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Resolution Of November 27, 2008, In The Guadiana Hydrographic Confederation, About Limitations To Navigation And Floating, Sports Or Recreation, In Rivers And Reservoirs In The Basin Of Guadiana.

Original Language Title: Resolución de 27 de noviembre de 2008, de la Confederación Hidrográfica del Guadiana, sobre limitaciones a la navegación y flotación, deportiva o de recreo, en los ríos y embalses de la cuenca del Guadiana.

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TEXT

The application of the existing texts of the Water Law (Royal Legislative Decree 1/2001, of July 20, as amended by Law 62/2003, of December 30, and by Law 11/2005, of June 22), and of the Regulation of the Public Domain Hydraulics (Royal Decree 849/1986 of 11 April, as amended by Royal Decree 606/2003 of 23 May and by Royal Decree 9/2008 of 11 January 2008), in respect of navigation and flotation, makes it necessary to maintain certain measures intended to protect the quality of existing water in rivers and reservoirs to be as appropriate as possible to the preferred uses for the stored waters, safeguarding the natural environment, and progressively reducing the emissions which the motor navigation produces. However, the renewal of the explosion engines used to sail in the Guadiana basin, which has taken place in recent years as a result of the limitations established for the old two-stroke engines, makes possible an increase in usable power from now on, with more modern and efficient engines, thus addressing the demands of certain sectors.

In addition, due to the proliferation of zebra mussel (Dreissena polymorpha) in the Ebro river basin, and its most recent detection in the Júcar and Segura basins, the adoption of measures is deemed necessary. specific to prevent the invasion of the Guadiana basin by this aloctone species, since navigation is its main vector of dispersion.

It also seems advisable to maintain and/or establish certain restrictions on navigation and flotation in order to avoid, as far as possible, interference with the common uses of the hydraulic public domain without authorization administrative, fundamentally the bathroom.

On the other hand, the continued increase that navigation and flotation is experiencing day by day in the area of the Hydrographic Confederation of the Guadiana, requires a greater amount of means, both human and material, for the management, protection and improvement of the hydraulic public domain, which the economic-financial regime of its use must collect. In particular, the accrual in favour of the Basin Agency of the so-called "canon of use of the goods of the hydraulic public domain" regulated by Article 112 of the recast text of the Law of Waters, requires its updating.

It is outside the scope of application of the present, navigation for scientific, surveillance or salvage purposes.

For all of the above, and under the powers conferred by the Water Law on the Basin Agency, in particular by Articles 23.1.b), 24.a), 51.a) and 78, this Presidency, having regard to the reports issued by the Autonomous Communities, and on a proposal from the Water Commissioner, resolves the following:

1. Permit the exercise of navigation and daytime flotation, between the sunrise and sunset, in the reservoirs of the Guadiana basin indicated in Annex 1, and in the modalities appearing therein, without prejudice to the limitations, space or time, which may be contained in the following points, provided that the depth available for the practice of navigation or flotation is greater than one metre.

2. Navigation in any stretch of unpacked river will be reduced to the development of public activities, located in space and time (fishing competitions from boat, river routes and descents, public rental services vessels, etc.), and will require the prior and express authorisation of this Hydrographic Confederation, which must be requested at least three months in advance, clearly describing the type of activity, and indicating the section of river to be covered, exact dates or seasons in which it will be developed, and the rates to be applied (if applicable), as any other relevant circumstance about the activity.

3. Allow daytime flotation, between sunrise and sunset, in any stretch of river not artificially packed, as long as the depth available for its practice is greater than one meter.

4. The prior cleaning and disinfection of all vessels and flotation means that have been used in waters other than those located in the management area of the Hydrographic Confederation of Guadiana, taking into account the "protocol", is mandatory. for the disinfection of vessels to prevent the entry of zebra mussel into the Guadiana basin, which is attached as Annex 2 to this resolution, in so far as it applies to each case.

The Guadiana Hydrographic Confederation has mobile facilities for the cleaning of boats and engines, and for the collection of waste, which can be used upon request, indicating that the Disinfection of vessels to prevent the invasion of zebra mussel. However, if, for any reason, the Basin Agency cannot, or is not in charge of, provide this service, it shall, on behalf of the beneficiaries of the authorisations for navigation and flotation, carry out the prior implementation of these measures. prevention in places enabled for this purpose, and must present proof of its implementation.

5. Prohibit all types of navigation and flotation in the following areas of navigable reservoirs:

Rivers Estena and Fresnedoso, in the glass of the Cijara reservoir.

Streams of the Corazoncillo and Encinarejo, in the glass of the Cijara reservoir.

