Key Benefits:
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 configured by the recast text of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20; Law 10/2001 of July 5; Directive 2000 /60/EC of the European Parliament and the Council of 23 October establishing a Community framework for action in the field of water policy; Regulation of the Hydraulic Public Domain developing the preliminary titles I, IV, V, VI, VII and VIII of the recast of the Law of Water, approved by Royal Decree 849/1986 of 11 April; the The Hydrological Planning, approved by Royal Decree 907/2007, of 6 July; Order ARM/2656/2008, of 10 September, for which the Instruction of Hydrological Planning is approved; the Royal Decree 1620/2007, of 7 December, for which the legal regime for the reuse of the water-treated waters is established; Royal Decree 1514/2009 of 2 October, regulating the protection of groundwater against pollution and deterioration; Royal Decree 903/2010 of 9 of The Commission has been responsible for the evaluation and management of flood risks, and this is complemented by the management of the floods, referred to the flood plans, at the state level by the Council of Ministers Agreement of 29 July 2011 approving the State Plan for Civil Protection in the face of the risk of floods, and at the regional level by the respective special flood plans approved by the National Civil Protection Commission.
The previous regulatory framework is supplemented by Royal Decree 125/2007 of 2 February laying down the territorial scope of the river basin districts; Royal Decree 126/2007 of 2 February 2007 on the composition, operation and powers of the committees of competent authorities of river basin districts with inter-Community basins, and Royal Decree 1389/2011 of 14 October establishing the composition, structure and Operation of the Water Council of the demarcation of the Spanish part of the Demarcation Hydrographic of the Guadiana and by which the Royal Decree 650/1987, of 8 May, is amended, defining the territorial areas of the basin organizations and the hydrological plans.
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 The Convention on the Protection of the Marine Environment of the North-East Atlantic, made in Paris on 22 September 1992 and the Convention on Cooperation for Protection and the Protection of the Marine Environment of the North-East Atlantic, was made in Helsinki on 17 March 1992. sustainable use of the waters of the Spanish-Portuguese river basins, made in Albufeira on 30 June November 1998.
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. In this sense, the Royal Decree 125/2007, of February 2, has defined in its article 3.5 the Spanish part of the Hydrographic Demarcation of the Guadiana, which means that the territorial scope of this Plan includes, " the Spanish territory of the river basin of the river Guadiana, as well as the Spanish part of its transitional waters. The coastal waters are limited to the limit between the territorial sea of Portugal and Spain, and as a limit the line with orientation 177th that passes through the coastal boundary between the municipal terms of Isla Cristina and Lepe ".
In turn, the final provision of Royal Decree 1389/2011, dated October 14, provides, by amending Royal Decree 650/1987, that this Confederation "comprises the Spanish territory of the river basin of the river Guadiana".
Consequently, the Hydrographic Confederation of the Guadiana, being the Basin Agency of this Hydrographic Demarcation, has elaborated this Hydrological Plan that implies the repeal of the previous Hydrological Plans I and II of the Guadiana basin approved by Royal Decree 1664/1998 of 24 July, approving the river basin management plans, which also extends to the determinations of normative content of these Plans which were the subject of publication by the Order of 13 August 1999.
The competition of the Guadiana Hydrographic Confederation for this purpose is generally based on the provisions of article 23 (1) (a) of the recast text of the Water Law and has been expressed through its Board of Government and the Water Council of the Demarcation of the form that is related below.
The procedure followed by the Hydrographic Confederation of the Guadiana, for the elaboration of this Hydrological Plan has been developed in three stages: A first, in which according to the article 78.1 of the Hydrological Planning was developed a Work Program that included a schedule on the planned phases, a general study of the Demarcation and the Consultation Formulas; a second one in which an Interim Outline of Themes was elaborated Important in the field of water management of the Hydrographic Demarcation; and another third in which it is proceeded to the drafting of the Hydrological Plan itself.
In the second stage of the hydrological planning process, and following the mandatory public consultation over a period of six months, the Basin Agency produced a report on the proposals, comments and suggestions received. The Provisional Scheme of Important Issues in Water Management, incorporating to this document those that I consider to be appropriate, thus forming the document of Schemes of Important Issues in the field of water management.
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 aforementioned document of the Outline of Important Issues in the field of water management was submitted to the mandatory report of the Water Council of the basin and to the conformity of the Committee of the Competent Authorities of the Hydrographic Demarcation of the Guadiana. The Water Council of the basin at its meeting of 6 October 2010, the Document favorably reported. For its part, the Committee of Competent Authorities of the Guadiana Hydrographic Demarcation gave its agreement at its meeting of 13 October 2010.
In the third stage of the planning process, the Basin Agency drafted the Proposal for Project of the Hydrological Plan of the Spanish part of the Guadiana Hydrographic Demarcation. 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 addition, during the process of drawing up the Plan, it has been tried to provide the content of the plan with a pedagogical character that allows the different users of the water, the knowledge of the state regulations that serve as a regulatory framework and by which is governed by the same.
In parallel with the elaboration of the Hydrological Plan, in an interactive way 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 laid down in Law 9/2006, of 28 April, on the assessment of the effects of certain plans and programmes on the environment, in order to integrate the environmental in that schedule.
Consequently, on August 4, 2008, the Guadiana Hydrographic Confederation, responsible for the preparation of the hydrological plan and, therefore, a promoter in the process of strategic environmental assessment, issued the Initial document that began the process by which the corresponding environmental organ, the General Directorate of Quality and Environmental Assessment of the Ministry of the Environment, and the Rural and Marine Environment, current Ministry of Agriculture, was informed. Food and the Environment, the start of the process of elaboration of the hydrological plan, according to determines Article 18 of Law 9/2006, of April 28.
Following the mandatory consultation procedure for the public authorities concerned and the public concerned, the environmental body issued on 29 April 2009 the reference document, as provided for in Articles 9 and 19 of the Treaty. This Law, where the strategic environmental criteria are defined, the principles of sustainability applicable and the content of the information to be taken into account in the elaboration of the Environmental Sustainability Report of the plan hydrologic. This document is the basis for the drafting of the Environmental Sustainability Report by the sponsoring body.
The Environmental Sustainability Report identifies, describes and evaluates the likely significant effects on the environment arising from the Hydrological Plan of the Spanish part of the Hydrographic Demarcation of the Guadiana, as well as reasonable, technical and environmentally viable alternatives, including that of not drafting this Plan, which take into account the objectives and territorial scope of the plan.
Following the process of drawing up the plan, prior to the mandatory public consultation of the Proposal for a Project of Hydrological Plan and in order to promote and make effective the active participation of the parties In the planning process, the Basin Agency organized information days, workshops, and expert tables, in different places of the Hydrographic Demarcation directed to the general public, as well as the editing and dissemination of information brochures and surveys.
Later, the proposal for the Hydrological Plan Project and the Environmental Sustainability Report were submitted to public consultation for a period of six months (BOE No. 184 of 25 May 2011), ending on November 25. 2011.
The period of public consultation has been completed, the Hydrographic Confederation of the Guadiana has produced a report on the proposals and suggestions received on the proposal for the Hydrological Plan and the Sustainability Report. Environmental, incorporating those I consider appropriate. Subsequently, on November 22, 2012, the Basin Agency submitted the Proposal for Project of Hydrological Plan to the Demarcation Water Council's mandatory report.
In the final wording of the proposal for the Project of Hydrological Plan, the Environmental Memory, issued in November 2012, was taken into account and approved by the Secretary of State for the Environment on November 29, 2012. compliance with Article 80.4 of the Hydrological Planning Regulation.
With the agreement of the Committee of Competent Authorities of the Demarcation, at its meeting of 19 November 2012, the final drafting of the Project of Hydrological Plan was transmitted on November 22, 2012 to the Ministry of Agriculture, Food and the Environment. The Department submitted the project to the National Water Council, which issued its mandatory report dated December 13, 2012, as a step prior to its approval by royal decree by the Government.
In accordance with Article 42 of the recast text of the Water Law, the content of this hydrological plan comprises a Memory with fourteen years, in which it is developed: the general description of the Demarcation, which includes the very modified water bodies and the inventory of resources; the description of the uses, demands and pressures on the water; the priorities of uses and allocation of resources, including the regime of ecological flows and the systems of exploitation and balance sheets; identification and maps of protected areas; control and state programmes of water bodies; environmental objectives for water bodies; the diagnosis of compliance with environmental objectives; economic analysis of water use, including information on the recovery of water costs; water services; related plans and programmes; droughts and floods; the programme of basic and complementary measures; public participation, including information, public consultation and active participation throughout the process of preparation of the plan; monitoring of the hydrological plan; the list of competent authorities of Demarcation, points of contact to obtain the basic documentation and information required by public consultations and an atlas of maps.
In this sense, following the provisions of Article 81 of the Regulation of Hydrological Planning, the documentation of the Hydrological Plan of the Spanish part of the Guadiana Hydrographic Demarcation is structured in, by a The Memory, accompanied by fourteen years and, on the other hand, the Normative, that together with its eleven appendices, includes the determinations of normative content of the Hydrological Plan and that it forms an inseparable part of the present royal decree. Without this being binding, the content of the plan provided for in the report and its annexes, in particular the programme of measures, will be rendered 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, its binding part, is structurally in the cited "Normative", but it does not therefore cease to have the rest of the Program of measures character of mandatory compliance.
The advertising of the hydrological plan, taking into account the extent of each of the parts in which it is structured, is materialized through: The formal publication of the normative content of the plan and its appendices, together with the real Decree of approval, in the "Official Gazette of the State"; and the publication of the Memory and its annexes on the website of the Hydrographic Confederation of the Guadiana.
The royal decree consists of two articles, seven additional provisions, a derogation provision, which will repeal the Hydrological Plans of the Guadiana I and Guadiana II basin of 1998, and two final provisions, and The Regulations of the Hydrological Plan.
The new Regulation, which is adopted, consists of 59 articles, structured in nine chapters devoted to the territorial area and the definition of bodies of water (Chapter I), the environmental objectives (Chapter II), the ecological flows (Chapter III), the priority and compatibility of uses (Chapter IV), the allocation and reserve of resources (Chapter V), the use of the Hydraulic Public Domain (Chapter VI), the protection of the Public and Water Domain quality of water (Chapter VII), the economic and financial system of the use of Hydraulic Public Domain (Chapter VIII) and the monitoring and review of the Hydrological Plan (Chapter IX).
