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Real Decree 400/2013, Of 7 June, Which Approves The Hydrological Plan Of The Spanish Part Of The Basin Of The Eastern Cantabrian.

Original Language Title: Real Decreto 400/2013, de 7 de junio, por el que se aprueba el Plan Hidrológico de la parte española de la Demarcación Hidrográfica del Cantábrico Oriental.

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Article 40.1 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, states that hydrological planning will have as general objectives the good state and the right protection of water and water public domain, the satisfaction of water demands, the balance and harmonization of regional and sectoral development, increasing the availability of resources, protecting their quality, saving their employment and rationalizing their uses in harmony with the environment and other resources natural. In this sense, the aforementioned article, in paragraph 3, states that the hydrological planning is carried out through the river basin management plans and the National Hydrological Plan, the latter approved by Law 10/2001 of 5 July of the Plan National Hydrologic.

The regulatory framework for hydrological planning is set up by Directive 2000 /60/EC of the European Parliament and of the Council of 23 October establishing a Community framework for action in the field of hydrological Water policy; the aforementioned recast of the Water Law; Law 10/2001 of 5 July; the Regulation of the Public Hydraulic Domain that develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Law of Approved Waters by Royal Decree 849/1986 of 11 April 1986; the Regulation of the Hydrological Planning approved by the Royal Decree 907/2007 of 6 July 2007; Instruction of Hydrological Planning approved by Order ARM/2656/2008 of 10 September; Law of 23 June, of Water of the Basque Country, in the field of the competences of the Autonomous Community of the Basque Country; Law 9/2006 of 28 April 2006 on the assessment of the effects of certain plans and programmes on the environment; Decree 183/2003 of 22 July on the procedure for joint impact assessment Decree 211/2012 of 16 October, for which the environmental assessment procedure is regulated strategic plans and programmes; the Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy; Royal Decree 1620/2007 of 7 December establishing the legal system for the the reuse of the sewage water; the Royal Decree 1514/2009 of 2 October, which regulates the protection of groundwater against pollution and deterioration; Royal Decree 903/2010 of 9 July 2010 on the assessment and management of groundwater flood risks, and will also be taken into account in the management of floods, the Council Agreement of Ministers, of 29 July 2011, approved the State Plan for Civil Protection in the face of the Flood Risk and the Agreement of the Council of Ministers of 9 December 1994 approving the Basic Planning of the Civil protection against the Flood Risk where the content and basic functions of the autonomous communities ' plans are established in the face of the risk of flooding.

This regulatory framework falls within the scope of international treaties signed by Spain, in particular the United Nations Convention on the Protection and Use of Transboundary Water Courses and Lakes On 17 March 1992 the OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic, made in Paris on 22 September 1992 and the Agreement on the Management of Water in Toulouse on 15 June 1992, was adopted by the Council on 17 March 1992. February 2006.

The previous regulatory framework is complemented, in relation to the bodies involved in the planning, by: Royal Decree 126/2007, of 2 February, which regulates the composition, operation and attributions of the committees of competent authorities of river basin districts with inter-community basins; Royal Decree 1627/2011 of 14 November establishing the composition, structure and functioning of the Water Council in the field of competition State of the Spanish part of the Eastern Cantabrian Demarcation; the Decree 220/2007 of 4 December of the Assembly of Users of the Basque Water Agency; Decree 221/2007 of 4 December of the Board of Directors of the Basque Water Agency; and Decree 222/2007 of 4 December of the Council of Water of the Basque Country, which establish the composition and working arrangements of the bodies of participation, government, and advice of the Basque Water Agency in development as established by Law 1/2006, of 23 June, of Aguas del País Basque.

Article 40.3 of the recast of the Water Law establishes that the territorial scope of each hydrological plan will be matched with that of the corresponding hydrographic demarcation, therefore the normative framework is completed with Royal Decree 125/2007 of 2 February laying down the territorial scope of the river basin districts, in which Article 3.2 delimits the Spanish part of the Eastern Cantabrian River Basin District in the following terms: " Comprises the territory of the river basins of the rivers that pour into the Cantabrian Sea from the basin of the Barbadun to that of the Oiartzun, including the interbasin between that of the stream of La Stiquín and the river Barbadun, as well as all its transitional and coastal waters, and the Spanish territory of the river basins of Bidasoa, including its transitional waters, Nivé and Nivelle. The coastal waters have as a west limit the line of orientation 2. º that passes through Punta del Comale and as limit is the border between the territorial sea of Spain and France ". This area corresponds significantly to that of the Northern III Hydrological Plan of 1998.

Also, this standard provides an answer to the requirements laid down in the additional provision of Royal Decree 125/2007, of 2 February, which states that the elaboration of the Hydrological Plan of this Demarcation will be carried out by means of the harmonious integration of the hydrological plans of the competent hydraulic administrations, having been transferred by Royal Decree 1551/1994 of 8 July 1994 to the Autonomous Community of the Basque Country, the functions and services on the Basins of the Basque Country; in order to guarantee the management unit and the coordination of the hydrological planning of the Demarcation, which is articulated through the Collegiate Coordination Body set up in the Partnership Agreement signed on 18 July 2012. This document establishes the guidelines for the elaboration of the Hydrological Plan of the Spanish part of the Eastern Cantabrian Demarcation, through the harmonic integration, on the one hand, of the Hydrological Plan elaborated by the General government of the State for the inter-community basins, through the Confederation of Cantabrian Hydrographic in accordance with article 1.1 of Royal Decree 650/1986, of 8 May, and, on the other hand, of the Hydrological Plan carried out by the Autonomous community of the Basque Country for its internal basins, through the Basque Water Agency (URA) in compliance with the Law of 23 June, which was previously dealt with in their respective areas, but in a coordinated manner.

Consequently, the Hydrographic Confederation of the Cantabrian and Basque Water Agency, have elaborated this Hydrological Plan, which implies the repeal of the previous Hydrological Plan of the North III approved by the Royal Decree 1664/1998, of July 24, by which the river basin management plans are approved, a derogation that also extends to the determinations of normative content of this Plan which was published by the Order of 13 August 1999.

The performance of the Cantabrian Hydrographic Confederation for this purpose, in the field of state competence, is generally based on the provisions of Article 23 (1) (a) of the recast text of the Water Law and has been expressed as through its Board of Government and the Water Council of the Demarcation of the form that relates later.

The action of the Basque Water Agency, in the area of regional competence, is based on the provisions of Article 41.1 of the same recast text of the Water Law, where it is established that " the elaboration and proposal of Subsequent revisions of the river basin management plans shall be carried out by the relevant basin body or by the competent hydraulic administration in the basins fully covered by the territorial scope of the autonomous community. " Article 40.6 also states that "they shall be approved if they comply with the requirements of Articles 40.1, 3 and 4 and 42, do not affect the resources of other basins and, where appropriate, accommodate the requirements of the National Hydrological Plan".

The procedure followed by both hydraulic administrations, the Hydrographic Confederation of Cantabrian and the Basque Water Agency, for the elaboration of this Hydrological Plan, has been developed in three stages: First, in accordance with Article 78.1 of the Hydrological Planning Regulation, a work programme was drawn up which included a timetable on the planned phases, a general study of the Demarcation and the formulas for consultation. second, in which an Interim Outline of Important Issues in the field of management of the waters of the Hydrographic Demarcation; and, another third in which the drafting of the Hydrological Plan itself was carried out.

In the second stage of the hydrological planning process, and following the mandatory public consultation over a period of six months, a report was drawn up on the proposals, comments and suggestions received from the Interim of Important Issues in Water Management, incorporating those that were considered appropriate, thus forming the document of Schemas of Important Issues.

Subsequently, by virtue of the unique transitional arrangement of the Hydrological Planning Regulation, incorporated by Royal Decree 1161/2010 of 17 September, and not yet constituted by the Water Council of the Demarcation, the Outline of Important Issues in the field of water management in the field of state competence was submitted to a mandatory report of the Board of Government of the Basin Agency at its meeting of 21 October 2010 that reported the document favourably. For its part, the Committee of Competent Authorities agreed at its meeting of 16 December 2010. In the case of the area of regional competence, the Outline of Important Issues in Water Management was approved with the agreement of the Water Council of the Basque Country at its meeting on May 19, 2010.

In the third stage of the planning process, the Basin Agency and the Basque Water Agency drafted the Proposal for the Project of Hydrological Plan of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation, in their areas of state and regional competence respectively. The elaboration of the Plan was guided by environmental, economic and social sustainability criteria in the use of water through integrated management and long-term protection of water resources, prevention of deterioration of water status, protection and improvement of the environment and aquatic ecosystems, reduction of pollution and prevention of the effects of floods and droughts.

In parallel with the elaboration of the Hydrological Plan, interactively throughout its development and decision-making process, the process of strategic environmental assessment of the Plan has been carried out, with the provisions of Article 71.6 of the Hydrological Planning Regulation. Thus, this Hydrological Plan has been submitted to the aforementioned procedure, as established by Law 9/2006, of 28 April, in order to integrate environmental aspects into such planning.

Consequently, on 22 August 2008, the Hydrographic Confederation of the Cantabrian, responsible for the elaboration of the Hydrological Plan of the State competition field and, therefore, a promoter in the evaluation process The Ministry of Environment, Environment and Public Health, issued the initial document that began the process by which it communicated to the relevant environmental body, the Environmental Quality and Evaluation Directorate of the Ministry of Environment, and the Environment. Rural and Marine, current Ministry of Agriculture, Food and Environment, the beginning of the process of elaboration of the Hydrological Plan, as determined by article 18 of Law 9/2006, of 28 April. At the same time on 8 October 2008, the Basque Water Agency initiated the process in the area of regional competence, requesting the Viceconsetics of Environment of the then Department of Environment and Regional Planning of the Basque Government the start of the procedure.

Following the mandatory consultation procedure for the public authorities concerned and the public concerned, the environmental body issued, in the field of regional competence on 28 January 2009 and at the State level on 29 April 2009, the Reference Document, as provided for in Articles 9 and 19 of that Law. The Reference Document defines the strategic environmental criteria, the applicable sustainability principles and the content of the information to be taken into account in the preparation of the Environmental Sustainability Report of the Plan. Hydrologic.

The Environmental Sustainability Report identifies, describes and evaluates the likely significant effects on the environment arising from the Hydrological Plan, as well as reasonable, technical and alternative alternatives. environmentally viable, which take into account the objectives and territorial scope of application of the objectives.

Following the process of elaboration of the Plan, prior to the mandatory public consultation of the Proposal for a Project of Hydrological Plan and in order to promote and to make effective the active participation of the parties interested in the planning process, both the Basin Agency and the Basque Water Agency, organized information days, workshops, and expert tables, in different places of the Hydrographic Demarcation directed to the public in general, as well as the editing and dissemination of information brochures and surveys.

Later, the Proposal for a Hydrological Plan and the Environmental Sustainability Report were submitted to public consultation for a period of 6 months, which began on 20 December 2010 for the area of regional competence and the 4 May 2011 for the area of State competence and were closed respectively on 20 June 2011 and 4 November 2011.

The public consultation period, the Basque Water Agency and the Cantabrian Hydrographic Confederation, conducted two reports on the proposals and suggestions received, incorporating those they considered. On 30 October 2012, the Basque Agency and on 18 October 2012 the Confederation, the Governing Council of the Autonomous Community of the Basque Country and the Council, submitted it to the Governing Council of their respective bodies. The Water of the Demarcation. In the final wording of the Proposal for a Project of Hydrological Plan, the environmental memory, issued in the ambit of state competence in October 2012, was taken into account and approved by the Secretary of State for the Environment on November 20 2012, in accordance with Article 80.4 of the Hydrological Planning Regulation, and on 1 October 2012 in the field of regional competence, approved by the Viceconsejera de Medio Ambiente del País Vasco.

With the agreement of the Committee of Competent Authorities, on October 10, 2012; and those of the Basque Government, by agreement of the Governing Council of 30 October 2012, and of the Water Council of the Demarcation, by means of a report favourable of 18 October 2012; the Collegiate Organ of Coordination of the Spanish part of the River Basin District of the East Cantabrian gave its unanimous agreement, on 8 November 2012, to the proposal for a Hydrological Plan and the referred to the Ministry of Agriculture, Food and Environment, on 14 November 2012, for continue processing. The Ministry referred the project to the National Water Council, which issued its mandatory report on December 13, 2012, subsequently raising the government for approval by royal decree, in compliance with the provisions of the Article 40 (5) and (6) of Royal Legislative Decree 1/2001 of 20 July, approving the recast text of the Water Act.

In accordance with Article 42 of the recast text of the Water Law and the provisions of Article 81 of the Hydrological Planning Regulation, the content of this Hydrological Plan is structured in, on the one hand, the Integrated Memory with two Appendices and three Anejos, where the general description of the Demarcation is developed and, on the other hand, the Common Regulation, which with its eleven Annexes, includes the determinations of normative content of the Hydrological Plan and which is an inseparable part of this royal decree. Without this being binding, the content of the Plan provided for in the Report and its annexes, in particular to the programme of measures, is not made binding, since in accordance with Article 40.4 of the recast of the Water Law, the hydrological plans are public and binding.

Effectively, the Programme of Measures is a binding and binding instrument, from which its main mandates of a normative nature have been extracted for the purpose of moving them to the royal decree, so the basic principles of such a program, is structurally included in the aforementioned "Normative", but does not therefore cease to have the rest of the Program of Measures character of mandatory compliance.

The publicity of the Hydrological Plan, taking into account the extent of each of the parts in which it is structured, materializes, as it appears in the fourth provision of the present royal decree, through: the formal publication of the normative content of the Plan and its Appendices, together with the royal decree of approval, in the "Official State Gazette"; and the publication of the Memory and its Annexes on the website of the Hydrographic Confederation of the Cantabrian and the Basque Water Agency: www.chcantabrico.es and www.uragentzia.net respectively.

The royal decree consists of two articles, six additional provisions, a transitional provision, a derogation provision and two final provisions. It also incorporates the Hydrological Plan Regulations as an Annex.

The new Regulation, which is adopted, consists of 87 articles, structured in nine dedicated chapters: the territorial area and the definition of water bodies (Chapter 1), the environmental objectives (Chapter 2), the Ecological flows (Chapter 3), priority and compatibility of uses (Chapter 4), allocation and reserve of resources (Chapter 5), use of the Public Water Domain (Chapter 6), protection of the Public and Water Domain quality of water (Chapter 7), organisational structures for the management of the services of the water; cost recovery; economic and financial regime; guidelines for demand management plans; promotion of transparency and public awareness (Chapter 8) and monitoring and review of the Hydrological Plan (Chapter 9).

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 7 June 2013,

DISPONGO:

Article 1. Approval of the Hydrological Plan of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation.

1. According to the provisions of Article 40.5 of the recast text of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20, the Hydrological Plan of the Spanish part of the River Basin District of the Cantabrian is approved. Eastern.

2. The structure of the Hydrological Plan of the Spanish part of the Eastern Cantabrian River Basin in accordance with Article 81 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July, is the next:

a) A memory with two Appendices and three Annexes. The Appendices are: I Processing of the hydrological planning of the Spanish part of the Hydrographic Demarcation of the Eastern Cantabrian in the field of the competences of the State and II Processing of the hydrological planning of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation in the field of the competencies of the Autonomous Community of the Basque Country. The Anejos are: 1 Memory of the Hydrological Plan of the Spanish part of the Hydrographic Demarcation of the Eastern Cantabrian in the field of the competences of the State, accompanied by its 11 years, 2 Memory of the Hydrological Plan of the Spanish part of the The Eastern Cantabrian Hydrographic Demarcation in the field of the competencies of the Autonomous Community of the Basque Country, accompanied by its 11 years and 3 Integrated Measures Program.

(b) A common plan of the plan which is inserted as an annex to this royal decree accompanying eleven of the following titles: masses of surface water (annex 1); bodies of groundwater (annex 2); reference and limits of water bodies (Annex 3); environmental quality standards and threshold values for groundwater bodies (Annex 4); artificial or highly modified water bodies (Annex 5); protected zone registration (Annex 6); Environmental protection of the water bodies (Annex 7); ecological flow rates (Annex 8); technical criteria for the preparation of hydraulic studies (Annex 9); guides to good practice on recreational uses (Annex 10) and municipalities on the basis of related commercial-industrial activity (Annex 11).

3. The territorial scope of the Demarcation Hydrological Plan is defined in Article 3.2 of Royal Decree 125/2007 of 2 February, setting out the territorial scope of the river basin districts.

Article 2. Conditions for the realization of hydraulic infrastructures promoted by the General Administration of the State.

The hydraulic infrastructures promoted by the General Administration of the State and provided for in the Hydrological Plan of the Spanish part of the Eastern Cantabrian Basin District, will be submitted, prior to their The General Administration of the State will carry out an analysis of its technical, economic and environmental feasibility. In any case, their construction will be subject to the existing rules on environmental impact assessment, budgetary availability and the corresponding sectoral plans, where their specific rules so provide.

Additional disposition first. Adaptation and consolidation of metrics and thresholds for the assessment of the status of water bodies.