Rio Guadiana, in the glass of the Cijara reservoir, upstream of the Villarta de los Montes-Bohonal road.

Rio Guadiana, in the glass of the Garcia de Sola reservoir, upstream of the Castilwhite bridge to the foot of Cijara dam.

Arroyo de la Almagrera, in the glass of Garcia de Sola's reservoir.

Arroyo de Valmayor, on the glass of Garcia de Sola's reservoir.

Arroyo Pelochejo, on the glass of the Garcia de Sola reservoir, upstream of the town of Peloche.

Rio Guadalalar, in the glass of the reservoir of La Serena, upstream of the Cerro Masawheat to the tail of the reservoir.

Rio Zujar, in the glass of the reservoir of La Serena, upstream of the road Capilla-Garlitos, to the tail of it.

Rio Guadiana, in the glass of the Orellana reservoir, upstream of the Cogolludo bridge, to the mouth of the creek Las Casas.

Rio Guadiana, in the glass of the Orellana reservoir, upstream from the mouth of Las Valdras stream, to the foot of Garcia de Sola dam.

Rio Matachel, in the Alange reservoir vessel, upstream of the Almendralejo-Palomas highway bridge.

Rio San Juan, in the Alange reservoir vessel, upstream of the Alange-Palomas highway.

6. In the Spanish zone of the Alqueva reservoir, only the navigation through the corridors that will be established from the authorized jetties in Spanish territory, to the Portuguese navigation area, is permitted.

7. Prohibit motor navigation in the reservoirs of El Vicario, La Cabezuela and Torre de Abraham, from 1 February until 31 July.

8. Prohibit all types of navigation and flotation in the Zujar reservoir during the months of December and January.

9. Prohibit all types of navigation and flotation in the Montijo reservoir, downstream of the Azud de Mérida, from January 1 to July 31.

10. Prohibit the navigation to less than 200 m of dams, azudes and their taking or drainage organs, and the float to less than 500 m of these infrastructures.

11. Prohibit the navigation with an engine of explosion in the adjacent strips at the coast of the reservoirs, in a width of 100 m, except for anchorage, stranded or exit. To cross this strip the vessel shall be governed by a trajectory perpendicular to the coast line and always at a reduced speed not exceeding 3 knots (5,5 km/h).

12. Prohibit the mooring of vessels and disembarkation, for any purpose, in the existing islands in all reservoirs.

13. Prohibit the navigation and anchorage of vessels less than 100 meters from the existing islands in Alange, Cijara, Garcia de Sola, Orellana, Zujar and La Serena reservoirs.

14. Prohibit navigation at distances of less than 100 m from any bathing area, except in the case of the bag-exit or the exit-board.

15. Prohibit navigation and flotation in all natural lakes and natural wetlands existing in the territory administered by the Hydrographic Confederation of the Guadiana, with the exception of those and those in which its legislation Corresponding autonomic contemplates navigation or flotation as a permitted use.

16. In no case shall navigation be permitted in new applications for authorisation for vessels powered by two-stroke engines. The renewal of existing authorisations for vessels powered by this type of engine will be progressively limited, as follows:

Refresh Request Year

2012 and

Maximum
engine age

(in years)

Year of the engine.

(at most)

2009

12

1997

2010

9

2001

2011

will not be authorized to navigate to ships powered by 2-stroke carburization engines

17. Navigation of motor or sailing vessels of more than 4 metres in length, or of any craft powered by a power engine of 5 hp or more, shall be required to be covered by a compulsory subscription civil liability insurance whose scope and limits are, at least, those laid down in Chapter II of Royal Decree 607/1999 of 16 April 1999 on the regulation of insurance for recreational or sporting vessels. For the risks arising from participation in regattas, tests, competitions of all types and their training, as well as the provision of public services for the rental of any type of vessel, a special insurance must be subscribed intended to cover the civil liability of the interveners, at least for the amounts and with the scope of the mandatory coverage laid down in that Regulation.

18. Limit the power of engines used in the entire basin to a maximum of 150 hp. and, limit the navigation speed of the vessels to a maximum of 16 knots (30 km/h), in any case.

19. The Hydrographic Confederation of Guadiana declines all responsibility for the possible damages and accidents that people and property may suffer from collisions with any type of obstacle existing in the water, either as a consequence of the descent of the levels of the water sheet, either for any other cause occurring in the exercise of the navigation or flotation. In no case shall the evolution of levels in rivers and reservoirs be conditioned by the practice of navigation or flotation on the rivers and reservoirs.

