Key Benefits:
the current situation in which water reserves are found in the Júcar, Segura and Tajo basins, as a consequence of the lack of rainfall, determines that the demands with the reserves cannot be adequately covered. existing. This situation requires, on the one hand, temporary measures to increase the water available until the levels of the reserves are improved and, on the other hand, to take the necessary administrative measures to correct the This situation is possible through the limitation and restriction of the use of fair and solidarity between all the sectors concerned. It will also be necessary to seek a balance between the use and maintenance of the environmental values of the affected ecosystems and to implement the necessary corrective measures. To that end, Article 58 of the current recast of the Water Law, approved by the Royal Legislative Decree 1/2001 of July 20, empowers the government to adopt, by means of a royal decree and in circumstances of extraordinary droughts, such as the which are currently given in the territory of the mentioned Hydrographic Confederations, the measures that are precise in relation to the use of the hydraulic public domain, even if it has been the object of Concession, for the overcoming of circumstances of need, urgency, anomalous or exceptional circumstances. According to this, this royal decree aims to provide the hydraulic administration with the legal instruments that allow it to proceed to the management of the resources in the most Convenient way for the general interest. To this end, the governing bodies of the Hydrographic Confederations are given a cast of extraordinary powers, including, on the one hand, the authorization of the Government Boards of the Hydrographic Confederations affected to modify the Conditions of use of the hydraulic public domain whatever the legal title has given rise to that use and to establish the reductions of hydraulic supply that are precise for the just and rational distribution of available resources, with limited rights for these allocations, and for another, to enable the Presidents of those Hydrographic Confederations to agree to the implementation or to impose the execution of those actions of control or measures of flow which necessary for a better distribution of water, as well as for the execution of works for the collection, transport or adaptation of infrastructure. The procedures relating to the execution of the royal decree are declared as a matter of urgency, in accordance with Article 50 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Rules of Procedure Common Administrative, and at the same time, simplified procedures for the modification of the Conditions of use of the hydraulic public domain, central element to ensure the effectiveness of this exceptional regulation, assuring in all the necessary participation and hearing of the interested parties. In order to speed up the actions necessary to combat effectively the drought, with the express coverage of Article 58 of the recast text of the Water Act, the implementation of these actions will be of an emergency nature and will be declared It is a matter of public interest and the urgent need for its occupation. An annex is included in which some actions have been identified, which have already been initiated before, but whose need for occupation is revealed at this time, especially as a matter of urgency, given the magnitude and extent of the drought. The sanctioning regime is strengthened in relation to the offences committed in relation to the exceptional measures included in the royal decree, in order to provide the competent bodies with powers commensurate with the gravity of the situation, benefit of the public interest. Finally, taking into consideration the extremely low water reserves existing in the territorial area of the said Hydrographic Confederations, so that all these measures can be truly effective, the period of application of the this royal decree will be extended from its entry into force until 31 December 2006. In the elaboration of this royal decree the Hydrographic Confederations of the Júcar, Segura and Tajo have been heard. In its virtue, on the proposal of the Minister for the Environment, with the prior approval of the Minister of Public Administrations and after deliberation of the Council of Ministers at its meeting on 21 October 2005,
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, is intended to establish the necessary to alleviate the current situation of extreme scarcity of water in which the territorial scope defined in the Hydrological Plans of the Hydrographic Confederations of the Júcar, Segura and Tagus is found.
Article 2. Privileges of the Government Boards and the Presidents of the Hydrographic Confederations.
1. The Governing Boards of the Hydrographic Confederations may temporarily modify the Conditions of use of the hydraulic public domain, whichever is the enabling title that has been entitled to that use, and in particular:
(a) Reduce the supply of water resources that are accurate to rationalize the distribution of water resources.
b) Modify the priority criteria for the allocation of resources to the different uses of water, respecting in any case the supremacy of the use Consigned in article 60.3.1. of the recast text of the Law of Waters, approved by Royal Decree Legislative 1/2001 of 20 July. (c) Impose the replacement of all or part of the Concesional 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 plans. f) Require users, in accordance with the provisions of Article 55 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, the immediate installation of modulation, regulation and measurement in the Conductions. (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 hydrological plans may also be modified temporarily and by means of a reasoned resolution, seeking to ensure the environmental values of the affected ecosystems, and to apply, if considered necessary, corrective measures. These measures shall ensure that the recovery of the state of such ecosystems is not jeopardised.
3. For the performance of the above functions, each of the Government Boards affected will constitute a Permanent Commission, chaired by the President of the Hydrographic Confederation, and of which the Commissioner of Water will be a member, 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 affected Autonomous Community whose the territory is situated within the scope of the Hydrographic Confederation and a 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 Governing Board of the respective Hydrographic Confederations, 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. In the case of the Segura Hydrographic Confederation, three representatives of the traditional vegas and one of the Central Union of Regants of the Tajo-Segura Aqueduct will be part of the Permanent Commission. 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 Presidents of the Hydrographic Confederations are empowered to take all measures necessary for the effective implementation of the agreements adopted by the Permanent Commission, and may order, in the event of non-compliance with the (a) the requirement laid down in Article 2.1.f), and in the case of provisional measures, the temporary closure of the water-outlet or discharge facilities. 5. The Presidents of the Hydrographic Confederations are 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 for the execution of 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. By virtue of this Article, all the time limits laid down in those procedures shall be reduced by half, with the exceptions set out in that Article. 2. the processing of the modification procedures in 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 Hydrographic Confederation will 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 as long as this royal decree is not expressly revoked or maintained.