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 17 May 2013,
DISPONGO:
Article 1. Approval of the Hydrological Plan of the Spanish part of the Guadiana Hydrographic Demarcation.
1. According to the provisions of Article 40.5 of the recast of the Water Law, approved by Royal Legislative Decree 1/2001, of July 20, the Hydrological Plan of the Spanish part of the River Demarcation of the Guadiana is approved.
2. The structure of the Hydrological Plan of the Spanish part of the Guadiana Hydrographic Demarcation pursuant to Article 81 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July, is the next:
(a) A Memory and 14 years with the following titles: Designation of water bodies of a very modified and artificial nature (Annex 1); additional characterization of underground masses at risk of not meeting the objectives (annex 2); inventory of resources (Annex 4); inventory of pressures (Annex 5); ecological flows (Annex 6); allocation and reserve of resources (Annex 7); protected areas (Annex 8); assessment of the state of the masses of water (Annex 9); cost recovery (Annex 10); programme of measures (Annex 11); objectives environmental and exemptions (Annex 12); public participation (Annex 13) and mapping (Annex 14).
(b) A Regulation of the Plan which is inserted into this royal decree accompanied by 11 appendices with the following titles: Identification and characterization of water bodies (Appendix 1); reference conditions and limits of change Class of status/ecological potential of quality elements (Appendix 2); environmental objectives of water bodies (Appendix 3); ecological flow rate (Appendix 4); programme of measures (Appendix 5); resource exploitation systems (Appendix 6); distribution of water resources. Quantification of water resource allocations to demand units. Situation in 2015 (Appendix 7); water demand allocations for use (Appendix 8); conditions for the private use of groundwater (Appendix 9); inventory of natural river reserves (Appendix 10); environmental objectives of the plan hydrologic and monitoring indicators (Appendix 11).
3. The territorial scope of the Hydrological Plan of the demarcation is defined in Article 3.5 of the Royal Decree 125/2007 of 2 February, which establishes 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 foreseen in the Project of Hydrological Plan of the Spanish part of the River Demarcation Of the Guadiana, will be subjected, previously 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. Shared groundwater masses.
In accordance with Article 9.2 of the Hydrological Planning Regulation, the underground water bodies of the Guadiana Hydrographic Demarcation as mentioned in the Regulations as related to other border demarcations and the allocation of resources available among them, in the case that differ from Law 10/2001, of July 5, of the National Hydrological Plan, will serve as a proposal for its modification.
Additional provision second. Border and cross-border water bodies.
The designation of the border and cross-border water bodies of the Guadiana Hydrographic Demarcation, its typologies, reference and state conditions, as well as the environmental objectives defined in the This Hydrological Plan may be amended in accordance with the results of the cooperation work with Portugal carried out by the Ministry of Agriculture, Food and the Environment under the Convention on Cooperation for the the protection and sustainable use of water in river basins Spanish-Portuguese, done at Albufeira on 30 November 1998 and amended by the Protocol of revision made in Madrid and Lisbon on 4 April 2008.
Additional provision third. Public Utility Statement.
In accordance with Article 44.2 of the recast text of the Water Act, and Article 91 of the Hydrological Planning Regulation, they are declared to be of public utility for the purposes of the Law of 16 December 1954, Forced expropriation, all related infrastructures in the Program of Measures of the Project of the Hydrological Plan of the Demarcation, as well as the lands that are not of precise public domain for the achievement of the environmental objectives of the surface water masses of the Plan.
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 Guadiana. This information will also be available on the website of this Confederation (www.chguadiana.es).
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.
The application of this royal decree will not result in any increase in personnel spending. The new human resources requirements, which may arise as a result of the regulatory obligations in question, must be met by reordering or redistributing the personnel.
Additional provision sixth. Program of measures.
Within the Programme of Measures, which is an inseparable part of this hydrological plan, actions that have an impact on water bodies that have a state or a state will be prioritised, depending on the available budget. potential worse than "good", in order to achieve the proposed environmental objectives and 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 Regulations referred to in Article 1.2.b) from which their own wording is binding.
Additional provision seventh. Update and review of the Hydrological Plan of the Spanish part of the Guadiana Hydrographic 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 repeal provision. Repeal of the Water Plans of Guadiana I and Guadiana II.
Article 1 (1) (d) of Royal Decree 1664/1998 of 24 July 1998 approving the Guadiana I and Guadiana II Hydrological Plans and the Order of 13 August 1999 for the publication of the determinations of the normative content of the Water Plans I and II of the Guadiana basin approved by Royal Decree 1664/1998, of 24 July.
Final disposition first. Competence title.
This royal decree is issued in accordance with the provisions of Article 149.1.22. of the Spanish Constitution which attributes to the State jurisdiction over legislation, the ordination and the granting of resources and the use of water. when the waters run through more than one Autonomous Community.
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 May 17, 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 RIVER BASIN DISTRICT OF GUADIANA
Rules and Stubs
INDEX
Chapter I. Territorial scope and definition of water bodies.
Article 1. Territorial scope of the Hydrological Plan.
Article 2. Designation and characterization of water bodies.
Article 3. Reference conditions of the water bodies.
Chapter II. Environmental objectives.
Article 4. Environmental objectives of the water bodies.
Article 5. Temporary deterioration of the state of the water masses.
Article 6. Conditions for new modifications or hydromorphological alterations.
Chapter III. Ecological flow rate regime.
Article 7. Ecological flow rate regime.
Article 8. Compliance with the ecological flow rate regime.
Article 9. Implementation of ecological flows.
Article 10. Monitoring and monitoring of ecological flows.
Article 11. Quantitative status of the groundwater masses and allocation of resources for the recovery of the natural environment of the Daimiel Tables.
Chapter IV. Priority and compatibility of uses.
Article 12. Classification of water uses.
Article 13. Order of preference between uses.
Article 14. Order of use priority.
Article 15. Usage compatibility criteria.
Chapter V. Allocation and Reserve of Resources.
Article 16. Definition of Water Resource Operating Systems.
Article 17. The hydrological and territorial scope of the resource exploitation systems.
Article 18. Allocation of water resources.
Article 19. Reserve of land.
Article 20. Reservation of tranches.
Article 21. Consideration of public utility of the actions of the Action Programme.
Chapter VI. Use of the Hydraulic Public Domain.
Section 1. General provisions on authorizations and concessions.
Article 22. General rules on concessions.
Article 23. Minor concessions.
Article 24. Water envelopes for use of population supply.
Article 25. Water envelopes for agricultural use.
Article 26. Endowments for industrial use.
Article 27. Endowments for other uses.
Article 28. Concessions for irrigation.
Article 29. Concessions for hydropower.
Article 30. Concessions for industrial use.
Section 2. Authorization, concession and exploitation of groundwater.
Article 31. Conditions of compatibility with the Hydrological Plan for the granting of rights and exploitation of groundwater.
Article 32. Conditions for concessions for the use of groundwater.
Article 33. Sealing of groundwater fetches.
Article 34. Artificial recharge of aquifers.
Article 35. Deep water recirculation in aquifers for the production of heat or cold.
Article 36. Taking advantage of legal provision.
Article 37. Of other conditions for the private use of groundwater.
Article 38. Specific conditions for the exploitation and exploitation of groundwater bodies at risk of not achieving a good quantitative status.
Chapter VII. Protection of the Water Public Domain and water quality.
Section 1. General Standards, Apec and Dislinde of the Public Hydraulic Domain and Protection Zones.
Article 39. Improvement of the morphology and environmental quality of the channels.
Article 40. Flood protection.
Article 41. Criteria for the delimitation of the Public Domain Hydraulic and flood zones.
Article 42. Criteria for the sorting of flood zones.
Article 43. Actions in resource shortage situations.
Article 44. General rules on the authorisations of works and other uses of the Hydraulic Public Domain.
Article 45. River natural reserves.
Article 46. Protected zones.
Article 47. Protection perimeters in groundwater fetches intended for human consumption.
Article 48. Protection of groundwater against the intrusion of salt water.
Section 2. Vertids.
Article 49. Discharge authorizations.
Article 50. Urban discharges.
Article 51. Discharges from industrial areas.
Article 52. Discharges from the activities included in the environmental liability legislation.
Section 3. Water Reuse.
Article 53. Reuse of purged wastewater.
Article 54. Recirculation of irrigation returns.
Chapter VIII. Economic-financial regime of the use of the Public Water Domain.
Article 55. Applying the principle of cost recovery.
Chapter IX. Monitoring and review of the Hydrological Plan.
Article 56. Natural river reserves designated after the hydrological plan.
Article 57. Follow-up to the Plan.
Article 58. Agents of the Plan.
Article 59. Organization and procedure for making public participation effective.
Stubs:
Appendix 1. Identification and characterization of water bodies.
Appendix 2. Reference conditions and status class change limits/ecological potential of quality items.
Appendix 3. Environmental objectives of the water bodies.
Appendix 4. Ecological flow rate regime.
Appendix 5. Program of measures.
Appendix 6. Resource exploitation systems.
Appendix 7. Distribution of water resources. Quantification of water resource allocations to demand units. Situation as of 2015.
Appendix 8. Water demand envelopes for use.
Appendix 9. Conditions for the proprietary use of groundwater.
Appendix 10. Inventory of natural river reserves.
Appendix 11. Environmental objectives of the hydrological plan and monitoring indicators.
CHAPTER I
Territorial scope and definition of water bodies
Article 1. Territorial scope of the Hydrological Plan.
The River Basin Demarcation is an international demarcation shared with Portugal. The territorial scope of this Hydrological Plan, according to the content of article 3.5 of the Royal Decree 125/2007, of 2 February, for which the territorial scope of the river basin is fixed, is the Spanish territory of the basin the river Guadiana, as well as the Spanish part of its transitional waters; the coastal waters have as limit the limit between the territorial sea of Portugal and Spain, and as a limit the line with orientation 177th passing through the coastal boundary between the municipal terms of Isla Cristina and Lepe.
Article 2. Designation and characterization of water bodies.
