The National Hydrological Plan, approved by Law 10/2001 of 5 July, includes in Chapter III of Title I the forecasts linked to the transfers of water between the low Ebro and the internal hydrological basins of Catalonia, On the other hand, it is important to note that, in the case of the United States, the United States and the United States of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Korea, under certain objectives of rationality, economic and environmental partner efficiency, which have been called into question by various technical The Commission has not yet received the necessary attention and treatment of fundamental aspects, including highlight the following:

(a) In its economic dimension, as the benefits of the project have been exaggerated, its costs are systematically undervalued, and in some cases have not even been taken into account; the price structure for industry, agriculture and consumers has not been sufficiently well explained; it has not been clarified whether different tariffs would be applied across the territories, nor how price agreements would be established; the positive benefits, in In terms of job creation, they have been overestimated, and the relationship between price and demand is not well contemplated.

b) As regards the environmental impact, the effects of a possible reduction in the amounts of water to be transferred have not been adequately analysed and uncertainties about the future flow of the Ebro have not been cleared; have adopted the necessary measures for the protection of the Ebro river and in particular the Delta; the protection of existing protected species has not been ensured, contrary to what is required under Community legislation on habitats; actual risk of spread of invasive species; in the environmental impact assessment and its Associated documents are not collected any information on the taking and distribution of the water of the transfer, nor on the water pumps and the necessary electrical installations, key aspect to determine the energy consumption that they require and their impact on the implementation of the Kyoto Protocol by Spain; nor has it been reported in the consultation process on the increase in salinity expected in the donor basin as well as in the receiving basins, postponed to future studies, which may arrive when the damage is already irreparable.

c) And in terms of the technical aspects, the absence of the necessary rigor in studies on the effective availability of water to transfer is underlined, so it is not possible to determine how much water can be transferred, and with what guarantees, there is also an excessive margin of doubt on the capacity of the reservoirs intended to store water in the receiving basins.

These accused and serious deficiencies in the criteria that support the transfer have been corroborated in good measure by the highly critical assessment that in different phases and procedures has deserved the project to the Community authorities, which is decisive in estimating that the possibilities of obtaining financing from both Cohesion Funds and the ERDF for a project of the characteristics described are practically non-existent.

On the other hand, the implementation of the environmental and socio-economic channels provided for in the water legislation will not be guaranteed, in order to guarantee that in no case will the development of the the future of the ceding basin can be compromised by the transfer, nor will the forced circulation of the environmental flow downstream of the taking of shunt and the maintenance of the associated ecosystems be assured, as expressly requires Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 on the establishing a Community framework for action in the field of water policy (the Framework Directive on Water Policy), a pattern for which the Member States ' water policies in the 21st century will have to be outlined.

According to the European Directive, transfers between basins should only be considered when the water resources of each basin have been optimised; and, in any case, any hydraulic action must be compatible with the the maintenance of the flow rates to ensure the ecological quality of the waters. This applies, of course, to the only significant transfer of water of significant importance in Spain, the Tajo-Segura transfer, the use of which must be strictly adjusted to the conditions laid down in the legislation in force.

Additionally, the mandatory principle of recovery of the true costs associated with the transfer would make the use of the resources provided for irrigation economically unviable and would delay the implementation of the project. solutions to problems that are already very urgent, while there are technically more recommendable alternatives, linked to the management of demand, the use of desalinators and the reuse of resources, which can meet a demand justified and legitimate, to alleviate the overexploitation and contamination of aquifers, and to ensure maintenance of ecosystems of natural interest, ensuring a more rational and sustainable use of water resources.

The picture described leads to the fact that the projected transfer seriously questions the principles that the Law 10/2001 itself, of July 5, establishes in Article 12.

It is necessary to adopt by royal decree law some measures whose urgency is justified in the reasons heretofore exposed, since it would not be possible to continue to invest in the works necessary to carry out a transfer that is not going to be carried out. In addition to an obvious waste of public resources, this would mean preventing or delaying, by freezing financial resources, the necessary and urgent implementation of the structural investment and management measures approved by the Commission. royal decree law with the character of priority and urgent.

Because the satisfaction of the water needs of the Mediterranean basins does not allow for delay, and must be sought to ensure the stability of a more balanced, sustainable and concerted development in all the territories to which has affected the transfer of the Ebro.

The measures taken in this royal decree, strictly adjusted to the constitutional parameter of extraordinary and urgent need, are strictly limited to the repeal of the provisions governing the transfer and the approval of the development of those urgent and priority projects which can most directly influence an improvement in the availability of resources for deficit basins or with serious problems of over-exploitation and pollution of aquifers. In this connection, Annex III incorporates the new actions which are declared in the general interest, while for reasons of clarity and systematic the new Annex IV includes and reorders the set of actions to be undertaken with a view to priority.

