Advanced Search

Royal Decree-Law 8/2008 Of 24 October, Which Are Adopted Urgent Measures To Alleviate The Effects Of Drought In Certain Areas Of The Watershed.

Original Language Title: REAL DECRETO-LEY 8/2008, de 24 de octubre, por el que se adoptan medidas urgentes para paliar los efectos producidos por la sequía en determinados ámbitos de las cuencas hidrográficas.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

EXPLANATORY STATEMENT

The adverse weather conditions have resulted in some river basins continuing to face problems for water supply, both for stock supplies and for farms. Agriculture and livestock farming, which is why it is necessary to adopt certain extraordinary and urgent measures to alleviate the effects of the drought.

The 2004/2005 hydrological year had started with a good level of reserves (at 31 September 2004 it was ten percentage points higher than the average for the last ten years), but it had a marked evolution. atypical and loss-making, with rainfall far below the historical average. This hydrological year was the driest that has taken place in Spain since the systematised series of rains began to be recorded in 1947, with an average rainfall of less than 40 percent to the average normal value. This in turn meant an exceptional starting point for the following year 2005/2006, in the sense of the low level of reserves. During the course of the hydrological year 2005/2006, there was a rainfall regime in the country above the previous year but still lower than the average. This led to an increase in reserves, which was nevertheless insufficient to alleviate the situation of departure. Moreover, after the end of the hydrological year 2005/2006, the state of the reserves was even lower than that of the same date of the last hydrological year. The hydrological year 2006-2007 evolved, in general terms, with rainfall above the historical average in the months of February, April and May, which allowed the partial intensity of the meteorological drought of the year to be partially addressed. precedent. However, the dry character continued to be maintained in the basins of the southeast of the Peninsula, in the Segura basin, in the Júcar system, and some of the Guadiana and Guadalquivir systems, as well as in the left bank of the Ebro. At the end of the hydrological year 2006/2007 the reservoirs were not able to meet all the demands normally. In terms of the 2007-2008 hydrological year, the national average rainfall has been marked by 9 percent below the normal average, not being enough to solve the deficit accumulated by previous years in some countries. watersheds. This rainfall deficit has been more pronounced in the Guadalquivir basin, where the current reserves are 32 percent below the average of the previous 5 years, while in the Segura basin, the current year's contributions hydrological are the third lowest of the series of recorded historical contributions (77 years), with a level of reservoirs of water embalmed (without counting the contributions of the Tajo-Segura transfer) also inferior by 25 percent to the average of the last 5 years, aggravating the natural disaster affecting these areas. The general situation of the water reserves of the Guadiana basin for consumptive uses is at the same level as at the beginning of the hydrological year 2005-2006 and 23 percent below the average of the last 10 years. The water reservoirs in the Júcar system are 14 percent below the average for the last five years. It is therefore appropriate to grant a further year the exemption from levies on the availability of water for irrigation, with the addition of the same measure for supplies affected by the scarcity of resources. The worsening of the situation has forced a strategic reserve for the Commonwealth of the Channel of the Taibilla to be carried out in the head of the Tagus, through contracts for the transfer of water rights, which has caused an unexpected and important budgetary imbalance in its business operations. Consequently, it is necessary to restore its economic normality by means of exemptions from the levies corresponding to the fixed and variable operating costs of the water charge for the year 2008. The same reasons advise the extension of the Royal Decree-Law 15/2005 of 16 December of urgent measures for the regulation of the rights of water use transactions, as it has been revealed as a useful tool for the voluntary reallocation of water rights. The validity of the Royal Decrees 1265/2005 of 21 October 2005 and 1419/2005 of 25 November 2009 until 30 November 2009, for which exceptional administrative measures for the management of resources in Júcar were adopted, is also extended. Segura y Tajo, and Guadiana, Guadalquivir and Ebro, respectively, although in the first case only its validity is extended for the areas of the Júcar and Segura river basins and in the second case for the area of the river basins Guadalquivir and Guadiana, with the exception that in the case of the Guadalquivir only until December 31, 2008. It is also extended until 30 November 2009, solely and exclusively for the area of the river basin of the Guadalquivir river not affected by Royal Decree 1666/2008 of 17 October 2008 on the transfer of functions and services of the State administration to the Autonomous Community of Andalusia in the field of water resources and water resources corresponding to the waters of the Guadalquivir basin, which run entirely through the territory of the autonomous community, the Royal Decree 1419/2005, dated 25 November, for which administrative measures are adopted exceptional for the management of water resources and to correct the effects of drought in the river basins of the Guadiana, Guadalquivir and Ebro rivers. These extensions have been agreed after having as a general reference the state of the operating systems in these basins of the Global System of Hydrological Indicators of the Ministry of the Environment, and the Rural and Marine Environment. Indicators of State defined in the Special Plans for Action in a situation of alert and eventual drought written in the inter-community basins and approved according to Order MAM/698/2007, of 21 March, in compliance with the provisions of the Article 27 of Law 10/2001 of the National Hydrological Plan. The persistence of the drought for the fourth year in a row advises to reduce even more the losses of water in the regadios and to improve the efficiency in the management, seeking a saving and greater control that allows greater availability and management tools of the scarce resources. Certain hydraulic works listed in Annex II are provided for, for which the declaration of public utility is included for the purposes of the temporary occupation and the compulsory expropriation of goods and rights, as well as that of urgent the need for the occupation of a set of actions linked to the fight against drought. In relation to the National Park of The Tables of Daimiel, given the exceptional circumstances in which it is found and the low utilization that have enabled these circumstances on the resources transferred previously, it is made it is necessary to grant the exemption from the levies corresponding to the fixed and variable operating costs of the water charge for the year 2008. Finally, the content and scope of this Royal Decree-law has been informed the Junta de Andalucía that will assume from January 1, 2009 the transfer of functions and services in the field of water resources and the waters of the Guadalquivir basin, which are entirely within the territory of the Autonomous Community of Andalusia. In its virtue, in use of the authorisation contained in Article 86 of the Constitution, on a proposal from the Minister for the Environment, and the Rural and Marine Environment and after deliberation by the Council of Ministers at its meeting on 24 October 2008,

