The Regulation of the Public Hydraulic Domain, which develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20, approved by the Royal Decree 849/1986, of April 11, includes the development of the main aspects related to the management of the hydraulic public domain. By means of this royal decree, titles II and V of the Regulation of the Public Hydraulic Domain are amended, in order to regulate the registration activity of the hydrographic confederations and to develop the criteria that determine the severity of the violations in the field of hydraulic public domain.

The need to have a public register in which the rights recognized for the use of water resources are registered in order to ensure the rational management of water has an entrenched tradition in the our legal order.

By Royal Decree of 12 April 1901, a Central Register of public water resources and a provincial registry are established in the Directorate General of Public Works in each of the provinces ' headquarters. Leverage. It is stated in this rule that " it is urgent to take appropriate measures for the knowledge of all the public water resources granted and to be granted henceforth, because the lack of statistical data to enable us to know The accuracy of the available flow of each stream makes it impossible to judge the Administration in many cases with probabilities of success on the possibility and usefulness of the concessions, correcting the serious risk of granting some in practice, or on the contrary, to deny others that might be achievable in good conditions, creating in the first case a right that cannot be made effective, or by inusing in the second a profitable initiative for the public wealth ".

Since the beginning of the Registry its application has suffered numerous attempts to achieve the objective objective of statistical effectiveness and aid to the management of the hydraulic public domain through successive norms dictated for updating the Register and adapting it to reality. In 1963 it was agreed that "their development has been precarious due to a lack of regulations that regulate the performance of the same ... after more than sixty years, they are practically inoperative". In 1967, new rules on its functioning were dictated by seeking greater agreement between reality and the registered. It follows, therefore, that the hydraulic administration is concerned with the imperfection of the existing instrument that does not reach the intended objectives.

It is in 1985, with the promulgation of the new law of waters, when it turns on the question and the Register of Waters is created in the conditions currently in force, fixing its organization and norms of operation regulatory. Its basic character is to promote legal certainty, to provide a means of proof and to provide protection for the use of the register.

In short, for more than a hundred years, the regulations have sought the same objective not yet achieved in the required degree. Immersed in the information society, the technical advances of our time require an adaptation, both of the legislation and of the precise instruments in the administration of the water, in order to make them more in accord with the reality. This need, combined with the current resources and technological means, can make it possible today to achieve this long-standing aspiration.

The Water Registry, currently defined as a data-processing structure, is conceived as the appropriate instrument for the official record of the existence, status and conditions of the water use, then it favours legal certainty by constituting a means of testing and providing protection for the use of the registered person. It should also not be limited to a legal/administrative register, but the aim already sought in 1901 to become the basic tool for compiling statistics on legally committed resources should be achieved. aid in the management of the public hydraulic domain and in the hydrological planning, by allowing an adequate estimation of the hydraulic resources of the different river basins.

The purpose of this royal decree is to regulate the rules of organization and operation of the Water Registry and the context in which it is inserted, in such a way that it serves to fulfill its objectives as a fundamental instrument for the management and control of the public domain of water and water planning, making use of technological advances based on electronic administration, administrative simplification and the reduction of burdens for citizens to ensure better service and compliance with the general interest which is attributed to the General government. Therefore, the situation existing so far is reordered, both in terms of the characteristics to be recorded in its seats, and in relation to the value which, as a public instrument, is conferred on the certificates which are they are issued on the basis of the inscriptions collected therein. To this end, common registration rules are established for the various river basin districts with the creation of the new Office of the Water Registry, to whom it is responsible for their custody and management, and the base is developed. Central to the data, now called the Central Water Base, as an instrument that feeds on the information contained in the aforementioned registers, provides an overview of the use of water throughout the Spanish territory, and which, with the A coherent approach to hydrological planning will enable the public authorities to make progress in this field. achieving the rational management of natural resources, as required by Article 45.2 of the Constitution.

In addition, this royal decree is intended to provide the data included in the registration of the use in the Water Register and the information contained in the Central Water Base to serve as support for the development of the regulation. of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy, which provides for the management of water in a unitary and comprehensive manner in all its phases, in what is known as the "Integral Water Cycle", which involves the route that makes the water since it is collected in nature, stored, potabilized and distributed to the consumers and, once used, is returned to the purified nature.

Thus, the present royal decree modifies the Regulation of the Public Hydraulic Domain to adapt it to the new needs and the technological context in which it is applied, through the development of the aspects related to the organization and the operation of the Water Registry and the Central Water Base, in accordance with the provisions of Article 80 of the recast of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, which states that " the catchment area shall bear a Register of Water in which the water concessions are to be registered, as well as the authorised changes occurring in their ownership or in their characteristics ', and that' the organisation and rules of operation of the Water Register shall be established by regulatory means '.

The Water Registry is a fundamental tool for compiling the statistics of legally committed resources and aid in the management of the public hydraulic domain and in the management of water allow an adequate estimation of the hydraulic availability of the different river basins.

The Water Register consists of a data processing structure that is organized in three sections, designated under the letters A, B and C, in which the different types of water use will be recorded.

The adequacy of the seats in the Register of Waters to the requirements of this royal decree shall in no case imply any alteration of the nature, scope or content of the rights entered.

On the other hand, both for the purposes of registration and for the articulation of the types of benefits, the so-called non-conventional water resources, including the one, are particularly relevant. desalination and reuse of water.

Waters from the desalination of sea water or brackish water, whatever the procedure used for the purpose, are part of the public hydraulic domain and as a result must be registered in the same Record.

On the other hand, Article 109 of the recast text of the Water Act established that the legal regime for the reuse of water would be established by the Government; consequently, by means of Royal Decree 1620/2007, 7 of The legal regime for the re-use of the water treatment system was laid down in December, under which the legal regime for the reuse of the water was established. As a novelty with regard to the registration of the use, this regulation also contains the provisions of Royal Decree 1620/2007 of 7 December, under which the concessions and authorisations for reuse are Register in Section A.

In parallel, the Central Water Base, conceptualized as a centralized repository of existing data in the Water Registers of the Basin Organizations, is developed and made to the Central Water Base. Transitional in the Catalogue of Private Waters, those collected in any other censuses or records that are carried in the basin organizations and those that possess the hydraulic administrations of the autonomous communities that have transferred their powers. This base will allow a complete and adjusted knowledge of the national water state, respecting the existing competitive distribution.

Both the structure and the operation of the Water Registry and the Central Water Base have at all times present the principle of transparency in access to environmental information, in accordance with the provisions of the Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment, in response both to the implementation and promotion of electronic administration provided for in Law 11/2007, of 22 June, of electronic access of citizens to the Services Public, as well as the requirements laid down in the regulations regarding the administration of the Water Registry and the electronic signature being used as a technological instrument to authenticate an electronic document and identify itself as a signatory.

For all the above, this amendment is one of the necessary requirements for the partial implementation of one of the measures that form part of the report for the Commission of the reform of the Public Administrations, approved by agreement of the Council of Ministers dated 21 June 2013.

The second of the objectives of this amendment to the Public Hydraulic Domain Regulation refers to the development of the criteria to be applied in order to assess the damage in the hydraulic public domain which may constitute infringement in the field of water, which shall be used to criminalise the infringement; in accordance with this classification, the correlative sanction shall be assigned in accordance with the principle of proportionality. The criteria for assessing the damage in the hydraulic public domain that have been determining the seriousness of the violations committed were introduced, in general, in Article 117.2 of the recast text of the Water Law. by Royal Decree-Law 17/2012 of 4 May of urgent measures in the field of the environment, following the declaration of partial nullity of Order MAM/85/2008 of 16 January 2008 laying down the technical criteria for the assessment of the damage to the hydraulic public domain and the rules on sampling and analysis of discharges of water residual by the judgment of the Third Chamber of the Administrative-Administrative Court of the Supreme Court of 4 November 2011.

By modifying article 326 of the Public Hydraulic Domain Regulation the content of article 117.2 of the recast of the Water Law is introduced, and the sanctioning body is enabled for the assessment of the damage. the public hydraulic domain to determine the severity of the infringements by the procedure described in the articles inserted below.

Thus, in Article 326 bis, the procedure to be taken into account for the economic assessment of the goods in the hydraulic public domain which have been affected, which will serve to determine the the gravity of the various acts of infringement in the field of water which do not affect the quality of inland waters. And Articles 326 ter and 326 c provide for the rules for determining the seriousness of the infringements affecting the quality of inland waters, from the calculation of the cost of the treatment which would have been necessary to avoid the pollution caused by the discharge and the assessment of the danger of the discharge, as well as the standards for sampling.

In this way, through the regulatory development of the provisions of article 117.2 of the recast text of the Law of Waters, the normative determination of the water sanctioning regime is complete. exercise of sanctioning powers with full respect for the principle of the legality of Article 25 of the Constitution, in its dual aspect of legal reserve and typicality, as well as the principle of proportionality in the imposition of sanctions.

In addition, in accordance with the grounds for which Articles 3, 6, 10, 11, 12, 18 and 19.2 of Order MAM/85/2008 of 16 January 2008 were declared null, by the judgment of the Supreme Court above, the assessment of the damage to the The hydraulic public domain used to determine the gravity of the infractions in the waters is not to include the costs of repair or environmental restoration of the environmental damage caused by the infringing behavior. In addition, paragraph 5 is added to Article 323, in which the scope of Law 26/2007 of 23 October of Environmental Liability is laid down for the replacement and repair of environmental damage.

On the other hand, the non-existence in the regulatory text as minor infractions of the conduct related to the derivation or extraction of the waters and the relative to the discharges or actions liable to damage the quality of the waters, it has been causing that the conduct relating to any discharge without authorization that produces damages to the hydraulic public domain in amount less than 15,000 euros will be qualified as less serious infraction, as it is contained in the Article 316 (g) of the Regulation, without the possibility of making a distinction according to the amount of the damages, between this infringement and the one described as slight, obviating the principle of proportionality, rector in sanctioning matter, which in the end generates situations of injustice and comparative grievances in the imposition of sanctions among the various offending behaviour. In order to adjust the classification of such offences to the nature of the damage caused, the relevant paragraphs shall be inserted in Articles 315 and 316 respectively.

Likewise, and in this context, the judgment of March 7, 2012, of the Third Chamber of the Administrative-Administrative Court of the Supreme Court, for which the question of illegality raised in relation to the Article 292 (b) of the Regulation of the Public Hydraulic Domain, approved by Royal Decree 606/2003 of 23 May, which provided for the application in any event of the maximum coefficient of capital for the calculation of the amount of the charge in the unauthorised discharges. In this regard, the High Court stated that ' if this coefficient of capital 4 is to be applied inexorably, the nature, characteristics and degree of pollution of the discharge and the quality of the physical environment in which it is ", circumstances which, however, are the determinants of the canon". In this way, it could be understood that unauthorised discharges are penalised through the discharge control fee when they are imposed 'in any case' with the maximum coefficient; then the licence fee would be used more as a sanctioning instrument than as one of a tax character.