In sum, the mandate given by Article 45 of the Constitution to the public authorities to ensure the rational use of all natural resources, among which it is necessary to include the water, in order to protect and improve the quality of life and to defend and restore the environment, based on the indispensable collective solidarity.

In its virtue, in use of the authorization contained in article 86 of the Constitution, on the proposal of the Minister of the Environment and after deliberation of the Council of Ministers at its meeting of the day 18 of June 2004,

D I S P O N G O:

Single item. Amendment of Law 10/2001 of 5 July of the National Hydrological Plan.

Law 10/2001 of 5 July of the National Hydrological Plan is amended as follows:

One. Article 36 (5) is worded as follows:

" 5. Each and every one of the works listed in Annexes II and III is declared to be of general interest with the effects provided for in Articles 46.2, 127 and 130 of the recast of the Water Law, approved by the Royal Legislative Decree 1/2001, 20 of Article 10 of the Law on Compulsory Expropriation in respect of the public utility implicit in the plans of works of the State.

The Ministry of the Environment, the public bodies that are dependent on the environment and, where appropriate, by agreement, other public administrations, will carry out the actions listed in Annex IV as a priority and urgent compliance with the provisions laid down by the rules in force. " Two. Annexes III and IV are added with the following content:

" ANNEX III

New actions of general interest

1. HYDROGRAPHIC BASIN OF THE SOUTH.

a) Desaladora in Nijar.

b) Desalator in the low Almanzora.

c) Desalation in the western Almerian.

d) Remodeling and commissioning of the Marbella desalinator.

e) Desalation on the Costa del Sol.

f) Actuations for the reuse of waste water in Almeria.

g) Reuse of waste water in the city of Malaga.

2. HYDROGRAPHIC BASIN OF THE SURE-FIRE.

a) desalting plant to guarantee the irrigation of the Tajo-Segura transfer.

b) Desaladora for L' Alacanti and Vega Baja.

c) Reuse of wastewater in the Mar Menor.

d) Modernization of the hydraulic infrastructures of the regadios of the region of Los Vélez.

e) Regrowth of the right margin channel of the Tajo-Segura post-transfer. Segura fin sifón Segura a start aqueducto de Campos del Rio.

f) Driving south of the tunnel of El Saltador-Camino del Cerro Minado (Almanzora).

g) Remodeling of the system of pipelines of the Commonwealth of the Taibilla Channels.

h) Desalation of the Cartagena Field (distribution network).

i) Urgent measures to provide resources to the Altiplano.

j) Urgent measures to provide resources to the High Guadalentín.

3. HYDROGRAPHIC BASIN OF JÚCAR.

a) Desalation in the High Navy.

b) Desalation in the Lower Navy.

c) Extending the Javea desalin.

d) Development of programs for the collection of groundwater for supplies and irrigation in Castellón.

e) Wastewater reuse of the EDAR of Novelda and Monforte del Cid.

f) Termination of the reuse of the waste water from Pinedo.

g) Reusing wastewater from the Swedish EDAR.

(h) Reuse of wastewater from the southern Albufera.

i) Reordering of the hydraulic infrastructure of the huerta and sewerage network in the metropolitan area of Valencia.

j) Prolongation of the channel of the Cota 100 of the Mijares River.

k) The power of the Mijares River.

l) Prevention against avenues of the Benimodo ravine.

m) Ares reservoir adequation.

n) Reuse of wastewater in the Vinalopo-Alacanti system.

n) Improvement of the purification and reuse of wastewater from the Plana de Castellón.

4. HYDROGRAPHIC BASIN OF THE EBRO.

a) Quality programme for the waters of the Ebro Delta. Feeding the bays with fresh water from the irrigation channels. Phase 1.

b) Program to correct subsidence and regression of the Ebro Delta.

c) Program for the implementation of environmental indicators networks of the Ebro Delta.

d) Elimination of chemical contamination of the Flix reservoir.

e) Hydrological restoration of the continuity of the Ebro river.

f) Urban Wastewater Sanitation Programme (PSARU 2002) in the Ebro basin.

1.a phase.

5. INTERNAL BASINS OF CATALONIA.

a) Desaladora of the metropolitan area of Barcelona.

b) Additional uses of reuse in the Llobregat and Tarragona.

c) Regulatory Balsas for the ETAP of Sant Joan Despi and Abrera.

d) Extension and improvement of treatment in the Abrera potabilizer.

e) Balsas recharging in the aquifer of Bajo Llobregat.

f) Discontamination of the Bese aquifer.

g) Prolongation of the Abrera-Fonsanta drive to the Prat de Llobregat.

h) Interconnection of supply networks of the North Maresme and ATLL.

i) Complementation of the connection between the ETAP of Abrera and Cardedeu: Fonsanta-Trinitat section.

j) Unfolding of the Cardedeu-Trinidad artery.

k) Strengthening the supply of the Costa Brava center.

l) Program for savings and sustainable management.