In the present Hydrological Plan the natural masses of surface water, the masses of artificial water, the very modified bodies of water, the masses of groundwater and the masses of groundwater related to masses are designated. of groundwater from other demarcations, which are related and characterized in Appendix 1 together with their corresponding cartographic representation. In the case of the underground water masses, the list of the geographical coordinates that define their contour referring to the Universal Transverse map of Mercator (UTM), zone 30, and the Geodesic System of Reference is provided. European Land Reference System 1989 (ETRS89). The transformation of coordinates to the geodetic system mentioned is the one indicated by the National Geographic Institute, according to Royal Decree 1071/2007, of July 27, which regulates the geodetic system of official reference of Spain.
Article 3. Reference conditions of the water bodies.
The reference conditions for the different types of designated surface water masses are defined in Appendix 2.
CHAPTER II
Environmental goals
Article 4. Environmental objectives of the water bodies.
1. The environmental objectives of the water bodies of the Demarcation and the deadlines for their achievement are listed in Appendix 3.
2. Compliance with the environmental objectives of the water bodies of the Demarcation and the deadlines for reaching them are subject to the implementation and effective development of the set of actions and temporary programming that are defined in the Plan Measures Programme in Appendix 5.
Article 5. Temporary deterioration of the state of the water masses.
1. In accordance with Article 38.1 of the Hydrological Planning Regulation, the conditions due to natural or force majeure which are exceptional or have not been reasonably foreseen in which the temporary deterioration of the State of one or more water bodies are as follows:
a) Serious floods. For these purposes, those produced by avenues with a return period of more than 25 years shall be construed as such.
b) Prolonged Drought. The effects defined in Article 7.7 shall be considered as such.
c) Accidents not reasonably foreseen. Occasional accidental discharges, failures in waste storage systems, accidental discharges into industries and accidents in transport will be taken into account. Circumstances arising from forest fires shall also be considered.
2. The conditions for admitting the temporary deterioration of the state of the water bodies are those set out in Article 38.2 of the Hydrological Planning Regulation, and the measures referred to in Article 52 of that Regulation have been adopted. Regulation on the prevention or reduction of the impact of episodes of accidental contamination.
3. Under conditions of temporary deterioration of the water bodies, the permissible limit values for the physical-chemical and biological indicators used to determine the status of the water bodies are detailed in Appendix 2.
4. The system of less demanding ecological flows, associated with prolonged drought situations, will not apply in the sections of the channels included in the Natura 2000 and the RAMSAR Wetlands, in any case the rule on supremacy of use for stock supply.
Article 6. Conditions for new modifications or hydromorphological alterations.
1. In order to permit the deterioration of the condition of one or more bodies of water as a result of a new modification or alteration, the following shall be complied with, in addition to those referred to in Article 39 of the Hydrological Planning Regulation. conditions:
(a) In the case of declared actions of general interest, the report of viability required in accordance with Article 46.5 of the recast of the Water Act has been made prior to the execution of the works; approved by the Royal Legislative Decree 1/2001 of 20 July, referring to the justification of its economic, technical, social and environmental viability.
(b) For actions which have not been the subject of the declaration of general interest referred to in the preceding paragraph, a justification and description of the new modification or alteration shall be required together with the objectives pursued, the gap introduced with respect to the defined environmental objectives, the measures taken to alleviate the adverse effects, the reasons for the new modifications or alterations, the assessment of the benefits of the amendments and comparison with the benefits associated with meeting environmental objectives, the analysis of alternative means, the benefits obtained by the new modification or alteration, the assessment of possible alternatives along with the socio-economic and environmental consequences arising.
2. In the environmental impact assessment procedure of the actions bearing associated modifications or hydromorphological alterations that potentially involve a deterioration of the state of one or more bodies of water, the environmental organ competent, after report of the Hydrographic Confederation of the Guadiana, shall verify the compliance of all the conditions referred to in the previous paragraph.
3. The details of the modifications to the identification, characterization and status of the water bodies affected by the actions finally implemented shall be detailed in the relevant resolution of the competent authority to the effect and collected in the next review of the Hydrological Plan.
CHAPTER III
Ecological Flow Rates
Article 7. Ecological flow rate regime.
1. In accordance with the studies carried out and the concertation process carried out, the system of ecological flows under normal conditions and the system of ecological flows under conditions of prolonged drought for the water bodies of the Community is adopted. river category listed in Appendix 4.
2. The ecological flow rate regime will be updated in the next revision of the Hydrological Plan, which, in accordance with the additional eleventh provision of the recast text of the Water Law, will be before December 31, 2015. then every six years.
3. The ecoflow system established for the transitional waters may be amended in accordance with the results of the cooperation work with Portugal, carried out by the Ministry of Agriculture, Food and the Environment in the Framework of the Convention on Cooperation for the Protection and Sustainable Use of the Spanish-Portuguese Watersheds, made in Albufeira on 30 November 1998 and amended by the Conference of the Parties meeting in April 1998 2008.
4. In the absence of specific detailed studies, the determination of the ecological flow rate in the water bodies not related to Appendix 4 shall be taken into account as the reference value for a range of 5% to 15% of the average annual contribution on a natural basis.
5. In accordance with the provisions of the Regulation on Hydrological Planning, the system of ecological flows shall be amended in the event of prolonged drought and the conditions laid down in Article 38.2 of that Regulation shall be fulfilled. temporary deterioration of the state of the water masses.
6. In accordance with the recorded rainfall regime, the Basin Agency shall establish the start of the dry periods together with the territorial scope and the operating subsystems concerned, reviewing the situation on a monthly basis and communicated for the appropriate purposes to the competent bodies and departments.
7. Prolonged drought means that the corresponding SPI value (standardized annual precipitation rate) of the year of study is less than -1.28, or, where the SPI of the year of study and the previous two years is less than -0.675, being:
Where:
Xi: Year I Annual Precipitation;
MXi: average annual precipitation of the series of years considered;
S: standard deviation of the annual precipitation series considered.
8. The generating flow rates shall be applied before the start of the irrigation campaign, in the third year of hydrologic, in which they have not been presented in a natural manner and have not been qualified as prolonged drought in accordance with the defined criteria in paragraph 7. The generating flows must be reached within six hours, one hour remaining and six hours down.
Article 8. Compliance with the ecological flow rate regime.
The ecological flow rate set out in Article 7 and Appendix 4 shall be understood to be met where the following conditions are met:
a) That the monthly minimum volumes be exceeded in eleven of the twelve months of the hydrological year.
b) That the minimum monthly volume at a control station is not less than 10% at the minimum monthly volume fixed in the mass.
c) That the daily minimum flow rate is not less than 10% at the corresponding minimum rate for the month.
Article 9. Implementation of ecological flows.
Regardless of the requirement for compliance with the conditions laid down in existing water concessions, the ecological flow rate regime will be implemented in a manner consistent with development and temporary planning. of the actions referred to in the Programme of Measures affecting their compliance and taking into account the implementation Cronogram included in Appendix 5. In accordance with the above, the ecological flow rate regime will not be required until the implementation and effective implementation of the actions referred to in the Action Programme will be implemented. In addition, compliance with ecological flows in tranches related to underground water masses in a quantitative condition shall not be required until such bodies of groundwater reach the good quantitative status.
Article 10. Monitoring and monitoring of ecological flows.
1. The official control of the ecological flow rate regime shall be carried out by the Basin Agency. This control shall be carried out only and exclusively at the capacity stations belonging to the Official Network of the Aforo Stations and to the Network of the Automatic Hydrological Information System which are detailed in Appendix 4.
2. Exceptionally, the Basin Agency may carry out checks on compliance with the ecological flow rate regime by means of "in-situ" capacity on those parts of the hydrographic network considered appropriate for that purpose.
Article 11. Quantitative status of the groundwater masses and allocation of resources for the recovery of the natural environment of the Daimiel Tables.
1. For the purposes of this regulation, a mass of groundwater is considered to be in a bad quantitative state when its operating rate (obtained as the ratio between the volume associated with the extraction rights and the resource) available), is greater than 0.8 and there is also a clear tendency to decrease its piezometric levels in a relevant zone. They shall have the same status as a quantitative disease, the bodies of groundwater subject to anthropogenic alterations that impede the achievement of the environmental objectives for the associated surface waters which may cause damage to the surface water. associated existing ecosystems or an alteration of the flow generating salinization or other intrusions.
2. According to the definition of the first paragraph, the following table n. 1, defines the maximum available resource and quantitative status of the groundwater masses of the Demarcation, at the time of the Plan's approval.
Table 1. Bodies of groundwater. Maximum available resource and quantitative status
| Naming | Maximum available resource (hm3/year) | Quantitative | ||
|---|---|---|---|---|
| 30596 | Ayamonte | 9.5 | Good. | |
| 30597 | Vegas High (*) | 64.8 | Good. | |
| 30598 | The Pedroches | 4.2 | Good. | |
| 30599 | Vegas Boxes (*) | 68.9 | Good. | |
| 30600 | The Obispalia | 2.3 | Good. | |
| 30601 | Bullaque | 19.3 | Good. | |
| 30602 | Azuer Aluvial | 0.8 | Bad. | |
| 30603 | The Jabalon Aluvial | 1.5 | Bad. | |
| 30604 | Aroche-Jabugo | 4.6 | Good. | |
| 30605 | Gevora Header | 2.3 | Good. | |
| 30606 | Western Channel I (***) |
91.2 | Bad. | |
| 30607 | Altomira Sierra (***) | 26.0 | Bad. | |
|
30608 | Rus-Valdelobos (***) | 24.6 | Bad. | |
|
30609 | Montiel field (**) |
9.0 | Bad. | |
|
30610 | Lille-Quintar (***) |
17.0 | Bad. | |
|
30611 | Western Channel Ii (***) | 106.2 | Bad. | |
| 30612 | Barros Earth | 25.6 | Bad. | |
| 30613 | Zafra-Olivenza | 37.9 | Good. | |
|
30614 | Calatrava field | 19.9 | Bad. | |
| 30615 | Consuegra-Villacanas (***) |
28.0 | Bad. | |
|
(*) The quantification of the available resource includes natural and produced by the Irrigation returns with surface water. (**) Field of Montiel. Adaptation of the extraction regime according to the climatic sequences: June-September period: 3-10 hm3. Annual period: 5-17 hm3. In extraordinarily dry years (lower than 10 percentile) the summer minima can be reduced to 1.5 hm3 and the minimum annual to 4 hm3 and in the extraordinarily humid years (upper 90 percentile), may be extended the maximum annual limit up to 28 hm3. The extraction between the maximum of summer and the total annual will be realized outside the period June-September both included. The management criteria shall be defined in the Action Programme. (***) The action programmes of these bodies of groundwater may provide for multi-annual operating schemes depending on the state of the operation. | ||||
3. In order to avoid the deterioration of the quantitative state, to promote the fulfillment of the environmental objectives and to achieve the good condition of the masses of groundwater subjected to an important extractive pressure, the masses of water underground in a quantitative condition must be declared at risk of not achieving a good quantitative status in accordance with article 56 of the recast of the Law of Waters and Article 171 of the Regulation of the Public Domain develops the preliminary titles, I, IV, V, VI and VIII of the recast text of the Water Law, approved by the Real Legislative Decree, 1/2001, of July 20, approved by Royal Decree 849/1986, of April 11.
