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Article 40.3 of the recast of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, provides that the hydrological planning will be carried out through the river basin and the Plan National Hydrologic.
According to the provisions of Articles 41.1 and 40.6 of the aforementioned recast of the Water Law, in the river basin districts with basins comprised entirely in the territorial scope of an autonomous community, as it is the case, the elaboration of the Hydrological Plan corresponds to the competent hydraulic administration, being for its part the competence of the Government the approval, by royal decree, of said Plan if it complies with the requirements of the articles 40.1, 3 and 4, and 42, does not affect the resources of other basins and, where appropriate, is accommodated Determinations of the National Hydrological Plan. On the other hand, article 20.1.b) provides, in turn, that the Hydrological Plan be informed by the National Water Council, before its approval by the Government.
The Hydrological Plan of the Hydrographic Demarcation of Galicia-Costa, which replaces the Hydrological Plan of Galicia-Costa approved by Royal Decree 103/2003, of January 24, includes the basins fully understood in the field territory of this autonomous community and, as such, has been developed by the competent administration of the autonomous community.
This Hydrological Plan includes a summary of the Program of Measures and has the initial approval of the Council of the Xunta de Galicia at its meeting on October 13, 2011.
In its elaboration, it has been followed by the Regulation of the Hydrological Planning approved by Royal Decree 907/2007, of July 6, as well as the technical prescriptions established by the Order ARM/1195/2011, of 11 of May, which modifies the Instruction of Hydrological Planning, approved by Order ARM/2656/2008, of September 10. The above-mentioned prescriptions were incorporated into our legal order as basic legislation, in response to the request of the European Commission by the opinion of 18 March 2010 for the purpose of ensuring the correct transposition of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October establishing a Community framework in the field of water policy.
The strategic environmental assessment procedure has also been followed, as laid down in Law 9/2006 of 28 April, on the assessment of the effects of certain plans and programmes on the environment.
The Hydrographic Plan of the Hydrographic Demarcation of Galicia-Costa has been reported favourably by the National Water Council at its meeting of 28 June 2012, so it is necessary to approve it by royal decree, to the protection of the provisions of Articles 40.5 and 6 of the recast of the Water Act and in accordance with the provisions of Article 83 of Royal Decree 907/2007 of 6 July 2007.
In its virtue, on the proposal of the Minister of Agriculture, Food and Environment and after deliberation of the Council of Ministers at its meeting on 14 September 2012,
DISPONGO:
First. Approval of the Hydrographic Demarcation of the Galicia-Costa Hydrographic Plan.
1. According to the provisions of Article 40.6 of the recast of the Water Law, approved by Royal Legislative Decree 1/2001 of July 20, the Hydrographic Demarcation Plan of Galicia-Costa was approved as approved by the Spanish Government. the Consello of the Xunta de Galicia at its meeting of 13 October 2011.
2. The territorial scope of the Hydrological Plan coincides with that of the Hydrographic Demarcation of Galicia-Costa, as established by Law 9/2010, of 4 November, of waters of Galicia, of the Autonomous Community of Galicia, in agreement with the In the case of the R.D. 650/1987 of 8 May 1987, which defines the territorial areas of the catchment areas and the water plans, and the Royal Decree 125/2007 of 2 February laying down the territorial scope of the Hydrographic demarcations.
Second. Conditions for the realization of the hydraulic infrastructures promoted by the General Administration of the State.
The hydraulic infrastructures promoted by the General Administration of the State and foreseen in the Hydrographic Plan of the Hydrographic Demarcation of Galicia-Costa will be subjected, prior to its realization, to an analysis on its technical, economic and environmental feasibility by the General Administration of the State. In any case, their construction will be subject to the existing rules on environmental impact assessment, budgetary availability and the corresponding sectoral plans, where their specific rules so provide.
Third. Advertising.
Given the public nature of the hydrological plans, as provided for in Article 40.4 of the recast text of the Water Act, the full content of the Plan may be consulted by any person in the central services. In the case of Augas de Galicia, as well as in its territorial services and demarcations. This information will also be available on the Galicia Augas website (http://augasdegalicia.xunta.es).
Also, copies or certificates may be obtained from the ends of the same in accordance with the provisions of Article 37 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Procedure Common Administrative, and access to its content in the terms provided for in Law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in the field of the environment.
Fourth. Repeal.
The Royal Decree 103/2003, of 24 January, was repealed and approved the Plan Hydrological Plan of Galicia-Costa.
Given in Madrid, on September 14, 2012.
JOHN CARLOS R.
The Minister of Agriculture, Food and the Environment,
MIGUEL ARIAS CANETE