Therefore, for the purpose of strengthening the principle of legal certainty, Article 292 is amended by the formal repeal of point (b) of Article 292, without prejudice to the regulatory development it establishes in the future. procedures for indirect estimation in accordance with Article 113.6 of the recast text of the Water Act.

Ultimately, the modification of the Public Hydraulic Domino Regulation serves to update the amount of the fines according to the recast text of the Water Law. In addition, the annexes to the procedure laid down for the assessment of damage in the public hydraulic domain introduce changes after the entry into force of Royal Decree 60/2011 of 21 January on quality standards. environmental policy in the field of water policy.

A number of other changes are added to these two main issues, including the following two: the first of these is a classification of uses, divided into eight categories, taking into account Article 60.3 of the text. recast of the Law of Waters, which is a key element to guarantee a correct and rational management and hydrological planning and sinks its roots in our oldest Administrative Law, singularly the Royal Decree of 29 April 1860, (i) a number of provisions on the use of water, where a priority was given to the same. The second is a new article dedicated to the definitions, which will allow a unitary application of the concepts contained in the regulations.

This royal decree has been submitted to the report of the Spanish Data Protection Agency, the Environmental Advisory Council and the National Water Council.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 6 September 2013,

DISPONGO:

Single item. Modification of the Regulation of the Public Domain of Hydraulic, which develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20, approved by the Royal Decree 849/1986 of 11 April.

The Regulation of the Public Hydraulic Domain, which develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, approved by the Royal Decree 849/1986, of 11 April, is amended as follows:

One. In Title II, a new chapter is incorporated into which a new Article 15a is integrated, which is worded as follows:

" PRELIMINARY CHAPTER

Definitions

Article 15a. Definitions.

For the purposes of this title, it is understood by:

a) Geometric height or maximum level: maximum difference of bounds between the water level of the upper and lower reservoir/balsa in a reversible hydroelectric power plant.

b) Water utilization: the right to use a given volume of water that is taken from one or more points, for one or more uses, within the same concession or right to the private use of water.

c) Seat: each of the notes that are made on an inscription of the Water Registry and that reflects the changes that have been occurring in the administrative history of a use.

(d) The useful capacity of a raft or reservoir: the volume of water stored between the minimum water levels and the ordinary maximum under normal operating conditions.

e) Captation: taking, derivation or extraction, direct or indirect, of a water flow in hydraulic public domain which may have surface or underground origin and which is carried out in a place called the catchment point. Associated with the main catchment in the public hydraulic domain, there may be one or more secondary water captions or subtakes, through the infrastructure or hydraulic works associated with the use (channels, acequias, rafts, etc.). deposits ...).

f) Concessional maintenance flow: flow rate to be observed to ensure in time and in space the ecological flow rate established in the stretch of river where water is used.

g) The maximum instant fetch flow: volume that passes through the point of capture during the moment of greater traction or derivation, adopting as a unit of time the second.

h) Maximum unit flow: flow-disturbed by a unit operating with critical jump and total aperture.

i) Nominal flow rate: flow-rate per one unit operating with nominal jump and total aperture.

j) Cota: altitude referred to the altimetric reference system defined in Royal Decree 1071/2007, of 27 July, for which the geodetic system of official reference in Spain is regulated.

k) Restricted day: maximum number of hours per day that can be extracted or derived from water in the public domain at the point of capture.

l) Modulation: temporary distribution of the maximum annual volume of derived water at the point of capture in the corresponding temporary unit.

m) Marginal notes: notes that credit circumstances that apply to the main inscription, the object of which is to facilitate the mechanics of the Registry not forming part of the registration registration and, therefore, they are not object of certification.

n) Maximum installed power: global power that delivers the set of groups of a hydroelectric power plant operating with maximum jump and total aperture.

o) Nominal power of a turbine: power delivered when the turbine operates with nominal jump and total aperture.

p) Predium: portion of delimited land whose property belongs to a single person or multiple in pro indiviso.

q) Electronic registration repository: a repository or file where the information for each digital registration will be stored and maintained, consisting of a storage platform that meets the requirements of authenticity, integrity, reliability, availability, impossibility of disposal and preservation of each document indefinitely.

r) Gross: difference between the level of water at the point of water and the point at which the water is reintegrated into the river.

s) Critical high: net jump for which the power delivered by a turbine operating with total aperture provides the nominal capacity of the alternator.

t) Maximum maximum: net jump corresponding to the normal maximum level of reservoir and water level at the point of restitution with a turbine in operation.

u) Net high: difference between gross jump and load losses originating from the structures that make up the take and drive.

v) Nominal or design high: net jump with which the maximum efficiency point in the turban is achieved.

w) Surface with right to irrigation: maximum amount of surface that can be irrigated annually by virtue of the enabling title; this quantity will always be less than or equal to the regable surface.

x) Regable surface: extension of land consisting of one or more plots in which the right to irrigation established in the concession can be exercised and which includes the surfaces that alternatively or successively can be irrigated or the maximum surface area within which the concessionaire may water surfaces or other surfaces. '

Two. In Chapter II of Title II, a new section is incorporated, in which a new Article 49a is integrated, which is worded as follows:

" Preliminary section. General provisions

Article 49a. Classification of water use.

For the purposes of determining the concessional or applicable authorization procedure and taking into account the provisions of Article 60.3 of the recast text of the Water Act, the following classification of the uses of water is established. waters in eight categories:

a) Usage intended for supply:

1. Use for the supply of urban cores.

i) Human consumption.

ii) Other domestic uses other than human consumption.

iii) Municipal (baldeos, sources and others ...).

iv) Industries, shops, livestock and irrigation of little water consumption, located in population centers and connected to the municipal network.

2. No. Used for other supplies outside urban cores.

i) Human consumption.

ii) Other domestic uses other than human consumption.

iii) Regadio of little water consumption (irrigation of gardens or assimilable).

It is understood by human consumption that it corresponds to drinking, cooking, preparing food and personal hygiene. The irrigation of little consumption refers to the irrigation of gardens or assimilable.

b) Agricultural uses:

1. º Regadios.

2. Livestock.

3. Other agricultural uses.

c) Industrial uses for the production of electrical energy:

1. Hydroelectric and power stations.

2. Renewable thermal power plants: thermosolar and biomass.

3. Non-renewable thermal power plants: nuclear, coal and combined cycle.

d) Other industrial uses.

1. Industries producing consumer goods.

2. Tourism and leisure industries.

3. Extractive Industries.

The uses of leisure and tourism industries include those that involve deriving water from the natural environment and are intended to enable this activity in sports facilities (golf courses, ski resorts, etc.). aquatic parks, sports complexes and assimilables), fishing grounds, canine and similar nurseries, as well as those for the maintenance or rehabilitation of cultural industrial installations: frwaters, sources, sawmills, washing machines, machines and others of this kind, which cannot be taken care of by the urban networks of supply.

The processing of concessions for power-producing industries of thermal power plants will follow the same procedure as that provided for in the industrial uses of this paragraph.

e) Aquaculture.

f) Recreational uses.

In recreational uses, it is included that those not included in the above paragraphs have a private or collective recreational character without industrial or commercial activity, and in particular the following:

1. Leisure activities that use water in reservoirs, rivers and natural landscapes in a non-consumptive way, such as water sports in calm waters (canoeing, sailing, windsurfing, rowing, motor boats, water skiing, etc.) bravas (canoeing, rafting, etc.), bathing and sport fishing.

2. Water-related leisure activities in an indirect way, used as an attraction center or point of reference for related activities, such as camping, excursions, ornithology, hunting, hiking and all those tourist or recreational activities that take place near surfaces and water courses.

g) Navigation and water transport, including navigation of goods and people.

h) Other uses:

1. Public character.

2. Private character.

These uses will comprise all those that are not in any of the above categories, which in no case will involve the use of water for environmental purposes that are conditioning of the state of the water masses, nor shall they refer to the assumptions provided for in Article 59.7 of the recast of the Water Act.

2. The use of geothermal air conditioning may be associated with any of the uses provided for in this article. "

Three. Article 98 (3) is amended as follows:

" 3. In the absence of such a preference, the following general rule shall apply:

1. Population supply, including in its endowment the necessary for industries of low water consumption located in the population centers and connected to the municipal network.

2. Regadios and agricultural uses.

3. Industrial uses for the production of electrical energy.

4. Other industrial uses not included in the above sections.

5. Aquaculture.

6. Recreational Uses.

7. Navigation and water transport.

8. Other Other Advantage.

The order of priorities that could be established specifically in the basin Hydrological Plans must respect, in any case, the supremacy of use recorded in paragraph 1. of the preceding enumeration.

In accordance with the provisions of Article 58 of the recast text of the Water Act, the Council of Ministers may alter the above order of preference in the terms set out in that article.

In any case, the supply of new urban developments must have been planned in accordance with article 15.3.a) of the recast text of the Law of the Soil, approved by the Royal Legislative Decree of 20 of June, and with article 25.4 of the recast text of the Water Act.

Within each class, the categories and subcategories provided for in the classification of uses as described in Article 49a shall be included. If the sub-categories are not specified, each category shall be understood to comprise all the sub-categories provided for in that classification with the same preference. '

Four. Article 102 is worded as follows:

" Article 102. Elements of the concession.

1. In any concession of public waters, the purpose of the concession shall be fixed, its period of time, the maximum instantaneous flow rate, the maximum annual volume and, where appropriate, the maximum monthly volume to be used, indicating the period of use when the latter is make on restricted days. The municipality and province where the collection and the cartographic references of the water and its application sites are located will be identified.

2. In the water concessions for irrigation, the area with the right to irrigation and the regable area in hectares, the municipal terms and the provinces where it is situated, the maximum water volume to be derived per hectare per year, and the maximum monthly derivable volume that will be used to typify the instant maximum flow rate.

3. The water concessions for hydroelectric uses shall also set out the technical characteristics of the groups installed and the section of the river concerned, with the understanding between the maximum normal reservoir limits at the point of taking and of restitution to the public. "

Five. Article 115 (3) is amended and read as follows:

" 3. According to the use for which the specific condition is granted, the following conditions must be met:

(a) Concessions for irrigation under public service: the conditions referred to in Article 62.2, 3 and 4 of the recast of the Water Act.

(b) Concessions for hydroelectric use: the temporary distribution in litres per second of the concessional maintenance flow rate shall be recorded. Where possible, it shall be specified, in litres per second, the rate of drought and the maximum permissible, as well as the absolute value of the latter and its frequency in years; the magnitude in litres per second, the duration in hours, the frequency in years and the seasonality of the generator flow, as well as the maximum rate of flow rate per unit of time in its ascent and descent phase in m³ /s/d associated with generating events and in m³ /s/h associated with maximum flow rates.