Improving the tightness of the supply networks.

m) Hydrological-environmental restoration of the salt residues of the Llobregat for the improvement of water quality. Phase 1.

n) Urban Wastewater Sanitation Programme (PSARU 2002) in the CIC.

n) Hydromorphological recovery in Cardener, Llobregat and Ter.

o) Increase in the treatment of sanitation systems for environmental improvement and the quality of water supply in the Llobregat basin.

ANNEX IV

Priority and urgent actions

1. HYDROGRAPHIC BASIN OF THE SOUTH.

1.1 Actuations increasing availability of water resources:

a) Dalier Field Desalter.

b) Desalator in Nijar.

c) Desalator in the low Almanzora.

d) Sea water desalting of Carboneras.

2.a phase.

e) Desalation in the western Almerian.

f) Remodeling and commissioning of the Marbella desalinator.

g) Desalation on the Costa del Sol.

1.2 Actuations in improving water resource management:

(a) Complementary Wastewater Reuse Actuations in the Dalias Field.

b) Actuations for the reuse of waste water in Almeria.

c) Conjunction dam Cuevas de Almanzora-poniente almeriense (north sector).

d) Improvement of the hydraulic infrastructure of the irrigation areas in the area of Adra.

e) Conductions in the regable area of the Almanzora Caves reservoir.

f) Correction of saline discharges to the Guadalhorce reservoir.

g) Reuse of wastewater on the Costa del Sol.

h) Reuse of waste water in the city of Malaga.

2. HYDROGRAPHIC BASIN OF THE SURE-FIRE.

2.1 Increased availability of water resources:

a) Desaladora del Campo de Cartagena.

b) A desalting plant to ensure the irrigation of the Tajo-Segura transfer.

c) Enlargement of the Mancomunidad de los Canales del Taibilla in Murcia.

d) desalting plant in the Guadalentín.

e) desalting plant for irrigation in Murcia.

f) The desalting plant of La Pedrera.

g) desalting plant. Improvement of the quality in Pilar de la Horadada.

h) Desaladora for L' Alacanti and Vega Baja.

i) Desalation of the Campo de Cartagena (distribution network).

j) Urgent measures to provide resources to the Altiplano.

k) Urgent measures to provide resources to the high Guadalentin.

2.2 Actuations in improving water resource management:

a) Colector for the evacuation of salt water in the Vega Baja and bradora.

b) Colector for the evacuation of salt water in the valley of the Guadalentín and bradora.

c) Reuse of wastewater in the Mar Menor.

d) Modernization of the hydraulic infrastructure of the regadios de la Vega Baja del Segura.

e) Termination of the modernization of the hydraulic infrastructures of the regadios of the Vega Media.

f) Modernization of the hydraulic infrastructure of the Vega Alta regadios.

Ojos-Contracted.

g) Modernization of the hydraulic infrastructures of the regadios de la Vega Alta to Ojos.

h) Termination of the modernization of the water infrastructure of the regions of Lorca and Valle del Guadalentín.

i) Modernization of the hydraulic infrastructure of the region of Librilla.

j) Modernization of the hydraulic infrastructures of the regadios of the region of Los Vélez.

k) Fuensanta-Taibilla Connection.

l) Regrowth of the margin channel

right of the Tajo-Segura post-transfer. Segura fin sifón Segura a start aqueducto de Campos del Rio.

m) The southern mouth of the tunnel of The

Saltador-Camino del Cerro Minado (Almanzora).

n) Improving water quality for

urban supply from the Tajo-Segura.

n) Remodeling of the system of pipelines of the Commonwealth of the Taibilla Channels.

o) Deposit, potabilizer and complementary supply facilities for Hellin.

2.3 Actuations in improving water quality, flood prevention and environmental restoration:

a) Stormwater interceptors from the northern and western neighborhoods of Cartagena.

b) Termination of the environmental recovery of the Segura between Ojos and Contraparada.

c) Enlargement of the Hellin EDAR.

d) Termination of the conservation and conditioning of the hydraulic public domain in the Segura River, Contraparada-Guardamar (Murcia section).

e) Termination of the conservation and conditioning of the hydraulic public domain in the Segura River. Contraparada-Guardamar (Alicante section).

3. HYDROGRAPHIC BASIN OF JÚCAR.

3.1 Increased availability of water resources:

a) Desalation in the High Navy.

b) Desalation in the Lower Navy.

c) Enlargement of the Commonwealth of the Channel of the Taibilla in Alicante.

d) Extending the Javea desalin.

e) Development of programs for the collection of groundwater for supplies and irrigation in Castellón.

f) Regulation to recharge the winter surpluses of the Belcaire River.

g) Azud of daily regulation on the lower stretch of the Turia River.

h) Ares reservoir adequation.