4. According to Royal Decree-Law 8/1995 of 4 August, adopting urgent measures to improve the use of the Tajo-Segura transfer, the upper basin of the river Guadiana will be able to receive a contribution from external resources for an average volume derivative, computed over a maximum period of ten years, not exceeding 50 hm3. The source of these external resources will be the River Basin Demarcation through the Safe Tagus Aqueduct.
When the situation of the water levels of the National Park of the Boards of Daimiel requires it and upon request of the management organ of the same, special authorizations for the maintenance of levels can be granted Minimum water in the Park, up to a maximum of 10 hm3 per year from the groundwater mass of Western Channel I from the fetches executed to the effect in the Park environment. All of this is without prejudice to the 2 hm3 from the acquisition of water rights for underground use in the vicinity of the National Park.
5. In order not to deteriorate and maintain the good quantitative status of the groundwater bodies identified in Table 1, the maximum annual extraction volumes shall not exceed the maximum available resource defined in that table.
CHAPTER IV
Use priority and compatibility
Article 12. Classification of water uses.
1. For the purposes of Article 12 of the Hydrological Planning Regulation, and following the classification provided for in Article 60.3 of the recast text of the Water Act, the following uses of water are considered:
a) Population supply:
a.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.
a.2) Other supplies outside of urban cores.
b) Agricultural uses:
i) Regadios.
ii) Livestock.
iii) Other agricultural uses.
c) Industrial uses for the production of electrical energy:
i) Thermal power plants for renewable energy: thermosolar and biomass.
(ii) Non-renewable energy thermal power plants: nuclear, coal and combined cycle.
iii) hydroelectric power stations.
(d) Other industrial uses not included in the above paragraphs:
i) Industries producing consumer goods.
ii) Tourism and leisure industries.
iii) extractive industries.
iv) Driving force production.
e) Aquaculture.
f) Recreational uses.
g) Navigation and water transport, including navigation of goods and people.
h) Other uses:
i) Public in character.
ii) Private in character.
2. For the purposes of this regulation, it is understood by human consumption that it is related to drinking, cooking, preparing food and personal hygiene.
3. 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.
4. Recreational uses are included, which are not in the previous section, 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, canoeing, rowing, motor boats, water skiing, etc.) or bravas (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 13. Order of preference between uses.
Taking into account the requirements for the protection and conservation of the resource and its environment, and without prejudice to its modification in exceptional situations in accordance with Article 58 of the recast of the Water Law and respecting the priority nature of the supply, the order of preference between the different uses of water for the different systems of resource exploitation is as follows:
1. Eastern Operating System:
1. Population Supply.
2. Industrial uses for the production of electrical energy with the exception of hydroelectric power plants, and other industrial uses included in Article 12.1.d).
3. Agricultural Uses.
4. Industrial uses for the production of electrical energy in hydroelectric power plants.
5. Aquaculture.
6. Recreational Uses.
7. Navigation and water transport, including navigation of goods and people.
8. Other uses:
a) Public in character.
b) Private in character.
2. Central Operating System and Squirrel Exploitation System:
1. Population Supply.
2. Industrial uses for the production of electrical energy in renewable energy thermal power plants: thermosolar and biomass.
3. Agricultural Uses.
4. Rest of industrial uses for the production of electrical energy and other industrial uses not included in the preceding paragraphs.
5. Aquaculture.
6. Recreational Uses.
7. Navigation and water transport, including navigation of goods and people.
8. Other uses:
a) Public in character
b) Private character
3. Southern Operating System: The order of preference between the different uses of water in the Southern Operating System, in accordance with Article 23.2 of Law 9/2010, of July 30, of Aguas de Andalucía, is as follows:
1. Domestic Usos for the satisfaction of the basic needs of mouth and sanitation consumption.
2. Non-domestic urban Usos in low-water economic activities.
3. Agricultural, industrial, tourism and other non-urban uses in economic activities and urban uses in high consumption economic activities.
4. Other uses not set in the previous sections.
Article 14. Order of use priority.
1. In general, within the same type of use or of the same class, in the event of incompatibility, and on an equal basis, the Basin Agency shall determine the priority of the use in a reasoned manner, considering the following: criteria:
(a) The actions that provide for a policy of saving and more efficient use of the water resource and incorporate the best techniques to achieve an improvement of their quality, together with the recovery of the values The environmental impact of the environmental impact of the project.
b) The joint and coordinated exploitation of all available resources, including sewage, desalinated water and aquifer recharge experiences.
c) Community and cooperative projects, in the face of individual initiatives, and prefer, in any case, those actions of greater public utility, in the light of their social and economic impact.
(d) Requests for use in the operating system where the resource is generated for those other than those that use it in other areas, without prejudice to the provisions of other articles of this regulation.
2. In agricultural uses, they will have priority:
(a) In the registered use, those who are declared of general interest, national or autonomous in relation to the rest.
b) In the new transformations and in the expansion of existing advantages those declared of general interest.
c) Among the benefits to new regadios will take priority for those who are qualified as being of social interest.
(d) The fact that it is located in areas that have previously sacrificed areas or irrigation facilities for the benefit of environmental or hydrogeological elements and services or services or services or public infrastructure.
3. In the Southern Operating System, the Basin Agency shall determine the order of priority of use, considering the criteria set out in Article 24 (4) of Law 9/2010, of July 30, of Aguas de Andalucía, which are as follows:
a) The different uses will be preferred to those that guarantee the basic needs for domestic consumption and environmental needs in order to achieve the good ecological status of the waters.
b) In the uses for the development of economic activities will be valued according to its sustainability, impact on the fixing of the population to the territory, the maintenance of territorial cohesion and the greater added value in terms of job creation and wealth generation for Andalusia.
4. The Basin Agency shall, whenever feasible, provide for the allocation of resources with a water economy criterion, so that the same stream is used for several simultaneous purposes, respecting the ecological flow rate regime. established in this Plan and the environmental objectives of the associated water bodies.
Article 15. Usage compatibility criteria.
1. In general, uses which do not involve a consumption exceeding the available resources or a reduction in the quality required for subsequent uses are compatible with the other uses, with the exception and the conditions set out in the paragraphs next.
2. The following uses are compatible with the use of population supply, with the following conditions and conditions:
(a) Hydroelectric power production: Provided that the turban water is that of the consumption for the supply and that a storage or modulation counter-reservoir is necessary.
b) Aquaculture: Whenever the return of aquaculture facilities does not worsen the quality of water required for supply.
(c) Non-contact recreational (fluvial fishing, rowing, sailing, sailing or electric motor), with the exception of the use of an explosion engine (petrol or diesel), and provided that the measures laid down for the purpose are respected. navigation, in particular the decontamination of the vessels and, where appropriate, the system of operation of the reservoir.
d) Recreational contact (bath), provided that such activity is carried out with respect to the bathing area enabled for the purpose and, in particular, the appropriate distance from direct water outlets or dam drains, in such a way as to ensure that the self-cleaning effect is sufficient to ensure that the quality of the water collected is not altered.
3. They are compatible with agricultural use, with the following conditions and exceptions:
(a) Production of hydroelectric power, provided that it is carried out when ancillary works of regulation or modulation are necessary.
b) Aquaculture.
(c) Recreational, except for the limitations of the motor vehicle of explosion (petrol or diesel) in the case of reservoirs with problems of water quality or which are expected to be able to have them for contamination by the indicated navigation.
4. They are compatible with the use of aquaculture, with the following exceptions:
a) Hydroelectric power production.
(b) Recreational uses, provided that the quality of the required water is not altered, to the effect that it may be limited by the Basin Agency in a resolution which in such a case is dictated. For their part, the returns of aquaculture facilities shall comply with the microbiological limits laid down in the health regulations in force at any time when the use is authorised for bathing in lower tranches.
5. In any other case not previously contemplated, the Basin Agency shall resolve in accordance with the above criteria.
CHAPTER V
Resource allocation and reserve
Article 16. Definition of systems for the exploitation of water resources.
In accordance with the provisions of Article 19.5 of the Hydrological Planning Regulation, the River Basin District of the Guadiana is adopted as a single operating system. In turn, the following partial resource exploitation systems are adopted:
a) Eastern System. It is divided into the subsystems called Alto Guadiana, Bullaque and Tirteoutside,
b) Central System,
c) Ardila System and
d) Southern System.
Article 17. The hydrological and territorial scope of the resource exploitation systems.
The territorial scope of the resource exploitation systems is defined in Appendix 6 along with its cartographic representation.
Article 18. Allocation of water resources.
1. A water resource shall be defined as the annual volume required to satisfy a unit of demand with the guarantee criteria adopted. This allocation is made according to the order of preference and priority of uses set out in Articles 13 and 14 of this regulation and is characterised by being associated with a specific use.
2. All the resources assigned carry the obligation of their registration in the Register of Water of the Hydrographic Confederation of the Guadiana in the form of law or, in case of an appeal not yet granted, with character of reservation in favor of the Agency basin. This reserve will be reduced as the grant of allowances for the allocations made will be produced.
3. In accordance with the order of preference between uses set out in Article 13, the allocation of the available resource to the inventory-based demand units in the Demarcation Exploitation Systems appears detailed in Appendix 7.
4. For units of demand that present more than one source or source of water resource, the origin, distribution of the allocated resource and order in their use shall be respected as indicated in Appendix 7.