By Order of the Minister of Agriculture, Food and Environment on a proposal from the President of the Hydrographic Confederation of Cantabrian and the Director General of the Basque Water Agency, prior to the favourable report of the Council of Water of the Demarcation and of the Assembly of Users of the Agency, it will be possible to incorporate, adapt and consolidate the metrics, conditions of reference and thresholds necessary to evaluate the state of the masses, according to the new ones provisions or new scientific and technical developments, national and Community, which will be produce in the identification and use of these parameters.

It is considered that there is no deterioration of the water masses in case it is the result of the incorporation of new parameters that offer a more precise determination of their state. In order to verify the evolution of the state of the water masses, in the successive revisions of the Hydrological Plan will be detailed together with the most updated assessment, the collection initially in this Plan.

Additional provision second. Program of measures.

Within the programme of measures provided for in the memory and developed in Annex 3, which forms part of this Hydrological Plan, those actions that have an impact on the budget will be prioritised, depending on the available budgetary resources. water bodies having a worse status or potential than "good", in order to achieve the proposed environmental objectives and to achieve good or potential status within the time limits. In addition, measures that are more sustainable both from an environmental and an economic point of view will be encouraged within these actions. This shall be without prejudice to the obligation to comply with the parts of the programme of measures which have been incorporated in the Regulation referred to in Article 1.2.b), of which the wording of the programme is binding.

Additional provision third. Cross-border water bodies.

All references to the water bodies that this Hydrological Plan carries out are limited from a normative point of view to the Spanish part of the River Basin District of the Eastern Cantabrian. Consequently, the transboundary water bodies of the Hydrographic Demarcation referred to in the Plan, as well as their typologies, reference conditions and environmental objectives, may be modified according to the the results of the cooperation work with France, in particular in the framework of the Agreement on Water Management in Toulouse on 15 February 2006. The conditions for making these modifications shall be as described in the additional provision first.

Additional provision fourth. Advertising.

Given the public nature of the hydrological plans, in accordance with the provisions of Article 40.4 of the recast of the Water Law, any person may consult the contents of the Hydrological Plan at the headquarters of the Confederation Hydrographic of the Cantabrian and in the offices of the Basque Water Agency. This information will also be available on the website of the above administrations (www.chcantabrico.es and www.uragentzia.net respectively).

You may also obtain copies or certificates of the ends of the same in accordance with the provisions of Article 37 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Procedure Common Administrative, and access to its content in the terms provided for in Law 27/2006, of July 18, which regulates the rights of access to information, public participation and access to justice in the field of the environment.

Additional provision fifth. Economic regime.

From the application of this royal decree, in the field of the General Administration of the State, no increase in personnel expenditure can be derived. The new human resource needs that may arise as a result of the regulatory obligations set out in this royal decree must be met by reordering or redistributing the personnel.

Additional provision sixth. Update and review of the Hydrological Plan of the Spanish part of the Eastern Cantabrian Demarcation.

In accordance with paragraph 6 of the 11th additional provision of the recast text of the Water Act, this Plan shall be reviewed by 31 December 2015.

Single transient arrangement. Minimum ecological and maximum avenues of avenues.

1. For concessions in force prior to the entry into force of this Plan, and until the process of concertation as provided for in Article 18 of the Hydrological Planning Regulation is developed and the regime of Ecological flows to their operators shall apply the minimum environmental flows of the Northern III Hydrological Plan, approved by Article 1.1.a) .3 of Royal Decree 1664/1998 of 24 July 1998.

2. In the elaboration of the flood mapping, the avenue flows established in the Northern III Hydrological Plan shall be adopted, while the flow rates are not updated and validated by the Hydraulic Administration.

Single repeal provision. Repeal of the Northern Basin Hydrological Plan III.

The Northern Hydrological Plan III is repealed, consequently:

(a) Article 1 (1) (a) (3) 'Northern Hydrological Plan III' of Royal Decree 1664/1998 of 24 July 1998 approving the river basin management plans.

(b) Annex III "Northern Hydrological Plan III" of the Order of 13 August 1999 for the publication of the determinations of the normative content of the hydrological plans of the Northern Basin I, North II and North III, approved by the Royal Decree 1664/1998 of 24 July 1998.

Final disposition first. Competence title.

This royal decree has the character of bases and coordination of economic activity in accordance with the provisions of Article 149.1.13. of the Constitution, as regards the part of the Hydrological Plan that affects the Article 149.1.22, which gives the State jurisdiction over legislation, the management and the granting of resources and the use of water resources in the field of the internal market. water flows through more than one autonomous community, in relation to the part of the Hydrological Plan it concerns the competence of the General Administration of the State, concerning inter-Community basins.

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 June 7, 2013.

JOHN CARLOS R.

The Minister of Agriculture, Food and the Environment,

MIGUEL ARIAS CANETE

NORMATIVE CONTENT OF THE HYDROLOGICAL PLAN OF THE SPANISH PART OF THE HYDROGRAPHIC DEMARCATION OF THE EASTERN CANTABRIAN AND ANEJOS

INDEX

CHAPTER 1. TERRITORIAL SCOPE, COMPETENT AUTHORITIES, DEFINITION OF WATER BODIES AND REGISTER OF PROTECTED AREAS.

Article 1. Territorial scope and time horizons.

Article 2. Competent authorities.

Article 3. Identification and delimitation of surface water masses.

Article 4. Identification and delimitation of groundwater bodies.

Article 5. Reference conditions and limits between state classes.

Article 6. Chemical status indicators of groundwater bodies.

Article 7. Masses of artificial or highly modified water.

Article 8. Protected Zone Registration.

CHAPTER 2. ENVIRONMENTAL OBJECTIVES.

Article 9. Environmental objectives.

Article 10. Temporary deterioration of the state of the water masses.

Article 11. Conditions for new modifications or alterations.

CHAPTER 3. ECOLOGICAL FLOW RATE REGIME.

Article 12. General questions on the ecological flow rate regime.

Article 13. Minimum ecological flow rates.

Article 14. Ecological maximum flows.

Article 15. Process for the implementation of the ecological flow rate regime.

CHAPTER 4. PRIORITY AND COMPATIBILITY OF USES.

Article 16. Uses of water.

Article 17. Order of preference for uses.

CHAPTER 5. RESOURCE ALLOCATION AND RESERVE.

Article 18. Definition of operating systems.

Article 19. Resource allocation on the Barbadun system.

Article 20. Resource allocation on the Nervion system.

Article 21. Resource allocation on the Butroe system.

Article 22. Resource allocation on the Oka system.

Article 23. Resource allocation on the Lea system.

Article 24. Resource allocation in the Artibai system.

Article 25. Resource allocation on the Deba system.

Article 26. Resource allocation on the Urola system.

Article 27. Resource allocation in the Oria system.

Article 28. Resource allocation on the Urumea system.

Article 29. Resource allocation on the Oiartzun system.

Article 30. Resource allocation on the Bidasoa system.

Article 31. Allocation of resources in the Pyrenean rivers system.

CHAPTER 6. USE OF THE HYDRAULIC PUBLIC DOMAIN.

SECTION 1. Proprietary uses.

Article 32. Distances between groundwater and spring water fetches.

Article 33. Installing measurement devices.

SECTION 2. Authorizations and Concessions.

Article 34. General rules on concessions.

Article 35. Water supply for urban supply.

Article 36. Water envelopes for livestock uses.

Article 37. Water envelopes for irrigation.

Article 38. Water envelopes for industrial uses.

Article 39. Water envelopes for irrigation of golf courses, landscaped surfaces and filling of pools.

Article 40. Concessions for irrigation.

Article 41. Allocations for aquaculture and others.

Article 42. Limitations to concessional time limits.

Article 43. Extinction of concessions.

Article 44. Minimum conditions for concessions for use by dams or azudes.

Article 45. Modification and revision of concessional flows.

Article 46. Use of groundwater. Condition to previous use and protection of the ecological flow rate regime.

Article 47. Minimum distances between groundwater fetches.

Article 48. Sealing of groundwater fetches.

Article 49. Protection against salinisation of coastal aquifers and general protection regime.

Article 50. Other principles for the protection of the groundwater masses.

Article 51. Surveys for geothermal tapping.

CHAPTER 7. PROTECTION OF THE PUBLIC HYDRAULIC DOMAIN AND LAND-BASED MARITIME PUBLIC DOMAIN AND WATER QUALITY.

SECTION 1. General rules.

Article 52. Maximum flow rates and determination of flood zones.

Article 53. Limitations to uses in the flood police zone.

Article 54. Flood protection measures.

Article 55. Specific rules for the design of bridges, hedges, structural measures of defence and modification of the route of channels.

Article 56. Drainage in the new areas to be urbanized and the roads.

SECTION 2. Rules for the granting of authorizations in the area of transit and servitude of protection of the terrestrial maritime public domain.

Article 57. Performances in the protection easement zone.

Article 58. Performances in the transit easement zone.

Article 59. Reports on urban and territorial planning.

SECTION 3. Protected zones.

Article 60. General criteria.

Article 61. Water masses for supply.

Article 62. Designated areas for the protection of habitat or species related to the aquatic environment.

Article 63. Mineral and thermal water protection perimeters.

Article 64. River natural reserves.

Article 65. Wet areas.

Article 66. Special protection zones.

SECTION 4. Discharges.

Article 67. Discharge authorizations.

Article 68. Discharges from urban areas.

Article 69. Discharges from industrial areas.

Article 70. General sanitation systems and urban wastewater treatment plants.

Article 71. Discharges from solid waste facilities.

Article 72. Reports on urban and territorial planning.

Article 73. Applying additional measures.

Article 74. Minimum flow rate and spill to bed.

SECTION 5. Reuse of clean water.

Article 75. Reuse of waste water.

CHAPTER 8. ORGANIZATIONAL STRUCTURES FOR THE MANAGEMENT OF WATER WASTE. COST RECOVERY. ECONOMIC AND FINANCIAL SYSTEM. GUIDELINES FOR DEMAND MANAGEMENT PLANS. PROMOTION OF TRANSPARENCY. CITIZEN AWARENESS AND PARTICIPATION.

Article 76. Guiding principles and measures to promote the management of water services.

Article 77. Costs of water services.

Article 78. Guidelines for the recovery of water service costs.

Article 79. Demand management plans. Guidelines for their preparation.

Article 80. Guidelines for the promotion of transparency and public awareness.

Article 81. Procedure for making public participation effective.

Article 82. Financing of the programme of measures.

CHAPTER 9. MONITORING AND REVIEW OF THE HYDROLOGICAL PLAN.

Article 83. Monitoring of the Hydrological Plan.

Article 84. Review of the Hydrological Plan.

Article 85. Review of the Special Drought Plan.

Article 86. Review of the flood risk management plan.

Article 87. Protected areas designated after the Hydrological Plan.

ANEJOS

Annex 1.1. Surface water masses. River category. +

Annex 1.2. Surface water masses. Lake Category

Annex 1.3. Surface water masses. Transition waters category.

Annex 1.4. Surface water masses. Category of coastal waters.

Annex 2. Underground water masses.

Annex 3.1. Reference conditions and limits between state classes in the water bodies of the river category.

Annex 3.2. Reference conditions and limits between classes of state in the very modified and artificial water masses that are similar to lakes.

Annex 3.3. Limits between state classes of non-variable physical-chemical parameters by typology, in the river-category water masses.

Annex 3.4. Reference conditions and limits between state classes in the water bodies of natural lakes.

Annex 3.5. Reference conditions and limits between state classes in transition-category water masses.

Annex 3.6. Reference conditions and limits between status classes in coastal water bodies.

Annex 4. Environmental quality standards and threshold values for groundwater bodies.

Annex 5.1. Very modified water bodies.

Annex 5.2. Water masses artificial lake.

Annex 5.3. Very modified transition water masses.

Annex 6.1. Surface water masses for urban supply collected in the Protected Area Registry.

Annex 6.2. Groundwater bodies for urban supply collected in the Protected Area Register.

Annex 6.3. Water bodies with future water captions for urban supply.

Annex 6.4. Areas for the protection of economically significant aquatic species included in the Protected Area Registry. Areas of protection of fish.

Annex 6.5. Areas for the protection of economically significant aquatic species included in the Protected Area Registry. Protection zones for molluscs and other invertebrates.

Annex 6.6. Water bodies for recreational use included in the Register of Protected Areas. Bathing areas of transitional and coastal waters.

Annex 6.7. Sensitive zones included in the Protected Zone Registry.

Annex 6.8. Habitat protection zones or species included in the Protected Area Registry.

Annex 6.9. Mineral and thermal water protection perimeters included in the Protected Area Registry.

Annex 6.10. Natural river reserves included in the Protected Area Registry.

Annex 6.11. Wetlands included in the National Wetlands Inventory or Ramsar Convention.

Annex 6.12. Special protection areas included in the Register of Protected Areas. Tranches of natural and environmental interest.

Annex 6.13. Special protection areas included in the Register of Protected Areas. Wet areas of special protection.

Annex 6.14. Special protection areas included in the Register of Protected Areas. Other figures.

Annex 7.1. Environmental objectives of the natural river water bodies.

Annex 7.2. Environmental objectives of the very modified category water bodies (except reservoirs).

Annex 7.3. Environmental objectives of the very modified water bodies that can be assimilated to lakes (reservoirs).

Annex 7.4. Environmental objectives of the natural lake water bodies.

Annex 7.5. Environmental objectives of the artificial water masses to be assimilated to lakes.

Annex 7.6. Environmental objectives of the water bodies of the natural transition water category.

Annex 7.7. Environmental objectives of the water bodies of the category of transition waters which are highly modified.

Annex 7.8. Environmental objectives of the water bodies of the coastal waters category.

Annex 7.9. Environmental objectives of the groundwater bodies.

Annex 8.1. Minimum ecological flow rates in the ordinary situation and in the situation of emergency drought declared.

Annex 8.2. Ecological maximum flows.

Annex 9. Technical criteria for the preparation of hydraulic studies.

Annex 10. Guides to good practice on recreational uses.

Annex 11. Municipalities on the basis of the related commercial-industrial activity.

TABLES

Table 1. Maximum permissible amounts in litres per inhabitant per day for urban supply. Generic method.

Table 2. Maximum gross doings for domestic use. Particulate method.

Table 3. Average allocations for seasonal population.

Table 4. Water envelopes for livestock farming.

Table 5. Water envelopes for irrigation (m3/ha and year).

Table 6. Water envelopes for the industry.

Table 7. Water envelopes for power stations.

Table 8. Guards for bridge design.

REGULATIONS

CHAPTER 1

Territorial scope, competent authorities, definition of water bodies and protected zone registration

Article 1. Territorial scope and time horizons.

1. The territorial scope of the Water Plan of the Spanish part of the Eastern Cantabrian River Basin District is defined by Article 3.2 of the Royal Decree 125/2007 of 2 February, setting out the territorial scope of the Hydrographic demarcations.

2. The time horizons, in accordance with the additional provision of the 11th paragraph 6 of the recast of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, and the Regulation of the Hydrological Planning, approved by Royal Decree 907/2007, of 6 July, are: 2015 (first horizon), 2021 (second horizon) and 2027 (third horizon).

Article 2. Competent authorities.

The competent authorities designated in the Hydrographic Plan of the Spanish part of the Eastern Cantabrian Demarcation are listed in Chapter 12 of the Plan Memory.

Article 3. Identification and delimitation of surface water masses.

1. We define 138 masses of surface water: 117 are of the category river of which 9 are assimilated to reservoir, 3 of the category lake, 14 of the category transition waters and 4 of the category coastal waters. All of these water bodies are related in Annex 1.

2. Of the water bodies of the category river: 6 are of the main river axis cantabro-Atlantic calcareous; 23 are of the type small axis cantabro-Atlantic calcareous; 40 are of the type vasco-pirenaicos; 30 are of the type rivers Calcareous Atlantic-Atlantic regions; 9 are of the coastal-Atlantic coastal type; 1 of the rivers equivalent to reservoir is of the monomictic type, siliceous of humid zones, with an average annual temperature of less than 15ºC, belonging to rivers of heading and sections high; 1 of the rivers which are equivalent to reservoir is of the monomictic type, calcareous of humid zones, belonging to rivers of the main network and 7 of the rivers equivalent to reservoir are of the monomictic type, calcareous of humid zones, with average annual temperature of less than 15ºC, belonging to rivers of heading and high stretches.

3. The masses of the lake category are divided into: 1 of the kind of diaciric lagoons of mixed semi-permanent mixed contribution; 1 of the monomictic type, calcareous of humid zones, with an average annual temperature of less than 15 ° C, belonging to rivers of heading and high tranches; and 1 of the monomictic type, siliceous of wet areas, with an annual average temperature of less than 15ºC, belonging to headwaters and high tranches.

4. Of the water bodies of the category water transition: 2 are of the intertidal Atlantic estuary type with river dominance over the estuary, 8 are of the intertidal Atlantic estuary type with marine dominance and 4 are of the Atlantic estuary type subtidal.