(c) In the concessions and authorisations for the reuse of purified water: the control and signalling elements of the reuse system, the programme of self-monitoring of the quality of the regenerated water, the management measures of the risk in case of unacceptable quality of the waters for the authorised use and any other condition which the basin body considers appropriate due to the specific characteristics of the case and the fulfilment of the purpose of the system reuse of water. "

Six. Article 118 is worded as follows:

" Article 118. Registration in the Water Register.

The concession granted, as well as its modification, revision, novation and extinction, will be entered on its own initiative in the Water Registry of the Basin Agency where it will radiate the collection.

For the purpose of ensuring the control of concessions and keeping the data contained in the Water Register up to date, the holders shall inform the Administration of any change in the name social address, registered office and, where appropriate, address for notification purposes. '

Seven. A new Article 139a is integrated, which is worded as follows:

" Article 139 bis. Transformation of private rights into concessional.

1. In accordance with the transitional provision of the recast text of the Water Act, the holders of the use of waters registered in the Catalogue of private waters of the basin referred to in the fourth transitional provision of the Water Act standard, may request at any time the granting of the corresponding concession.

2. The granting of the concession will be carried out without competition of projects and will require, in addition to the report of compatibility with the Hydrological Plan and that of the competent administration according to the use to which it is intended, the practice of processing of public information and, in the event of a User Community, the request to report to it.

3. The grant to grant will have the following characteristics:

(a) The term of the concession shall be 31 December 2035, taking precedence at that time the concessionaire to obtain a new concession.

b) It will collect the characteristics with which the use is included in the Private Water Catalogue of the basin, singularly as regards the use of water, after checking the adequacy of these characteristics to the reality by the Basin Agency.

4. However, where the application for a concession relates to bodies of groundwater declared at risk of not achieving a good state and which have the action programme referred to in Article 56 of the recast of the Water Act, the It shall be subject to the limitations laid down in that programme. Where an approved action programme does not exist, the transformation of the right cannot be called. '

Eight. A new paragraph 4 is added to Article 188 with the following wording:

" 4. Changes to the conditions or the system of use shall be considered, inter alia, to actions involving the variation of depth and diameter or location of the well, as well as any change in the use, location or variation of the area on which the appeal is applied in the case of irrigated use. "

Nine. Section 12 of Chapter III of Title II is worded as follows:

" Section 12 of the Water Register, the central water base and the private water catalogue

Subsection 1. Of The Water Registry

Article 189. The Water Registry of the Basin Agency.

1. According to Article 80.1 of the recast text of the Water Law, in each basin organization there will be a single Register of Water, in which concessions and other titles of law for the use of the waters will be registered. as the authorised changes that occur in their ownership or in their characteristics, as a result of the modification, novation, revision or extinction of those. Such inscriptions shall be made in the Register of the Basin Agency in whose territorial district the catchment area is located. The Water Registry has a public character and will aim to produce hydrological statistics and contribute to the management of the public hydraulic domain and the hydrological planning.

2. The Water Registry consists of a data-processing structure that enables the organization of information regarding the use of water and will allow the issuance of certifications on the inscriptions.

This computer structure will be developed, guarded and maintained by the Ministry of Agriculture, Food and Environment in the most appropriate way with the evolution of the technology and the needs of the users.

3. The Register is organised in three sections which are designated under the letters A, B and C, with the following types of use being noted respectively:

(a) Section A: surface water or groundwater concessions; reserves formed in favour of the Hydrographic Confederations in accordance with Article 43 of the recast of the Water Act; special authorizations as referred to in article 59.5 of the recast of the Water Act; those arising from the previous Book of Registration of Public Water Lovers; and other rights acquired by legal title.

Also in this section A will be entered into the water concessions from non-conventional resources such as desalinated waters, regenerated waters or other alternative sources, as well as reuse authorizations.

(b) Section B: use within the same area of water from springs situated inside and groundwater when the total annual volume does not exceed 7,000 cubic metres, as well as water stormings that run through it and the stagnating within its borders, as referred to in article 54 of the recast text of the Law of Waters.

(c) Section C: temporary use of private water referred to in the second and third transitional provisions of the recast of the Water Act.

4. At the request of the operators and provided that the total flow rates used are not increased or the conditions or conditions of use are modified, the Basin Agency, after review of the benefits and with the limitation of the deadline Until 31 December 2035, the concession shall be carried out from the seats of Section C to Section A of the Water Register.

5. The Minister of Agriculture, Food and the Environment, through ministerial order, will be able to develop the organization and operation of the Water Registry.

Article 190. The Office of the Water Registry.

1. Each Basin Agency creates an Office of the Water Registry which, integrated into the Water Commissioner, will enjoy functional autonomy for the exercise of its powers.

2. The Office of the Water Registry shall be responsible for the conduct of the Water Registry, the incorporation of the information into the computer structure that constitutes the Registry, as well as the custody of the old books of the Water Registry. as long as they contain any current registration that has not been transferred to the computer structure, and in particular:

(a) Practice the registrations relating to the recognised rights.

b) Manage the Water Register and guard the Private Water Catalog.

c) To certify on the rights to the private use of water, especially on the right of irrigation of agricultural estates.

d) Provide information to public and private bodies on the content of the Water Register.

e) To provide the functions of attention to the citizen that are derived from their public character.

3. At the head of each Office of the Water Registry there shall be a responsible official who shall ensure the concordance of its content and the various acts, administrative or judicial, constituting the rights that are registered. To this end, it shall require any official or authority to carry out the necessary formalities to remedy any discrepancies or inaccuracies contained in the information received, without prejudice to the liability of the person responsible. of the deficiency.

4. In order to ensure that the resolutions and other administrative acts on the rights of use of the waters are duly reflected in the Water Register, the relevant units of the Basin Agency shall communicate them to the Commission. duly and immediately to the Registry Office.

They must also communicate the judgments of the Courts that are notified to them and affect the rights of use of the waters.

5. The official responsible for the Water Registry shall proceed to the electronic signature recognized, regulated in Law 59/2003, of 19 December, of electronic signature, of each of the seats that make up the registration, both of the first registration as of all subsequent seats to be performed.

In any case, the authentication or identification systems to be determined by the Ministry of Agriculture, Food and Environment shall be applied at any time in accordance with the available technologies and legislation. in effect.

annotations that have not been signed electronically will not be considered valid.

Article 191. Characteristics of the computing application.

1. The information structure constituting the Water Register shall be unique for all basin bodies and shall be in accordance with a pre-established data model, to be determined by order of the Ministry of Agriculture, Food and the Environment. Environment.

2. This structure shall be composed of the following elements and information:

a) Data of an alphanumeric character, which will contain information regarding the use of water in the form that is determined in this royal decree.

b) Mapping representation of the use according to what was established in this royal decree.

(c) Documentary information, which shall contain the file incorporating the copy of the resolution and, where appropriate, the administrative document certifying the limitations or encumbrances of the registered right.

d) Resolution or electronic document of the duly signed inscription.

3. The Water Registry shall have a Geographic Information System (GIS) tool that allows the graphical representation of the duly georeferenced use.

4. The information in each registration will generate an electronic document that will be signed electronically and stored in the electronic repository of registrations by the official responsible for the Water Registry.

5. Each enrollment stored in this electronic repository will consist of the following items:

(a) An electronic document generated from the alphanumeric data referred to in paragraph 2.a). This document must include all information regarding the enrollment to be signed and stored.

(b) Electronic signature of the previous document, made by the official in charge of the Water Registry, making use of his personal certificate recognized in a secure signature device.

c) The log file resulting from the signature verification process.

d) A copy of the certificate entity's digital certificate used in the signature verification process.

e) Electronic file with the additional documentation associated with the registration as defined in paragraph 2.

f) Electronic documents generated from the annotation of the modifications or cancellation of the registration.

6. The Register of Water will be adapted in terms of safety and interoperability as foreseen in the Royal Decree 3/2010, of 8 January, which regulates the National Security Scheme in the field of the Electronic Administration, and in the Royal Decree 4/2010 of 8 January 2010 regulating the National Interoperability Scheme in the field of electronic administration, and in particular the technical standards for interoperability relating to electronic documents, electronic signatures and electronic signatures data model for the exchange of seats between the Registry Entities. The security officer shall in any case be the Undersecretary of the Ministry of Agriculture, Food and the Environment, without prejudice to the fact that, if deemed appropriate, the Hydrographic Confederations will proceed to declare their files, which, in any case, shall comply with the provisions of paragraph 1, having the same structure.

Article 192. Content of the Register and identification code of the registration.

1. The registration unit in the Register is the use of water.

2. The seats shall be held in unit of act, without interruption and shall be recorded using only the abbreviations or guismos that are permitted.

3. The seat shall be deemed to be used when closing with the electronic signature of the official in charge of the Water Register. Once the entry of a seat has been signed, no rectification, addition or alteration may be made in it, but on the basis of a resolution except as indicated in paragraph 9 with regard to the correction of errors.

4. The appropriate identification of the use shall be made by means of the entry in the following data:

(a) Name of the Basin Agency to which the Water Registry belongs.

(b) WATER LOGGING.

c) The section to which you belong.

In the case of the registration of reserves, concessions and authorizations for the reuse of purified water and desalination concessions, it shall be included in the section A: RESERVE, REUSE or DESALINIZATION, respectively.

d) Registration number, which will be a key number unique identifier of the inscription within a particular section of the Water Register.

The registration numbers will be assigned in a correlative and unrepeatable manner as the inscriptions are materialized in the Water Registry. They shall be invariable numbers, whatever the modifications made to the use.

e) Seat number. The registration number shall indicate the seat number which shall be representative of the times the registration has been amended.

f) Key to the case whose resolution generates the right. The identification of all files whose resolutions have modified any aspect of the use shall also be collected.

5. The seat of first registration, called the registration seat, is the one that opens the registration sheet. This first seat shall include the characteristics and information set out in Article 193, and the date on which the first entry is made.

6. All seats relating to the same use, referred to as modification seats or subsequent seats, shall be recorded in the same entry, reflecting the amendment of the right in respect of their previous registration. They shall record the file number if it is different from the initial one.

7. The information structure of the Water Registry shall include the possibility of making marginal notes in each section of the inscriptions. The essential characteristics of the right cannot be changed by making marginal notes.

The marginal notes, for the purposes of this royal decree, are classified into:

(a) Additional notes to the registration: those related to the content of the registration of the right.

(b) Clarificatory notes: those necessary to make corrections of a small entity with respect to the data contained in the grant or registration resolution, being corrections that do not affect the characteristics of the right.

(c) Office Notes: those that refer to terms necessary for the internal operation of the Water Register but do not affect the registered right.