Article 4. Amendment of the rules of precedence in the contracts for the transfer of rights of water uses.
The head of the Ministry of the Environment, under the provisions of Article 67.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, may authorize, on a temporary basis and exceptional, disposals of rights of use of water which do not respect the order of preference defined in the hydrological plans or in Article 60.3 of the aforementioned standard, respecting in any case the supremacy of the use Consignado in its paragraph 1. º
Article 5. Commissioning and execution of probes.
The Presidents of the Hydrographic Confederations have the power to authorize the start-up, for their own account or for others, of any survey, whether it is a lifting facility 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 Shortage disappear and, in no case, will generate new Concessional rights.
Article 6. Emergency actions.
1. the actions deriving from the execution of this royal decree will have the consideration of emergency to the effects prevented in article 72 of the recast text of the Law of Contracts of the Public Administrations, approved by the Royal Decree Legislative 2/2000 of 16 June. 2. According to the provisions of Article 58 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of July 20, the actions approved under this royal decree will carry the implicit declaration of public utility, the effects of temporary occupation and forced expropriation of goods and rights, as well as the urgent need for occupation. For these purposes, a set of already authorized actions are listed in the annex, necessary to combat the effects of the drought, whose urgent need for occupation is declared expressly by this royal decree.
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 Law, approved by the Royal Legislative Decree 1/2001 of July 20, the limitations on the use of public domain (a) the right of the person to whom he or she is entitled to pay the benefit of the person who is entitled to the benefit of the person who is entitled to the benefit of the person concerned; it shall be for the basin body, in the absence of agreement between the parties, to determine its 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 text of the Water Law, approved by the Royal Legislative Decree 1/2001, July 20, with its violation the Consideration of a very serious infringement, in attention to its special impact on the order and use of the hydraulic public domain. 2. 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. recused of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20, and its violation will have the Consideration of very serious infraction, in attention to its special repercussion in the order and use of the public domain hydraulic. 3. The Hydrographic Confederations 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 Confederations and, in particular, the Consumos made by the corresponding installations of elevation and impelling of the waters that they manage.
Article 10. Relations with the Government delegations.
The Presidents of the Hydrographic Confederations 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 the the measures contained in the.
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, 2006.
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 October 21, 2005.
JOHN CARLOS R.
the Minister of the Environment, CRISTINA NARBONA RUIZ
|
Key | Title | Budget (€) Total | |
| 08.302.207/ 7511 | Connection of sourcing to Pozohondo with Albacete Etap | 2.500.000.00 | |
|
08.302.208/7511 | Connecting the supply to Alcadozo with the Albacete Etap | 3.400.000.00 | |
| 08.302.209/7511 | Sugar Alcala Pedanias Supply Improvement | 200.000.00 | |
|
08.302.210/7511 | New Poll and Driving for Alatoz Supply | 700.000.00 | |
|
08.302.211/7511 | Polling and Driving Equipment for Supply to Tondos (Municipal Term of Cuenca) | 185.000.00 | |
|
08.302.212/7511 | Enhancing small cores in municipalities Lázaro, Lezuza, and Robledo Homes | 500.000.00 | |
|
08.302.213/7511 | New survey and driving for Bonete provisioning | 700.000.00 | |
|
08.302.215/7511 | Equipment of probes and pipelines for compliance with supplies in the Cabriel Basin: Canete, Landete, Narboneta |
1.100,000.00 | |
|
08.302.216/7511 | Connecting the supply to Tinceins with the Albacete Etap | 250,000.00 | |
| 07.302.207/ 7511 | Repair or extension of regulatory deposits in Albacete Sierra cores (Bogarra Municipal Terms, Sierra and Nerpio Elche) |
1.100,000.00 | |
|
07.302.208/7511 | Supply to Mines (Hellin Municipal Term) |
400.000.00 | |
| 03.319.243/ 7511 | Alcorlo-Etap Mohernando (Guadalajara) Driving (Guadalajara) | 3.994.859.74 | |
| 03.319.244/ 7511 | Sorb Commonwealth Connection and Enhancing Contiguous Cores to Guadalajara | 1.421.812.00 |
|
| 03.319.245/7511 | Supply Enhancements to Anguita, Cifuentes, Low Campine Commonwealth, Myedes of Atienza, Mohemaride Robletillo, Siguenza, Valdegrudas | 3.644.256.00 | |
| 03.345.350/7511 | Improving the supply pipelines in the Pusa, Burguillos, Chueca, Consuegra, Garciotun, la Pueblanueva, Marjaliza, Garlic Malpica, Nambroca, Urda, Villamuelas | 3.809.904.00 | |
|
03.345.351/7511 | Connection cores to network provisioning of the Algodor |
786.828.00 | |
| 03.345.352/7511 | Gevalo Mancommunity Supply | 3.500.000.00 | |
| 03.345.353/7511 | Repair or extension of regulators in Aldeanuela de San Bartolomé, Burujon, Cabanas de la Sagra, Calera Y Chozas, Cervera de Los Montes, Lillo, Villanueva de la Sagra, Villanueva de Alcaudette, Yepes | 1.463.224.00 | |
|
07.330.519/7511 | New New Channel desalting plant Cartagena | 83.000,000.00 |
