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The infrastructure of the Tajo-Segura transfer is essential to take advantage of the resources transferred from the Tagus river basin to the Spanish Levante as provided for in Laws 21/1971 of 19 June on the use of the Ta-Segura and 52/1980, on 16 October, to regulate the economic system of the use of the Tajo-Segura aqueduct. This infrastructure, from the Azud de Ojos in the Segura River, is separated into two main distribution channels, the main channel of the right margin and the main channel of the left margin. The latter is passing through a tunnel under the Sierra de Ulea, which has suffered a collapse in its intermediate zone after nearly forty years in service. As a result of this fact, the supply of flows from the Ojos azud to the main channel of the left margin has been completely interrupted. Although the rest of the infrastructure of the basin, and singularly the accumulated reserves in the reservoir of the Pedrera, allow to be able to continue to supply water to the greater part of the users that are served by the mentioned channel, there are others in the The province of Murcia as in Alicante, which due to its specific geographical location and disconnection from other alternative sources of supply, are in a serious situation of shortages at the moment of the year of the greatest water demand.
Therefore, given the emergency situation and the considerable economic losses that the situation may entail, it is necessary to take urgent measures to alleviate this situation. In this sense, this royal decree seeks to provide the Segura Hydrographic Confederation with the legal instruments that power article 58 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, to allow the management of the resources in the most appropriate way for the general interest and to undertake the necessary emergency actions. The Segura Hydrographic Confederation has been heard in its elaboration.
In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations and after deliberation of the Council of Ministers at its meeting of the 24th day of August 2012,
DISPONGO:
Article 1. Object and scope.
1. This royal decree, which is issued under the provisions of Article 58 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, aims to establish the necessary measures for to overcome the current situation of interruption of water supply through the main channel of the left margin, belonging to the Tajo-Segura transfer infrastructure.
2. It will apply to those public water benefits of the provinces of Murcia and Alicante that receive supply through the infrastructure that has run out of service and that cannot be taken care of with the resources stored in the reservoir of Pedrera. It will also be applicable to those other public water uses which, depending on their specific geographical location and particular circumstances, may be used to supply the above.
3. The measures provided for in this royal decree will be implemented until the full resumption of the supply, which will be declared by the Director General of the Water at the proposal of the President of the Segura Hydrographic Confederation.
Article 2. Privileges of the President of the Segura Hydrographic Confederation.
1. The President of the Segura Hydrographic Confederation may temporarily modify the conditions of use of the hydraulic public domain by the use of the use in the territorial scope of application, and in particular:
(a) Impose the replacement of all or part of the concessional flows by others of different origin and of appropriate quality for the use to which it is intended, to rationalize the use of the resource.
b) Temporarily authorize modifications of features that request the use of the advantage affected by the interruption of the supply and that have the object of the change of the point of take.
c) Adapting the system of exploitation of hydropower to supply needs.
2. The President of the Segura Hydrographic Confederation is also empowered to authorize the control of flow, collection, transportation and distribution necessary for temporary modifications of the use of public domain. Hydraulic approved according to the previous section.
Article 3. Processing of the procedures affected by the application of the exceptional measures.
1. The processing of the procedures affected by the application of the exceptional measures provided for in this royal decree will be of an urgent nature, in accordance with the provisions of Article 50 of Law No 30/1992 of 26 November 1992. Legal framework for public administrations and the common administrative procedure. Accordingly, all the time limits provided for in those procedures will be reduced by half, with the exceptions set out in that Article.
2. The procedures for the temporary modification of the characteristics referred to in this royal decree will not require the processing of public information nor the report of compatibility with the Hydrological Plan of Cuenca provided for in Article 144 of the Public Domain, approved by Royal Decree 849/1986 of 11 April.
3. The resolutions adopted in application of this royal decree will be without effect once the same one loses its validity.
Article 4. Commissioning and execution of surveys or captions in channels.
The President of the Segura Hydrographic Confederation has the power to authorize the start-up of the surveys or the surveys, whether or not they have an elevator or not, to allow the the provisional contribution of new resources to the use of the resources included in the scope of this royal decree. This power includes the placing in service of existing surveys or fetches to the extent that they are essential to obtain sufficient flow rates to meet the most urgent demands.
Such surveys and fetches will be closed when the conditions of scarcity disappear and, in no case, will generate new concessional rights.
Article 5. Emergency actions.
1. The actions resulting from the execution of this royal decree will have the emergency consideration for the effects prevented in article 113 of the recast text of the Law of Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, dated November 14.
2. In accordance with the provisions of Article 58 of the recast text of the Water Act, the acts adopted shall include the declaration of public utility, the effects of the temporary occupation and the compulsory expropriation of goods and rights, as well as the urgent need for occupation.
Article 6. Non-indemnable character of the measures taken.
In accordance with the provisions of Articles 55.2, first indent, and 58 of the recast text of the Water Act, the limitations on the use of the public hydraulic domain shall not be indemnified, unless a a change in flow rates which would result in damage to the benefit of others; in such a case, the beneficial owners must satisfy the appropriate compensation and shall be the responsibility of the basin body, in the absence of agreement between the parties, the determination of their value.
Final disposition first. Competence title.
This royal decree is issued under Article 149.1.22. of the Constitution that attributes to the State the competence on legislation, management and the granting of water resources and benefits when the waters flow through more than one stand-alone community.
Final disposition second. Regulatory enablement.
The Minister of Agriculture, Food and the Environment is empowered to make the necessary provisions for the development and implementation of this royal decree.
Final disposition third. Entry into force.
This royal decree will enter into force on the day of its publication in the "Official State Gazette".
Given in Madrid, 24 August 2012.
JOHN CARLOS R.
The Minister of Agriculture, Food and the Environment,
MIGUEL ARIAS CANETE
