The Ebro river basin is suffering from the effects of the drought, as required by the indicators provided for in the Special Plan for Action in the Event of Alert and Eventual Drought of the Ebro Basin, approved by Order MAM/698/2007, of 21 March, with emergency situation in the regulated zones, which are located within the autonomous communities of La Rioja, Aragon, Navarra and Catalonia and, even being positive the fact of the current normality in the basins of the Berries, Zadorra and Inglares and on the axis of the Ebro, it is necessary to adopt the restrictive measures necessary in relation to the use of the hydraulic public domain for the rational exploitation of the water resources in order to guarantee the maximum possible of the demands of supply of the populations, as well as environmental, how, in an equitable manner, that of the different uses, in so far as the availability of water that each moment allows. In addition, it is also necessary to put in place appropriate measures for the control of flows of flows and to monitor the discharges of industries and to provide for the strengthening of the measures taken by the Permanent Commission for the drought in the Community. alert situation, declared in application of the Special Plan. According to this, this royal decree seeks to provide the Hydrographic Confederation of the Ebro 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. In its preparation the Hydrographic Confederation of the Ebro has been heard. In its virtue, on the proposal of the Minister for the Environment, after approval by the Minister of Public Administrations and after deliberation by the Council of Ministers at its meeting on 15 February 2008,

D I S P O N G O:

Article 1. Object and territorial scope.

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 to alleviate the current situation of extreme water scarcity in which the territorial scope defined in the Hydrological Plan of the Ebro basin, approved by Royal Decree 1664/1998, of July 24, is found.

Article 2. Powers of the Governing Board and the President of the Ebro Hydrographic Confederation.

1. The Governing Board of the Ebro Hydrographic Confederation may temporarily modify the conditions of use of the public hydraulic domain, whichever is the enabling title which has been entitled to such use, and in particular: (a) Reduce the supply of water resources that are accurate to rationalize the distribution of water resources.

b) To modify the criteria of priority for the allocation of resources to the different uses of water, respecting in any case the supremacy of the use recorded in the article 60.3.1. of the Recast Text of the Law of Waters. (c) 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, in order to rationalize the use of the resource. (d) to amend the conditions laid down in the discharge authorisations, in order to protect public health, the state of the resources and the water environment and the associated terrestrial systems. (e) to temporarily modify the allocations and reserves provided for in the hydrological plan. f) Require users, in accordance with the provisions of Article 55 of the Recast Text of the Water Law, the immediate installation of modulation, regulation and measurement devices in the pipes. (g) Adapting the system of exploitation of hydropower to needs in order to make them compatible with other uses.

2. The environmental requirements laid down in the river basin management plan may also be modified temporarily and by means of a reasoned resolution, seeking to ensure the environmental values of the affected ecosystems, and apply, if considers necessary, corrective measures. These measures shall ensure that the recovery of the state of such ecosystems is not jeopardised.

3. The fulfilment of the above functions will be carried out through the Permanent Commission of the Governing Board. The Permanent Commission will be chaired by the President of the Ebro Hydrographic Confederation, and will be part of the Water Commissioner, the Technical Director, the Head of the Office of Hydrological Planning, a representative of each of the Ministries of Agriculture, Fisheries and Food and Industry, Tourism and Trade, a representative of each Autonomous Community concerned whose territory is situated in the field of the Hydrographic Confederation and one representative for each of the the following user groups: supply, irrigation and energy use. The representatives will be appointed among the members of each group within the Government Board of the Hydrographic Confederation, on the proposal of the majority of the members of each of the groups. The President of the Hydrographic Confederation shall appoint the Secretary of the Commission among its members. They will also participate in the Permanent Commission, with a voice but without a vote, a representative of the associations and organizations of defense of environmental interests, two of the most representative labor and trade union organizations and one of the local entities whose territory is wholly or partly in line with that of the river basin, designated by the President of the Hydrographic Confederation, on a proposal from the respective groups. 4. The President of the Hydrographic Confederation of the Ebro is empowered to take all measures necessary for the effective implementation of the agreements adopted by the Permanent Commission, and may order, in the case of non-compliance with the the requirement laid down in Article 2.1.f), and in the case of interim measures, the temporary closure of water-outlet or landfill facilities. 5. The President of the Hydrographic Confederation of the Ebro is hereby authorized to agree to the realization or to impose the execution of those works of control or measure of flow and evolution of aquifers that are necessary for a better distribution of water, as well as to carry out works for the collection, transport or adaptation of infrastructure.