5. Individual allocations to population centres may exceed, with a maximum of 5%, the result of multiplying the allocations defined in Article 24 by the inhabitants provided for in the Plan, provided that the allocation is not exceeded. maximum to the corresponding urban demand unit set out in Appendix 7.
6. For the groundwater masses related to the following table n. º 2 a percentage of their natural resource is allocated to the use of population supply. Such a circumstance shall be taken into account in the granting of groundwater concessions for uses other than that referred to above, while respecting that allocation.
Table n. º 2. groundwater with specific allocation of available water resources to the use of population supply
| Naming | Available natural resource (hm3/year) | Natural resource available for use of population | ||
|---|---|---|---|---|
|
(%) |
3/year | |||
| 30601 | Bullaque |
19.3 | 30 | 5.79 |
| 30605 |
| 30 | 0.6 | |
| 30604 | Aroche-Jabugo | 5.0 | 30 | 1.5 |
Article 19. Reserve of land.
In general terms, the reserves of land necessary for the development of the infrastructure and actions contained in the Program of Measures detailed in Appendix 5 are established in favour of the Basin Agency.
Article 20. Reservation of tranches.
1. In accordance with Article 43.1 of the recast text of the Water Law and Article 92.1 of the Regulation of the Public Hydraulic Domain, the sections and hydroelectric potential associated with the actions of the basin are reserved in favor of the basin body. Hydro-electric use in infrastructure of the State listed below and which are contained in the Programme of Measures:
a) Presas: Andevalo, Ruecas, Villalba de los Barros, Burdalo, Cancho del Fresno, Montijo, Alcollarin, Los Molinos, Torre de Abraham, Penarroya, El Vicario y Gasset.
b) System of channels and acequies associated with the distribution network of the regions of: Montijo, Lobon, Las Dehesas, Orellana and Zujar.
2. The Basin Agency, in accordance with the content of the Program of Measures, will carry out in collaboration with the competent authorities, studies on the energy potential of the basin for the identification of uses, with a view to achieve its maximum use. As a result of these studies, the sections of the river that will be the subject of reserve for hydroelectric use will be defined. The Basin Agency shall execute, either directly or grant to third parties, the works and exploitation of the identified energy uses.
Article 21. Consideration of public utility of the actions of the Action Programme.
In accordance with the provisions of Article 44.2 of the recast of the Water Law and Article 94 of the Regulation of the Public Hydraulic Domain and for the purposes of the forced expropriation of affected goods Article 9 of the Law on Compulsory Expropriation, of 16 December 1954, the actions of the Program of Measures of the Hydrological Plan will have implicit the consideration of public utility and social interest, according to established in Article 10 of the Law on Compulsory Expropriation, as it is a State Plan.
CHAPTER VI
Using the Hydraulic Public Domain
Section 1. General provisions on authorizations and concessions
Article 22. General rules on concessions.
1. In accordance with the provisions of Articles 93 et seq. of the Regulation of the Hydraulic Public Domain, for new water concessions, the draft or preliminary draft accompanying the application for a concession shall adequately justify the assessment. of the water requirements, in line with the values set out in this regulation on the allocation and calculation of claims and specifying the annual derivative volume and its monthly distribution together with the maximum flow rate.
2. On the basis of the characteristics of each application and the assessment of the basin body, the applicant shall provide sufficient documentation and studies to enable the appropriate assessment of possible conditions:
a) To the environment, in accordance with Article 237 of the Regulation of the Hydraulic Public Domain.
b) To other users with recognized rights, understanding the condition mentioned in article 184.6 of the Regulation of the Hydraulic Public Domain. In particular, a hydrogeological survey including the hydrogeological characteristics of the catchment environment, the characteristics of the underground flow according to the same and the requested operating system shall be submitted.
3. As a general rule and for the entire territorial scope of this legislation and in order to ensure compliance with ecological flows and to achieve the good status of the water bodies, only new water concessions will be granted, both surface as underground, corresponding to the allocations and reserves established in this Plan.
4. No concessions shall be granted for the use of groundwater in those partially or wholly coincident masses with declared over-exploited aquifer zones (Western Channel I, Western Channel II, Rus-Valdelobos, Montiel Field and Field). In accordance with Articles 56 of the recast text of the Water Law and 171 of the Rules of Procedure of the Public Domain, it is not possible for the underground water bodies to declare themselves at risk of not achieving a good quantitative status. Hydraulic, without prejudice to the following exceptions:
(a) The transformations of private rights in concessional, established in accordance with the transitional provisions third and tenth, as well as the additional fourteenth provision of the recast text of the Law of Waters, on the transformation of rights into concessions and with the additional provision of Royal Decree-Law 9/2006 of 15 September 2006 adopting urgent measures to alleviate the effects of drought on populations and on agricultural holdings of irrigation in certain river basins, on measures Urgent application to Upper Guadiana.
b) The new concessions associated with the development of the additional fourteenth provision of the recast text of the Water Act.
c) Concessions for the use of population, industrial or livestock supplies up to the allocations and reserves of the Plan, which in the case of concessions for livestock or industrial use, will be limited to a volume Annual maximum of 15,000 m3.
5. The underground water bodies of Sierra de Altomira and Tierra de Barros will be able to grant concessions for the use of groundwater until their exploitation rate, understood as the relationship between the rights committed and the resource total available, equal to 1. Committed rights shall mean, in addition to the rights granted by resolution of the Basin Agency, all situations in which a legal use of a water right may be made without the Basin Agency having issued In this respect, such as registration files in Section B of the Water Register in those areas where no administrative authorization is required, or files pending inclusion in the Catalogue of Private Waters, whose The request was made prior to 26 October 2001, or a resolution of 26 October 2001. The Court of Justice, in accordance with the second transitional provision of Law 10/2001, of 5 July.
6. No concessions shall be granted for the use of surface water in the channels of the Upper Guadiana Subsystem which run on the bodies of groundwater which present the circumstances of the declaration of overexploitation or risk of non-exploitation. achieve a good quantitative status as set out in paragraph 4 above.
7. If the availability of additional underground resources to those referred to in this Plan in areas outside the groundwater bodies defined in the Upper Guadiana subsystem is established, they may be granted in respect of the uses Preferential supply of population, as well as industrial and livestock uses, with the limitation in the latter to 15,000 m3 per concession per year. In all cases, the surface water masses and other pre-existing uses should not be affected, taking into account the requirements of paragraph 3.
8. In the new concessions and in amendments to the characteristics of the existing concessions, the ecological flow rate set out in Appendix 4 shall be required.
9. In setting the maximum time limits for the granting of new concessions, account shall be taken of the provisions of Article 59.4 of the recast of the Water Act, in such a way as to consider the time limit for technical depreciation and The economic situation of the installations whose supporting study is to be included in the documentation accompanying the application for the fixing of the concession period.
Article 23. Minor concessions.
1. In accordance with the provisions of Article 186.1 of the Regulation of the Public Hydraulic Domain and for the purposes of Article 130 of that Regulation, concessions of minor importance shall be deemed to comply with, for a determined use, the conditions defined in the following table n. 3.
Table 3. Conditions for consideration as minor concessions
|
| Instant Maximum Flow (litros/sg.) | Annual Maximum Volume (m3 |
|---|---|---|
|
Supply (Urban Core) | 2 | 3.650 |
|
2 | 15,000 | |
|
Agricultural | 4 | 7,000 |
| 4 | 7,000 |
2. For the purposes of the above paragraph and in the absence of definition in the relevant territorial planning plans and in relation to the use of water, it is defined as:
a) Urban core or population core: Building groups that are characterized by their proximity to each other, by the consolidation of an urban grid and by the need for adequate maintenance of urban facilities common, including the treatment and distribution of water, sanitation and waste treatment and discharge and distribution of electrical energy.
b) Industrial policy, industrial park, business park, industrial belt or industrial zone or any modern acceptance of the same: Territorial space in which a series of industrial activities are grouped, which can or are not related to each other, with a number of common services, including water supply with different types of treatment, depending on the use of the water, sanitation and purification.
Article 24. Water envelopes for use of population supply.
1. The allocations considered for the calculation of the existing urban demand at the time of the drafting of the relevant studies will be the actual allocations. In the absence of any real data, the theoretical maximum gross endowments which are detailed in the following table n ° 4 will be used. Where the actual allocation of a given municipality is lower than the theoretical one, the actual allocation shall be adopted in the estimation of that demand.
Equally and for the establishment of a policy for the efficient and sustainable use of water resources, the so-called reference envelopes for the use of population supply are set out in the same table.
Table 4. Use of population supply. Endowments (lytros/hab/day)
| -provisioned population | Reference Dotation | Gross Dotation maximum | |
|---|---|---|---|
|
< 2,000 | 200 | 340 | |
| 2.000-10,000 | 200 | ||
| 10.000-50,000 | 250 | 380 | |
| > 50,000 | 300 | 390 |
2. For the granting, novation, modification or revision of the characteristics of concessions intended for the use of population supply, as for the quantification of demands associated with new urban developments provide for the planning and spatial planning instruments, the corresponding actual allocation values shall be applied, in the event that they are available and provided that they do not exceed the reference, in accordance with the population data managed supplies. In such cases and only in duly justified cases, they may be applied in excess of that laid down as a reference which may not exceed the corresponding maximum gross allocation. In any case, the supply of new urban developments must have been planned according to article 15.3.a) of the recast text of the Law of Soil, approved by the Royal Legislative Decree of 20 June, and Article 25.4 of the Recast text of the Water Act.
3. As regards the assessment and level of guarantee of water supply for the use of population supply, the urban demand shall be considered satisfied when the following two conditions are met:
(a) The one-month deficit is no more than 10% of the monthly demand corresponding to the monthly demand.
(b) In ten consecutive years, the sum of the deficit shall not exceed 8% of the annual demand.
Article 25. Water envelopes for agricultural use.
1. For the assessment of the water demand for irrigation, an annual average allocation is established at the global level for the set of a certain regable area, which must not exceed, in any case, the 6,000 m3/ha in plot and for any type of irrigation. This appropriation shall apply both to public and private initiative risks.
2. With the measures of the Programme of measures the following objectives must be achieved:
a) Efficiency of the transport network: 90%.
b) Efficiency of the distribution network: 90%.