8. In addition, they shall, where appropriate, be noted as other paragraphs of the law's registration:

a) Approval of the act of partial or final recognition of the works.

b) Gravitation and other legal businesses such as liens, mortgages and pignorations, or leases that have an impact on the exercise of the private use of water or the predium to which it is linked.

(c) Limitations of the right of use arising from corrective measures of overexploitation or other situations referred to in Article 56 of the recast of the Water Act.

d) Contracts for the transfer of rights to water use.

(f) A preferential acquisition of the use by the Basin Agency of the flow-through contract.

9. In accordance with the provisions of Article 105.2 of Law No 30/1992 of 26 November 1992, in the event of errors of fact, arithmetic, typographical, typing or other errors which do not affect the subjective right, which give rise to incorrect information in the data of the registration of a use, be it literals, identity, coordinates, quantity or other, which are undutibly detached from the documents on which the registration has been based, the official in charge of the Register of Water shall issue a resolution of correction of errors and rectify the same by the corresponding seat, either ex officio or at the request of a party.

This circumstance will be reflected in the section "History of the inscription" as a seat more of it. The official in charge of the register will then electronically sign the registration again.

Article 193. Characteristics of the use and details of the registration.

1. General characteristics of the use.

a) Section A:

1. " Identification of the concessionaire or rightholder, in which the name or social name, and the number of tax identification shall be entered.

2. Title that protects the right, grant date, and authority that grants it.

3. The deadline by which it is granted.

4. The Start Date of the computation of the right time.

5. No express indication of the date of termination of the right in the course of the period.

6. Date of approval of the partial recognition act, if any, and final.

7. The specific conditions of the concession or the right, and in any case where such act is an essential element in the characteristics of the concession, in particular the calculation of the concession period.

8. In the case referred to in Article 147.3, the provisional registration character.

9. In the case of the enrollments practiced in the General Register of Public Water Aprovements or in the Register of Waters prior to the entry into force of this royal decree, the full reference will be entered the registration of the registration, volume, section and registration number.

10. ° Annual maximum volume, in cubic meters and, where applicable, the modulation established and the maximum monthly volume, in cubic meters.

11. º Temporary distribution, if any, of the maximum annual volume.

If any limitation is established in the concession, the maximum monthly volume, in cubic meters for each of the months and the maximum number of hours of referral, shall be indicated if this is provided for in the title of the right.

12. º Type and nature of use or uses of water specifying whether they are consumptive, non-consumptive or both types.

13. In the event that your grant uses the volumes included in a reservation, you will indicate the reservation from which you come, as well as your registration number.

b) Section B:

1. The identification of the owner of the property and the owner of the property, in which the name or social name, and the number of tax identification, shall be entered.

2. º Mention expresses to the resolution of registration, the date of issue and authority that the firm and, in the case of over-exploited aquifers, the title that protects the right, date of grant and authority that grants it.

3. The date of entry registration in the Basin Agency in which the owner carries out the communication of the characteristics of the water use that he intends and makes delivery of the required documentation according to the Articles 85 and 86.2).

4. In case there are any specific conditions for the use of the use.

5. In the case of already registered use, the complete reference of the registration of the one that comes: registration, volume, section B and registration number will be entered.

6. ° Annual maximum volume, in cubic meters.

7. º Temporary distribution, if any, of the maximum annual volume.

If any limitation is established in the concession, the maximum monthly volume, in cubic meters for each of the months and the maximum number of hours of referral, shall be indicated if this is provided for in the title of the right.

8. º Type and nature of use or uses of water specifying whether they are consumptive, non-consumptive or both types.

c) Section C:

For the rights to be entered in Section C, the data to be entered shall be the same as for the entries in Section A, except as regards the concession period, including the date of extinction of the right on 31 December December 2035.

2. Characteristics of the harvesting fetches.

(a) In case the use has several fetches, the total number of fetches of the use that is recorded shall be recorded.

b) The identifier number of each fetch, which will remain unchanged even if the characteristics of the fetch are modified.

c) The name of the fetch, if you have it.

d) Uses to which the water is allocated from the fetch.

e) The origin of the water, indicating whether it is surface or underground, as well as the corresponding mass of water, the name of the river or riverbed, lake or lagoon, aquifer, hydrogeological unit, and, where appropriate, its artificial origin, specifying the name of the reservoir, the artificial lake as well as, in the specific cases, the corresponding infrastructure.

f) Operating system, if any.

g) Municipal term and province in which the catchment is located, as well as the toponimo/s of the place where the catchment is located, if available.

h) Mapping mapping of the catchment (X, Y coordinates), with indication of the corresponding spindle in the global geodetic reference system UTM ETRS89. It will include the cadastral reference of the plot where it is located, the number of plots, the cadastral polygon, and the name of the local entity smaller than the one that belongs, if any.

i) Cota of the catchment in meters above sea level.

j) Annual maximum volume in cubic meters that is allowed to be extracted from the fetch, as well as the monthly maximum volume limitations to be extracted that would have been disposed.

k) Instant maximum in liters per second.

l) Type of collection, specifying whether it is direct takeover or through infrastructure, fixed or mobile, or whether it is spring, well, borehole, or gallery or other that are recognized in the rights that are registered if such information is available.

If expressly stated in the resolution, the characteristics of the type of capture such as the diameter in millimeters and depth of the well or borehole in meters, or length in meters in case of galleries, shall be included.

m) The infrastructure associated with the collection and use of dams, azudes, pipelines, pumps, rafts, canals, aceques, tanks and their corresponding characteristics shall be collected as appropriate. If any, the elements of volumetric control and the secondary captions, subtakes or delivery points with indication of the X and Y coordinates shall be collected in the corresponding spindle in the global geodetic reference system UTM ETRS89, if are established in the resolution itself.

n) Affections of the catchment, in which circumstances shall be indicated in the resolution such as whether the catchment is in a police area of channels, in a flood zone, in protected natural spaces or other spaces of environmental interest or ecological value.

3. Characteristics of the uses to which water is intended.

a) General characteristics of the uses:

1. Municipal term/s and province/s where the intended use of water is situated.

i) Topponies of the places of destination of the water that is granted, if such information is available.

(ii) Geographical coordinates representative of the point at which the use of water is located (X, Y coordinates), with an indication of the corresponding spindle in the UTM ETRS89 global geodetic reference system.

In cases where it is possible to characterize the use by an enclosure or by a stretch, its graphical representation will be recorded.

When the use is the irrigation it will be obliged to make express reference to the enclosures. For other types of use, it is sufficient to characterise them at least by one point or the representative section.

The cadastral reference of the plot where the use is located, the plot number, the cadastral polygon, and the name of the local entity smaller than the one that belongs to it will be included.

2. The numerical identification of the utilization fetches to which the usage is described.

3. Type of use, having regard to those described in Article 49a.

4. th Annual maximum volume granted for the use described, with indication, if any, of the temporary limitations that are set in the application of the resource.

b) They shall be incorporated in the Water Register as descriptive characteristics of the use, the following data, depending on the specified nature of use:

1. Use of the use of urban nuclei, which may include one or more of those established in this royal decree.

Differentiated use will be made of the use intended to meet the supply needs of new urban and urban development developments.

In any case, the name of the population or urbanization shall be stated to supply, and where appropriate, the number of inhabitants and the allocation in litres per inhabitant per day, as well as, as appropriate, the seasonal population.

2. No. Used for other supplies outside the urban core, which may include one or more of those established in this royal decree.

The supplied population or service will be identified.

3. Agricultural Uses:

i) Regadios: The regable surface and the area with right to irrigation in hectares, rotation, type of crop, irrigation system and irrigation period shall be identified when the concession imposes limitation on this and the allocation, in cubic metres per hectare per year, used for the calculation of the maximum annual volume granted.

(ii) Livestock: The type and number of heads of livestock shall be stated.

(iii) Other agricultural uses: The specific purpose of the use (plant protection treatments, anti-freeze spray, drainage system, cleaning of agricultural machinery, etc.) shall be stated.

4. Industrial uses for hydroelectric power production and driving force:

In the case of hydroelectric use, the name and the reservoir associated with it, its typology, the number of hydroelectric groups installed, the maximum power installed in kW, the gross jump in meters and the hours of the average operation of the turbines. In the case of a reversible power plant, the maximum instantaneous flow of litres per second shall be recorded, the output installed in kW, the geometric height or the maximum level in metres, the pumping cycle established, the name of the upper reservoir or the identification of the raft, the maximum and minimum exploitation of both reservoirs or raft in meters above sea level and their useful capacities in hm³.

The section of the affected river shall be specified by means of the mapping coordinates that delimit it with an indication of the corresponding spindle in the UTM ETRS89 global geodetic reference system and its corresponding metres in metres on sea level as well as the associated segment represented cartographically.

In accordance with Article 102, the technical characteristics of each group installed in the concession shall be specified by registering at least:

-Characteristics associated with the turbines: type, nominal unit flow rate and maximum in litres per second, nominal jump in meters, maximum and nominal power in kW and nominal speed in revolutions per minute.

-Characteristics associated with alternators: type, rated power or plate power in kVA, power factor and nominal speed in revolutions per minute.

When it comes to reversible power plants in addition:

-Characteristics associated with the pumps: type, maximum and nominal unit flow in litres per second, the nominal driving height in metres and the maximum and nominal absorbed power in kW.

-Features associated with engines: type, rated power in kVA, power factor and nominal speed in revolutions per minute.

5. Other industrial uses: The name and type of industry will be identified.

6. Aquaculture: The name, type of activity and in its case the commercial name of the same.

7. Recreational Uses: The name of the use and the type of recreational use will be identified.

When used for geothermal air conditioning, it will be specified if it is done in open or closed circuit. If it is associated with an industrial use, the system of air conditioning used shall also be stated.

4. In the registration of the legally established reserves in favor of the Hydrographic Confederations, of the special authorizations, as well as in that of the acquired rights through public offer of the centers of exchange of rights, only the entry of references to the uses and captions of waters referred to in the preceding paragraphs shall be mandatory where this is derived from the corresponding title.

5. Each inscription shall include the descriptive cartographic representation of the use, with the date to which it corresponds, the indication of the geographical north and at an appropriate scale for its correct display.

For the cartographic representation the layer in which the enclosures are reflected, the sections and the points representing the fetches and uses of the use. In order to facilitate the understanding of the graphic elements that make up the use, the GIS will have a series of authenticated basic layers that can overlap with each other and the use of such layers as channels, municipal terms, Road and use with pre-existing rights. This will be a static image of the use on the dates when the first registration and the successive modifications are made.

The coverage of points, sections and enclosures generated with the information from the Water Registry will be exportable to any standard system of geographic information.