20. Windsurfing boards are considered sailing boats, for all purposes.

21. Floating devices known as 'float tubes' or 'ducks' shall have different consideration depending on their propulsion: either as non-complementary flotation means of the bath, in the case of propelling by fins; or as vessels to oars, in the case of being propelled by oars. Its use in the hydraulic public domain requires in any case prior administrative authorization.

22. Nautical motorcycles are considered to be powered by explosion engines. However, when an area where an explosion-engine navigation is permitted with another bounded for the celebration of any authorised sporting event, the navigation of non-sea-side motorbikes outside the sporting event shall not be permitted.

23. Approve the following hydraulic public domain usage charges:

Flotation (canyons by float or event):

Private service: 15/year.

Public service: 15/season.

Events: 66/event.

Navigation to pedals, rowing or sailing (canyons per boat or event):

6 m in length

6 m in length

Service private

27/year

66/year

Service

27/season

66/season

Events

66/event

Motor navigation (canyons per boat or event):

< 5 CV

5-13.6 CV

13.7-25 CV

25,1-50 CV

50.1-75 CV

75.1-150 CV

service.

33 /year.

46 /year.

66 /year.

100 /year.

165 /year.

250 /year.

Public Service.

33/season.

46/season.

66/season.

100/season.

165/season.

250/season.

Events.

66/event

Disinfection (canyons per watercraft or float).

Type of watercraft or float

With engine

Canon

-

Euros

engine

Pato or float tube.

3.00

Canoe or piragua.

6.00

Vela.

power less than 30 hp.

greater than or equal to 30 hp.

22.00

24. The Hydrographic Confederation of the Guadiana, at the request of the interested parties, may authorize the navigation in events, activities or services which, even if not fully complying with the condition of this resolution, are considered sufficiently motivated and compatible with the objectives that the same aims, which may lead to the acceptance by the applicant, prior and express, of the particular circumstances of the authorization. The application in such cases shall be made at least three months in advance of the intended dates or dates for the performance of the activity.

25. Failure to comply with any prohibition or limitation set out in the above points by users shall mean the opening of the appropriate sanctioning file, with the imposition of the penalties and indemnities that are legally applicable.

26. Repeal the resolution of 15 November 2006, of the Hydrographic Confederation of Guadiana, on restrictions on the navigation and recreation of rivers and reservoirs in the Guadiana basin.

27. This resolution shall enter into force on the day following its publication in the Official Gazette of the State, and shall remain in force until its repeal or amendment is expressed.

Badajoz, November 27, 2008. -President of the Guadiana Hydrographic Confederation, Eduardo Alvarado Corrales.

ANNEX 1

Reservoirs and allowed modes

Reservoir

Float. Tube

Remos and Vela

Electric Motor

Explosion

No

No

No

No

No

Centro_table_body ">

VICARIOUS

Yes

Yes

Yes

PENARYA

Yes

Yes

No

Yes

Yes

JABALON VEGA

Yes

Yes

No

PTO. VALLEHERMOSO

Yes

Yes

No

No

TOWER

Yes

Yes

Yes

CIJARA

Yes

Yes

Yes

Yes

Yes

Yes

Yes

GARCIA ALONE

YES

Yes

Yes

THE SERENA

Yes

Yes

Yes

Yes

Yes

Yes

GARGALIGAS

Yes

Yes

No

CANCHO

Yes

No

alange

No

No

No

Yes

Yes

Yes

Yes

Yes

BOQUERON

Yes

Yes

Yes

zero-TIME

Yes

Yes

Yes

Yes

Yes

Yes

Yes

Yes

MONTIJO

Yes

Yes

Not

VILLAR DEL REY

Yes

Yes

Yes

TENTUDIA

Yes

Yes

Yes

Yes

Centro_table_body ">

ACUTE STONE

No

Yes

No

BROWSE

Yes

Yes

No

No

VALUE

No

Yes

No

ZALALEA

Yes

Yes

No

Yes

No

Yes

Yes

Centro_table_body ">

ballerina Corner

Yes

Yes

No

AZUD MERIDA

Yes

Yes

No

badajoz AZUD

Yes

Yes

No

alqueue (Spain)

No

Yes

Yes

ANNEX 2

Ship disinfection protocol to prevent entry of zebra mussel (Dreissena polymorpha) in the Guadiana basin

The zebra mussel (Dreissena polymorpha) is a species native to the waters of the Black and Caspian Sea. Due to its invasive nature and the serious environmental and economic damage it can produce, it is necessary to take preventive measures to prevent its entry into the Guadiana basin. In particular, in relation to the disinfection and cleaning of vessels or materials that may come from areas already infested, since this species has the possibility to move in the larval state in the waters that remain in the vessels, vehicles or trailers, and even fishing gear or other utensils.