3.2 Current improvements in water resource management:

a) Reuse and regulation raft in Villajoyosa.

b) Reuse of wastewater from the EDAR of Novelda and Monforte del Cid.

c) Termination of the reuse of the waste water from Pinedo.

d) Reusing wastewater from the Swedish EDAR.

e) Reuse of wastewater from the southern Albufera.

f) Plan for the modernization of the Plana de Castellón.

g) Modernization of the traditional waterings of Escalona, Carcaixent, Swedish, Cullera and Cuatro Pueblos.

h) Reordering of the hydraulic infrastructure of the huerta and sanitation network of the metropolitan area of Valencia.

i) Modernization of the Jucar-Turia canal.

j) Great repair and automation of the main channel of the Turia Field.

k) Modernization of the Turia Field Channel.

l) Reposition of the Greater Sagunto Acequia, affected by the construction of the Algar dam.

m) Prolongation of the channel of the Cota 100 of the Mijares River.

n) Manises-Picassent Interconnection.

n) Reuse of wastewater in the Vinalopo-Alacanti system.

o) Improvement of the purification and reuse of waste water from the Plana de Castellón.

3.3 Actuations in improving water quality, flood prevention and environmental restoration:

a) Potabilizer of the Mijares River.

b) Villamante Dam.

c) Alternative to the Marquesado dam.

d) Lamination and improvement of drainage of the basin of the Gallinera.

e) Conditioning of the low Turia and new riverbed.

f) Lamination and control of avenues in the middle basin of the River Serpis.

g) Lamination and improvement of drainage in the basin of the river Vacas.

h) Prevention against avenues of the Benimodo Barranco.

4. HYDROGRAPHIC BASIN OF THE EBRO.

Performances in improving water quality, flood prevention and environmental restoration:

a) Quality programme for the waters of the Ebro Delta. Feeding the bays with fresh water from the irrigation channels. Phase 1.

b) Program to correct subsidence and regression of the Ebro Delta.

c) Program for the implementation of environmental indicators networks of the Ebro Delta.

d) Elimination of chemical contamination of the Flix reservoir.

e) Hydrological restoration of the continuity of the Ebro river.

f) Urban Wastewater Sanitation Programme (PSARU 2002) in the Ebro basin.

1.a phase.

5. INTERNAL BASINS OF CATALONIA.

5.1 Increased availability of water resources:

a) Desaladora of the metropolitan area of Barcelona.

b) Extension of the Dealder of the Torder.

5.2 Actuations in improving water resource management:

(a) Additional uses of reuse in the Llobregat and Tarragona.

b) Regulatory Balsas for the ETAP of Sant Joan Despi and Abrera.

c) Extension and improvement of treatment in the Abrera potabilizer.

d) Balsas recharging in the aquifer of the low Llobregat.

e) Discontamination of the Bese aquifer.

f) Supply from the Cavall Llosa.

Stretch from Calaf to Igualada.

g) Prolongation of the Abrera-Fonsanta drive to the Prat de Llobregat.

h) Interconnection of supply networks of the North Maresme and ATLL.

i) Complementation of connection between Abrera and Cardedeu ETAP: stretch

Fonsanta-Trinitat.

j) Unfolding of the Cardedeu-Trinidad artery.

k) Strengthening the supply of the Costa Brava center.

l) Sustainable savings and management program:

improving the tightness of the supply networks in high.

5.3 Actuations in improving water quality, flood prevention and environmental restoration:

a) Hydrological-environmental restoration of the salt residues of the Llobregat for the improvement of the water quality. Phase 1.

b) Urban Wastewater Sanitation Programme (PSARU 2002) in the CIC.

c) Hydromorphological recovery in Cardener, Llobregat and Ter.

d) Increase in the treatment of sanitation systems for environmental improvement and the quality of water supply in the Llobregat basin. "

Single repeal provision. Regulatory repeal.

1. Articles 13, 16, 17, 18, 19, 21, 22, 23 and 36.4, second indent (from: "For that reason ...", until: "... this Law"), of Law 10/2001, of July 5, of the National Hydrological Plan are repealed.

2. Article 125 of Law 62/2003, of December 30, of fiscal, administrative and social order measures, and how many provisions are opposed to the provisions of this royal decree, is repealed.

Final disposition first. Competence rating.

This royal decree is issued under the provisions of Article 149.1.22.a and 24.a of the Constitution.

Final disposition second. Regulatory development.

The government is empowered to dictate how many provisions are necessary for the development and execution of this royal decree.

Final disposition third. Entry into force.

This royal decree law will enter into force on the same day as its publication in the "Official State Gazette".

Given in Madrid, 18 June 2004.

JOHN CARLOS R.

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