6. It shall also, where appropriate, be entered as other paragraphs for the registration of the right:

(a) The act of partial or final recognition of the works duly approved.

b) Gravitation. The establishment, modification or termination of charges affecting the use which is registered and compatible with its special nature shall be determined by pointing out:

1. º Type of lien: mortgage, embargo, garment, lease, or other.

2. º Description of the terms and date of the constitution of the lien.

3. º Date of prior administrative authorization, if required.

4. º Amount.

5. Indication of whether this is a lien that affects the total of the use or a part.

6. º Enclosures to which the lien affects.

7. The term of validity of the lien and the date of extinction of the charge.

8. º Description, if any, of the terms of modification of the lien and the date of modification.

(c) Limitations of the right of use arising from corrective measures of over-exploitation or other anomalous or exceptional situations referred to in Article 56 of the recast of the Water Act. They shall contain, where appropriate, the entry in which the following information shall be collected:

1. The origin of the limitation with reference to the rule or resolution that imposes it.

2. º Content of the limitation and period to which it refers.

3. º specific circumstances that the Basin Agency considers to be in the Water Register.

(d) Contracts for the transfer of rights to the use of water from both the acquirer and the transferor.

(e) A preferential acquisition of the use of the flow-through contracts.

f) Suspending conditions that appear in the grant or authorization.

Article 194. Annotation of the special characteristics of the regenerated water and desalinated waters.

In addition to the provisions of Article 193, the following characteristics shall be recorded in the inscription:

1. The use of regenerated water shall include:

(a) The distinction between grant and authorization for the reuse of clean water.

(b) The registration number of the first concession and the identification of the corresponding discharge authorization.

(c) It shall be distinguished if the holder is also awarded the first use and/or the discharge authorisation.

d) The quality characteristics of the regenerated water for the intended use.

2. For the desalination activity it shall be further stated:

a) The grant object.

(b) The identification of the entity as provided for in Article 13.2 of the recast of the Water Act that exploits such activity. In addition, where appropriate, the identification of the management mandate agreement that these entities subscribe with the user communities or the central boards of users as the beneficiaries of the desalination works and facilities.

c) In the event of the holder and registration number of the special grant or authorization, provided for in article 59.5 of the recast of the Water Act, granted by the desalination activity.

d) Maximum and minimum rates of the rates that the Grant Administration would have authorized.

3. In the case of desalinated water, the following shall be reported:

(a) The registration number of the concession or special authorization for the desalination activity that provides water for the concession.

(b) The identification of the entity or the existence of the management entrustment agreement referred to in point (b) of the previous paragraph.

(c) Where appropriate, the maximum and minimum rates of the fees that the Administration has authorized.

Article 195. Assignment of rights of use of water and preferential acquisition of use.

1. Where, pursuant to Articles 67 to 69 of the recast text of the Water Act, a contract for the transfer of rights of water use is concluded, they shall be entered in accordance with the content provided for in Article 344, both in the form of registration. corresponding to the transferor as in that of the acquirer, the following data:

(a) Annual maximum volume susceptible of cession in cubic meters, identifying in the transferor's registration if it is a total or partial cession.

b) Economic compensation, if any.

c) Usage to which the ceded flow is to be allocated. The descriptive characteristics of the use of water covered by the contract of disposal shall be incorporated, in accordance with the provisions of Article 193.3, both in the registration of the transferor (identification of the uses which are no longer used or during the term of the contract, in the case of irrigation, the premises shall be identified as the transferor who disclaims to water or undertakes to water with less endowment during the term of the contract) as in that of the transferee (use to which the obtained water is destined by contract).

(d) Period referred to in the assignment and any extensions authorized in its case.

e) Authority and date of the authorization of the assignment.

f) Date of conclusion of the contract.

g) The full identification of the transferor's registration shall be entered in the entry of the acquirer. In addition, the registration of the transferor shall include the complete identification of the registration of the acquirer, under which the new rights are received.

h) Identification of the infrastructure associated with the lease.

2. Where the Basin Agency exercises the right of preferential acquisition of the use of the flow rates under the cession contract, pursuant to Article 68.3 of the recast of the Water Act, they shall be entered in accordance with the Article 350 and with the content provided for in Article 344, in the corresponding inscription the following data:

a) Annual maximum volume of preferred acquisition in cubic meters.

b) Economic compensation, if any.

c) Temporary or definitive character of the assignment. In the case of temporary disposals, period to which the acquisition relates.

(d) The express identification of the intended uses of preferential acquisition, in the case of irrigation, shall be identified the premises that the transferor renounces or undertakes to water with less endowment during the term of the contract.

e) Authority and date of the authorization of the assignment.

f) If this is a partial or total cession.

g) It shall be clearly stated that the Basin Agency has acquired the use of the flow rates.

Article 195 bis. Cancellation of enrollments.

1. The official in charge of the Water Registry shall cancel the registration in the event of the extinction of the right to the private use of the waters, due to some of the causes established in Article 53.1 of the recast text of the Water Law.

2. In addition they will also be causes of cancellation of an inscription:

a) The duplicity of the right-hand inscription, by means of the corresponding error-rectification resolution.

b) When the change of the right implies the need for a new inscription in the Register of Waters, Section A, the data of the new inscription will be recorded in the observations of this inscription registration which originates on the occasion of its amendment. In addition, the new registration will also include the registration characteristics of the registration that is cancelled.

3. The cancellation of the registration will be the last seat of the register corresponding to the use and will reflect the reason of the cancellation of the registration as well as the date in which it is produced. Once an entry has been cancelled, only subsequent entries may be made when the non-concurrence of the causes of extinction of the right is declared by resolution.

4. The identification number corresponding to a canceled enrollment cannot be assigned to another subsequent enrollment.

Article 195 ter. History of enrollment.

1. In the section "History of registration", a list of the successive modifications of the inscription, produced during the existence of the registered use, will be recorded.

2. The information to contain will be as follows:

a) The correlative identifier of the modification performed.

(b) Resolution by which the modification is made, including its date and the authority that dictates it.

c) Description of the modification made and numbering of the file with which the modification was processed.

e) The date the corresponding seat is made.

3. In the "History of registration", the following information must also be recorded as to the extinction of the right or the registered use:

a) Resolution for which the extinction occurs, including its date and the authority that dictates it.

b) The key to the extinction file.

c) The date the corresponding seat is made.

d) Special circumstances, if any, of each extinction.

It will also reflect, where appropriate, the existence of other causes by which the cancellation of the registration is made, identifying the circumstances in which it occurs.

4. In the case of the use of waters registered prior to the operation of the computer structure, this circumstance shall be recorded in the first note of the History of the inscription.

Article 195 quater. Legal effects of the registration and issuance of certifications.

1. Registration shall be deemed to be a means of proof of the existence and status of the concession, in accordance with Article 80 of the recast of the Law of Waters, as well as the existence and status of contracts for the transfer of rights. subscribed by the concessionaire.

Registration registration will also be a means of proof of the rights recognized in Article 54 of the recast of the Law of Water and of the physical reality of the predium to which the use is associated, as well as of the temporary use of private water under the second and third transitional provisions of the recast of the Water Act.

2. The holders of water concessions and other rights entered in the Register of Water concerned may be interested in the intervention of the Competent Basin Agency in defence of their rights, in accordance with the content of the concession or title (a) administrative measures to protect their rights and the provisions of the legislation in the field of water.

This protection shall be exercised by the Basin Agency against whom, without the right to be registered, object to the right of the holder or to disturb his or her financial year, applying the procedures and measures provided for in the recast text of the Water Law and in this regulation, in particular, the functions of water police provided for in Article 94 of the recast text mentioned and the consequent exercise of the sanctioning power or subsidiary execution of the necessary actions to cease the behavior of lesiva.

3. As a result of the public nature of the registration, it will be possible to request certification on the inscriptions contained therein, respecting in any case the confidential nature of the personal data, as they are regulated in the Law of Organic 15/1999, December 13, Personal Data Protection, provided that the person concerned has not consented to their treatment or disclosure.

These certifications must refer to a given registration and may be positive or negative, depending on whether or not in the Register of Waters the use on which the certification is to be used is registered and will be able to be issued in electronic or paper format.

4. They have the power to issue certificates on the ends contained in the existing inscriptions, the official responsible for the Office of the Water Registry or its hierarchical superiors.

5. The certifications may be literal or in extract and reflect the content of the inscriptions established in this royal decree. The application for certification addressed to the Office of the Water Registry may be filed in any of the places provided for in Article 38.4 of Law 30/1992, of November 26, and by electronic means in accordance with Law 11/2007, June 22, electronic access of citizens to Public Services. The Office shall issue and notify such certifications within a maximum of one month. If they are refused, they must be properly motivated, based only on objective reasons, such as the non-existence of the use or the condition of the applicant's uninterested party.

6. Upon request, certificates may be issued in extract, which shall include only certification in respect of any of the paragraphs of which the certification is made.

7. Literal certifications shall incorporate at least the following paragraphs:

(a) General characteristics of the right to be used in accordance with Article 193.1.

b) Characteristics of the fetches according to article 193.2.

c) General characteristics of the use, in accordance with Article 193.3.

d) A descriptive mapping representation of the use in accordance with article 193.5.

e) Limitations of the right, in accordance with article 193.6.c).

f) Contracts for the transfer of rights to water use, in accordance with Article 195.1.

8. The registration actions shall be subject to the prior payment of the corresponding fees laid down in their regulatory regulations.

Subsection 2. Deprived Water Catalog.

Article 196. Catalog of Private Waters.

1. The Basin Organizations will guard the Catalogue of Private Waters, composed of a computer structure and a book, in which the exploitation of waters qualified as private by the Law of Waters of 1879, whose headlines are inscribed they chose to maintain them in such a scheme by declaring their existence to the Basin Agency within the time limits which were legally established before 27 October 2001.

2. The entries in the Private Water Catalogue shall contain the following paragraphs:

a) Registration number.

b) Key. It will identify at least the case number with which the enrollment has been processed.

c) Aquifer or place from which the waters come.

d) Place, municipality and province where the water is taken. The U.T.M. coordinates of the fetch and the zone they are referring to will be included.

e) Identification of the holder of the use.

f) Type of use. The use or uses to which the water is intended shall be recorded.

g) Features. Depending on the type of use, the data defining the use of water, such as irrigation area in hectares, and its place of application shall be indicated.

h) Annual maximum volume, in cubic meters.

i) Specific conditions of the use that you register.

j) Limitations of the right of use arising from corrective measures of over-exploitation or other anomalous or exceptional situations referred to in Article 56 of the recast of the Water Act.

3. The holders of private waters registered in the catalogue shall not enjoy the administrative protection deriving from the Register of Water.

Article 196 bis. Cancellation of the Water Catalog inscriptions.