3. In accordance with the above paragraph, the maximum annual allocation at the main stage of the takeover should not exceed 7,500 m3/ha for large regable areas, while for the risks with direct takes, the maximum annual allocation must not be greater than 6,600 m3/ha.
4. In the case of concession, watering, modification or review of characteristics, and unless otherwise justified, the net endowments of water for irrigation as set out in Appendix 8 shall be taken as a maximum.
5. Compliance with the maximum endowment values at the main work level shall be in accordance with the development of the related actions of the Programme of Measures.
6. For the purposes of the assessment and level of guarantee of water supply for agricultural use, agricultural demand shall be considered to be satisfied where the following three conditions are met:
(a) That the deficit in one year is not more than 50% of the corresponding demand.
b) That in two consecutive years, the sum of the deficit is not more than 75% of the annual demand.
(c) In ten consecutive years, the sum of the deficit shall not exceed 100% of the annual demand.
7. In the case where the livestock use represents a significant part of the total volume of the agricultural demand unit, the values defined in Appendix 8 (2) shall be adopted, taking into account the levels of guarantee to be considered appropriate for this use.
8. The savings targets associated with the development of the efficiency measures programme of the transport and distribution network systems are quantified in the following table n. 5.
Table 5. Savings targets to be achieved in 2015 related to the effective implementation of the actions of the Action Programme
| Unit | Reduction in 2015 regarding the situation in 2005 (hm3/year) | |
|---|---|---|
|
Penarroya | 6.75 | |
|
Tower | 1.62 | |
| 4.36 | ||
| Bullaque | 4.65 | |
| 130.24 | ||
| Trained | ||
|
Lacara | ||
| 21.19 | ||
| Caya |
9. The increase of available resources obtained, where appropriate, as a result of the implementation of the Action Programme, intended exclusively for the improvement of the security of supply and, for the latter, the improvement of circulating flows.
Article 26. Endowments for industrial use.
1. The demand for water for industrial uses of Article 12 (1) (d) and for the refrigeration of Article 12.1.c) (i) and (ii) shall be assessed with actual data. In the absence of these, the reference to which detailed in Appendix 8 shall be used shall be used.
2. As regards the assessment and level of guarantee of water supply, they will not be higher than those considered for urban demand.
3. In the case of industrial estates connected or not to the municipal distribution network, a maximum annual allocation of 4,000 m3/ha has been constructed.
Article 27. Endowments for other uses.
For the purposes of Article 12 (1) (h) to be used, the Basin Agency shall examine its characteristics and the conditions under which it can satisfy its claims without prejudice to pre-existing legal uses as well as to the quality of the resource. This study shall be carried out in particular in actions of general or regional interest, or in which the volume is less than 50,000 m3/year, as well as in cases of supply emergencies.
Article 28. Concessions for irrigation.
1. The review of water concessions for irrigation will take into account the improvements made to the systems by the management and modernization of irrigation. In accordance with the above and the provisions of Article 65.2 of the recast of the Water Act, the terms relating to the annual volume granted in accordance with the time limits laid down for the incorporation of the improvements and the efficiency achieved in the transport and distribution networks.
As a result of the smaller allocation of the concessional volume, an increase of the available resource will be obtained, which will be destined, as appropriate, to exceed the existing infradotations, to the improvement of the guarantee of supply, to the increase of reserves, or compliance with environmental restrictions, and never an increase of the regable surface.
2. In the underground water bodies at risk of not achieving a good quantitative status defined in accordance with Article 11.2 belonging to the loss-making High Guadiana sub-system and for the purposes of the water irrigation rights transformations underground as referred to in the second provision of Royal Decree-Law 9/2006 of 15 September 2006 and the changes provided for in the transitional provisions third and tenth, as well as the additional fourteenth provision of the Recast of the Water Law, with the objective of contributing to the reduction of deficit and to maintain The compatibility with this Plan will be limited to the maximum irrigation allocations to be granted to 1,500 m3/ha for woody crops and 2,000 m3/ha for the rest of the crops.
Article 29. Concessions for hydropower.
The following evaluation and conditioning criteria are set out for the execution of hydroelectric tapping:
1. The Basin Agency shall analyse the possibilities for the hydroelectricity use of river channels in accordance with the Programme of Measures set out in Appendix 5 and identify specific leaps and conditions of use. exploitation and promote public design contests, works and, where applicable, exploitation or directly assume the same.
2. Hydro-electric use shall be subject to preferential uses. In particular, the production of hydroelectric energy in the geographical area of this Plan is subject to agricultural uses, supply of population and industrial, not only global but also seasonally, and must be adapted to modulation needs of the same. In the same way, turbinate may be authorized to resolve emergency situations of national electricity supply and those strictly necessary for maintenance and installation testing of the facilities, prior to communication to the Basin organism.
3. Where it is necessary for hydroelectric use to alter the original natural or regulated flow rate in the river and there is no counterreservoir that counteracts this variation, the counterreservoir shall be constructed at the expense of the hydroelectric promoter. if the intended uses so require.
4. In the new plants, the concessions will include clauses that require compliance with the state regulations on the safety of dams, in particular the provisions of Article 367 of the Regulation of the Public Hydraulic Domain, to be respected by the security guards, to install the necessary measures to prevent accidents caused by sudden changes of flow downstream of the use and to respect or to replace, where appropriate, the system of ecological flow and continuity the length of the course, as provided for in Article 126.a of that Regulation, to the the effects of maintaining and improving the environmental conditions of riverbeds and riverbanks as well as the associated fish life.
5. In the process of competition of projects for the use of energy to be developed in the natural channels and infrastructures of the State, they will take into account as basic criteria of assessment both the best use of the jump and the the proposed measures to minimise the environmental condition resulting from the performance of the works and the variation of the flow rate regime.
6. In accordance with the provisions of Article 7 of the Technical Regulations on Security of Prisoners and Embalses approved by the Order of the Ministry of Public Works, Transport and the Environment of 12 March 1996, the corresponding plan of emergency to those infrastructure classified as referred to in Article 358 of the Public Hydraulic Domain Regulation as Categories A) or B), in line with the Basic Civil Protection Guideline in the face of the risk of flooding, agreed by the Council of Ministers at its meeting on 9 December 1994.
Article 30. Concessions for industrial use.
For the purposes of allocation and reserve of resources, all refrigeration facilities, including thermoelectric power plants, shall be considered to be operated in a closed circuit.
Section 2. 2nd Authorization, Concession and Exploitation of groundwater
Article 31. Conditions of compatibility with the Hydrological Plan for the granting of rights and exploitation of groundwater.
1. As a general rule, the maximum operating volume of the set of groundwater fetches shall not compromise the available resource of each groundwater mass.
2. In areas with a declaration of overxploitation of their underground water resources in Western Channel and Campo de Montiel, the determinations of their declarations and plans for the management of extractions shall continue to apply until their declaration. as bodies of groundwater at risk of not achieving good quantitative or chemical status and the subsequent approval of the action programme in accordance with the provisions of the single transitional provision of Law 11/2012, 19 of December.
3. In accordance with the article 188.3 of the Regulation of the Public Domain Hydraulic the tasks of cleaning, development and stimulation of wells must be communicated with a notice of one month to the Commissioner of the Hydrographic Confederation of the Guadiana. Notwithstanding the foregoing, in accordance with the additional provision of Royal Decree Law 9/2006 of 15 September 2006, the activities of clearing wells in the territorial area of Alto Guadiana required the authorization of the Confederation Hydrographic.
Article 32. Conditions for concessions for the use of groundwater.
In accordance with Articles 54 of the Regulation of Hydrological Planning and 184.1 of the Regulation of the Public Hydraulic Domain, the granting, and in its case novation, modification or revision of the characteristics of the concessions of the groundwater use shall respect the following conditions:
a) Instant maximum flow: It shall be set specifically for each catch according to the local hydrogeological characteristics of the aquifer.
(b) Maximum operating volume: Vendra justified by applying the technical endowments of Appendix 8 and, in any case, to a rational and efficient use of water.
c) Minimum distance to channels: The minimum distances to be observed by the new groundwater fetches shall be determined in accordance with the following guidelines:
1. Cences where a specific ecological flow rate regime has not been defined: the minimum distance for new groundwater use shall be 100 m.
2. Thy water bodies and bodies with ecological flow rate: In these sections and to avoid direct condition to the established ecological flow rates, the minimum distance between the underground water fetches shall be as defined in Appendix 9, paragraph 1. In such cases, the granting of the concession shall be subject to the pre-existing preferential rights of the riverbed and to the maintenance of the ecological flow that is assigned to the associated river section. On the basis of the characteristics of each application and in the judgment of the Basin Agency, the applicant shall provide sufficient documentation and studies to enable appropriate assessment of possible conditions for the flow rate regime. environmental and environmental which, according to Article 237 of the Regulation of the Public Hydraulic Domain, may be derived from the exploitation of the new collection in the requested terms.
(d) Distance between use and other requirements relating to its location: In the absence of more restrictive conditions, as defined in Article 37, the minimum distance between underground water fetches may not be less than 100 m except that a hydrogeological study carried out for the purpose does not affect the next captions.
e) Defining depth of drilling and installation of pumps (design of the captions): The following limitations are established with respect to the design and constructive characteristics of the water fetches underground:
1. The maximum depth of drilling and installation of pumps in each catchment shall not be higher than the base of the aquifer level object of exploitation in order to avoid communication between different aquifer levels. In case of access to the aquifer level, other suprayacent aquifer levels must be passed through the correct sealing and isolation of these.
2. No captions shall not be allowed in the construction design of which more than one aquifer level is contemplated simultaneously.
3. The wells or surveys of a surgente character must be finished with a sealing device that prevents the free outlet of the water and with a device in the closing head in order to be able to install a pressure gauge and a limiter flow.
4. The output of the drive pipe shall be fitted with a total counter-totaliser to the intended flow rates of the duly tarted and sealed operation to allow the actual volume to be checked. An outlet for the taking of water samples shall also be installed in the wellhead.
5. All wells shall be equipped with auxiliary tubing of at least 30 mm in diameter inside and accessible from the surface to allow the measurement of piezometric levels.
6. In addition, in those aquifers with problems or risk of marine intrusion, the grant application shall include a study of the depth adopted in relation to the possible advance of the saline front.