5. The 4 coastal water bodies are of the Atlantic coastal waters of the Eastern Cantabrian exposed without outcropping.

Article 4. Identification and delimitation of groundwater bodies.

28 groundwater bodies are defined, which are listed in Annex 2.

Article 5. Reference conditions and limits between state classes.

The reference conditions for the different categories and types of surface water masses as well as the limits between the very good state with the good and the good with the moderate, are defined in the tables that collect Annex 3.

Article 6. Chemical status indicators of groundwater bodies.

The threshold values adopted in this Hydrological Plan for the pollutants to be used for the chemical status of the groundwater bodies have been calculated in accordance with the Royal Decree 1514/2009 of 2 October, which regulates the protection of groundwater against pollution and deterioration. According to the aforementioned Royal Decree, threshold values for substances such as ammonium, mercury, lead, cadmium, arsenic, trichloroethylene and tetrachloroethylene have been defined in each of the water bodies. The threshold values for the abovementioned substances and the environmental quality standards for nitrates and pesticides are set out in Annex 4

Article 7. Masses of artificial or highly modified water.

35 heavily modified water bodies are designated: 31 of the river category, of which 9 are equivalent to reservoir, and 4 of the category transition waters. In addition, 2 artificial water bodies are designated as lakes. All of them are related in Annex 5.

Article 8. Protected Zone Registration.

The Protected Area Registry includes those areas related to the aquatic environment that are subject to protection under Community law and other regulations. The categories of the Protected Area Registry, in accordance with Article 24 of the Hydrological Planning Regulation, are as follows:

(a) Water handles for urban supply that provide an average volume of at least 10 cubic metres per day or supply more than 50 people. The water bodies 6.1 and 6.2, respectively, contain the surface water and groundwater bodies for urban supply, collected in the Protected Areas Register. In the area of the Autonomous Community of the Basque Country and in order to comply with the provisions of article 32 of the Law of 23 June, of Water of this Autonomous Community along the first horizon of the Plan will be included The captions that supply more than 10 inhabitants, for inclusion in the first review of the person.

(b) Future water catchment areas for urban supply that meet the minimum volume condition or minimum number of persons provided for in paragraph (a). The masses belonging to this category are shown in Annex 6.3.

(c) Declared areas for the protection of significant aquatic species from an economic point of view:

-Regulation of the Public Administration of Water and Hydrological Planning, under the development of Titles II and III of the Water Law, approved by Royal Decree 927/1988 of July 29, which transposes the Directive 78 /659/EEC of 18 July concerning the quality of inland waters which require protection or improvement to be suitable for the life of fish. Zones included in Annex 6.4.

-Royal Decree 345/1993 of 5 March 1993 laying down standards for the quality of water and the production of molluscs and other live marine invertebrates. Zones included in Annex 6.5.

(d) Water pots declared for recreational use, including areas declared bathing water in accordance with Royal Decree 1341/2007 of 11 October 2007 on the management of bathing water quality. Annex 6.6 lists the bathing areas declared in transitional and coastal waters. Annex 10 contains guides to good practice on recreational uses.

(e) Areas declared vulnerable under the rules on the protection of waters against pollution caused by nitrates from agricultural sources: Royal Decree 261/1996 of 16 February 1996 on the protection of waters against pollution caused by nitrates from agricultural sources. There is no area of this category in the Eastern Cantabrian Demarcation.

f) Areas declared to be sensitive in application of the rules on urban waste water treatment: Royal Decree-Law 11/1995 of 28 December laying down the rules for the treatment of water urban waste. The zones in this category are listed in Annex 6.7.

g) declared habitat protection zones or species in which the maintenance or improvement of the state of the water is an important factor for its protection: Places of Community Importance (SCI), Special Protection Areas for Birds (ZEPA) and Areas of Special Conservation (ZEC), included in the Protected Natural Spaces Network Natura 2000, designated in the framework of Law 42/2007, of December 13, of Natural Heritage and Biodiversity. The spaces for this section are included in the annex 6.8.

h) Perimeters of protection of mineral and thermal waters approved in accordance with their specific legislation. The approved perimeters are listed in Annex 6.9.

i) Inland natural reserves declared by their very good ecological status and their zero or little human intervention. The Identified River Natural Reserves are listed in Annex 6.10.

j) Wetlands selected for being proposed for inclusion in the Spanish Inventory of Wetlands according to Royal Decree 435/2004, of March 12 or to be included in the List of the Ramsar Convention. The ratio of Wetlands included in the Protected Areas Register is set out in Annex 6.11.

k) Special Protection Zones: within this category the following typologies are distinguished.

-River flows of natural or environmental interest, understanding as such those especially singular stretches that require special protection. These sections are related in Annex 6.12.

-Special protection wetlands: correspond to a number of wetlands not included in the category of Wetlands incorporated in the Spanish Inventory of Wetlands or included in the List of the Ramsar Convention, but which have been selected for protection. They are listed in Annex 6.13.

-Other protection figures: Annex 6.14 includes other figures not covered by any of the above mentioned paragraphs but which have been selected for appropriate protection.

CHAPTER 2

Environmental goals

Article 9. Environmental objectives.

1. Annex 7 sets out the environmental objectives for each of the water bodies identified in the scope of the Plan and the deadlines for their achievement. This Plan does not provide for the establishment of less stringent environmental objectives.

2. The environmental objectives for the areas of the Protected Areas Register are additional objectives for the general water bodies with which they are related and refer to the objectives laid down in the legislation through the which were declared to be such areas and to which they lay down the instruments for their protection, management and management.

Article 10. Temporary deterioration of the state of the water masses.

In a situation of temporary deterioration of the condition of one or more bodies of water, the conditions under which circumstances may be declared as rationally unforeseen or exceptional, in accordance with Article 38 of the Regulation of the Hydrological Planning, are the following:

(a) Serious floods shall mean those of average probability in accordance with Article 8 (1) (b) of Royal Decree 903/2010 of 9 July 2010 on the Assessment and Management of Flood Risks. Floods with a higher probability may be considered as serious flooding in circumstances where the impacts of these floods are equally exceptional.

(b) Prolonged droughts shall be understood as those corresponding to the state of emergency declared in accordance with the Special Plan of Action in the Event of Alert and Eventual Drought applicable.

(c) accidents which have not been reasonably foreseen, including occasional accidental discharges, failures in waste storage systems and industrial products, accidental breakages of any of the following, shall be considered as accidents. water and sanitation infrastructure, fires in industries and accidents in transport. Circumstances arising from forest fires shall also be considered.

d) Other extreme natural phenomena such as earthquakes, tidal waves, tornadoes, avalanches, etc.

The conditions for situations of temporary deterioration shall be met as set out in Article 38 of the Hydrological Planning Regulation.

Article 11. Conditions for new modifications or alterations.

If during the period of validity of this Plan a deterioration of the status of one or more bodies of water occurs as a result of a new modification or alteration, the provisions of Article 39 of the Regulation of Hydrological Planning.

CHAPTER 3

Ecological Flow Rates

Article 12. General questions on the ecological flow rate regime.

1. In accordance with Article 59.7 of the recast of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, ecological flows or environmental demands will not have the character of use for the purposes of this legislation. Article 6 (1) of Regulation (EC) No 1366/2004

the European Union and of the European Union and of the European Union and of the European Union (OJ) No 1, p.

2. All concessions granted after the entry into force of this Hydrological Plan must comply with the ecological flow system established therein. It shall also apply to existing concessions which include this provision in its clause, without prejudice to the provisions of Article 15.

3. The precepts included in this chapter as well as Annex 8 contain the minimum ecological flows, the ecological maximum flows and their respective temporary distributions. The remaining components of the ecological flow rate regime shall be considered during the period of validity of the Hydrological Plan and shall be determined before 31 December 2015.

Article 13. Minimum ecological flow rates.

1. For the water bodies of the river and transition category, the ecological minimum flow rates set out in Annex 8.1 are fixed for both the ordinary hydrological situation and the drought emergency situation declared in accordance with the provisions of the provided in the Special Plan of Action in Situations of Alert and Eventual Drought applicable.

2. In those cases where there are viable technical solutions to meet the requirements without affecting the minimum ecological flows established for the ordinary hydrological situation, the system of minimum ecological flows shall not apply. defined for the declared drought emergency situation.

3. The minimum ecological flow rates quoted at the first point correspond to the downstream end of the surface water mass or the section considered.

4. The determination of ecological minimum flows in the channels, in points not matched with those of Annex 8.1, shall follow the following rules:

(a) In order to calculate the minimum ecological flow rate at a location between two points for which the minimum ecological flow rates are available, the difference in the area of the catchment area shall be applied according to the formula Below:

Imagen: img/disp/2013/137/06078_001.png

Where:

Q1: Ecological minimum flow at the upstream point. In those cases where there is upstream more than one point with an ecological minimum flow rate defined in Annex 8.1, the highest flow rate shall be taken as Q1.

Q2: Ecological minimum flow at the downstream point.

Qx: Ecological minimum flow at the point you want to estimate.

A1: Watershed surface at the upstream point.

A2: Watershed surface at the downstream point.

Ax: Watershed surface area at the point that you want to estimate.

(b) In cases where the value of the minimum flow rate regime is to be extrapolated, i.e. in the case of a heading in which it is necessary to estimate a system upstream of the first point with the designation of minimum flow rates, the formula to be used shall be:

Imagen: img/disp/2013/137/06078_002.png

Where:

Q1: Ecological minimum flow at the downstream point.

Qx: Ecological minimum flow at the point you want to estimate.

A1: Watershed surface at the downstream point.

Ax: Watershed surface at the point that you want to estimate

(c) In the sections of the bed which, due to their reduced size, have not been designated as bodies of water and which are not connected with any mass of water in the river category, in particular small channels which discharge into the sea or into the Transitional waters, the calculation of the minimum ecological flow rate shall be carried out by considering a value of 2,0 l/s per km2 of the vertient basin, unless another value is adequately justified.

(d) In springs or in places where the surface waters of the channels may be partially or wholly subbed on the ground, in which the competent administration so determines in the light of the foreseeable The ecological minimum flow rate shall be defined by specific studies, and the procedure described in the preceding paragraphs shall not apply. The above mentioned specific studies shall define the minimum ecological flow rates in the entire course of the channel which the same study determines as being affected.

5. Ecological minima shall not be required in excess of the existing natural system at any time. When the flow flow through the channel is lower than the established minimum ecological flow rate, no water derivations may be carried out, without prejudice to the exceptions contained in this Hydrological Plan.

6. In situations of ordinary drought, concessions for supply to populations, in accordance with Article 59.7 of the recast of the Water Act, will have supremacy over the regime of ecological minimum flows when, prior to assessment by the Hydraulic Administration, there is no viable supply alternative that would allow for proper care and if the following conditions are met:

a) That no more than 75% of the circulating flow is extracted for the supply.

b) That appropriate measures be taken for the reduction of water used for the duration of the situation of circulating flow rates below the minimum ecological flow rates.

(c) That the measures taken and the results obtained are the subject of a report to be drawn up by the entity benefiting from the concession, which must be submitted to the Hydraulic Administration within a period of not more than 1 month from the date of start of the situation.

(d) In any event, and no later than 6 months after the end of the period in which the minimum ecological flows have been affected, the entity receiving the supply of supply shall deliver to the Administration Hydraulics a Plan of Action aimed at reducing the probability of occurrence of these episodes, and identifying, as appropriate, measures aimed at saving consumption, measures to improve efficiency in the supply network, as well as alternative sources of resources, together with the system of monitoring and monitoring of " The Hydraulic Administration will follow up the implementation of the said Action Plan, and when it considers it insufficient or inadequate, the application of the supremacy of the catchment may be suspended.

Article 14. Ecological maximum flows.

In Annex 8.2, the ecological maximum flow rates for some water bodies of the river category with important regulatory structures are set.

Article 15. Process for the implementation of the ecological flow rate regime.

1. The system of ecological flows shall apply to the concessions in force since the notification of their holders.

2. Prior to the notification of the system of ecological flows to the holders, as referred to in the previous paragraph, a process of consultation shall be carried out in accordance with Article 18.3 of the Hydrological Planning Regulation, which must have been completed by 31 December 2015, without prejudice to its implementation prior to that date in the terms set out in the following paragraphs. Until the notification is made, the minimum environmental flows of the Northern III Hydrological Plan, approved by Article 1 (1) (a) of Royal Decree 1664/1998 of 24 July 1998, shall apply in accordance with the transitional provision. only of the present royal decree.

3. Priority will be given to the process of concertation and the consequent notification in relation to those benefits that may have a higher impact on compliance with the environmental objectives established for the water bodies and the zones. protected.

4. In the process of concertation, the requirements of the implementation plan shall be laid down and, where appropriate, the maximum period for the completion of the necessary adjustment works.

5. Changes which may be made to the system of ecological flows resulting from the conciliation procedure, pursuant to Article 13.4.d) or due to improvements in the system of ecological flows validated by the Hydraulic Management shall be applicable in accordance with the terms set out in paragraph 1. It will also be included in the next review cycle of the Plan, except that the Water Council of the Demarcation and the Assembly of Users, in their respective fields of competence, appreciate the need to do so before compliance with Article 87 (1) of the Hydrological Planning Regulation.

CHAPTER 4

Use priority and compatibility

Article 16. Uses of water.

For the purposes of Article 12 of the Hydrological Planning Regulation, the following uses of water are considered:

1 Usage Classification:

a) Population supply:

1.) Supply to urban cores:

i) Human consumption.

ii) Other domestic uses other than human consumption.

iii) Municipal.

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

2. º) Other supplies outside the urban core.

b) Agricultural uses:

1. º) Regadio.

2. º) Livestock.

c) Industrial uses for the production of electrical energy:

1.) Renewable thermal power plants: thermosolar and biomass.

2. °) Non-renewable thermal power plants: coal and combined cycle.

3. º) hydroelectric power stations.

(d) Other industrial uses not included in the above paragraphs:

1.) Industries producing consumer goods.

2.) Industries of leisure and tourism.

3. º) Extractives industries.

4. °) Driving force production.

e) Aquaculture.

f) Recreational uses.

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

h) Other uses:

1. º) Public in character.

2. º) Private character.

1. It is understood by human consumption that it is related to drinking, cooking, preparing food and personal hygiene.

2. 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, water parks, complexes sports and assimilables), picaderies, crèches, canines and similar, as well as those that aim to maintain or rehabilitate cultural industrial installations: frwaters, fountains, sawmills, washing machines, machines and other type, which cannot be addressed by urban supply networks.

3. Recreational uses are included which are not included in the previous paragraph, have a private or collective recreational character without industrial or commercial activity, and in particular the following:

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

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

5. The uses referred to in paragraph 1 (h) shall comprise all those which are not in any of the preceding categories interpreted in a broad sense. These uses may also not be intended for the performance of environmental protection actions which as such have priority status after supply.

Article 17. Order of preference for uses.

1. The following order of preference is established between the different uses of water, taking into account the requirements for the protection and conservation of the resource and its environment:

1. Population Supply.

2. Livestock.

3. Industrial uses excluding the uses of the leisure and tourism industries.

4. Regadio.

5. Aquaculture.

6. Recreational Uses and uses of the leisure and tourism industries.

7. Navigation and water transport.

8. Other uses.

2. The order of priority shall not affect the resources specifically allocated by this Plan in the following chapter or the resources in the reservoirs for the lamination of avenues.

3. In the case of concurrency applications for uses with the same order of preference the Hydraulic Administration will give preference to more sustainable applications.

4. In the supply of population, preference will be given to requests relating to communities, consortia or integrated systems of municipalities, as well as initiatives to replace water with quality problems for other suitable quality.

CHAPTER 5

Resource allocation and reserve

Article 18. Definition of operating systems.

1. In accordance with Article 19 of the Hydrological Planning Regulation, the following resource exploitation systems are adopted:

a) Barbadun System.

b) Nervion System.

c) Butroe System.

d) Oka System.

e) Read System.

f) Artibai System.

g) The Deba System.

h) Urola System.

i) Oria System.

j) Urumea System.

k) Oiartzun System.

l) Bidasoa system.

m) Pyrenean river system.

2. The scope of the resource exploitation systems is the one defined below:

a) Barbadun operating system: comprises the whole of the Barbadun river basin and its estuary, including the river basins of the Tresmoral, Picon or Kotorrio, Galdames and Bezí rivers and the underground water mass.

b) Nervión operating system: includes the river basins Nervión, Cadagua, Ibaizabal, Altube, Zeberio, Ordunte, Asua, Galindo, Gobelas and the estuary of the Nerbii-Ibaizabal. It also includes Altube's complex lizard.

c) Butroe operating system: comprises the whole of the Bütroe river basin and its estuary, including the basins of the river Oleta, Arretabarri, Atxispe, Zuzentze, Maruri and Larrauri. It also includes the annexed basins of the Andrakas, Estepona, Bakio and Inferno rivers and the underground water bodies Getxo-Bergara, Etxano and Jata-Sollube.

