intercommunity scope).

2

23.99

Western Cantabrian.

14

27.82

Mino Sil.

7

106.80

Duero.

4

60.10

Tajo.

15

325.37

Guadiana.

3

225.45

Guadalquivir.

7

242.79

.

7

175.24

Júcar.

10

166.37

Ebro.

13

201,29

Total

82

1.755.23

Second.

Watershed organizations will proceed to update the register of protected areas for the incorporation of these natural river reserves.

Third.

The Ministry of Agriculture, Food and Environment will include and keep updated on its website the National Catalogue of Hydrological Reserves, which will store all the information of the same and, in particular, the situation and the geographical boundaries of each of the reserves, which will be defined by a geographical information system, so that the information gathered in this system will enable compliance with the provisions of Law 27/2006 of July 18, for which regulate the rights of access to information, public participation and access to justice in the field of the environment.

Fourth.

The descriptive memory of the declared reserves is accompanied by this agreement.

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