Article 33. Sealing of groundwater fetches.
The sealing of abandoned or disused groundwater fetches shall be carried out in accordance with Article 188a of the Water Public Domain Regulation and with the following requirements:
(a) In the condition of the granting of groundwater concessions, the technical guidelines and basic measures to be developed by the concession holder in the operations for correct sealing and abandonment shall be indicated. This should be done in such a way as to ensure safety in the face of possible accidents, avoid the risks of entry of pollutants and the contamination of groundwater as well as the uncontrolled drainage of connected productive aquifer levels. by the fetch.
(b) Research surveys which are negative shall be filled with natural terrain, after removal of the casing, cementing and sealing at least the 3 most superficial metres. The stability of the surrounding area shall also be ensured in such a way as to avoid surface collapse and collapse. The sealing shall be carried out in such a way as to eliminate the risk of contaminants entering the subsoil through the sealed drilling.
Article 34. Artificial recharge of aquifers.
The actions of artificial recharge of aquifers will require express authorization from the Basin Agency. The promoter of the action, in addition to the necessary documentation for the processing of the administrative authorization of the proposed action, must present a hydrochemical study, that values the possible condition of the recharge on the state chemical of groundwater bodies and water uses established in the environment, as well as the compatibility of the operation of the proposed action with the fulfilment of the environmental objectives of the receiving medium.
Article 35. Deep water recirculation in aquifers for the production of heat or cold.
The use of deep water recirculation in aquifers for the production of heat or cold will require the express authorization of the Basin Agency. The technical documentation to accompany the application for use of this type shall include, in addition to its technical characteristics and operating system, the set of elements established for the protection of aquifers.
Article 36. Taking advantage of legal provision.
1. The right recognized in Article 54.2 of the recast text of the Water Act is incompatible with any other use that has already been recognized by the law.
2. In the area of Upper Guadiana, the wells referred to in Article 54.2 of the recast text of the Water Act shall, in any case, specify the corresponding administrative authorisation.
Article 37. Of other conditions for the private use of groundwater.
Proprietary groundwater use will respect the following specific conditions:
1. Minimum distance between use: In Appendix 9, paragraph 2, the minimum distances to be observed by the new groundwater fetches according to the groundwater mass in which they are located are indicated. The values indicated are without prejudice to more restrictive specific restrictions which may be laid down in the protection perimeters or areas for the protection of officially determined captions by the administrations. Competent public.
2. In relation to the perimeters of protection of thermal and thermal waters, in Appendix 9, paragraph 3, the perimeters of protection of the captions of thermal and medicinal waters invented in the Demarcation that count with administrative resolution.
3. Except for duly justified actions of general interest, no further use shall be authorised in the areas defined in Appendix 9, paragraph 4 relating to:
(a) Drenages and springs considered as significant, as listed in Appendix 9, paragraph 4.1.
(b) Wet areas listed with a protection figure related to groundwater listed in Appendix 9, paragraph 4.2.
(c) Points of the quantitative status control network of the groundwater bodies referred to in Appendix 9, paragraph 4.3.
Article 38. Specific conditions for the exploitation and exploitation of groundwater bodies at risk of not achieving a good quantitative status.
1. In accordance with Article 55.2 of the recast text of the Water Law, the Basin Agency may limit, on a temporary basis, extractions when, as a result of studies and research on the resources of a mass of water underground, it is established that these extractions exceed their available resource for three consecutive years, without requiring the risk declaration of not achieving a good quantitative status. The limitation will be made in such a way that the deficit of water resources is not increased, always trying to make a gradual recovery of its quantitative status viable. In the case of foreseeable danger of salinisation or any other type of deterioration of the quality associated with a risk of failure to achieve a good chemical status, groundwater extractions may also be temporarily limited.
2. In the declaration of risk of not achieving a good quantitative or chemical status and the associated Action Programme, the following limitations shall be established for the granting of new rights for the use of groundwater and their management:
(a) The suspension of all concessional files, except those intended for population supply, that cannot be met with other alternative resources, without prejudice to the provisions of the Article 22.4.c.
(b) No new groundwater use shall be authorised, whether or not it is concessions or private use by law, in accordance with Article 54.2 of the recast of the Water Act, except for changes in the rights of waters referred to in the second provision of Royal Decree-Law 9/2006 of 15 September 2006 and the first, second, third, third, fourth and tenth transitional provisions of the recast of the Law of Waters, as well as the additional fourteenth provision of the same recast text.
(c) The action programme associated with the risk declaration of not achieving a good quantitative status, in addition to that established in Article 56.2 of the recast of the Water Act, shall include the reduction in the extraction to be applied in each of the affected groundwater uses and the allocation of the new authorised annual volume which will be in force during such a risk situation. The definition of this reduction shall take into account, in addition to the level of overexploitation achieved, the uses and annual volume of extraction authorised for each use, in such a way that the effort associated with the implementation of the said programme The action will be proportionate and balanced between the affected uses.
(d) In the definition and quantification of the reduction of extractions to be applied in the corresponding Action Programme affecting a particular groundwater mass, account shall be taken of the volume of the available resource the maximum that results from application according to the contents of Table 1, which is included in Article 11.2.
3. In accordance with Article 56.4 of the recast text of the Water Act and provided that the permanence of the general environmental objectives provided for in Article 92 et seq. is not put at risk, the Governing Board of the The Guadiana Hydrographic Confederation may, depending on the provision of additional hydrogeological information, on the evolution of the registered piezometric levels and the discharge flow of the aquifers, progressively reduce the program limitations and increase proportionally and equitably the volume that can be used. This modification will be taken into account in the review of the Hydrological Plan.
CHAPTER VII
Protection of the Water Public Domain and Water Quality
Section 1. General Standards, Apec and Dislinde of the Public Domain Hydraulic and Protection Zones
Article 39. Improvement of the morphology and environmental quality of the channels.
1. The Basin Agency shall define the elements of the Public Water Domain, as well as the wetlands, spaces of scenic, recreational and environmental interest, which are subject to contamination or degradation, or at risk of be. The actions associated with that delimitation of elements are integrated within the Programme of Measures defined in Appendix 5.
2. In the area of Public Hydraulic Domain, no permanent buildings or buildings will be authorized to obstruct the normal flow of water or increase the length of time of the floods. The performance of these activities in the Public Water Domain will in any case be subject to the prior concession or authorization by the Hydrographic Confederation of the Guadiana in the terms provided for in Article 126 of the Domain Regulation. Public Hydraulic, which may order a specific line from the applicant in accordance with Article 242.1 of that Regulation.
3. The extraction of aggregates in the area of Public Hydrological Domain as well as the installation of fixed or mobile elements intended for their use, in addition to being subjected, if necessary, to the process of environmental impact assessment that is applicable, require its analysis for the purposes of its possible designation as a very modified mass of water, as laid down in Article 39 of the Hydrological Planning Regulation. In the extractions within reservoirs already qualified as heavily modified masses, this last determination will not be necessary.
4. For the above purposes, the Basin Agency may promote the definition of water bodies as highly modified for the extraction of aggregates in their channels, and establish the system of their use.
5. The use of aggregates located in the area of police shall not affect the flow or cause a change or a substantive alteration of the morphology of the river and its hydrodynamics. For the above purposes, in addition to the corresponding environmental impact assessment, the following conditions shall be met:
(a) Extractions should be removed from the margins of the main water masses by 50 m at each margin, reducing to 25 m in less important masses.
(b) The operation shall be completed, the morphology of the flood plain affected by the extraction shall be regularised.
(c) Discharges shall not be allowed to flow and the establishment of measures shall be required to ensure that they do not occur accidentally, including stormwater.
Article 40. Flood protection.
1. In accordance with the provisions of Royal Decree 903/2010 of 9 July 2010 for the assessment and management of flood risks and as defined in the Schedule of Measures in Appendix 5, the Basin Agency shall carry out the preliminary risk assessment of flood, hazard and hazard maps and flood risk management plan.
2. The various public administrations, within their respective competences, will develop the programme of measures and develop the actions resulting from them in the field of flood risk management plans, promoting the coordination between their bodies.
3. With the approval of the flood risk management plan, the considerations in this regulation will be reviewed to accommodate what is determined in that regulation.
In the flood management plans, it will be taken into account: for the state's established in the Council of Ministers Agreement of 29 July 2011 approving the State Plan of Civil Protection in the face of the risk of floods; for the autonomic by the respective special flood plans approved by the National Civil Protection Commission.
4. According to Articles 92 and 92c of the recast of the Water Act, Article 59 of the Hydrological Planning Regulation, and Royal Decree 903/2010 of 9 July, the following rules are adopted for the planning of the water Risk and flood protection:
(a) In the studies carried out on avenue flows for different periods of return and in particular in the areas determined in accordance with Article 5 of Royal Decree 903/2010 of 9 July, in order to obtain the maps of Flood hazard, the following methods shall be considered:
1. For the delimitation of danger zones, hydrological, geomorphological, historical and ecological methods will be used, depending on the availability of data and the method and criteria that are considered most objective in each situation.
2. The hydrological calculations of avenues by statistical analysis of flow rates for different periods, or using hydrometeorological models, must necessarily be calibrated and validated with other methods or sources data.
3. In order for flood maps, in addition to be considered dangerous by floods, they may also contain in those cases where it is considered necessary, aspects of transport solid cargo and other processes Possible erosives or sediments and their location
b) In order to avoid environmental damage and hydraulic capacity of the channel, the actions in the area of police and the Public Water Domain must ensure, at least, the evacuation of the avenue of 100 years of the return period on a natural basis, without prejudice to the provisions of point 2 of the previous paragraph.
(c) For the same purposes, and in urban areas, new urban developments in the area of police and Public Water Control must ensure the evacuation, without damage to people and property, of up to 500 years of return period under natural conditions. In cases where this flood zone exceeds the width of the police area established by Article 6.1.b) of the recast text of the Water Act, the specific definition of the Water Act shall be considered, in accordance with the second paragraph of that Article. Article 9.2 of the Regulation on Hydraulic Public Domain.