(d) Oka operating system: comprises the entire river basin of the Oka river and its estuary, including the river basins of the Mape, Muxika, Kanpantxu, Golako and Oma rivers. It also includes the entire basins of the Artigas and Laga rivers and the underground water bodies Etxano, Oiz, Arrola-Murumendi, Gernika, Erenozar, Getxo-Bergara and Jata-Sollube.

e) A system of exploitation: it includes the entire river basin of the river Lea and its estuary, including the basins of the Oiz and Arbina rivers. It also includes the annexed basin of the river Ea and the underground water bodies Getxo-Bergara, Arrola-Murumendi and Erenozar.

f) Artibai operating system: comprises the entire area of the Artibai River and its estuary, including the river basins of the Bolivian rivers, Urko and Amailoa. It also includes the underground water bodies Getxo-Bergara, Arrola-Murumendi, Erenozar and Izarritz.

g) Deba operating system: comprises the entire river basin of the Deba river and its estuary, including the river basins Ego, Aramaio, Oinati, Urkulu, Arantzazu, ubera, Angizar, Lastur, Kilimoi, San Lorenzo and Antzuola. It also includes the annexed basins of the Saturraran and Mijoa rivers and the underground water bodies Aizkorri, Arrola-Murumendi, Etxano, Balmaseda-Elorrio, Aramotz, Arrasate, Altube-Urkilla, Aranzazu, Getxo-Bergara, Izarritz and Zumaia-Irun.

(h) Urola operating system: comprises the entire river basin of the Urola river and its estuary, including the river basins of Ibaieder, Altzolaratz, Barrendiola, Urtatza, Katuín, Sastarrin, Larraondo and Otaola. It also includes the underground water bodies Arama, Arrola-Murumendi, Gatzume, Tolosa, arrasate, Aranzazu, Getxo-Bergara, Izarritz and Zumaia-Irun.

i) Oria operating system: comprises the river Oria basin and its estuary, it also includes the entire basins of the rivers Agauntza, Zaldibia, Amezketa, Araxes, Berastegui, Leizaran, Estanda, Asteasu, Santiago and Altxerri. It also includes the annexed Inurritza basin.

j) Urumea operating system: comprises the river basin of the Urumea river, it also comprises the entire basins of the Anarbe, Landarbaso, Ollin and the Urumea estuary as well as the adjacent river basin of the Igara river.

k) Oiartzun operating system: comprises the river basin of the Oiartzun River and its estuary, and its tributaries the rivers Zamora, Sarobe, Karrika and Arditurri. It also includes the underground water bodies Jaizkibel, Zumaia-Irun, Oiartzun, Aiako Arriak and Macizo paleozoico Five Villas.

l) Bidasoa operating system: comprises the river basin of the Bidasoa river, also comprises the entire basins of the rivers Cia, Ezcurra, Ceveria, Latsa and Endara, Jaizubia, Aldabe and the estuary of the Bidasoa.

m) Pirenaal Rivers operating system: includes the headwaters of the rivers Urrizate, Aritzacun (tributaries of the River Nivé in France) and the rivers Arotzarena, Olavidea, Barreta, Alzaguerri and Lapitxuri (river servers) Nibelle). It also covers the basins of the rivers Zubiondo, Immelestegui and Beurreta-Buzanco (servers of the Nivé des Aldudes) and the river Luzaide (server of the Nivé de Arneguy).

Article 19. Resource allocation on the Barbadun system.

It is assigned to Sopuerta 0.24 hm³ /year of the surface and underground resources of the municipalities of Sopuerta and Galdames to meet the demands not satisfied by the supply system Zadorra-Bilbao/Bizkaia.

Article 20. Resource allocation on the Nervion system.

-Rio Cadagua.

1. It is assigned to Valle de mena to meet the demands 0.44 hm3/year of the surface resources (Rio Cadagua) and the resources of the masses of underground water saved and mena-Ordune that it currently uses.

2. It is assigned to Balmaseda to meet the demands 0.59 hm3/year of the surface resources, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Ordunte that supplies Bilbao.

3. Zalla is assigned to meet the demands 0.83 hm3/year of the surface resources, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Ordunte that supplies Bilbao.

4. It is assigned to Guenes to meet the demands 0.60 hm3/year of the surface resources, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Ordunte that supplies Bilbao.

5. It is assigned to Alonsotegi to meet the demands 0.29 hm3/year of the surface resources, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Undurraga from the Zadorra-Arratia transfer, which is supplied by the Bilbao Bizkaia Water Consortium.

6. To the municipalities of Artziniega, Gordexola and Okondo, to meet the demands, 0.61 hm3/year is assigned of the surface resources and the underground resources that they currently use.

7. To meet the agricultural demands, 0.84 hm3/year is allocated from the resources from the Cadagua River.

8. To meet the industrial demands estimated at 3.52 hm3/year the resources from the Cadagua River are allocated.

-Ibaizabal River.

9. It is assigned to Elorrio to meet the demands 0.67 hm3/year of the surface resources, of the resources of the masses of groundwater Balmaseda-Elorrio and Etxano that it currently uses and of the resources of the mass of water supplies the Duranguesado System.

10. It is assigned to Abadino to meet the demands 0.71 hm3/year of the surface resources, of the resources of the masses of groundwater Balmaseda-Elorrio, Etxano and Oiz (Spring Aïa) that it currently uses.

11. It is assigned to Zaldibar to meet the demands 0.23 hm3/year of the surface resources, of the resources of the mass of groundwater Etxano that it currently uses and of the resources of the mass of water Aramotz that supplies the System Duranguesado.

12. It is assigned to Berriz to meet the demands 0.50 hm3/year of the surface resources and the resources of the underground water masses Etxano and Oiz (Sondeo Oizetxebarrieta-A) that it currently uses.

13. It is assigned to Durango to meet the demands 2.40 hm3/year of the surface resources and the resources of the underground water bodies Etxano, Oiz (Manantial Ibarruri, the Gallandas spring and polls Ibarruri, Gallandas and Arria) and Aramotz (Springs and manaria probes) that you currently use.

14. It is assigned to Iurrieta to meet the demands 0.48 hm3/year of the surface resources and the resources of the underground water masses Etxano, Oiz (Manantial Ibarruri, Manantial Gallandas and polls Ibarruri, Gallandas and Arria) and Aramotz (Manaria springs and polls) that you currently use.

15. It is assigned to Amorebieta-Etxano to meet the demands 1.96 hm3/year of the surface resources and the resources of the underground water masses Etxano (Sondeo Etxano-A) and Balmaseda-Elorrio that it currently uses.

16. It is assigned to Igorre to meet the demands 0.44 hm3/year of the surface resources and the resources of the underground water masses Aramotz (Manantial San Cristobal) and Balmaseda-Elorrio that it currently uses.

17. Lemoa is assigned to meet the demands 0.35 hm3/year of the surface resources and the resources of the underground water masses Aramotz (Manantial San Cristobal) and Balmaseda-Elorrio that it currently uses.

18. It is assigned to Galdakao to meet the demands 2.44 hm3/year of the surface resources regulated in the Lekucóló Reservoir, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the regulated resources in the Undurraga Reservoir from the Zadorra-Arratia transfer, which is supplied by the Bilbao Bizkaia Water Consortium.

19. To the municipalities of Atxondo, Garai, Manaria, Izurtza, Larrabetzu, Bedia, Zeanuri, Areatza, Artea, Arantzazu and Dima, to meet the demands, 1.15 hm3/year of the surface resources and the underground resources they use currently.

20. To meet the agricultural demands, 0.01 hm3/year is allocated from the available resources.

21. To meet the industrial demands estimated at 13.80 hm3/year, resources from the Ibaizabal River are allocated.

-Nervion River.

22. Urduna/Orduna is assigned to meet the demands 0.45 hm3/year of the surface resources and resources of the underground water bodies Salvada and Mena-Orduna that it currently uses.

23. Amurrio is assigned to meet the demands 1.40 hm3/year of the surface resources and the resources of the underground water masses Mena-Orduna and Balmaseda-Elorrio that it currently uses and of the resources regulated in the reservoir Marono.

24. It is assigned to Llodio to meet the demands 1.73 hm3/year of the surface resources (Rio Arnauri, Rio Altube), of the mass of groundwater Balmaseda-Elorrio and of those regulated in the Reservoir of Marono.

25. Ayala/Aiara is assigned to meet the demands 0.65 hm3/year of the surface resources and the resources of the underground water masses Salvada and Mena-Orduna that it currently uses and of the resources regulated in the reservoir Marono.

26. Orozko is assigned to meet the demands 0.37 hm3/year of surface resources and resources of the groundwater masses Balmaseda-Elorrio and Itxina (Spring Aldabide) that it currently uses.

27. It is assigned to Ugao-Miraballes to meet the demands 0.34 hm3/year of the surface resources and the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Undurraga from the Zadorra-Arratia transfer, which is supplied by the Bilbao Bizkaia Water Consortium.

28. It is assigned to Arrigorriaga to meet the demands 1.17 hm3/year of the surface resources and the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Undurraga from the Zadorra-Arratia transfer, which is supplied by the Bilbao Bizkaia Water Consortium.

29. Basauri is assigned to meet the demands 3.11 hm3/year of the surface resources and the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Reservoir of Undurraga from the Zadorra-Arratia transfer, which is supplied by the Bilbao Bizkaia Water Consortium.

30. It is assigned to Etxebarri, Anteiglesia de San Esteban/Etxebarri Doneztebeko Elizatea to meet the demands 0.71 hm3/year of the surface resources and the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the resources regulated in the Undurraga Reservoir from the Zadorra-Arratia transfer provided by the Bilbao Bizkaia Water Consortium.

31. It is assigned to Bilbao to meet the demands 42.39 hm3/year of the surface resources regulated in the Embalses of Ordunte and Zollo and the river Cadagua that it currently uses and of the resources regulated in the Reservoir of Undurraga of the Zadorra-Arratia transfer provided by the Bilbao Bizkaia Water Consortium.

32. The Gran Bilbao is assigned to meet the demands 73.22 hm3/year of the surface resources regulated in the Embalses of Artiba and Nocedal, of the resources of the mass of groundwater Balmaseda-Elorrio that it currently uses and of the Resources regulated in the Undurraga Reservoir from the Zadorra-Arratia transfer provided by the Bilbao Bizkaia Water Consortium.

33. To the municipalities of Arakaldo, Zeberio, Arrankudiaga and Zaratamo, to meet the demands are allocated 0.49 hm3/year of the surface resources and the underground resources that they currently use.

34. It is assigned to meet the demands of Barakaldo 3 hm³ /year of the surface resources regulated by the Oiola Reservoir.

35. To meet the industrial demands estimated at 4.40 hm3/year, resources from the Nervión River are allocated.

36. To meet the demands for recreational uses (golf), 0.64 hm3/year is allocated from the available resources of the system.

Article 21. Resource allocation on the Butroe system.

The significant water demands of this system of exploitation are provided by the resources from operating systems outside the Demarcation (Zadorra-Bilbao/Bizkaia supply system).

Article 22. Resource allocation on the Oka system.

1. It is allocated to meet the urban demands of Kanpantxu-Olalde 3.08 hm³/year of the surface water of the Kanpantxu River and the underground waters of the Olalde-B. survey

2. It is assigned to meet the urban demands of Bermeo 1.77 hm³ /year of resources in the Golako River and in the north side of the Sollube.

3. It is reserved to complete the supply system of the region of Busturialdea 0.25 hm3/year in the future Balsa de Ganbe (Munitibar).

Article 23. Resource allocation on the Lea system.

1. It is assigned to meet the urban demands of munitibar and Aulesti surface resources of the river Lea, estimated at 0.04 and 0.06 hm³ /year respectively.

2. It is assigned to meet the urban demands of Lekeitio 0.8 hm³ /year of surface resources of the Arbina River.

Article 24. Resource allocation in the Artibai system.

1. It is assigned to meet the demands of Markina surface resources from the heads of the rivers Artibai and Bolibar, estimated at 0.11 and 0.65 hm³ /year respectively.

2. It is assigned to meet the demands of Urko and Etxeberria surface resources of the Urko River estimated at 0.11 and 0.02 hm³ /year respectively.

3. It is allocated for Ondarroa sourcing 0.94 hm³ /year of surface resources of the Amailoa River.

4. It is allocated for the supply of Berriatua 0,205 hm³ /year of the surface resources of the lower basin of the river Artibai. Likewise, it is assigned to meet the industrial demands 0.07 hm³ /year of the surface resources of the lower basin of the Artibai River.

Article 25. Resource allocation on the Deba system.

1. It is assigned to meet the urban demands of Alto Deba 8.71 hm³ /year of surface resources from the Urkulu Reservoir and the Pol-Pol System.

2. It is assigned to meet the urban demands of Eibar 2.65 hm³ /year of the surface resources of the Aixola Reservoir and the Sagarereka System.

3. It is allocated for the supply of the municipalities of Deba, Elgoibar, Mendaro, Mutriku 2.74 hm³ /year of the underground resources of the Kilimon System (Irabaneta gallery, Mahala springs and Kilimon wells, fundamentally).

4. It is assigned to meet the industrial demands in Bergara 1.03 hm³ /year of the surface resources of the River Deba (integrates different fetches).

Article 26. Resource allocation on the Urola system.

1. It is assigned to meet the urban demand of the Upper and Middle Urola some resources of 2.78 and 8.92 hm³ /year of the reservoirs of Barrendiola and Ibaieder respectively.

2. It is allocated to meet the industrial demands of the Urola (Urretxu, Zumarraga, Aizarnazábal, Azpeitia, Azkoitia and Legazpi) 2.84 hm³ /year of the surface resources of the Urola and Ibaieder rivers (it integrates different fetches).

Article 27. Resource allocation in the Oria system.

-High Oria.

1. It is assigned to Idiazabal to meet the demands 0.30 hm3/year of the surface resources and the resources of the mass of groundwater Beasain that currently uses and of the resources regulated in the Reservoir of Arriaran that supplies it the Water Consortium of Gipuzkoa.

2. Beasain is assigned to meet the demands 1.22 hm3/year of the surface resources and the resources of the underground water masses Beasain, Arama and Aralar that it currently uses and of the resources regulated in the Embalses of Arriaran and Larreo that supplies the Consortium of Waters of Gipuzkoa.

3. It is assigned to Lazkao to attend to the demands 0.64 hm3/year of the surface resources and the resources of the masses of groundwater Beasain and Aralar that it currently uses and of the resources regulated in the Embalses of Arriaran and Lareo which is supplied to you by the Gipuzkoa Water Consortium.

4. It is assigned to Ordizia to meet the demands 0.87 hm3/year of the surface resources and the resources of the underground water masses Arama and Aralar that it currently uses and of the resources regulated in the Embalses of Arriaran and which is supplied to you by the Gipuzkoa Water Consortium.

5. To the municipalities of Zegama, Segura, Zerain, Mutiloa, Olaberria, Gabiria, Ormaiztegi, Ezkio-Itsaso, Ataun, Zaldibia, Arama, Altzaga, Baliarrin, Gaintza, Abaltzisketa, Orendain, Itsasondo and Legorreta, to meet the demands are assigned 1.83 hm3/year of the surface resources and the subsurface resources that they currently use.

6. To meet the agricultural demands, 0.14 hm3/year is allocated from the available resources.

7. To meet the industrial demands estimated at 7.56 hm3/year, resources from the Oria River are allocated.

-Middle Oria.

8. It is assigned to Tolosa to meet the demands 1.81 hm3/year of the surface resources and the resources of the mass of groundwater Tolosa that it currently uses and of the resources regulated in the Reservoir of Ibiur that supplies the Water Consortium of Gipuzkoa.

9. It is assigned to Leitza to meet the demands 0.87 hm3/year of the surface resources and the resources of the underground water masses Basurabua-Ulzama and Paleozoic massifs Five Villas-Fifth Royal that it currently uses.

10. It is assigned to Ibarra to meet the demands 0.32 hm3/year of the surface resources and the resources of the mass of groundwater Tolosa that it currently uses and of the resources regulated in the Reservoir of Ibiur that supplies the Water Consortium of Gipuzkoa.

11. It is assigned to Zizurkil to meet the demands 0.45 hm3/year of the surface resources and the resources of the mass of groundwater Tolosa that it currently uses and of the resources regulated in the Reservoir of Ibiur that it supplies the Water Consortium of Gipuzkoa.

12. It is assigned to Villabona to meet the demands 1.16 hm3/year of the surface resources and the resources of the mass of groundwater Tolosa that it currently uses and of the resources regulated in the Reservoir of Ibiur that it supplies the Water Consortium of Gipuzkoa.

13. It is assigned to Andoain to meet the demands 1,49 hm3/year of the surface resources and the resources of the masses of groundwater Tolosa and Andoain that it currently uses and of the resources regulated in the Reservoir of Ibiur that supplies the Gipuzkoa Water Consortium.

14. To the municipalities of Ikaztegieta, Alegia, Amezketa, Altzo, Bidegoian, Albiztur, Betelu, Araitz, Orexa, Lizartza, Gaztelu, Leaburu, Belauntza, Areso, Berastegi, Elduain, Berrobi, Hernialde, Anoeta, Irura, Alkiza, Larraul, Asteasu and Aduna, to attend demands are assigned 2.67 hm3/year of the surface resources and the underground resources they currently use.