The official in charge of the Office of the Water Registry will cancel the registration in the Catalogue of Private Waters when the transformation of the private right to the private use of the waters to a concessional right in the assumptions provided for in paragraph 2 of the second and third transitional provisions and in the transitional provision of the recast text of the Water Act. In such cases, the right to be registered in section A of the Water Register shall be carried out at the same time in the terms provided for in the concession.

In addition, entries for which rights have been extinguished by any of the causes provided for in the applicable legislation will be cancelled.

Subsection 3. Central Water Base

Article 197. Central Water Base.

1. In the Ministry of Agriculture, Food and Environment, the Central Water Base is created, formed by the data in the Water Records, the Private Water Catalogue and the other censuses or registers that are carried out in the the catchment area and the water administrations of the autonomous communities which have their powers transferred.

2. By order of the Minister of Agriculture, Food and the Environment the Central Water Base will be established and, in particular, the content, the computer structure and the modes of interoperability with the rest of the information systems public administrations.

3. The catchment bodies and the hydraulic administrations of the autonomous communities shall interconnect or report to the Directorate-General for Water their data in such a way as to be determined by order.

3. The Ministry of Agriculture, Food and the Environment will have the necessary to attend to the requests made to obtain information from the Central Water Base, and the citizens will have access to it in the same terms in Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment. "

Ten. A new paragraph 3 is added to Article 217, with the following wording:

" 3. The Communities of Users shall inform the basin organizations of the holders of the posts of President, Vice-President and Secretary of the Community when the relevant elections and renewals occur in the posts. "

Once. Article 292 (b) is deleted.

Twelve. Two paragraphs (l) and (m) are inserted in Article 315 with the following wording:

" (l) discharges carried out without the relevant authorisation or those which do not comply with the conditions under which they have been authorised, as well as other actions likely to contaminate inland waters, or any another element of the public hydraulic domain, or of altering the drainage conditions of the receiving channel, where the damage resulting from the hydraulic public domain is not greater than EUR 3,000.00.

m) The derivation of water from its channels and the delivery of groundwater without the corresponding concession or authorisation where it is necessary, and in cases where the conditions imposed in the authorisation are not met; granting or the conditions required for the exercise of the right to private use by legal provision where the damage resulting from the hydraulic public domain does not exceed EUR 3 000. '

Thirteen. Paragraphs (c) and (g) of Article 316 are amended as follows:

" (c) the derivation of water from its channels and the delivery of groundwater without the corresponding concession or authorisation where it is necessary, and in cases where the conditions imposed in the authorisation are not met; or granting or the conditions required for the exercise of the right to private use by legal provision, provided that the damage to the public hydraulic domain is between EUR 3,000,01 and EUR 15,000.00 or has been has been sanctioned for this conduct, as well as the carrying out of works or maintenance any means which make it possible to assume the following of the abuse of the same, provided that, in the latter cases, there is a prior requirement of the basin body to the contrary.

g) discharges carried out without authorisation or those which do not comply with the conditions under which they have been authorised, as well as other actions likely to contaminate inland waters or any other element of the public hydraulic domain, or of altering the drainage conditions of the receiving channel, provided that the damage resulting from the hydraulic public domain is between EUR 3,000,01 and EUR 15,000.00. '

Fourteen. Article 318 (1), which is worded as follows, is amended as follows:

" 1. The offences listed in the above articles may be sanctioned with the following fines:

a) Minor infractions, fine of up to 10,000.00 euros.

b) Less serious infractions, fine of 10,000.01 to 50,000.00 euros.

c) Serious infractions, fine of 50,000.01 to EUR 500,000.00.

d) Very serious infractions, fine of 500,000.01 to 1,000,000.00 euros. "

Fifteen. Article 323 is amended as follows:

" Article 323. Replacement and compensation.

1. Regardless of the penalties imposed on them, the offenders must replenish their previous state of affairs and, where not possible, compensate for the damages caused to the hydraulic public domain.

2. The repair of damage resulting in significant adverse effects to the environment as defined in Article 2.1 of Law 26/2007 of 23 October of Environmental Liability shall be enforceable in accordance with the terms laid down in the Article 6.3, and where appropriate, Article 7 of that Act.

3. In any event, the requirement to replenish the goods to their former state will force the infringer to destroy or demolish all kinds of illegal installations or works and to execute as many works as necessary for this purpose, according to the plans, form and conditions to be set by the competent sanctioning body.

4. The sanctioning body shall fix the damages in accordance with Articles 326 to 326 c of this Regulation.

5. Both the amount of the penalties and the amount of compensation to be imposed may be required by the administrative route of the award.

6. Subsidiary execution may be carried out, after warning to the offender and setting a time limit for voluntary enforcement. "

Sixteen. Article 325 is amended, which is worded as follows:

" Article 325. Responsible.

The obligations to replenish things to their primitive state and to compensate for damages will be demanded in solidarity, first of all, to those responsible directly, and, successive and subsidiary, to the accomplices and concealers. "

seventeen. Article 326 is amended as follows:

" Article 326. Damage assessment to the hydraulic public domain.

1. The assessment of the damage to the hydraulic public domain, for the purposes of the classification of the infractions regulated in Article 117 of the recast of the Law of Waters, will be carried out by the sanctioning organ according to the technical criteria in the following Articles and, where appropriate, taking into account the general criteria which have been agreed by the Government Boards of the catchment bodies, pursuant to Article 28 (j) of the recast of the Law of Waters.

2. In general, for the assessment of damage to hydraulic public domain and hydraulic works, their economic value shall be weighted. In the case of damage to water quality, account shall be taken of the cost of the treatment which would have been necessary to avoid the contamination caused by the discharge and the danger of the discharge. "

Eighteen. An article 326 a is added with the following wording:

" Article 326 bis. Assessment of damage to the hydraulic public domain in cases where water quality is not affected.

1. The assessment of damage from illegal water extraction shall be carried out taking into account the following criteria:

(a) The amount of damage to the hydraulic public domain shall be that of the economic value of the affected hydraulic public domain which shall be obtained by multiplying the volume of water derived or extracted by the unit cost of water determined on the basis of the use of the product in accordance with paragraph c).

(b) As far as the volume of water extracted is concerned, the corresponding volumetric meter shall be determined if it is installed. If it is not installed or installed is damaged or is operating incorrectly, the volume shall be determined in accordance with the envelopes for the various uses indicated in the relevant river basin management plan, or in the absence thereof, in Annex IV of the Instruction of Hydrological Planning, approved by Order ARM/2566/2008, of September 10 and in the information available in the basin agency, by the application of the following indirect criteria, in defect of another system of calculation:

1. In the case where the extracted water is intended for the supply of urban or urban nuclei, the amount of water extracted will be calculated taking into account whether the use is human consumption, other uses domestic, municipal use or irrigation and the industries of low water consumption.

When water is used for the supply of urban nuclei that generally constitute the habitual residence of its inhabitants, the number of persons supplied will be taken into account and the computation will be carried out for annual periods. Otherwise, the computation shall be carried out for the period of time that marks the corresponding river basin management plan or, failing that, the basin organism, for the second residences.

2. In the case where the extracted water is intended for agricultural use, the amount of water extracted shall be calculated taking into account whether the use is irrigation, livestock or other agricultural uses.

When water is intended for irrigation, the quantity of water extracted shall be calculated by applying to the irrigated area the allocations laid down in the relevant river basin management plan for the type of crop concerned or those approved by the basin body, and notified to those concerned, in plans for exploitation or provisional rules for management. In the absence of appropriations in the instruments referred to above, the quantity of water extracted shall be determined on the basis of the type of crop, area and irrigation system used. The calculation shall be carried out for the period between the start of the illegal extraction or the start of the corresponding irrigation campaign and the date on which the facts that gave rise to the infringement were established.

3. In the case of extracted water intended for industrial uses, production of electricity and aquaculture, the amount of water extracted will be calculated taking into account the demand allocations for these sectors.

(c) As regards the unit cost of water, it shall be the result of the economic analyses of the use of water to be made by the basin bodies in accordance with the second paragraph of Article 41.5. the recast text of the Water Law, as well as studies on these same aspects that are subsequently incorporated into the corresponding river demarcation plans.

Until the analysis and studies referred to in the preceding paragraph are incorporated into the relevant river basin management plan, the cost of the resource shall be that which has been established by agreement of the Governing Board of the Agency. the catchment area or the one to be determined by that body in the future by applying the assessment criteria resulting from the financial economic regime for the use of water in the relevant basin, which may be supplemented or supplemented by the (a) defect, with other criteria derived from sectoral rules or from reasons of profitability and market.

(d) The catchment bodies shall determine the amounts of the cubic metre of water and the volumes or envelopes of water brought in each case as a result of the application of the criteria set out in the paragraphs above.

2. The assessment of damage from the extraction of aggregates and the use of materials without authorisation shall be carried out taking into account the following criteria:

(a) The amount of damage to the hydraulic public domain shall be that of the economic value of the affected hydraulic public domain, which shall be obtained by multiplying the volumes of aggregates or materials extracted or used, by the cost unit of the same.

(b) The unit cost of the aggregates or materials extracted or used shall be determined by the basin body, taking into account market prices, but the amount of the materials or materials used may not be less than the amount which would be applied in the the moment of the finding of the facts, the licence fee for the use of the goods in the public hydraulic domain (for the use of the goods in the public hydraulic domain), in accordance with the provisions of Article 112.4.c) of the recast text the Law of Waters.

3. The assessment of damage by unauthorised works, destruction, subtractions, actions or occupations, including the deposit of debris and the installation of mobile structures shall be carried out taking into account the following criteria:

(a) The amount of damage to the public hydraulic domain shall be that of the economic value of the illegally used hydraulic public domain property which shall, in any event, include the economic value of the subtracted, damaged or destroyed.

(b) In the case of unauthorised occupations of the public hydraulic domain, the amount of damage, excluding environmental restoration costs, may not be lower than that which would be applicable at the time of the evidence of the facts, the licence fee for the use of the goods in the hydraulic public domain (by occupation of land in the public hydraulic domain or by use of the public hydraulic domain), as laid down in the article 112.4.a) and b) of the recast text of the Water Act.

4. The valuation of tree-cut damage shall be carried out taking into account the following criteria:

(a) The amount of damage to the hydraulic public domain shall be that of the economic value of the trees unduly cut. In each tree, the amount of wood unduly cut shall be determined directly by the calculation of the exact volume of the tree when its determination is possible. Where this is not possible, the calculation shall be done indirectly and taking into account the average yield of the tree in question.

The value of each tree will be determined by adding to the cost of the wood, the corresponding one, if any, to different products. For the above purposes, the cost of the wood felled shall be determined in accordance with market prices and depending on the species concerned. In the case of certain trees having a special value they shall apply valuation systems which include those characteristics.