A. Motorboats with motor

A. 1 Cleaning of the external elements of the vessel, trailer and vehicle: All parts of the vessel, trailer and vehicle that have been in contact with the water, as well as the vessels or vessels, must be cleaned. departments used as nurseries for the storage of waste water or water from the river.

Any remainder that has been able to adhere to the hull or the engine of the vessel shall be removed by hot water. The minimum temperature of the washing water must be 60 ° C and preferably must be chlorinated water.

The water used in the cleaning of the vessel cannot in any case go to water courses or sewerage networks, it should be collected in tanks or poured directly onto filter ground.

The use of hydrolysators that meet the following characteristics is recommended:

Pressure: 160 minimum bar.

Working temperature: 60 ° C minimum. Instant heater.

Flow: 600-1200 l/h.

A hose of sufficient length to reach all parts to wash in comfort.

Food: preferably gasoil, to ensure operation at any site without the need for electrical outlet.

If disinfection at the place of entry of the vessel is not possible with a mobile cleaning and disinfection equipment, the nearest fixed disinfection station shall be used.

Fumigate with disinfectant solution (1 ml/l must be added, i.e. about 20 drops of bleach per litre of water) the least accessible areas of the vessel.

A. 2 Cleaning and renovation of the engine cooling circuit: Cleaning must be done with a system that ensures the circulation of hot water (60ºC) by the engine cooling system. There are mainly two types:

Submerge the engine into a container with hot water, for small engines.

Circulate hot water to pressure by the cooling circuit, directly, if possible, or with the help of special pieces that facilitate this work.

At the end of the navigation, refresh the cooling circuits of the engines with clean water. To this end, a small acceleration is recommended before stopping the engine to increase the speed of circulation of the water and the temperature of the engine, thus causing the larvae to die. The engine is then removed from the water and rinsed with clean water.

B. Boats without engines

Before you get the boat into a river, it will ensure that the boat or the piragua is completely dry and clean, to prevent the transfer of mussel larvae and the introduction of adults.

In the place where disinfection is carried out, the water shall be emptied from the inside of the pyrowater or boat. If the pyrowater is insufferable, the inside of the hull must also be emptied.

The vessel will be carefully inspected to remove any remaining attached to the hull.

Fumigate with disinfectant solution (1 ml/l must be added, i.e. about 20 drops of bleach per litre of water) the least accessible areas of the vessel.

C. Sailboats

The process of disinfection and cleaning of the sailing vessels shall be the same as that of the rowing boats, and if the auxiliary motor is available it shall be cleaned and renewed as set out in paragraph A. 2.

D. Windsurfing and float tubes tables

The surfboards, in their different modalities, or the various flotation means (float tubes, ducks, catamarans ...) will be subjected to disinfection and cleaning in an analogous way to the rowing boats.

Equipment Disinfection: For all of the above scenarios, in the appropriate cases, the following recommendations will be followed:

There will be the emptying of ballast water debris and vessel nurseries, deposits, sentines, as well as equipment that has been in contact with the water.

Special care and attention should be taken with those parts that may be accidentally containing mussel, such as the drawing of the sole of the boots, hooks, screws, etc.

Fishing gear (nets, nets, etc.) must be disinfected, either by immersion or spraying with a disinfectant solution (1 ml/l must be added, i.e. about 20 drops of bleach per litre of water). Special care should be taken to ensure that the washing water does not return to the aquatic environment, in order to avoid affections to other organisms.

The rest of the sports team that has been in contact with the water (helmet, paddles, lifeguards, etc.) must be disinfected either by soaking, dipping or spraying with a disinfectant solution (1 ml/l must be added, it is say about 20 drops of bleach per liter of water.) Special care should be taken to ensure that the washing water does not return to the aquatic environment, in order to avoid affections to other organisms.

Competitions: The organizers of any sporting competition (fishing, canoeing, rowing ...) in which any type of boat or floating device, which takes place within the scope of the management of the Confederation Hydrographic of the Guadiana, they must ensure that all the vessels or participating artifacts receive an appropriate treatment to their characteristics. A certificate issued by the Guadiana Hydrographic Confederation or authorised body shall be required.

The species is in full dispersion, it can be in places where it is not known, therefore, always act as if it were present.

If you see any animal with characteristics similar to the zebra mussel, or suspected of its presence, put it in immediate knowledge of the Hydrographic Confederation of Guadiana (924 31 66 00), of the Autonomous Community or of the SEPRONE.