15. To meet the agricultural demands, 0.25 hm3/year is allocated from the available resources.

16. To meet industrial demands, 10.22 hm3/year of surface resources is allocated.

-Low Oria.

17. It is assigned to Lasarte-Oria to meet the demands 1.38 hm3/year of the surface resources and the resources of the underground water mass Andoain that it currently uses and of the resources regulated in the Reservoir of Anarbe that supplies the Mana de Anarbe of the Urumea System.

18. It is assigned to Usurbil to meet the demands 0.84 hm3/year of the surface resources and the resources of the underground water mass Andoain that it currently uses and of the resources regulated in the Reservoir of Anarbe that it supplies the Community of Aguas del Anarbe del Sistema Urumea.

19. To meet the industrial demands estimated at 1.58 hm3/year, resources from the Oria River are allocated.

20. To address the demands for recreational uses (golf), 0.08 hm3/year is assigned from the available system resources.

Article 28. Resource allocation on the Urumea system.

1. It is assigned to Urgranddaughter to meet the demands 1.32 hm3/year of the surface resources and the resources of the underground water mass Andoain that it currently uses and of the resources regulated in the Reservoir of Anarbe that supplies the Mancommunity of Aguas del Anarbe.

2. It is assigned to Hernani to meet the demands 1.66 hm3/year of the surface resources and the resources of the underground water mass Andoain that it currently uses and of the resources regulated in the Reservoir of Anarbe that supplies the Mancommunity of Aguas del Anarbe.

3. To the municipalities of Goizueta and Arano, to meet the demands are assigned 0.19 hm3/year of the surface resources and the underground resources that they currently use.

4. Donostia-San Sebastián, Astigarraga and municipalities of the river basin of Oiartzun are assigned to meet the demands 33.07 hm3/year of the regulated resources in the Anarbe Reservoir that supplies the Commonwealth of Aguas del Anarbe.

5. To meet the agricultural demands, 0.08 hm3/year is allocated from the resources available in the system.

6. To meet industrial demands, 18.23 hm3/year of surface resources are allocated.

Article 29. Resource allocation on the Oiartzun system.

It is assigned to meet the industrial demands centralized mainly in the municipality of Errenteria 3.41 hm³ /year of the surface resources of the river Oiartzun.

Article 30. Resource allocation on the Bidasoa system.

1. It is assigned to Baztan to meet the demands 2.20 hm3/year of surface resources and the resources of the underground water masses Basurabua-Ulzama and Paleozoic massifs Five Villas-Fifth Royal that it currently uses.

2. Doneztebe/Santesteban is assigned to meet the demands 0.28 hm3/year of the surface resources and the resources of the mass of ground water mass Paleozoic Five Villas-Fifth Royal currently used.

3. It is assigned to Lesaka to meet the demands 0.66 hm3/year of the surface resources and the resources of the mass of ground water mass Paleozoic Five Villas-Fifth Royal that it currently uses.

4. It is assigned to Bera to meet the demands 0.46 hm3/year of the surface resources and the resources of the mass of ground water mass Paleozoic Five Villas-Fifth Royal that currently uses.

5. To the municipalities of Beintza-Labaien, Urrotz, Oitz, Donamaria, Bertizarana, Ezkurra, Eratsun, Saldias, Zubieta, Ituren, Elgorriaga, Sunbilla, Arantza, Igantzi and Etxalar, to meet the demands are assigned 1.41 hm3/year of the resources surface and the subsurface resources that they currently use.

6. Irun and Hondarribia are assigned to meet the demands 9.03 hm3/year of the regulated resources in the Embalses of Domico and San Anton or Endara and of the resources of the mass of groundwater Jaizkibel that includes the springs of the face north, south face and newly built surveys managed by Txingudi S.A. Services

7. To meet the agricultural demands, 0.77 hm3/year is allocated from the available resources of the system.

8. To meet the industrial demands, 0.60 hm3/year is allocated from the surface resources of the system.

Article 31. Allocation of resources in the Pyrenean rivers system.

1. The municipalities of Urdazubi/Urdax and Zugarramurdi, to meet the demands are assigned 0.06 hm3/year of the surface resources and the underground resources that they currently use.

2. The municipality of Luzaide/Valcarlos, to meet the demands are assigned 0.08 hm3/year of the surface resources and the underground resources that they currently use.

3. To meet the agricultural demands, 0.14 hm3/year, of the surface and underground resources of the system are assigned.

CHAPTER 6

Using the hydraulic public domain

Section 1. Private uses

Article 32. Distances between groundwater and spring water fetches.

1. When the extraction of the waters is carried out by the opening of wells and in accordance with the provisions of Article 87.2 of the Regulation of the Public Hydraulic Domain that develops the preliminary titles, I, IV, V, VI, VII and VIII of the text recast of the Law of Waters approved by Royal Decree 849/1986, of April 11, the minimum distances between these or between wells and spring will be the following:

(a) For flow rates of less than 0,15 litres/second, the ten-metre land situation of urbanised land, 20 metres in rural land, and a hundred metres in case of a flow rate higher than that mentioned.

(b) Equal distances shall be kept, at least, between the wells of a pre-dium and the non-waterproofing ponds or acequines of the neighbouring premises.

2. Exceptionally, concessions may be granted at a shorter distance if the person concerned credits the non-condition of the earlier legalised use.

Article 33. Installing measurement devices.

1. In accordance with Article 55.4 of the recast text of the Water Act, the holders of the use shall install and maintain in their capacity the measurement systems which guarantee the registration and verification of the flow rates effectively. used or consumed, from returnees, as well as from discharges to the public hydraulic domain, in such a way as to enable the adjustment of the flows to the maximum granted.

2. The holder shall be obliged to provide to the Hydraulic Administration, in the form and periodicity that it determines, the data of registered flows for the best development of its functions of audit and control of the concessions, within the Monitoring of the Hydrological Plan. Unless specifically determined otherwise, the frequency of the transmission of the data relating to the annual volumes shall be at least once a year to be made in the course of the month of January.

3. The flow data recorded by the concessionaire shall be managed, stored and transmitted to the Hydraulic Administration in accordance with Order ARM/1312/2009 of 20 May, which regulates the systems for the effective control of the volumes of water used by water-use of the hydraulic public domain, the returns to that public hydraulic domain and the discharges to it. Equally in compliance with this Order, the counters will be verifiable, unmanageable and unmanageable.

4. In the case of wells for the collection of groundwater, the installation of a pipe of at least 25 mm inside diameter shall be required, except for justified cause, to allow the reading of the piezometric level with an electrical probe or hydronivel which must be at least up to the suction zone of the pump. A control device and a flow measurement device shall be placed at the outlet of the driving pipe in accordance with the provisions to be laid down. An outlet for the taking of water samples shall also be installed in the wellhead.

Section 2. Authorizations and Concessions

Article 34. General rules on concessions.

In accordance with the provisions of Articles 59 of the recast of the Water Act and 93 et seq. of the Regulation of the Public Hydraulic Domain, the draft or preliminary draft accompanying the application for new concessions adequately justify the assessment of the water needs, adapting to the values set out in this Plan on the allocation and calculation of demands. In addition to the extremes referred to in Article 102 of that Regulation, the following shall be specified: not only the requested annual and monthly maximum volume and the maximum instantaneous flow rate, but also, where appropriate, the derivation scheme, i.e. indicating the period of use when it is done on restricted days.

Article 35. Water supply for urban supply.

1. For the granting, revision, modification and novation of urban supply concessions, the volume of water shall be calculated by applying one of the two methods detailed in the following paragraphs.

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 Soil, approved by the Royal Legislative Decree of June 20, and with article 25.4 of the recast text of the Water Act.

2. In the generic method, all uses of water that are supplied by the municipal network are considered as a whole, such as domestic use, industrial and commercial use, municipal use, private irrigation and livestock use.

In this case, the maximum gross water allocations listed in Table 1 are established, with the ratio between the volume to be captured for the high supply network and the number of registered inhabitants being understood as gross allocation. on the municipal roll in the supply zone.

Table 1. Maximum permissible amounts in litres per inhabitant per day for urban supply. Generic method

300

Population

by the system

Commercial-industrial activity linked (attached 11)

High

Media

< 2,000 hab.

340

310

290

290

260

260

-

50,000-250,000 hab.

270

-

-

> 250,000 hab.

250

-

-

3. For each use, a maximum gross envelope with the following characteristics shall be defined for each use:

a) Healthcare usage. Supply to changing rooms of industries, sports facilities, etc. An envelope of 150 to 200 l/employee-user/day is set.

b) Domestic use. It refers specifically to home supply, excluding municipal, commercial needs, etc. The maximum gross water allocations are shown in Table 2.

Table 2. Maximum gross doings for domestic use. Particulate method

-supplied population (inhabitants)

Max Dotation. gross

(l/hab/day)

than 100

220

101 to 2,000

210

2,001 to 10,000

205

200

195

Over 250,000

190

c) Seasonal population: tourism and second residence. The maximum gross allocations for apartments and flats of second residence shall be considered equivalent to those expressed for domestic use. For accommodation in shawls with seasonal use, a maximum gross envelope of 350 l/habit/day shall be used. In the calculation of the volume of water to be used, an occupancy rate of 3.5 inhabitants shall be considered per accommodation and an average annual occupation time period, duly justified.

For other accommodation related to the seasonal population, the allocations set out in Table 3 will be used.

Table 3. Average allocations for seasonal population

Type of establishment

Max Dotation. gross

(l/plaz/day)

120

Hotel

240

d) Municipal uses, baldeans, sources and others. For the calculation of the balding needs, an envelope of 1,2 l/m2/day shall be adopted.

e) Hospital uses, including geriatric and other similar services. Water needs shall be calculated on the basis of the number of beds or, where appropriate, places with a 400 l/day/day envelope.

f) Usos hosteleros. A maximum gross envelope of 5 to 10 m3/set/day shall be considered.

g) Agricultural uses (livestock and irrigation) and the use for irrigation of parks and gardens. The envelopes contained in the specific articles dedicated to these uses shall be used.

h) Industrial uses associated with the core and taking from the urban network. The envelopes contained in the article dedicated to industrial use will be used.

i) Other recreational uses, etc. The envelopes contained in the specific articles dedicated to these uses shall be used.

Article 36. Water envelopes for livestock uses.

In the granting, revision, modification and novation of water concessions for livestock uses, the endowments listed in Table 4 will be taken into account.

Table 4. Water resources for livestock farming

Equines

20

Type

Stumpy Livestock Dotting

(l/cab/day)

Non-Stated Livestock Dotting (l/cab/day)

Bovine

120

90

Beef Bovine

100

70

50

30

major livestock

75

50

15

minor livestock

35

20

Owine and goat

8

5

Conejos and the like

1.5

0.5

poultry (chickens, turkeys, ducks, etc.)

0.5

0.3

In the case of applying for water for stables cleaning, the needs will be determined by difference between the stablated and non-stout cattle endowments.

Article 37. Water envelopes for irrigation.

In the case of granting, reviewing, modifying and novation of concessions, and unless otherwise justified, the net endowments set out in Table 5 shall be used.

Table 5. Water envelopes for irrigation (m3/ha and year)

-

-

-

Outdoor (irrigation period 4 months)

m

/ha/hour

Low plastic or greenhouses (risk period 12 months)

Crop Type

Specific crops

Severity

Aspersion

Goteo

Hydroponic

No hydroponic

Forages.

-

2,100

1,800

-

-

-

-

Lenosas.

Kiwi.

3,100

40

-

-

-

-

40

-

-

Other woody.

2,400

2,000

1,800

40

-

-

Horticulture.

1,700

1,500

40

5,000

Bioenergy crops: bibioethanol.

2.950-2,000

2.000-950

-

-

-

-

-

-

-

-

-

-

-

-

2,500

2,500

-

-

-

-

-

-

-

3,950-2,500

2.500-1,750

-

-

-

3.500-2,500

2.500-1,450

-

-

-

-

-

Beets.

3.450-2,500

2.500-600

-

-

-

-

Article 38. Water envelopes for industrial uses.

Water volumes requested by industries not connected to the urban network or by industrial estates shall be justified by providing specific information that provides for real data where possible.

In the absence of data, the allocations set out in Table 6, referring to different industrial sectors excluding electricity production, and Table 7, which focuses on the allocations of production plants, will be adopted. power.

Table 6. Water envelopes for the industry

Build Materials

Sector

Dotation (m3/day per employee)

Dotation (m3 per ton produced)

Lacteas

10-18

3-17

Power

2-12

6-30

0.3-0.8

2-3

-alcoholic beverages

5

6

Papeleras

32-86

16-34

Transformed

0.6

2.32

Matches

3-6

5-7

Industry

8-20

2-12

8

115

0.5

Cementeras

4.4

8-12

8-12

3-8

Metal Transformed

3-8

1-3

Table 7. Water envelopes for power stations

Type

Closed Cooling Circuit

Circuit open cooling (*)

3/100 Mw installed power per year

cycle

1.2-1.5

60-100

2.3-2.8

90-125

Termosolars

1.6-2.0

-

(*) Industrial cooling circuits with a volume greater than 10,000 m3/year shall not be open in open-speed, except where the uptake is in open estuary or coastal water mass.

For industrial polygons, where the type of industry to be implemented is not known, a total of 4,000 m3/ha/year is allocated.

Article 39. Water envelopes for irrigation of golf courses, landscaped surfaces and filling of pools.

1. The endowment for the irrigation of the golf courses has been established with a general character in 3,600 m3/ha/year. In the case of irrigation of the landscaped areas, a maximum allocation of 2,000 m3/ha/year shall be applied considering as irrigation period 4 months per year and in the case of filling of pools a single filling of the pool per year will be allowed, plus loss replenishment.

2. In the irrigation of golf courses and landscaped surfaces, the reuse of regenerated waters will be enhanced for which the petitioner must present a study of the water needs of the surfaces to be irrigated by the use of regenerated waters pursuant to Article 30 of Law 10/2001 of 22 June of the National Hydrological Plan and Article 75 of the Plan.

3. Irrigation systems should be adapted to vegetation using those that minimize water consumption such as microirrigation, drip irrigation, a network of sprinklers regulated by schedule or humidity detectors to control the water. frequency of irrigation, especially in rainy days.

Article 40. Concessions for irrigation.

In the projects for the concession of the use for irrigation, the Hydraulic Administration may require, when deemed necessary according to the public interest to be justified, a study on the drainage network and the relationship water and soil. In accordance with Article 106.2 (b) of the Water Public Domain Regulation, an analysis of good practices to be implemented to limit diffuse pollution and export of salts, especially in areas declared as such, will be required. vulnerable.

Article 41. Allocations for aquaculture and others.

1. Fish farms: The indicated needs will be examined according to the number of daily water renewals of the necessary rafts.

In the absence of any justification for the fish farms, the necessary water shall be determined as follows.

-Incubation: 30 renewals/day.

-Alevinage: 20 renewals/day.

-Fattening: 15 renewals/day.

2. Fire fighting: The volume shall be taken into account in order to allow the filling of the raft and its use, plus the replacement of losses.

Article 42. Limitations to concessional time limits.

1. According to the provisions of Articles 59 of the recast of the Water Law and 97 of the Regulation of the Public Hydraulic Domain, it is established that, as a general rule, concessions will be granted for a period of 20 years. Other lower or higher durations may be fixed for duly substantiated reasons, taking particular account of the time required for the depreciation of works.

2. In the water bodies affected by the infrastructure referred to in the Water Plan, concessions may be granted whose extinction is linked to the operation of the infrastructure.

3. The extension of up to 10 years, as regulated in article 59.6 of the recast of the Water Act, will not exceed 75 years of maximum duration, in accordance with Article 97 of the Regulation of Hydraulic Public Domain.

Article 43. Extinction of concessions.

1. In accordance with Article 115.4 of the Regulation of the Public Hydraulic Domain the exploitation of any concession shall be subject to the approval of the act of final recognition of the corresponding works and, in general, to the full compliance of its conditional on the time limits given to the effect. Failure to comply with the essential conditions of this condition shall mean the immediate opening of the relevant file for the termination of the right to use of water in accordance with Article 53 in conjunction with Article 66 of the Treaty. Recast text of the Water Act.

2. In accordance with Article 89.4 of the Regulation of the Hydraulic Public Domain, whatever the cause, when the concessional right is extinguished, they shall revert to the competent Administration, free of charge and free of charge, as many works as constructed within the public hydraulic domain for the exploitation of the use, without prejudice to compliance with the conditions laid down in the concession document.

If at that time, the Administration considers it possible and appropriate the continuity of the use, it may require the concessionaire to deliver the goods object of reversion under conditions of exploitation in application of the Article 164.3, 165.3 and 167.3 and 4 of the Regulation of the Hydraulic Public Domain. If, on the contrary, it is not feasible, or its maintenance would be contrary to the public interest, and for the purposes of Article 126 (4) of that Regulation, the demolition of what is constructed in the public domain may be required. Article 101 of Law 33/2003 of 3 November of the Heritage of Public Administrations.