D I S P O N G O:

Article 1. Object and scope of application.

1. The purpose of this law is to establish measures to support the right holders to use water for irrigation in the areas affected by the drought, when they have had an endowment of less than 50 percent of the normal. Those areas are listed in Annex I.

2. It also aims to alleviate the economic imbalance produced in the Commonwealth of the Taibilla Channels due to the acquisition of the rights to use water necessary to guarantee the supply of their populations. 3. Finally, it is intended to exempt the National Park of the Daimiel Tables from the contribution corresponding to the rate of driving of the Tajo-Segura supply, given the limited use of the resources transferred previously.

Article 2. Waiver of charges relating to the availability of water.

1. For the 2008 financial year, for rightholders for the use of water for irrigation falling within the scope of application referred to in Article 1.1, the following exemptions are granted: (a) the fee for the use of water and licence fees According to Article 114 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20.

(b) The contributions corresponding to the fixed and variable operating costs of the water-driving tariff included in paragraphs b and c of Article 7.1 of Law 52/1980 of 16 October of the Regulation of the economic regime for the use of the Tajo-Segura aqueduct. (c) the quota of the water-driving charge for the infrastructure of the post-transfer (Segura basin), provided for in Article 10 of Law 52/1980 of 16 October, which is applicable to the waters of the basin, the use of which has been provisionally authorised by virtue of the provisions of Royal Decree 1265/2005 of 21 October 2005.

2. In the financial year 2008, the Commonwealth of the Channel of the Taibilla shall be exempt from the contributions corresponding to the fixed and variable operating costs of the water-driving tariff referred to in paragraphs b and c of Article 7.1 of Law 52/1980 of 16 October.

3. For the financial year 2008, the National Park of the Daimiel Tables is exempt from the contributions corresponding to the fixed and variable operating costs of the water-driving tariff included in paragraphs b and c of Article 7.1 of Law 52/1980 of 16 October. 4. The taxable persons of the levies referred to in the preceding paragraphs who have fully or partially satisfied the corresponding quotas shall be entitled to the refund of the quantities entered.

Additional disposition first. Modification of the scope.

The Minister of the Environment, and the Rural and Marine Environment are empowered to modify the territorial delimitation of Annex I in order to implement the measures provided for in this Royal Decree-Law, once the communities have heard Autonomous and representative organisations in the sector.

Additional provision second. Declaration of urgent need for occupation.

In accordance with the provisions of Article 58 of the Recast Text of the Water Law, approved by Royal Legislative Decree 1/2001 of July 20, the actions of Annex II linked to the fight against drought under the this royal decree-law will implicitly carry the declaration of public utility to the effects of the temporary occupation and forced expropriation of goods and rights, as well as the urgent necessity of the occupation.

Additional provision third. Budget appropriations.