(b) The basin bodies shall determine the amounts of the cubic meter of wood and the different units of computation to be taken into consideration, as well as, where appropriate, the cost of other products other than wood.

(c) The amount of the damage, excluding environmental restoration costs, may not be less than that which would result from the application of the charge for the use of public domain goods at the time of the finding of the facts hydraulics (for the use of hydraulic public domain goods), in accordance with the provisions of Article 112.4.c) of the recast text of the Water Act.

5. The assessment of damage from unauthorised use of pasture or ploughing, sowing and unauthorised planting shall be carried out taking into account the following criteria:

(a) The amount of damage to the public hydraulic domain shall be that of the economic value of the affected hydraulic public domain which shall be the equivalent of the average value of the use per hectare, multiplied by the number of hectares unduly exploited.

(b) Basin organisms shall determine the average value of the use per hectare, depending on the particular area concerned, for the purposes of the preceding paragraph.

c) In any event, the amount of the damage, excluding environmental restoration costs, may not be lower than that which would result from the application of the charge for the use of the goods at the time of the hydraulic public domain (by occupation of land of the public hydraulic domain or, in the case of unauthorized use of pasture, for the use of goods of the hydraulic public domain), according to the article (a) and (c) of the recast of the Water Act. "

nineteen. An article 326 ter is added with the following wording:

" Article 326 ter. Assessment of damage to the hydraulic public domain produced in water quality.

1. The assessment of the damage to water quality by waste water discharges shall be carried out in the light of the cost of the treatment which would have been necessary to avoid contamination and the danger of the discharge, according to the following objective estimation formula:

V Damage (€) = CTEC x V x K_pv = 0.12 €/m³ x Q x t x K_pv

Where,

CTEC = The cost of treatment of the spill to avoid contamination, in euros per cubic meter. Set as 0.12 €/m³.

V = Landfill volume in cubic meters [m³].

Q = Flow flow rate in cubic meters per day.

t = Landfill duration in days.

K_pv = Dimensionless coefficient relative to the hazard of the spill [is included in Annex V. A)].

(a) The determination of the discharge flow, for the purposes of applying the formula in paragraph 1, shall be carried out in accordance with the following criteria:

1. The value of the measured flow rate at the time of sampling shall be used. In the event of a flow rate of continuous values over a day, the average value of these values shall be used.

2. In the case where the flow measurement is not possible, it shall be calculated indirectly from water consumption data, number of workers, type of production or any other duly justified, including the Administration of water and discharge authorization.

In discharges of urban waste water without measured or pre-fixed flow, the discharge flow may be calculated on the basis of the amounts of landfill in litres per inhabitant per day, according to the population supplied and the level of commercial activity of the table set out in Annex V. B).

3. For the calculation of the total discharge volume, in the case of a continuous discharge over time, an average flow rate determined from the measured values in the samples taken and the characteristics of the sample shall be considered. pollution, as well as the constructive and operational situation of its purification plants. Between two samples of a constant productive activity, and in particular in urban discharges, the discharge flow can be estimated as constant.

(b) The determination of dumping time, for the purposes of applying the formula in paragraph 1, shall be carried out in accordance with the following criteria:

1. It may be reasonably established that the discharge flow, measured or estimated, at a given time has remained stable during the 24 hours of the day or to justify another time value from the data in the power of the relevant catchment area.

2. To justify the existence of continued dumping in a longer period of time, samples shall be taken at reasonable intervals of time taking into account the characteristics of the discharge activity and the the constructive and operational situation of their purification plants, which make it possible to justify that the spill has remained constant.

3. In the case of occasional discharges of waste water, their duration must be justified.

(c) The determination of the hazard of discharge (K_PV) for the purposes of applying the formula in paragraph 1 shall be carried out as set out in Annex VI. The coefficient K_PV shall be calculated for each of the samples according to the formulae and according to the groups of parameters set out in that Annex.

2. The assessment of damage to the quality of water by discharges of waste in liquid state or in the form of sludge which is not subject to authorisation in accordance with the legislation of water, as well as those produced by discharges or spillages and not continued and of a pollutant nature, shall be carried out according to the following objective estimation formula:

Value (€) = CTECr x M = CTECr [€/t] x M [t]

in which:

CTECr = The cost of treatment of landfill to avoid pollution and danger, in euro per tonne. It is calculated as provided for in Annex V. C).

M = Masa of waste dumped in tons (t). "

Twenty. An article 326 c is added with the following wording:

" Article 326 quater. Rules on sampling.

1. In the light of the evidence, internal or external denunciation or any other means by which knowledge of a spill to the public hydraulic domain that could be constitutive of administrative infraction, the competent personnel of the organisms of the the catchment area shall proceed on its own initiative and without formal agreement to the effect on the identification of the holder and the sampling.

2. The sampling operations of the discharge shall be documented in an Act of Constancy and Discharge Sampling, which shall contain at least the information set out in Annex VI.1. It shall consist of three copies, in identical format; the first to the basin body, the second to the laboratory responsible for the analysis of the Official sample and the third for the representative of the holder of the discharge. Each sample shall be accompanied by the corresponding document of the chain of custody containing at least the information set out in Annex VI.2.

3. The taking of samples shall, in general, take place in the presence of a representative of the holder of the discharge, the granting of the reuse or the person to whom he delegates to these effects, who may accompany the representative of the Administration in all operations and to whom the opportunity to manifest in the Act shall be provided as far as its right is concerned. In another case, the Minutes of the reasons for which this is not possible shall be recorded in the Minutes.

4. The discharge sample shall be taken into the public hydraulic domain. In addition, sampling may be carried out at any other point which is considered appropriate for the proper determination of the nature and extent of the discharge and, where appropriate, of the effects it produces on the receiving medium. In the case of reuse of water, the intake shall in any case be made at the point of delivery of the sewage or the point of delivery of the regenerated waters.

5. The sample shall be taken in duplicate (Official and Contradictory) and these aliquots shall be sealed and properly identified in the presence of the representative of the landfill holder.

6. The official sample shall be held by the basin body in order to be analyzed in its Laboratory or in that of a contributing entity of the hydraulic administration approved for this purpose pursuant to Order MAM/985/2006, of 23 March, by The development of the legal regime of the collaborating entities of the hydraulic administration in matters of control and monitoring of the quality of the waters and the management of the discharges to the hydraulic public domain.

7. The conflicting sample shall be delivered to the person concerned or, failing that, shall be at his disposal, within five working days following the date of sampling, at the headquarters of the laboratory of the basin body or in which it is designated, for possible contradictory analysis in the laboratory that the data subject chooses. The laboratory analysing the conflicting sample shall be accredited by an accreditation entity that ensures compliance with the requirements set out in the UNE-EN ISO/IEC 17025 standard, or the one that replaces it in the future. The extent of the laboratory accreditation chosen to analyze the Contradictory Sample should include the pollutants to be analyzed.

8. The person concerned shall be responsible for the correct preservation of the contradictory sample and for the guarantee and inviolability of the chain of custody, from its collection to its delivery in the laboratory by the chosen one. For these purposes, the laboratory receiving the sample shall subscribe to a document, which shall be delivered by the person concerned to the basin body, which shall include at least the following information:

(a) Identification of the laboratory and its legal representative, with an express indication of compliance with the requirements set out in paragraph 7.

b) Identification of the company that delivered the sample.

(c) Identification data of the sample and evidence of the guarantee and inviolability of the chain of custody, from the collection of the sample by the data subject to its reception by the laboratory. "

Twenty-one. A new point (i) is added to Article 344 (1):

"(i) Accreditation of not being in any cause of the provisions of Article 161, in particular, of the effective use of water at some point in the three years preceding the date of the transfer of rights."

Twenty-two. A new third additional provision is incorporated with the following wording:

" Additional provision third. Human and material means.

1. The Office of the Register of Water shall have the appropriate material means and the personal means to be determined in relation to posts of official staff. The Office of the Water Registry shall be operational by 1 January 2020. Up to that date the issuance of the certifications shall not be required in accordance with the terms of Article 195 c.

2. The adequacy of the seats in the Register of Water to the requirements of this royal decree, as well as the allocation of jobs referred to in the previous paragraph, will not entail an increase in public expenditure and will be financed by the Ordinary Expenditure Budget of each Basin Agency.

3. The procedure referred to in Article 195 c shall be incorporated in the electronic register of the Department, in accordance with the Order ARM/1358/2010 of 19 May, establishing and regulating the Electronic Register of the Ministry of the Environment and Rural and Marine Environment.

4. The Ministry of Agriculture, Food and the Environment will have the necessary means to configure the security, confidentiality and accessibility measures of the workers ' data held by the Offices for the purpose of guaranteeing the normal exercise of the powers of each basin body in the field governed by this royal decree, without prejudice to the assignment of those necessary for the fulfilment of the purposes for which they are entrusted. "

Twenty-three. A new fourth additional provision is incorporated with the following wording:

" Additional provision fourth. Collaboration between Administrations.

For the purposes of Articles 4 and 38.4 of Law 30/1992 of 26 November, the various public administrations will establish the collaboration agreements necessary to establish the communication and the coordination of registers to ensure the compatibility of the information, as well as the electronic transmission of the registered seats and of the applications, documents, communications and documents presented in any of the records, in accordance with Law 11/2007 of 22 June, and Royal Decree 4/2010, of 8 January, for which The National Interoperability Scheme is regulated in the field of the Electronic Administration and the recast text of the Law of Real Estate, approved by the Royal Legislative Decree of March 5. "

Twenty-four. A new fifth additional provision is incorporated with the following wording:

" Additional disposal fifth. Using Constancy Acts and Sample Take.

As of the entry into force of this royal decree, the official models of minutes regulated therein will be used by the Agents of the Nature Protection Service of the Civil Guard by virtue of established in the Communication of the Ministers of the Interior and the Environment of 21 October 1997, and by the Hydraulic Administration's collaborating entities regulated in Order MAM/985/2006, of 23 March. "

Twenty-five. A new transitional provision fifth is incorporated with the following wording:

" Transient Disposition fifth. Adequacy of the inscriptions.

1. Before 1 January 2020, the registration of the Water Register shall be adapted to the requirements laid down therein. Such adequacy shall not, in any event, entail any alteration of the nature or the content of the registered right. For these purposes, the catchment bodies shall proceed to the task of collecting the necessary information and documentation.

2. The inscriptions that come from the review of rights recognized prior to January 1, 1986 and which have not been transferred from the General Register of Public Water Irrigation to the Register of Water will be adapted in your move to the prescriptions of this royal decree.

3. Also before January 1, 2020 will be the closing of the Book of Public Water and the books of mobile sheets of the Register of Water, and the transfer of all the existing inscriptions to the present computer structure of the Water Registry. "

Twenty-six. The single final provision is amended, which is worded as follows:

" Single Final Disposition. Regulatory enablement.