Article 44. Minimum conditions for concessions for use by dams or azudes.

1. For the purposes set out in Article 98 of the recast of the Water Law, new applications for concession in order to capture water through dams or azudes, must incorporate a study that allows the Hydraulic Administration assess, on the basis of the simulation of the management in the relevant operating system, that quantities of water may be used without causing damage to the environment, respecting the ecological flow schemes identified in This Hydrological Plan and without reducing the availability to meet other concessions pre-existing.

2. The project to use the new concession should incorporate, for the purposes set out in Article 126.bis of the Regulation of Public Hydraulic Domain, a clearly differentiated item, measures aimed at minimizing the environmental condition. Among those measures, in addition to the respect for the ecological flow rate regime in the intake section and, in the case of a refund, the following shall be included:

a) Installation of measurement and flow recording devices and their variations that allow for rapid testing.

(b) Where appropriate, the installation of infrastructure pass-through devices which, according to the icthiofauna concerned or which could potentially be inhabited in the section, do not prevent their circulation and go back.

c) Installation of devices to prevent the entry of fish into the turbines.

(d) If applicable, incorporation of elements allowing the rescue of the icthiofauna in the event of the emptying of the infrastructure.

e) Closing of channels, cargo chambers and other infrastructure so as to avoid risks to people and terrestrial wildlife, in particular to large mammals.

f) In channels more than 500 m in length steps must be taken to ensure that livestock and terrestrial fauna, in particular large vertebrates, can cross them and access the natural riverside.

g) Valuation and mitigation measures for damage to the affected riverside vegetation, on wetlands and, even, on protected areas.

h) Assessment and mitigation measures of damage to the affected river geomorphology.

3. In the case of new concessions for hydroelectric minicentrales, the operating pattern referred to as bagging or hydropuntas shall not be authorised. The bagging works by alternating in the course of a few hours periods of turban and stop until the recovery of the water level in the azud and/or the loading chamber, producing in the river variations of flow over 25%. of the circulating natural flow rate. In existing mini-signs, unless expressly provided for in the condition of the concession, it shall not be permitted to be disturbed by the above mentioned pattern of the use of bagging.

4. In the new concessions for hydroelectric minicentrales and, in general, in the modifications of the existing ones, where possible, the equipment flows will be adapted to the circulating flows throughout the hydrological year in Natural regime. Such flows shall be in the range of the Q80 to Q100 of the rated flow curve once the ecological flows have been previously discounted.

Article 45. Modification and revision of concessional flows.

1. The flow rate at each moment shall be in line with the actual flow rate used, even if the rate is higher.

2. In accordance with Article 151.5 of the Regulation of the Public Hydraulic Domain, these modifications of the characteristics of the concessions that they assume will be processed without new project competition:

(a) A variation in flow rates not exceeding 10 percent in more or less, and in addition, the limits provided for in Article 128 of the Water Public Domain Regulation are not exceeded.

(b) A variation of the concessional index not exceeding 10 percent in more or less in the case of those destined for hydroelectric production.

3. The assumption provided for in Article 156.2 of the Regulation of the Public Hydraulic Domain, which motivates the trade review of concessions, includes the following among other cases:

(a) Change of the conditions or characteristics of the use that would serve as a basis for the assessment of the needs and their evolution at the time of granting the concession

b) The inference of conditions to third parties or significant alterations in the morphological conditions of the bed, including the significant alteration of wetlands and the loss of habitats or species.

The review thus performed shall not result in compensation in accordance with Article 65 of the recast text of the Water Act.

4. The assessment of the real needs of a use to which the concessional flow rates are to be adapted, as well as the accreditation referred to in Article 65.2 of the recast of the Water Law, will be carried out on the basis of the criteria set out in Article 156.a of the Regulation of the Public Hydraulic Domain:

5. In the case of water bodies declared in bad condition, it may be necessary for the holder of the use to take the necessary measures of optimization, saving and minimization of the impact when necessary for the achievement of the objectives environmental. Among the measures to be proposed, it will be possible to choose, among others, the application of best available techniques to optimize the efficiency of water use, the relocation of the outlets, the modifications to the operating system and the use of Regenerated waters. In the previous framework, the Hydraulic Administration may impose the replacement of all or part of the concessional flows by other sources of different origin.

Article 46. Use of groundwater. Condition to previous use and protection of the ecological flow rate regime.

1. In relation to the provisions of Article 184.4 of the Regulation of the Public Hydraulic Domain, in order to determine the possible condition of new exploitations of groundwater to existing fetches, the Hydraulic Administration may require the a petitioner that provides a hydrogeological report of the possible conditions, based on data obtained from the execution of pumping tests or aphoras performed in the new fetches.

2. For the purpose of maintaining the system of ecological flows, the use of groundwater may be required to be close to rivers or springs, or to which it is presumed that they may have an impact on the flow rate system. ecological, a report supporting the possible conditions for them, which must comply with the same technical requirements as set out in the previous section. The operating system of the concession shall be appropriate to ensure that the system of ecological flows is not affected.

Article 47. Minimum distances between groundwater fetches.

On a general basis, the minimum distances between new groundwater use, and the existing and the springs, will be those set out in Article 32.1 when their total annual volume does not pass 7,000 m3, for the remainder, the distances shall be as set out in Article 184.1 (b) of the Regulation of the Hydraulic Public Domain. If once granted the concession will be verified that the above benefits are affected, the new one will be closed without the right to compensation.

Article 48. Sealing of groundwater fetches.

In order to prevent the deterioration of the groundwater masses the Hydraulic Administration, in the case of extinction, revision or modification of groundwater rights that will lead to the cessation of the activity It shall take the necessary measures to ensure the sealing by the holder of the wells, surveys or similar works, with inert material, in accordance with Article 188.bis of the Regulation of the Hydraulic Public Domain. As an exception, the well sealing shall not be necessary when the catchment is transformed into a control point of the Hydraulic Administration.

Article 49. Protection against salinisation of coastal aquifers and general protection regime.

1. In accordance with Article 244 of the Water Public Domain Regulation in coastal aquifers to ensure non-salinization, the following criteria will be followed.

If the level in the lower well of the middle level of the sea will be done the necessary studies to be able to define and execute the elements of control, that allow to guarantee the non salinization of the aquifer. In this case, account will be taken of possible communication with the sea, distance to the sea, the cone of depression, and finally the possibility of establishing a survey of control between the well and the sea.

2. In the remaining bodies of groundwater, the rules that are generally established by the Regulation of the Public and Hydraulic Public Domain shall apply in respect of the protection of aquifers.

Article 50. Other principles for the protection of the groundwater masses.

1. In order to improve the performance of a concession, it may be granted, subject to the authorisation of the Hydraulic Administration, in accordance with Article 188 of the Regulation of the Public Hydraulic Domain, to be repaired, modified or even execute a new collection within a radius of 10 m of that, provided that it does not involve a third party condition or is less than the permitted distance from other pre-existing fetches. The new catch may not exceed the dimensions and depth of the previous one. The original catch must be closed and sealed, unless the Hydraulic Administration points to the contrary.

2. The cleaning, development and stimulation of wells must be communicated to the Hydraulic Administration at least one month in advance.

3. The bad quantitative status or the chemical status of a body of groundwater may be sufficient justification for the refusal of the applications for use and for the closing or sealing requirement of the captions. pre-existing. In the case of bodies of groundwater affected by local pollution, as a general rule and irrespective of the destination of the catchment waters, the sanitary sealing of any polluting levels may be required for the purpose of preserve the quality of groundwater.

Article 51. Surveys for geothermal tapping.

1. The conduct of surveys for geothermal use in closed circuit requires prior communication to the Hydraulic Administration, giving at least the following information: location, expected start date of the works, depth and number of surveys, type of sealing intended, promoter, full social reason of the drilling company and the installer in charge of the works, as well as a copy of the policy of the insurance of civil liability. In the light of the aforementioned communication the Hydraulic Administration may require the processing of the precept authorization of works in the hydraulic public domain, the procedure being the one provided for in article 53 of the Regulation of the Domain Hydraulic Public.

2. In the case of geothermal use in the open system, the granting or registration and the discharge authorisation (in principle the return to the same aquifer) shall be processed in a single file. The following recommendations shall be taken into account in this type of geothermal use:

(a) The water used in the same aquifer from which it has been extracted must be injected in general. Only if it does not affect the balance of the water-aquifer system and in duly justified exceptional cases the discharge shall be permitted.

(b) Except for express authorisation, the water injection shall be carried out with thermal jumps never exceeding 6 ° C and preferably shall operate throughout the year (heating and cooling). Higher thermal jumps shall be duly justified.

1. Drilling for geothermal use, both in the open and closed system, shall be designed and completed in such a way as to avoid any possible entry of pollutants into the medium.

2. The drilling works referred to in the previous paragraph shall have a hydrogeological monitoring and monitoring to determine the entity and nature of the water levels crossed, which shall be under the direction of a technician. competent, which shall also be responsible for the design and implementation of the appropriate sealing systems. In the event that the hydrogeological monitoring is not available, the drilling company and the technical management of the work shall ensure the complete sealing of the ring of the vertical exchangers. This seal shall be carried out by means of the injection, throughout the ring space, of prepared products of low permeability and inert: bentonite-cement slurry, bentonite pellets, etc.

3. In order to avoid possible affections to other third-party advantage as well as changes in the aquifer, including the aquifer's water balance and the physical-chemical characteristics and hydrodynamics of the underground flow, the Hydraulic Management in accordance with Article 98 of the recast text of the Water Act may request the submission of a specific study assessing its impact on the environment.

CHAPTER 7

Protection of the public water domain and water-quality public domain and water quality

Section 1. General rules

Article 52. Maximum flow rates and determination of flood zones.

1. In the authorization of uses and performances in flood areas defined in the following articles the petitioner shall consider the inundability in the current state of the zone. In the absence of specific studies validated by the Hydraulic Administration, the reference mapping for the different flood probability scenarios will be integrated into the National Flood Zone Mapping System and registered in the Central Register of Cartography in accordance with Royal Decree 1545/2007, of 23 November, for which the National Cartographic System is regulated.

2. For the determination of the flood mapping, as long as it is not defined by the Hydraulic Administration, the 'Technical criteria for the preparation of hydraulic studies', as set out in Annex 9, may be used. In the preparation of these studies, an estimate will be made of the avenue of avenue considered that, in the absence of other validated by the Hydraulic Administration, will adopt as Maximum Flow of Avenue those established in the Hydrological Plan Northern III, approved by Article 1.1 (a) of Royal Decree 1664/1998, in accordance with the single transitional provision.

Article 53. Limitations to uses in the flood police zone.

1. In accordance with Article 11.3 of the recast text of the Water Act, without prejudice to the establishment of flood risk management plans as defined in Royal Decree 903/2010 of 9 July 2010 on the assessment and management of the risk of flooding flood, irrespective of the basic soil situation of the land at risk of flooding, in accordance with the provisions of Article 12.2.a) of the recast text of the Soil Law in the following paragraphs. in the use of the flood police zone.

2. In accordance with Article 9.2 of the Regulation of the Public Hydraulic Domain in the zone of preferential flow only the uses and activities permitted in this zone that do not present vulnerability may be authorized by the Hydraulic Administration. in front of the avenues and which do not imply a significant reduction in the drainage capacity of the area. Consequently, in general in this area they may not be authorised:

a) Garages and basements.

b) Camping, in no case.

(c) New buildings, whatever their use, including school or health facilities, nursing homes or physical or mental handicapped, fire parks, civil protection facilities, fuel supply stations, farms and animal breeding stations.

d) Works of consolidation, increase in volume, modernization or increase of its value of expropriation or the change of use of existing buildings that behave an increase of the vulnerability in front of the avenues, except for small repairs that require the hygiene, ornato and preservation of the building.

e) Inverters, lockups and fencing that are not permeable, such as factory wall closures of any kind.

f) Fill and collection of materials or waste of all kinds, especially when they can cause a significant reduction in the drainage section, causing pollution or degradation of the public hydraulic domain and/or floating or being dragged causing obstruction of drainage works and bridges.

g) Linear infrastructure designed to be in parallel with the flow, with the exception of sanitation, supply and other underground pipes, which in any case, except for point areas where there is no viable solution, must be located outside the servitude zone of the hydraulic public domain.

3. By way of exception, in a land which at the entry into force of this Hydrological Plan is found in the basic situation of urbanized soil, in accordance with the provisions of article 12.3 of the recast text of the Law of Soil, it may be authorized the construction of buildings in the zone of preferential flow in solar with medianeries of consolidated building to one or both sides and in isolated solar completely inserted inside of the pre-existing urbanized soil.

In either of these two exceptional assumptions, the buildings and/or uses that are available to them must meet the following requirements:

(a) That the inundability of the environment is not significantly increased, nor are any possible actions of defense against urban core flooding to be conditioned.

b) For residential uses to be above the 500-year return-period flood cote.

c) That is compatible with the criteria and preventive measures to be established, where appropriate, in the Flood Risk Management Plan for that locality.

(d) In the case of installations which store, transform, manipulate, generate or pour products which may be harmful to human health and the environment (soil, water, vegetation or fauna) as a result of their drag, dilution or infiltration, either from school or health centres, nursing homes or physical or mental handicapped, fire parks, civil protection facilities, fuel supply stations, sewage treatment plants, power stations, farms and animal farms.

e) That the applicant for the authorisation expressly states that he knows and assumes the risk existing in the new building and the civil protection measures applicable to the case, irrespective of the accompanying measures consider it appropriate to adopt them for protection.

Of the authorizations that are granted to build in the preferential flow zone, according to these requirements, will be transferred to the Land Registry for registration, from the petitioner, as a condition of the domain on the farm application object.

4. For applications for authorization in the flood police zone, outside the zone of preferential flow, on the ground that at the entry into force of this Hydrological Plan is found in the situation of urbanized soil according to the provisions of the Article 12.3 of the recast text of the Soil Law, a detailed hydraulic study may be required to define and justify the corrective measures necessary to make the action feasible, which must be in any case environmentally friendly. These can be assumed and will not aggravate the inundability and the pre-existing risk in the environment.

In general, in this zone, they cannot be authorized:

(a) Garages and basements, unless they are watertight with watertight closures, have vents on the flood cote, and the accesses of which are high by ramps or steps.

b) Camping in no case.

(c) Essential public infrastructure in which emergency accessibility is to be ensured by severe flooding, such as school or health centres, nursing homes or physical abides; or psychics, fire parks, civil protection facilities.

d) Ascopes of materials or residues of all kinds, especially when they can cause a significant reduction of the drainage section, cause pollution or degradation of the public hydraulic domain and float or be dragged causing the obstruction of drainage works and bridges.

In urbanised soil, unless duly justified material is not possible, new residential uses must be disposed of to a non-achievable cote on the 500-year return period. This limitation will be extended to all uses that are vulnerable in land that are in basic rural soil status under Article 12.2 of the recast text of the Soil Law.

Article 54. Flood protection measures.

1. On the ground that it is in a basic situation of urbanized according to the provisions of article 12.3 of the recast text of the Law of Soil, when for the protection of persons and goods it is necessary to carry out structural actions of The level of protection will be established, where appropriate, by the Flood Risk Management Plan for that locality. In the absence of this provision, and in general terms, the lighting shall be designed so that the urban core is outside the flood zone with a return period of at least 100 years.

2. On land in basic rural land in accordance with the provisions of Article 12.2 of the recast text of the Soil Law, any action, including structural and non-structural measures, necessary for the protection of the persons and goods in the face of floods will have to be located outside the area of high probability of flooding of article 8.1.a) of Royal Decree 903/2010, of July 9, in the situation of inundability prior to the actions, and always and when the measures to be adopted guarantee protection against the levels of the waters in the avenues of return period of 500 years.

By way of exception, the location of such performances can be allowed in the area of high probability of flooding, as long as the measures to be adopted guarantee shelter in front of the avenues and count This is the case with the prior approval of the Hydraulics Administration, and without necessarily implying the provision of the territorial and urban planning instruments for the passage of such land in a basic situation of rural land to that of urbanised soil.

3. The Hydraulic Administration shall promote, without prejudice to the establishment of flood risk management plans, in accordance with the provisions of Articles 28 of Law 10/2001 of 5 July of the National Hydrological Plan and Article 23 of the Recast of the Water Law, General Protocols of collaboration with the Autonomous and Local Administrations in order to establish the programs of measures that make possible a management of the uses in the flood zone that contributes, moreover (a) the protection of persons and property from floods of a river or stretches of river, to the achievement of the objectives of preserving the state of the public hydraulic domain, preventing the deterioration of aquatic ecosystems, contributing to their improvement, and protecting the regime of currents in avenues, favouring the function of land adjacent to the channels in the rolling flow and solid cargo carried.

4. The above protocols will be, in the progress of the formulation of the first elaboration of an urban planning general or when the total or partial revision of an existing one is projected, and without prejudice to the report of the article 25.4 of the text recast of the Water Law, the instrument of inter-administrative coordination in order to reach the appropriate solution in cases where the passage of the situation of rural land to the land of the flood zone is foreseen.