The compensation of the decreases in income that occur in the Hydrographic Confederations as a result of the exemptions provided for in Article 2 of this Royal Decree-Law, will be financed from the credits of the Budget of the Ministry of the Environment, and the Rural and Marine Environment, for the purpose of which the transfers of credit will be effected without the limitation contained in Article 5 (2) (a) of Law 47/2003, of 26 of November, General Budget, in respect of the realization of credit transfers from Capital operations for current operations.

Final disposition first. Extension of exceptional measures.

1. The validity of the Royal Decree-Law 15/2005 of 16 December 2009 is extended until 30 November 2009, with urgent measures for the regulation of the rights transactions in the use of water.

2. It is extended until 30 November 2009, solely and exclusively for the water catchment areas of the Júcar and Segura rivers, the validity of Royal Decree 1265/2005 of 21 October, adopting exceptional administrative measures for the management of water resources and to correct the effects of drought on the water catchment areas of the Júcar, Segura and Tajo rivers, with the exception of Article 6.1. 3. It is extended until 30 November 2009, for the area of the river basin of the river Guadiana, the validity of Royal Decree 1419/2005 of 25 November, adopting exceptional administrative measures for the management of the water resources and to correct the effects of drought on the river basins of the Guadiana, Guadalquivir and Ebro rivers, with the exception of Article 6.1. 4. It is extended until 31 December 2008, for the area of the river basin of the Guadalquivir river, the validity of Royal Decree 1419/2005 of 25 November, adopting exceptional administrative measures for the management of the water resources and to correct the effects of drought on the river basins of the Guadiana, Guadalquivir and Ebro rivers, with the exception of Article 6.1. 5. It is extended until 30 November 2009, for the area of the river Guadalquivir river basin not affected by Royal Decree 1666/2008, of 17 October, on the transfer of functions and services of the State Administration to the Autonomous Community of Andalucía in the field of water resources and use corresponding to the waters of the Guadalquivir basin, which run entirely through the territory of the autonomous community, the validity of Royal Decree 1419/2005, of 25 November adopting exceptional administrative measures for the management of the water resources and to correct the effects of drought on the river basins of the Guadiana, Guadalquivir and Ebro rivers, with the exception of Article 6.1.

Final disposition second. Competitive titles.

This Royal Decree-Law is issued under Article 149.1.22 of the Constitution, which confers exclusive competence on the State in matters of legislation, management and the granting of water resources and exploitation when the water flows through more than one autonomous community.

Final disposition third. Powers of development.

The Government and the Minister for the Environment, and the Rural and Marine Environment, in the field of their competences, will dictate the necessary provisions for the development and implementation of the provisions of this Royal Decree-Law.

Final disposition fourth. Entry into force.

This Royal Decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, 24 October 2008.

JOHN CARLOS R.

The President of the Acting Government MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX I Territorial scope of application of Royal Decree-Law

Tagus Hydrographic Confederation

Tajuna system.

Guadiana Hydrographic Confederation

Gasset System.

The Vicar System. Regable area of Penarroya.

Guadalquivir Hydrographic Confederation

General Regulation Operating System.

Moron Salable Region. Zona Regable Guadalmellato. Zone Regable Sierra Boyera. Regable area of Rumblar. Watering-Channels. Buckles of the buckles. Riegos del Colomera. Systems of Upper Guadiana Minor. System of the Hoya del Guadix.

Segura Hydrographic Confederation

Cierva.

Vegas del Segura, Mundo y Quipar. Argos. Guadalentin. Zones Regables Transfer.

Sugar Hydrographic Confederation

Jucar-Turia Canal.

Eastern Channel. Traditional Sugar Regadios. Traditional Regadios del Turia. Canal Campo del Turia. Regable zone of the Magro.

ANNEX II Relationship of actions for which this Royal Decree-law declares public utility to the effects of the temporary occupation and forced expropriation of goods and rights, as well as the urgent need of the occupation

Segura Basin

Modernization, waterproofing and control systems in the main Las Vegas of the Segura and Mundo.

Tagus Basin

By-Pass Project on the Almoguera Mondejar supply network.

Improvement of Supply to Siguenza. Supply to the Commonwealth of La Muela (Guadalajara). Extension of the water supply network to the Commonwealth of Guadiela. Supply to the new community of waters of the dam of Saint Lucia (Cáceres).

Guadiana Basin

Improvement of supply to the Commonwealth of Las Vegas Altas.

Improvement actions for the management of the Zujar channel.

Guadalquivir Basin

Infrastructure Modernization Project in Sector I A-B of the Regable Zone of Vegas Bajas de Jaen.

Sugar Basin

Actions to improve the availability, guarantee and quality of resources in the Ribera del Júcar, Valencia and its metropolitan area.