Royal Decree 1241 / 2012, 24 August, Whereby Exceptional Administrative Measures Of Management Of The Water Resources Are Taken To Overcome The Effects Of The Partial Disruption Of The Supply Through The Transfer Infrastructure...

Original Language Title: Real Decreto 1241/2012, de 24 de agosto, por el que se adoptan medidas administrativas excepcionales de gestión de los recursos hidráulicos para superar los efectos de la interrupción parcial del suministro mediante la infraestructura del trasvase ...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The Tajo-Segura transfer infrastructure is essential to take advantage of the resources transferred from the Tagus River basin to the Spanish levante as provided in law 21/1971, of 19 June, on the Tagus-Segura joint use and 52/1980, of 16 October, regulation of the economic exploitation of the Tajo-Segura aqueduct system. Such infrastructure, from the dam of eyes in the Segura River, is separated into two main channels of distribution, the main channel of the right bank and the main channel of the left bank. Latter crosses shortly after its inception tunnel under the sierra de Ulea, who, after nearly forty years in service, has suffered a collapse in its zone. As a result of this fact, supply flow from the dam of eyes to the main channel of the left bank has been completely interrupted. Although the rest of the infrastructure of the basin, and singularly reserves accumulated in the Pedrera reservoir, allow it to continue supplying water to most of the users who avail themselves of the aforementioned channel, there are others in the Alicante that due to their particular geographical location and disconnection of other alternative sources of supply both the province of Murcia they are in a serious situation of shortage precisely at the time of the year of increased water demand.

For this reason, and given the State of emergency and substantial economic losses that can lead to the situation, it is necessary to adopt urgent measures that would allow to remedy this situation. In this sense, this Royal Decree pursues the Confederación Hidrográfica del Segura of the legal instruments which empowers the article 58 of the recast of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, which would enable it to the management of resources in the form most convenient for the interest to provide general and undertake the actions of emergency that may be necessary. In its preparation, the Confederación Hidrográfica del Segura has been heard.

In his virtue, a proposal from the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration and after deliberation by the Council of Ministers at its meeting of August 24, 2012, available: article 1. Purpose and scope.

1. this Royal Decree, dictated on the basis of provisions of article 58 of the revised text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, aims at the establishment of appropriate measures to overcome the current situation of interruption of the water supply through the main channel of the left bank belonging to the Tajo-Segura transfer infrastructure.

2 it shall apply to the use of public waters of the provinces of Murcia and Alicante who receive supply through infrastructure that has run out of service and that can not be addressed with the resources stored in the Pedrera reservoir. It will also be applicable to those other exploitations of public waters that, according to its specific geographical location and circumstances, can be used to supply the above.

3. the measures provided for in this Royal Decree shall apply while there is the full resumption of supplies, which will be declared by the Director General of water on the proposal of the President of the Confederación Hidrográfica del Segura.

Article 2. Responsibilities of the President of the Confederación Hidrográfica del Segura.

1 the President of the Confederación Hidrográfica del Segura may temporarily modify the conditions of use of the public water domain by the uses included in the territorial field of application, and in particular: to) impose the replacement of all or part of the concessional flows by others of different origin and quality suitable for the use to which it is intended to rationalize the use of resources.

(b) authorize temporarily changes to requesting exploitations affected by disruption of supply and characteristics that relate to the change of the point of making.

(c) adapt the exploitation of the hydroelectric scheme to supply needs.

2. in addition, it empowers the President of the Confederación Hidrográfica del Segura to authorize the works of control flow, collection, transport and distribution needed for temporary use of the public water domain modifications approved in accordance with the preceding paragraph.

Article 3. Processing of the procedures affected by the application of exceptional measures.

1. the processing of the procedures affected by the application of the exceptional measures provided for in this Royal Decree will be a matter of urgency, in accordance with the provisions of article 50 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure. As a result, all the time limits provided for in these procedures shall be reduced to half, with the exceptions listed in that article.

2. the procedures of temporary modification of characteristics referred to in Royal Decree will not require processing of public information or report of compatibility with the River Basin Management Plan referred to in article 144 of the regulation of the public domain, approved by Royal Decree 849/1986, of 11 April.

3. resolutions adopted in implementation of this Royal Decree shall be void once it loses its validity.

Article 4. Commissioning and execution of drilling or catchments on runways.

The President of the Confederación Hidrográfica del Segura is empowered to authorize the setting up, by or self-employed, polls or catchments, you have these with conveying or not, allowing the provisional contribution of new resources to use included in the scope of this Royal Decree. This faculty includes the implementation service surveys or existing abstractions insofar as they are essential to obtain sufficient flows to meet the most urgent demands.

These probes and abstractions will be closed when disappear the conditions of scarcity and in no event will generate new concession rights.

Article 5. Emergency actions.

1. actions arising from the execution of this Royal Decree shall be regarded as emergency for the purposes prevented in article 113 of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, from 14 November.

2. in accordance with the provisions of article 58 of the revised text of the Water Act, approved actions will be implied the Declaration of public utility, the effects of the temporary occupation and forced expropriation of property and rights, as well as the urgent need of occupation.

Article 6. Not compensable nature of the measures taken.

In accordance with the provisions of the articles 55.2, first subparagraph, and 58 of the revised text of the Water Act, limitations in the use of the public water domain will not have a compensable nature, unless it results in a modification of flows that generate damages to some exploitation on behalf of others; in this case, benefit holders must satisfy the timely compensation and it will correspond to the body of cuenca, in the absence of agreement between the parties, the determination of its amount.

First final provision. Skill-related title.

This Royal Decree is issued on the basis of article 149.1.22. ª of the Constitution that the State given jurisdiction over legislation, management and grant resources and hydraulic exploitation when waters run by more than one autonomous community.

Second final provision. Enabling legislation.

It allows the Minister of agriculture, food and environment to make arrangements for the development and execution of this Royal Decree.

Third final provision. Entry into force.

This Royal Decree shall enter force the day of its publication in the «Official Gazette».

Given in Madrid on August 24, 2012.

JUAN CARLOS R.

The Minister of agriculture, food and environment, MIGUEL ARIAS CAÑETE

Related Laws