5. The flood management will take into account the Agreement of the Council of Ministers of 29 July 2011 approving the State Plan for Civil Protection in the face of the risk of floods, as well as the Council of Ministers ' Agreement of 9 December 2011. December 1994 for which the Basic Guideline on the Risk of Flood is adopted, which establishes the content and basic functions of the plans of the Autonomous Communities. To this end, the Civil Protection Plans for the Flood Risk of the Autonomous Communities of the Basque Country (approved by the National Civil Protection Commission of 23 March of 23 March) will be applicable in their respective territorial areas. 1999), de Navarra (approved on 21 February 2002), and Castilla y León (approved on 24 March 2010).

Article 55. Specific rules for the design of bridges, hedges, structural measures of defence and modification of the route of channels.

1. The construction of a bridge in an urban area requires, in general, at least to free the preferential flow zone. Up to 30 m of light will have only one vain, for larger lights it will have a vain with light greater than 25 m, and another or two others with lights greater than 6 m. In straight stretches the span of more than 25 m shall be located in the centre, and in curved sections on the outside of the curve. The stub from the water level to the lower face of the board will be, if possible, one meter or greater for the 500 year avenue of return. In any case at the central point of the bridge this guard shall be at least equal to 2,5% of the width of the bridge.

2. In the bridges of communication infrastructures running through the rural area, the lights and distribution of the vanes shall be adapted to the defined in the preceding paragraph, and the guard from the free surface of the water to the bottom of the board will be the one to interpolate between the following data:

Table 8. Guards for bridge design

2,000

Cuenca (km2)

Rest (m)

5

0.15

10

0.25

25

50

0.50

100

1,000

1.00

3. The bridges of the neighborhood roads, in rural areas, will have greater drainage capacity than the immediately upstream and downstream sections. Up to 20 m of light, the channel shall be saved with only one vain; for larger lamps there shall be a span of 15 m and one or two other with lamps greater than 2 m. The lower part of the board will be 25 cm above the adjoining land, not the path of access that until the vicinity of the bridge will be established at the level of the grounds, so that the road that the bridge will be flooded before.

4. Where the avenues of a channel affect an urban area, any downstream bridge in that area shall require a general study to provide for the effects on the area concerned for authorisation.

5. As a general criterion, the performance of hedges in river sections with a draining basin of more than 0,5 Km² shall not be permitted. In the case of a basin with a surface area of less than this figure, the encauzations covered shall also be avoided when the surface is laid down, except in cases of manifest inevitability in which it must be duly justified.

Exceptionally the coverage of channels in basins of up to 1 km² in cases of strategic infrastructures and in the special cases of basin headwaters in areas of intense urbanization may be authorized, on the basis of the lack of other viable alternatives that are less environmentally-friendly and at lower risk. In these cases, the section shall be visible, with a height of at least 2 m and a width of not less than 2 m.

6. The alteration of the layout of water courses with a tributary basin greater than 1 km², unless necessary to reduce the risk of flooding of urban areas, is prohibited in the appropriate Plan of Risk Management. Flood or be authorized by the Hydraulic Administration. Likewise, the alteration of the layout will be permitted in those cases in which it is carried out to increase the naturalness of the bed prior to the authorization of the Hydraulic Administration. The alteration of water courses with a basin less than 1 km² will require studies of alternatives to justify action, as well as the adoption of appropriate preventive, corrective and compensatory measures.

7. Exceptionally, water courses of up to 2 km2 in the catchment area may be permitted in the case of strategic infrastructure and urban development of supramunicial interest, as referred to in the Territorial management instruments that have been favourably informed by the Hydraulic Administration.

In the previous cases, it will be necessary to carry out a study of alternatives that justifies the action and evaluates the environmental, hydraulic and urban conditions derived from the intervention. Such a study of alternatives shall propose the adoption of the necessary preventive, corrective and compensatory measures to be incorporated in the authorisation which, if appropriate, is granted.

Article 56. Drainage in the new areas to be urbanized and the roads.

1. The new housing estates, industrial estates, urban development and linear infrastructures that can produce changes in drainage of the basin or intercepted basins must introduce systems of sustainable drainage (use of Permeable pavements, tanks or storm devices, etc.) that ensure that the eventual increase in runoff with respect to the value corresponding to the pre-existing situation may be offset or irrelevant.

2. Where it is deemed necessary, given the characteristics of the basin, a hydrological-hydraulic study may be required to justify that the eventual increase in runoff produced by the waterproofing-urbanization of a area, it is not significant. This study shall in any event be required when the surface of the new action involves at least 25% of the total area of the basin.

3. In general terms, in the transverse drainage of communication routes, the area of the basin itself cannot be added to a vaguated areas of greater than 10%. In case of failure to comply with this condition, the drainage capacity of the receiver shall be increased in such a way that the 500-year-old avenue of return does not result in any excess of the initial situation.

Section 2. Rules for the granting of authorizations in the area of transit and servitude of protection of the terrestrial maritime public domain

Article 57. Performances in the protection easement zone.

1. In addition to the provisions of this Plan, Law 22/1988, of 28 July, of Costas and its Rules of Procedure shall be taken into account for the granting of authorizations in the area of protection of the land maritime public domain. development, as well as any other regulations that are applicable.

2. For the prevention of the deterioration of estuarine and coastal ecosystems, as a general criterion, in the protection easement, the construction of elements of the urbanization such as sidewalks, vials, basements, car parks or garages should be avoided. and other elements of urbanisation which, in general, lead to a worsening of the current ecological status. In the same way, underground or air linear installations (supply or sanitation, telecommunications, electricity, gas, etc.) should be left out of these areas. and, when by force majeure must be carried out by the Protection Serviess, must be located, as far as possible, under existing vials.

3. For the granting of authorizations for repair works and improvement in existing buildings in the protection servitude zone (always outside the transit easement zone) the following premises must be taken into account:

a) Do not assume an increase in volume or the level of the scraper, nor underground (garages, basements, etc.)

b) Do not involve the total downing of the walls; that is, from the solera to the deck. In general, 80% of the original external walls should be maintained, allowing for partial repair in justified cases (safety, etc.). The cover may be repaired and replaced but with the same shape and dimensions.

(c) Works which are intended to be carried out in damaged buildings shall only be considered as repair and improvement works in order to be authorised if such buildings have cover, access and access to the less than 75% of the walls. The reform must in any case maintain the existing elements, prohibiting their total or partial demolition. Except for those intended to be rehabilitated for having suffered damage due to a duly accredited fortuitous case or force.

d) Do not involve the change of use to residential or housing. By way of exception, the reform will be permitted for the residence of the lower areas of the hamlets used in the past for agricultural activities (warehouse, stables, etc.).

e) In the technical documentation, the extension and the affections to the area of protection that may be caused by the facilities, auxiliary works and complementary uses (accesses) must be collected in detail. provisional or definitive machinery, building materials, etc.) of the rehabilitation and reform works mentioned above.

(f) The increase in value which the works may entail shall not be taken into account for the purposes of expropriation. The repair and improvement of buildings which have been the subject of a declaration of a historic monument or other heritage protection scheme may be authorised on an exceptional basis.

4. In the area of protection of protection, sports facilities shall be limited to a maximum height of one metre on the natural terrain in order not to prevent the closure of the visual perspectives to persons. In general terms and, in order to prevent the deterioration of estuarine and coastal ecosystems, no dismounts and embankments exceeding 3 m in height shall be carried out.

5. Pedestrian walks which are intended to be carried out in the protection easement, in the case of undeveloped areas at present, shall have the minimum width required by accessibility conditions and, where possible, a maximum of 2 meters can be extended up to 3 meters when their use is mixed (pedestrian and cyclable). Soft treatments shall be used for the purpose of the operation. The installation of urban furniture shall be avoided and, as far as possible, shall not be illuminated, but in cases where it must be installed, it shall preferably be of a beacon type.

Article 58. Performances in the transit easement zone.

1. The buildings within the transit easement zone are out of order with the consequences foreseen in the current urban legislation.

2. From the point of view of the protection of the terrestrial maritime public domain, without prejudice to the provisions of the Law on Coasts, when it is established that there are road roads in the first 30 metres of the area of protection. road vehicles shall be used for the passage of surveillance and rescue vehicles referred to in Article 27 of the said Law, with the permanent transit easement being issued and free of any alteration of the natural terrain, except those intended for uses related to the natural environment and to the public pedestrian crossing.

3. In the case of pedestrian walks referred to in Article 44.5 of the Coasts Law, such trails must be understood to be intended for the pedestrian traffic which, without denaturing it, will be integrated into the environment. carrying out activities for the recreation and enjoyment of aquatic ecosystems and their protection zones.

Article 59. Reports on urban and territorial planning.

1. The General Administration of the State, in application of Article 205 of the Regulation that develops the Law of Costs, will inform the planning and territorial planning regarding those aspects related to the management and protection of the land-based maritime public domain based on the exercise of its own powers. On the other hand, the Basque Water Agency, in application of article 7.k) and l) of Law 1/2006, of 23 June, of Aguas will issue report in the processing of the documents on urban and territorial planning.

2. The reports issued as provided for in the previous paragraph shall be without prejudice to the respective powers of the State Administration for the granting of concessions concerning the land-based maritime public domain and those of the Basque Water Agency for authorizations in the area of protection of that public domain and for discharges from land to sea, in terms in which each administration considers that they must resolve, in a manner adjusted to right.

Section 3. Protected zones

Article 60. General criteria.

The competent administration in the designation of the areas of the Register of Protected Areas in its various categories and typologies will communicate to the Hydraulic Administration the modifications, high or low, related to these designations for the updating of the said registration. In addition, the management and management tools that may exist shall be taken into account.

Article 61. Water masses for supply.

1. All captions for urban supply located in water bodies included in the Protected Area Registry shall have their corresponding protection perimeter where the areas to be protected, the control measures and the control measures and the uses of the soil and the activities to be developed in the soil are regulated to avoid affections to the quantity and quality of the water of the fetches.

The order of priority for its elaboration by the Hydraulic Administration will be established according to the risk presented by the collection and the population supplied.

Until then the perimeter of protection will be delimited by a magnitude of fixed radius around the underground fetches and, in the case of surface captions, by an arc on the basin of the next radius fixed:

a) 500 m in the collection of supply systems serving more than 15,000 inhabitants.

b) 200 m in the collection of supply systems serving a population of between 2,000 and 15,000 inhabitants.

c) 100 m in the collection of supply systems serving a population of between 10 and 2,000 inhabitants.

In the case of supply reservoirs, the specific delimitation of protection perimeters should take into account not only the surface and underground direct runoff basin but also the basin of the possible tributaries transferred to the reservoir.

2. Applications for the allocation of water for urban supply may require the petitioner to propose a justified protection perimeter with an appropriate technical study

3. Within the protection perimeters, the rules laid down in the Regulation of the Public Hydraulic Domain for the police zones for the protection of the captate and the water flow shall apply to the surface water bodies. quality, and for the underground masses, those laid down in Article 179 of that Regulation. In addition, all uses and activities (new uses, land movements, works, etc.) which could lead to the quality of the waters falling below that established in the Royal, will be monitored and monitored. Decree 140/2003 of 7 February 2003 laying down health criteria for the quality of water for human consumption.

4. In the processing of any authorization or concession located within the perimeters of protection of water fetches for urban supply, the dealer's report of the aforementioned supply will be required.

Article 62. Designated areas for the protection of habitat or species related to the aquatic environment.

In the case of authorisations and concessions at the sites "Natura 2000", the competent body should be asked to provide a report on the subject of an appreciable effect on the site and, where appropriate, if the adequate evaluation is necessary in the terms of Article 45.4 of Law 42/2007, of 13 December, of Natural Heritage and Biodiversity.

Article 63. Mineral and thermal water protection perimeters.

In the case of concessions for the use of water in the area of the Perimeters for the Protection of Mineral and Termal Waters, approved in accordance with its specific legislation in force, it must be complied with. ordering documents requesting report from the competent authority.

Article 64. River natural reserves.

The defined reserves are limited to the hydraulic public domain goods corresponding to the river sections associated with each reservation. In these sections, activities that may affect their natural conditions shall not be permitted.

Article 65. Wet areas.

The granting of concessions or authorizations with foreseeable condition to the Wetlands or to their protection zones will be conditioned to the result of the analysis of the possible environmental impact. those aspects that have an impact on the protection of the public water domain and the public domain of land and the biotic or abiotic environment linked to it and the prevention of the conditions of the natural system.

Article 66. Special protection zones.

1. In the Special Protection Areas, in general, they must comply with their respective management or regulatory documents, avoiding interventions on the public water domain and public domain of land and their protection zones that may alter the natural physical environment, fauna or flora.

2. The granting of concessions or authorizations with foreseeable condition to Special Protection Zones or to their protection zones shall be conditioned to the result of the analysis of the possible environmental impact.

3. In the Environmental Interest Tramos the control and monitoring measures necessary to maintain the natural quality of the waters of both the river courses and the underground systems connected to them will be arbitrated.

All interventions on the bed will generally be avoided to alter the natural fauna and flora of the section.

4. In the Tramos of Natural Interest will be limited the activities that can alter not only the fauna and the natural flora of the stretch, but also the natural physical means.

Section 4. Discharges

Article 67. Discharge authorizations.

1. According to Articles 100.1 of the recast of the Law of Waters and 245.2 of the Regulation of the Public Hydraulic Domain, it is prohibited, in general, the direct or indirect dumping of water and residual products susceptible to to contaminate inland waters or any other element of the public hydraulic domain, unless the prior administrative authorisation is provided.

2. In accordance with Articles 100.2 and 101.1 of the recast of the Water Act and 245.3 of the Regulation of the Public Hydraulic Domain, the discharge authorisations shall lay down the conditions under which they are to be carried out in order to obtain the established environmental objectives.

3. The discharge authorization of the Hydraulic Administration shall in any case have the character of preceptively and prior to the implementation and entry into operation of the industry or activity which is intended to establish, modify or move, and precede to the communication or activity license to be granted by the administration.

4. All discharges must comply with the emission characteristics laid down in the current regulations that apply to it, and they will be such that the environmental standards and objectives set for the mass of water in which the discharge is carried out are complied with. (i) considering the individual as a whole with the other discharges. In addition, the rules defined in the following Articles must be met.

5. According to articles 104.1 of the recast of the Water Law, and 261 of the Regulation of the Public Hydraulic Domain, the Hydraulic Administration will be able to review the discharge authorizations in order to adapt the discharges to the objectives. This is the environmental impact of the present Hydrological Plan. To this end, the application of the best available techniques shall be taken into account in the discharge procedure for the review of the discharge authorisation, in particular those which result in more efficient use, reducing the discharge generated.

6. In the case of discharges from land to the terrestrial maritime public domain, compliance with the provisions of Section 2. of Chapter IV of Title III of Law 22/1988, of July 28, of Costas and its implementing regulation, in the Royal Decree 258/1989 of 10 March 1989 on discharges of dangerous substances from land to the sea as well as other rules of application.

7. The Hydraulic Administration may impose the obligation to regulate the waste water flow before the purification when the environmental objectives so require.

8. The connection to public sanitation networks of discharges of isolated urbanizations or industrial estates which, due to their characteristics of biodegradability, can be accepted by the facilities of a sanitation system managed by Regional or local authorities or entities dependent on them shall be considered as a preferred option for the alternative of individual purification with direct discharge to the public hydraulic domain or to the maritime public domain. land. All this, without prejudice to the appropriate conditions for the Administration to impose the conditions it considers relevant in the discharge authorization to be granted under Article 101.2 of the recast of the Water Act, Article 253 of the Regulation of the Hydraulic Public Domain and the current regulations regarding discharges from land to the sea.

In case the connection to an existing network is contemplated, the petitioner must have a sanitation manager report that certifies that the proposed connection is compatible with the existing sanitation solution in the zone, specifying the appropriate point for that connection.

9. Taking into account the provisions of Article 97 of the recast of the Water Act, the waters of stormwater runoff which are contaminated by a particular activity and are collected in a collecting system, either unitary or separate, shall be submit to the discharge authorisation procedure before the Hydraulic Administration.

Article 68. Discharges from urban areas.

1. In the case of authorisations for the discharge of urban sanitation systems, the criteria set out in Article 259 ter.1 of the Public Water Domain Regulation shall be taken into account.

2. As long as the technical standards referred to in Article 253 (3) are not developed by the Ministry of Agriculture and Food and the Environment, the following criteria shall be observed:

(a) Except for specific studies, the capacity of the downstream collectors of the relief devices for the unit sanitation systems shall be at least 20 litres/second per 1,000 equivalent inhabitants.

(b) When, as a result of the failure of the sewage treatment plant (EDAR), significant damage to the river is foreseeable in the case of the Hydraulic Administration, the condition of increasing the number of the waste water debugging lines. This condition is also applicable to wastewater pumps from the collector system.

In any case, when the discharge flow exceeds 2,500 m3/day and 20% of the river dilution flow, it shall be mandatory to install at least two purification or pumping lines as appropriate.