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. Consequently, all the time limits laid down in those procedures will be reduced by half, with the exceptions set out in that Article.

2. The processing of the modification procedures under the conditions of use of the hydraulic public domain shall be carried out as follows:

(a) The procedure shall be initiated on its own initiative by the competent body, which shall be notified to the parties concerned.

b) The report and the elaboration of the proposed modification will be carried out by the Water Commissioner. (c) The hearing of the parties concerned shall be reduced to a period of five days. (d) The approval of the proposal shall be the responsibility of the Standing Committee. (e) The President of the Ebro Hydrographic Confederation shall take the necessary measures to make effective the resolution of modification of the conditions of use of the hydraulic public domain.

3. The resolution adopted will determine the modification of the conditions of use of the hydraulic public domain until it is expressly revoked or this royal decree is maintained in force.

Article 4. Amendment of the rules of precedence in contracts for the transfer of rights of water use.

The holder of the Ministry of the Environment, under the provisions of Article 67.2 of the Recast Text of the Water Law, may authorize, on a temporary and exceptional basis, no rights of water use that do not respect the order of preference as defined in the hydrological plans or in Article 60.3 of the above standard, in full respect of the supremacy of the use entered in paragraph

.

Article 5. Commissioning and execution of probes.

The President of the Hydrographic Confederation of the Ebro is empowered to authorize the start-up of any survey, whether or not it is a lifting installation or not, that allows for the contribution new resources. This power includes putting into service existing surveys or the execution of new ones to the extent that they are essential to obtain sufficient flow rates to meet the most urgent demands and to provide resources for the maintenance of the environmental values of the associated ecosystems, especially in the wetlands at risk of significant environmental damage.

Such surveys will be closed when the conditions of scarcity disappear and, in no case, will generate new concessional rights.

Article 6. Emergency actions.

1. The actions resulting from the execution of this royal decree will have the emergency consideration for the effects prevented in article 72 of the recast text of the Law of Contracts of Public Administrations, approved by the Royal Decree Legislative 2/2000 of 16 June.

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 7. 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, 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.

Article 8. Sanctioning regime.

1. Failure to comply with the requirements referred to in Article 2.1.f) of this royal decree shall be understood to be included in the type defined in Article 116.3.g) of the recast of the Water Act, with its infringement being considered as a very serious infringement, in particular attention to their particular impact on the order and use of the public hydraulic domain.

2. The non-compliance by the users of the measures to reduce the supply of water to be adopted pursuant to Article 2.1.a) of this royal decree shall be understood as including the type defined in Article 116.3.c) of the text. Recast of the Law of Waters, and its violation will have the consideration of very serious infraction, in attention to its special repercussion in the order and use of the hydraulic public domain. 3. The Ebro Hydrographic Confederation may directly implement the repair and replacement measures adopted in the relevant resolutions of the sanctioning files. The amount of such measures shall be borne by the offenders and may be required by the administrative route of the award.

Article 9. Provision of information.

For the proper management and monitoring of the measures that are the subject of this royal decree, the companies supplying energy services referred to by Law 34/1998 of 7 October, of the hydrocarbon sector, and the Law 54/1997, of 27 November, of the electrical sector, will provide the information requested by the Hydrographic Confederation of the Ebro and, in particular, the consumption carried out by the corresponding lifting and driving installations of the waters that they manage.

Article 10. Relations with the Government delegations.

The President of the Ebro Hydrographic Confederation will communicate to the Government Delegates in the autonomous communities affected by this royal decree the actions to be carried out in order to achieve compliance of the measures contained therein.

Final disposition first. Regulatory enablement.

The Minister of the Environment is empowered to make the necessary provisions for the development and execution of this royal decree.

Final disposition second. Temporary validity.

This royal decree will be effective until November 30, 2008.

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, on February 15, 2008.

JOHN CARLOS R.

The Minister of the Environment, CRISTINA NARBONA RUIZ