The Minister of Agriculture, Food and the Environment is empowered within the scope of his powers to amend the Annexes to this Regulation when required to comply with the European Union's legislation or to advise it. environmental circumstances or scientific or technological developments, as well as the regulation of the Office of the Water Registry provided for in Article 190. '

Twenty-seven. A new Annex V is added with the following content:

" ANNEX V

Coefficients for the assessment of damage to the hydraulic public domain produced in water quality (in application of Article 326 b)

A) Dangerous Coefficient (K_PV) (in application of Article 326 ter.1)

The coefficient K_PV shall be calculated for each of the samples in accordance with the following formulae, depending on the groups of parameters referred to in paragraph 1 and the reference coefficient U referred to in paragraph 1. 2:

A Parameters:	for 1 < U < 100	PV = 0.7U +
for U ≥ 100	PV = 70.2
Group B Parameters:	for 1 < U < 100	K PV = 0.5 U + 0.4
		for U ≥ 100	KPV = 50.4
Group C parameters:	for 1 < U < 100	KPV = 0.13 U + 0.8
	for U ≥ 100	KPV =
Parameters groups A, B, and C:	for U ≤ 1	KPV = 0

In addition, the following rules apply sequentially:

1. º In each sample, in the case of analyzing several parameters, K_PV will be calculated for each of them. The value of K_PV in the sample will be the highest of those obtained.

2. In case of two samples, the value of K_PV to be used in the damage assessment shall be that corresponding to the arithmetic mean of the K_PV of each of the samples.

3. In case more than two samples are available, the average K_PV of each two consecutive samples, which will be considered as K_PV , will be performed for each interval of time between the two shows. It will be taken as K_PV of calculation, the time-weighted average of the K_PV of each interval.

1. Pollution parameters.

The pollution parameters are divided into three groups according to the degree of dangerousness of the same.

(a) Group A includes the hazardous substances listed in Annex I and II to Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy.

b) Group B includes specific nutrients and contaminants. The nutrients are the indicators used for the assessment of the ecological status or potential of the waters whose value depends on the typology of the water mass. The specific pollutants are the substances listed in Annex III to Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy. A parameter relating to the toxicity of the discharge on aquatic organisms is also included. For the consideration of this parameter, the criteria set out in paragraph 5 of this Annex shall be followed.

c) Group C includes parameters less hazardous than those listed in the previous two groups. It contains the other quality elements used for the assessment of the ecological status or potential of the water (temperature, salinity, acidification); the global parameters of pollution related to suspended solids and the organic matter; and finally, microbiological parameters.

2. Determination of the reference coefficient (U).

The value of the coefficient U for each sample, for the purposes of applying the formulae at the beginning of this Annex, shall be determined as follows:

a) The coefficient U is equal to the ratio between the measured value of a given parameter in the spill sample and the reference value of that parameter:

being,

Vm: Measured value, that is, the analytical result obtained in the spill sample.

Vr: Reference value, that is, the emission limit value that is contained in the spill authorization. If no authorisation is required, or an emission limit value is not defined for that parameter in that authorisation, the values referred to in paragraph 3 shall apply.

b) For the pH and temperature parameters, the value of the coefficient U shall be obtained from the following expression:

Being | Vr-Vm | the absolute value of the parameter decrement or increment.

c) When the reference value is set as a range of values, it will be taken as Vr, the value of the interval from which a minor U is to be deducted.

d) For microbiological parameters, the value of U will be obtained from the expression:

U = log (Vm-Vr)

Observation: (Vm-Vr) cannot be transformed as an absolute value, but is the result of the difference. If negative, then U is less than or equal to 1 and therefore K_PV is 0.

3. Determining the reference value (Vr)

If a spill does not have an authorization or if a pollutant lacks the emission limit value in the discharge authorization the spill is prohibited and its emission limit value is zero (a. 245.2 of the Regulation of the Hydraulic Public Domain). The reference value should therefore be zero (Vr = 0) and the calculation of the U-coefficient would be indeterminate (U = Vm/Vr).

As a palliative in this case, and only for the purposes of the calculation of Vr, the emission limit of the parameter shall be assimilated to the value corresponding to the good state of the type to which the mass of water affected by the discharge of water belongs. residual.

For Group A substances the reference value is the environmental quality standard provided for in Royal Decree 60/2011 of 21 January on environmental quality standards (EQS) in the field of water policy. This value shall be applied to surface water and groundwater in the case of no other reference value.

For the pollutants in Group B the reference value is the specific NCA and approved in the basin hydrological plan, as provided for in Article 6 of Royal Decree 60/2011.

For Group B nutrients and other quality elements in Group C the value corresponding to the good state or ecological potential of the type to which the water mass affected by the water spill belongs shall be applied. residual.

In the absence of such value for the parameter, the reference value given below shall apply for both surface water and groundwater. These thresholds correspond to general estimates of the environmental quality standards and the good status value of the water mass affected by the waste water spill.

Group A: Dangerous substances

Vr
listed in Annexes I and II Royal Decree 60/2011 of 21 January on environmental quality standards	NCA-MA

Being NCA-MA, the environmental quality standard expressed as an annual average concentration for continental surface water.

Group B: Nutrients and specific pollutants

pollutant

1

Total _table_izq"> Cloro

Not applicable

CAS	Vr (mg/l)
Ammonium (mg/L) NH4)	14798-03-9	1
Nitrates	14797-55-8	50
Nitrites	14797-65-0	0.03
Nitrogen Kjeldahl (mg/L N)	3
3 Total_table_izq"> Total Nitrogen (mg/L N)	Not applicable	3
Fosfatos (mg/L PO4)	14265-44-2	0.7
Fosforum (mg/L P)	14265-44-2	0.4
				Annex III of RD 60/2011 on NCA	Not applicable	NCA specific approved in the hydrological
applicable	Not applicable	Not applicable	1
Barium	7440-39-3	1
7440-41-7		1
Boro
1
7782-50-5	0.005
Cobalt	1
Iron	7439-89-6	2
Mante_body
Magnesium	7439-95-4		1	1	1	1	1
	0.5
Vanadium
Biocides and Plant Protection Products
No applicable	0.001
	Toxicity
Toxicity in UT	Unapplicable	1

Group C: Other parameters

pollutant

Sulfates

Ph

Coliforms 37 ºC

Units	Vr
Status Quality
	Increment temperature on the receiving media	ºC	3ºC
oxygen biochemical demand (DBO5 at 20ºC) without nitrification.	mg/L of O2	6
Conductivity at 20ºC	µ S/cm	1000
Chlorides	mg/L	200
mg/L	250
Ph	Ph	5.5-9
Other
Color	mg Pt /L	200
Suspended Solids	mg/L	25
oxygen demand (DQO)	mg/L	30
	Microbiologics
UFC/100 mL
20000
UFC/100 mL	50000
Enterovirus	PFU/10 mL	0
	UFC/100 mL	10000

4. Determination of toxicity (UT).

(a) The toxicity of a sample is measured by the acute toxicity tests on fish, and on the basis of the following standards:

Acute toxicity test in fish. EEC Test C. 1., OECD 203.

The immobility test of the magna. EEC Test C. 2., OECD 202.

Algae growth inhibition test. EEC test C. 3., OECD 201.

b) Toxicity is expressed in units of toxicity (UT) and is calculated according to the following expression:

Toxicity (UT) = 100/CL (E) 50

As CL (E) 50 is the average lethal/effective concentration corresponding to the proportion of discharge that causes mortality or inhibition of the mobility of 50% of exposed individuals (in the case of fish and respectively) or the inhibition of 50% in the growth of algae.

c) In each sample the three toxicity tests referred to in paragraph (a) must be carried out.

d) The Vm value of the sample is the highest Toxicity value obtained, expressed in UT, of the 3 tests performed.

(e) The value of Vr for authorised discharges shall correspond to the Toxicity calculated for a pre-constituted sample, in which the set of pollutants collected in the discharge authorisation are included, to the maximum authorized concentrations.

The value of Vr for unauthorized discharges is listed in Group B Table 4.

B) Dillings in litres per inhabitant per day, according to the population supplied and the level of commercial activity (pursuant to Article 326 ter.1.a) .2.).

	Population (inhabitants)	High Commercial Activity	Activity <
		190	170
10.000-50,000	240	220	190
50,000-250,000	280	250	220
250,000	330	300	260

C) Cost of treatment of landfill to avoid contamination (CTECr) expressed in euro per tonne (€/T) according to the type of waste in liquid state or spill sludge (in application of Article 326 ter.2).

If a residue can be cataloged in several types, the highest reference cost (ß) will be taken.

Type	(€/t)
Waste classified as hazardous Liquid status. Lixiviates of hazardous waste dumps. Lodos classified as hazardous.	1,000
-hazardous waste in state liquid containing substances of Group A or B listed in paragraph A) of this Annex. non-hazardous waste dumps. Non-hazardous waste dumps with Group A or B substances listed in section A) of this annex.	400
	150. "

Twenty-eight. A new Annex VI is added with the following content:

" ANNEX VI

Record of evidence and sampling and minimum content of the chain of custody document (pursuant to Article 326 c)

Single repeal provision. Regulatory repeal.

As many provisions of equal or lower rank are repealed, they oppose the provisions of this royal decree, and in particular Order MAM/85/2008 of 16 January, laying down the technical criteria for the assessment of the the damage to the hydraulic public domain and the rules on sampling and analysis of waste water discharges.

Final disposition first. Competence title.

The present royal decree is dictated by article 149.1.22. of the Constitution, which attributes to the State exclusive competence in matters of legislation, management, concession and use of water resources when the waters run by more than one autonomous community. However:

(a) is issued under Article 149.1.13. of the Constitution, which attributes to the State the competence of bases and coordination of the general planning of economic activity, together with the rules 18 and 31. for State purposes, in Article 197 (9), Article 197.

(b) is given under Article 149.1.18. of the Constitution, which confers on the State jurisdiction in the field of the legal system of public administrations and the statutory regime of its officials, which, in all (a) the common administrative procedure, without prejudice to the specialities derived from the own organisation of the autonomous communities; legislation on compulsory expropriation; basic legislation on administrative contracts and concessions and the system of the responsibility of all public administrations, the paragraphs of the single article two to eight, fourteen, twenty-one, twenty-three and paragraph 9, Articles 189.1 and 2 first paragraph and 195 quater.1, 2 and 3.

(c) is issued under Article 149.1.23. of the Constitution, which confers on the State the competence of basic legislation on the protection of the environment, without prejudice to the powers of the autonomous communities of establish additional standards of protection, paragraph 15 of the single article.

Final disposition second. Entry into force.

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

Given in Madrid, on September 6, 2013.

JOHN CARLOS R.

The Minister of Agriculture, Food and the Environment,

MIGUEL ARIAS CANETE