(c) In the case of waste water treatment stations in urban agglomerations exceeding 10,000 equivalent inhabitants who pour water masses into a worse state than good or to masses directly related to them, Hydraulic Management may require the implementation of systems of continuous monitoring of the operation of the facilities and the quality of the effluent.

Article 69. Discharges from industrial areas.

1. In the discharge of waste water treatment systems for industrial areas, account shall be taken of the criteria laid down in Article 253 ter.2 of the Regulation on Hydraulic Public Domain in relation to water from episodes of rain.

2. In the case of dumping of an industry, the flow of waste water from another industry may be included for its joint clearance at the premises of the first industry, provided that the latter has assumed such a flow by stating in its declaration of spill.

Discharges from two or more industries may be combined in a common discharge of purified effluents, with a single final spill point to the receiving medium. In this case, each industry will have to have discharge authorization, with its own purification facilities and control point for the independent dumping of the other industries. These elements shall be located upstream from the incorporation of the discharge to the common evacuation conduit to the receiving medium.

3. Only the use of flood relief for urban waste water in accordance with the planned regulation of discharges from urban areas will be permitted.

4. Industries which include chemical processes capable of causing accidental discharges of dangerous substances must have storage tanks or physical barriers to prevent discharges into the river or aquifer system. compliance with Articles 251.1 (i) and 257.3 of the Regulation of the Hydraulic Public Domain.

5. The discharge from industrial plants with their own taking may contain pollutants which are not characteristic of the industrial activity, provided that the holder proves that the pollution is derived from the catchment waters. Such accreditation may be submitted both to the discharge application and to the subsequent checks on the authorised discharges.

If the waters of the outlet contain polluting parameters characteristic of the industrial activity, the Hydraulic Administration will take into account the accreditation presented by the holder, in order to establish the limit values of the the emission that is authorised or, where appropriate, for the modification thereof, with the aim of complying with the environmental quality standards in the receiving medium.

Article 70. General sanitation systems and urban wastewater treatment plants.

1. Prior to the application for the discharge authorisation, the sponsor may submit to the Hydraulic Administration a preliminary draft with the definition of the general sanitation and purification infrastructure.

From this documentation the Hydraulic Administration will issue a preliminary assessment on the adequacy of the preliminary draft to the compliance with the quality standards and environmental objectives and on the emission characteristics the discharge, where appropriate, requiring the applicant to make appropriate corrections to the project he has drawn up for the application of the discharge authorisation.

3. The criteria laid down in Articles 246.2.e ') and 246.3.c) of the Regulation of the Hydraulic Public Domain shall be taken into account in relation to waters from rain episodes.

4. In addition, the Hydraulic Administration may require the holders of discharge authorizations for sanitation systems to submit a minimization plan to reduce the overflow of runoff water. This plan should include a set of measures comprising technical detail studies to optimise the transport of volumes of waste water and runoff to sewage treatment stations, reducing the impact of waste water. overflows of the sanitation systems in rain episodes. The time limits for implementation and the control systems intended for relief shall also be expressed as samples, as well as the relief of the effluent relieved and the one incorporated in the interceptor, and others.

Article 71. Discharges from solid waste facilities.

1. Any solid or semi-solid deposit, which may result in the contamination of inland waters, shall be carried out in controlled landfills, with a system for the collection of leachate which ensures complete control of the water and prevents its This will be justified by the relevant study. If there is a spill over to a surface flow, the perceptive discharge authority of the Hydraulic Administration must be available.

2. When a controlled landfill of solid waste affects the public hydraulic domain, the request for authorisation to submit to the Hydraulic Administration will necessarily be accompanied by a study of the expected environmental effects. The content of this Regulation shall be in accordance with Article 237.2 and 3 of the Regulation of the Hydraulic Public Domain.

3. Deposits of non-inert solids and of those that are inert are washable by the waters, shall carry a leachate collector and the effluents shall receive the administrative treatment of the liquid discharges.

4. Deposits of solids containing dangerous substances according to Annex IV of the Hydrological Planning Regulation must be carried out separately from the rest, with strict conditions of tightness in the collection system lixiviates.

Article 72. Reports on urban and territorial planning.

1. For the issuance of the reports on planning, the Hydraulic Administration must be issued in accordance with Article 25.4 of the recast of the Water Law, concerning the regime and use of the continental waters and the permitted uses in Land of public hydraulic domain and in its serfdom and police areas, the developer shall specify the proposed solution for the sanitation network and for the purification by means of a preliminary draft.

2. In the event that the connection to an existing network is envisaged, the requirements of Article 67,8 shall be valid both in the case of viability and on the contrary.

Article 73. Applying additional measures.

1. In those bodies of water in which the achievement of the good state is compromised by the discharges, regardless of the actions that need to be taken in the case of illegal discharges, the Hydraulic Administration will be able to apply the following additional measures:

(a) Deny, in accordance with the provisions of Article 247.2 of the Regulation of the Public Hydraulic Domain, and in the current regulations regarding discharges from land to the sea, new discharge authorizations, in the affected mass and in the upstream masses to be determined.

b) Review the discharge authorization in accordance with the provisions of Article 261 of the Regulation of the Hydraulic Public Domain, and Article 58 of Law 22/1988 of 28 July, of Costs, and in the regulations that, at the time, are application or, where appropriate, to warn the holder of the discharge authorization that, if such authorization is incompatible with the objectives of the Hydrological Planning, the time limit granted in the authorization will be revoked unilaterally by the Administration, without any right to compensation.

c) Require the constitution of landfill communities in accordance with the provisions of Articles 90 of the recast of the Water Act and 253.3 of the Regulation of the Hydraulic Public Domain.

2. In cases where the achievement of the environmental objectives of the receiving environment may be committed during the period of time, the Hydraulic Administration may require, on a seasonal basis, purification yields higher than those of the required in general or an additional removal of nutrients (nitrogen, phosphorus or both) or both.

3. In order to enable the environmental objectives to be achieved in sensitive areas as well as in their catchment areas, the Hydraulic Administration may require the holders of the EDAR discharge authorisation to carry out populations of less than 10,000 equivalent inhabitants, additional purification measures and the elimination of nutrients (nitrogen or phosphorus).

Article 74. Minimum flow rate and spill to bed.

1. The flow rate to be taken into account for the discharge authorisation corresponds to the minimum ecological flow rate, in the low water period, under conditions of hydrological normality.

2. As a general rule, discharges of new urban or industrial activities will not be allowed in sections of the heading of natural channels of reduced entity and drainage basin which, while taking into account the best available techniques for discharges, are not suitable for compliance with the quality standards and environmental objectives of the receiving medium.

By way of exception, discharges corresponding to existing activities may be authorised, in the case of new purification plants which reduce the pollutant load, using the best available techniques, and such discharges do not prevent compliance with the quality objectives applicable to the mass of water with which it flows.

3. The authorisation of discharges into the channels referred to in paragraph 2 shall be carried out taking into account the compliance with the physical-chemical quality objectives applicable to the water bodies with which they are confluted.

Section 5. Reuse of clean water

Article 75. Reuse of waste water.

1. In accordance with the provisions of Articles 59.1 and 109 of the recast of the Water Act, the reuse of waste water from the use of waste water requires administrative concession unless requested by the owner of the discharge in respect of which Only administrative authorisation shall be required. Any reuse of purified water shall be in accordance with the provisions of Royal Decree 1620/2007 of 7 December establishing the legal regime for the reuse of purified water.

2. Where the flow of flow rates being carried out in the course or the discharge of waste water is based on the achievement of the good condition of the water mass within the prescribed time-limits, the Hydraulic Office of Trade may urge the the holder of the discharge or discharge authorisation to consider the reuse of clean water as an alternative.

3. In addition, in the case of a new grant application, the Hydraulic Administration may reconduct such application in a regenerated water concession where, in accordance with the rules in force, the concessionary uses admit it.

CHAPTER 8

Organizational structures for the management of water services. Cost recovery. Economic and financial regime. Guidelines for demand management plans. Promoting transparency, citizen awareness and participation

Article 76. Guiding principles and measures to promote the management of water services.

1. The competent authorities shall promote the integrated management of supply and sanitation systems by promoting the creation and maintenance of management structures which are capable of ensuring optimum performance. of the networks, to provide a service whose management is professionalized and to tend to the recovery of the costs of the water services with the maximum efficiency.

2. Measures for the implementation of the principle of the recovery of costs of water services in accordance with Article 46 of the Regulation on Hydrological Planning shall be considered as measures for the creation and renewal of infrastructure supply and sanitation, in order to increase the efficiency of the networks and other measures for the efficient use of water: these aids will be awarded exclusively to those entities which justify the application of the principles of recovery of the costs of supply and sanitation services.

Article 77. Costs of water services.

For the purposes of the identification of the costs of the integral water cycle, at least all the costs necessary for the provision of water must be taken into account, regardless of the entity that incurs them, and which can be sorting into:

(a) Costs for the maintenance, operation and replacement of supply and sanitation networks, including both drinking water treatment stations (ETAP) and EDAR.

b) Amortization of investments and improvement programmes in the supply and sanitation networks, including both ETAP and EDAR (these improvement programmes should cover at least a 5-year period).

c) Low-network maintenance, operation, and replacement costs.

d) Amortisation of investments and improvement programmes in the supply and sanitation networks (these improvement programmes should cover at least a 5-year period).

e) Costs associated with customer service and subscriber management.

(f) Environmental costs arising from the provision of the supply and sanitation service. They correspond to the costs of the damage that water uses to the environment, to ecosystems and to the users of the environment.

g) Cost of the resource.

Article 78. Guidelines for the recovery of water service costs.

1. In accordance with Article 111 bis.2 of the recast text of the Water Act, in order to implement the principle of cost recovery, the administration with powers in the field of water supply will establish the tariff structures by (a) to meet the basic needs at an affordable price and to discourage excessive consumption, taking into account, inter alia, the social, environmental and economic consequences, and the geographical and weather conditions as long as they do not compromise environmental goals or objectives.

2. Guidelines for the charging of water services for urban and industrial uses:

(a) It is recommended that the tariffs have, in addition to a fixed quota, a compulsory and progressive variable quota based on water consumption.

b) It is proposed that the fixed quota should not include any minimum water consumption.

c) For the establishment of progressive tariffs, different sections of consumption are proposed with a scale of appropriate progressiveness to recover costs, save resources, and penalize inefficient and unsustainable consumption.

d) Differentiation in rates of different types of urban users, at least: domestic, industrial and commercial, is recommended.

e) The design of industrial tariff structures should take into account the costs associated with this use.

(f) For industrial uses, allowances may be considered as a function of the contribution to sustainable use and water saving through the use of available technical improvements.

Article 79. Demand management plans. Guidelines for their preparation.

1. It is recommended that the competent authorities in the management of water services be prepared for demand management plans that contribute to a comprehensive, rational and sustainable management of water in the river basin district.

2. The following guidelines are proposed for its preparation:

a) Establishment of information systems on water use with the objective of having information on the characteristics of the demand for water uses and their trends to develop policies for saving and rational use of water.

b) Control assurance by installing individual counters.

c) Promoting the use of water-saving technologies.

d) measures to improve network efficiency levels: progressive renovation of pipelines, rapid leak detection campaigns, and their minimization.

e) Tariff update under cost recovery criteria and water saving promotion.

f) Promoting awareness and information campaigns for users. It is necessary to ensure that all consumers are able to know their water consumption and their degree of efficiency, through the invoice and information and awareness actions for the promotion of savings.

g) Promoting participation spaces for a new water culture.

Article 80. Guidelines for the promotion of transparency and public awareness.

1. Transparency is an essential requirement that all administrations with powers in water services must comply with. For promotion, the following guidelines are defined which should be implemented by all managers.

a) Creation of an integrated information system that brings together all the data of interest generated by the different actors involved in the provision of water services such as those due to: infrastructures, demands water by type of user, costs and revenues of services, development of investments and subsidies of public bodies involved in the provision of services, at regional, state and European level.

b) The water pricing policy should be transparent and easy to understand so that it has an incentive effect and users make efficient use of resources. The dissemination of information among users on the different concepts of the rates of the comprehensive water cycle, as well as the environmental, social and economic benefits of efficient and sustainable use of the water, should be enhanced. resource.

c) Adaptation of the contents and processing of information from official surveys on water supply and treatment.

d) Establishment of the figure of a specialized autonomic regulator, which establishes and monitors the conditions and standards of the services and which establishes criteria for the setting of tariffs.

2. Citizen awareness is another element that must contribute to a more sustainable use of resources. In this line it is proposed:

a) Promote social awareness of water savings by trying to influence the behavior of citizens, businesses and institutions to make better use of water.

b) Implement public awareness and awareness campaigns that can be implemented through educational and training programmes, campaigns and communication activities, collaboration agreements between public administrations or through other means which are deemed appropriate and appropriate.

Article 81. Procedure for making public participation effective.

Without prejudice to the guidelines set out in the previous paragraph, which encourage public participation, the procedures for making it effective are set out in Chapter 10 of the Memory of the Plan.

Article 82. Financing of the programme of measures.

The relation of each and every one of the actions for the achievement of the environmental objectives is developed in the program of measures of the Hydrological Plan foreseen in the Memory of the Plan and its annex 3. If certain circumstances, such as the budgetary availability of the bodies identified for the financing of the programme of measures, make it impossible to carry out some or some of the actions, the competent body you can:

(a) Postpone the implementation of this action or group of actions in successive management plans (2016-2021, 2022-2027) provided that it is consistent with the fulfilment of the objectives set in this Hydrological Plan and with a appropriate monitoring of the programme of measures.

b) Replace such performance or group of actions with a new performance or group of actions for the purpose of ensuring compliance with the objectives set out in the Hydrological Plan in the terms set out in the Additional provision second.

CHAPTER 9

Monitoring and Review of the Hydrological Plan

Article 83. Monitoring of the Hydrological Plan.

1. In accordance with the provisions of Article 88 of the Hydrological Planning Regulation, the following aspects shall be followed:

a) Evolution of natural and available water resources and their quality. The study will take into account the effects of climate change on the amount of natural resources, environmental objectives and water demands.

b) Evolution of water demands.

c) Degree of compliance with the ecological flow rate regime.

d) State of the surface water and groundwater masses.

e) Implementation of measures and effects programmes on water bodies. The data resulting from this monitoring shall include at least the following information:

-Date of entry into service of the action or, in the case of management instruments, of entry into force.

-Effective investment and maintenance costs.

-Estimate the effectiveness of the measure.

2. Coordination mechanisms shall be developed for the collection of information and data necessary for the monitoring of the Hydrological Plan in accordance with Article 87 of the Hydrological Planning Regulation.

3. The authorities and administrations responsible for the implementation and implementation of the programme of measures shall provide information on the development of the measures during the first quarter of each year to the competent Hydraulic Administration. actions implemented during the previous year, in order to be able to comply with the reporting obligation under Article 87.4 of the Hydrological Planning Regulation.

Article 84. Review of the Hydrological Plan.

1. In accordance with Article 89 of the Hydrological Planning Regulation, the Hydrological Plan must be revised, on a proposal from the Water Council of the Demarcation or the Assembly of Users in the field of their respective competences, when any changes or deviations that are observed in your data, assumptions or results as appropriate.

2. In any case, in accordance with the additional eleventh provision of the recast text of the Water Law, a complete and periodic review of the Hydrological Plan will be carried out before December 31, 2015, and every 6 years thereafter.

Article 85. Review of the Special Drought Plan.

Special plans for action in situations of alert and eventual drought of the Eastern Cantabrian Hydrographic Demarcation will accommodate its cycle of revision to that of the Hydrological Plan in such a way as to verify that both the The system of indicators, such as measures for the prevention and mitigation of droughts, are consistent with the concrete objectives of the hydrological planning as they are updated in the successive revisions of the aforementioned Hydrological Plan.

Article 86. Review of the flood risk management plan.

1. The first flood risk management plan for the demarcation which, as provided for in Article 13 of RD 903/2010 of 9 July 2010 for the assessment and management of flood risk, shall be approved and published before 22 December 2015, will accommodate its cycle of revision to the Hydrological Plan of the demarcation, as established in Article 14 of the said Regulation, in such a way that it is verified that the objectives of the first are concordant with the fulfillment of the environmental objectives set out in the Hydrological Plan to be approved on the same date.

Article 87. Protected areas designated after the Hydrological Plan.

1. In accordance with Article 25 of the Hydrological Planning Regulation, the Register of Protected Areas shall be reviewed and updated regularly and specifically together with the update of the Hydrological Plan.

2. On the basis of the above paragraph, when the competent authority for the matter designates a new protected zone for the purposes of the hydrological planning, after the preparation of this Hydrological Plan, the same shall be incorporated into the Record of protected zones of this Hydrological Plan with the same effects as the protected zones included in the mentioned Registry, without the necessary procedures for consultation and approval of the Hydrological Plan defined in the Articles 80 and 83 of the Hydrological Planning Regulation.

ANEJOS

[Anejos omitted. Refer to the original PDF.]