(d) In accordance with point (c), serious damage to persons and property may occur when the hydraulic conditions during the avenue meet one or more of the following conditions:
1. The draught is greater than 1 m.
2. The speed is greater than 1 m/s.
3. The product of both variables is greater than 0.5 m2/s.
5. Any work transverse to the bed shall be sized to evacuate, without serious damage to persons or property, the avenue corresponding to a minimum return period of 500 years, under natural conditions, in accordance with the criterion defined above, The invention also takes into account the processes that may be associated with the river dynamics in such avenues such as obstruction by floating, landing and erosion. Without prejudice to the assessment of the impact of these works on the system of transport of sediment and the adoption during the operation of the same measures to minimise such impact, provided for in Article 126 bis.5 of the Hydraulic Public Domain Regulation.
6. Studies and projects relating to protection against avenues should be considered as the possibility of using flood plains in the face of the solution of lighting.
7. On the preferential flow routes, as defined in Article 9.2 of the Regulation of the Public Hydraulic Domain, only those non-vulnerable actions in front of the avenues and which do not entail a significant reduction in their use may be authorised. drainage capacity. The location of actions on the flood zones as defined in Article 14 of that Regulation shall not be permitted where the action may obstruct the normal flow of water during the floods, causing the lamina to be lifted. of water that could cause serious damage to the adjoining land.
8. Measures for protection against avenues are defined in Appendix 5.
Article 41. Criteria for the delimitation of the Public Domain Hydraulic and flood zones.
1. Studies for the delimitation of the Water Public Domain and the flood zones in the river basin, in accordance with the definitions of Articles 4 and 14.3 of the Regulation of the Public Hydraulic Domain, shall provide, as minimum, the following flow data:
a) Peak flow rate of the maximum normal growth, according to the definition of this growth, which is included in article 4.2 of the Regulation of the Public Water Domain.
b) Cudales tip of the growths of 5, 10, 25, 50, 100 and 500 years of recurrence period. The methodology to be followed in these cases is the one indicated in Article 40.4.a) of this legislation.
c) Average annual flow.
d) Average monthly flow.
e) A rate flow rate, defined by the minimum monthly average flow rate with 10 years of recurrence.
2. On the basis of the abovementioned flows, models of hydraulic or hydrological-hydrological simulation shall be drawn up, taking into account the possible points of change of speed, zones of rapids, narrowing, infrastructure and other points. singular. The results of the topographical (tachimetric and bathymetric) work required to obtain a good definition of the bed and the flood zones will be incorporated, which will make it possible to differentiate between the operation of the main channel and the margins of the flood plain and shall determine, on the basis of the processing of the information handled, the geographical areas flooded with the previously mentioned flow rates, at least the following elements:
a) Delimitation of public channels.
b) Hydraulic Public Domain delimitation.
c) The servitude and police zones.
d) The intense drainage and flow paths.
e) The flood zones of recurrence periods of 5, 10, 25, 50, 100, and 500 years.
3. For each of the growth scenarios defined in the previous paragraph, hazard and flood risk maps shall be drawn up for the areas identified in Article 5 of Royal Decree 903/2010 of 9 July 2010.
4. The flood hazard maps referred to in paragraph 3 above shall include information on:
a) The extent of the flood.
(b) Water draught or water level, as appropriate.
c) The speed of the stream or the corresponding water flow.
d) In floods caused by coastal and transitional waters, the wave and tidal waves, as well as the areas subjected to erosive processes and trends in the rise of the average sea level, will be reflected as a result. of climate change.
5. The flood risk maps referred to in paragraph 3 above shall include:
(a) The indicative number of inhabitants and type of economic activity that may be affected.
(b) The industrial facilities referred to in Annex 1 to Law 16/2002 of 1 July on integrated pollution prevention and control, which may lead to accidental contamination in the event of flooding, as well as wastewater treatment plants and water-drinking facilities.
(c) Protected areas for the collection of water intended for human consumption, water bodies for recreational use and areas for the protection of habitats or species that may be affected.
(d) Any other information deemed useful, such as the indication of areas in which floods with high content of transported sediments may occur and flows of derrubes and information on other sources Significant pollution may also be considered to be an analysis of the road or other infrastructure that may be affected by the flooding.
Article 42. Criteria for the sorting of flood zones.
1. The Basin Agency, through the National Flood Zone Mapping System and the flood zone planning process, will report to the competent public administrations on spatial planning, data and studies. available on the avenues and boundaries of flood areas to be taken into account in soil planning, and in particular in the authorisations of uses to be agreed in flood areas.
2. For appropriate purposes, the basin body shall communicate to the competent authorities in the field of civil protection and to the municipalities concerned, the estimate of the flow rates of the avenue according to the return period used and the areas that are inundable by such flows.
Article 43. Actions in resource shortage situations.
1. It is considered that a particular system or reservoir is in a situation of resource scarcity when the existing useful volume, plus the expected contribution corresponding to the following twelve months, minus the evaporation corresponding to that period, does not cover the normal consumption allocated to the system or the reservoir within the following 12 months. The expected contribution will be the one for which it has a 75% chance of being overcome if it is part of a drought situation and 60% in other cases.
2. In the event of a shortage of resources, in addition to the restrictions which may be adopted in the Commission for the purposes of the Commission, and of the relevant or specific provisions which may be enacted in order to mitigate its effects, the following shall be complied with: points:
(a) Preferred uses (population supply) will be served with strict allocations according to the following table n. 6. However, where the actual allocations are lower than these allocations established in a situation of resource scarcity, the first allocations must be maintained.
Table 6. Use of population supply. Envelopes in resource shortage situation
| Population (inhabitants) | Dotation (l ./hab ./day) measured at the fetch |
|---|---|
|
300 | |
| 300 | |
|
10.000-50,000 | 335 |
|
50,000 | 345 |
b) At the beginning of the hydrological year in which a state of drought is expected to be reached according to the meteorological predictions, the Basin Agency will inform the Users about the situation and expectations of evolution. of the usable resources, in order for them to schedule their future activities. In particular, water users for irrigation should plan the campaign with a majority orientation towards winter cycle crops. From February onwards, the Basin Agency will give new information on the decisions of the Commission on the disposal of usable resources, specifying for the risks the maximum allocation applicable per hectare, with the aim of adjust the surface to be irrigated initially.
3. In a situation of resource scarcity, water intended for irrigation shall be divided according to the following criteria:
a) If the available resources are between 75% and 100% of the usual resources, a proportional decrease in the allocation will be made.
(b) If the available resources are between 25% and 75% of the standard, preference will be given to tree crops and permanent plantations, with the exception of prairies, with allocations to ensure the survival of planting, even if they do not secure the harvest. The surplus water may be distributed in whole or in part to all crops in the area, either tree or herbaceous, or to establish reserves for the following year, according to the decision taken by the Governing Board, on a proposal from the Board of Directors. Corresponding exploitation.
(c) If the available resources are less than 25% of the usual allocation of the annual crops, no watering will be given that year for that type of crop and the water remnants will accumulate for the next one. Tree crops and permanent plantations, with the exception of prairies, will receive a limited amount of water to the endowments to ensure the survival of the plantation, provided that this is possible.
4. The Special Plan of Action in situations of alert and eventual drought of the Guadiana basin approved by the Order MAM/698/2007, of 21 March, approving the special plans of action in situations of alert and eventual drought in the areas of the hydrological plans of the inter-community basins, shall be reviewed in order to adapt their content to the determinations contained in this Hydrological Plan.
Article 44. General rules on the authorisations of works and other uses of the Hydraulic Public Domain.
For the authorizations and concessions of works and other uses in the Public Hydraulic Domain, in addition to the provisions regulated in the Regulations of Public Hydraulic Domain, and in particular the provisions of Articles 51, 52, 74, 75 and 126, the following criteria shall be taken into account in relation to each of the planned actions:
1. In the case of the establishment of passing boats and jetties, the implementation of these systems must include the race or variation of the level of the reservoirs, conditioning the authorization in places that in principle is not prohibited, to the presentation of a study of the "effects on the environment" that the works could cause. The establishment of the corresponding occupancy fee shall also be analysed.
2. In the case of planting, planting and cutting of trees in the area of Public Water Domain, the criterion will be to maintain and conserve the vegetation of ribera or " "gallery forests", given their important role as margins stabilizers, thermal buffer of water and in the maintenance and improvement of the biodiversity either in the cases where they exist or as in the new implantation after verifying their environmental compatibility.
3. In the case of works of bridges and bridges when they are built in urban areas and have up to 25 m of light, they will have only one vain. For larger lights, they will have a light with a light greater than 20 m and another with lights greater than 6 m. The foundations will have the necessary depth depending on the undermining, the guard from the level of the waters in avenues to the lower face of the board, will be of a meter or greater. The bridges in rural areas for roads will be adapted in terms of light to the above, with the reduction of the guards for areas of minor importance. The bridges of roads in rural areas will have greater drainage capacity than the immediately upstream and downstream sections. Up to 20 m of light the channel will be saved with one single vain, for larger lights there will be a vain of 15 m and another one or two, with lights greater than 2 m. The bottom of the board will be 25 cm above the adjoining grounds.
4. In the case of defence and lighting works, it is established as a general criterion that the defence infrastructure must be of the flexible nature (escorts, etc.), with the advice of rigid solutions (concrete, etc.), which would only be accepted in very justified cases and never with overhangs, tending to minimize the visual environmental impact, reviving the paraments with stone plates or other ornamental elements. The slopes to be adopted must be such that they allow comfortable access to the river (1V: 1H, 1V: 2H). In urban sections, different technical solutions may be accepted, which are in line with the urban development of the environment. In any case, the coronation of the defense, in rural areas, must be naturalized with a layer of plant soil of at least 50 cm of thickness conveniently afforested. In rural areas, at most, they will be sized for the 100-year-old avenue; in urban or urban areas they must be designed for 500-year-old avenues of return. The maximum flow of avenues will be determined by the methods of the isochronas, historical study of avenues, rational method or empirical formulas. The hydrologist may also use other methods, but the result of the average flow rate calculated by different methods shall never be adopted. In the case of encauzations the possibility of projecting a small bed to ensure a minimum draught in low water and the capacity of sufficient drag for the non-decanting of materials should be raised.
5. Short and corrections may only be authorised in very justified cases, and it must be shown that no alteration occurs in the current system. In any case, the project must have a "study of the environmental effects" that the action could cause. The possible swap of land, where appropriate, or the establishment of the corresponding occupation fee, shall be analysed in the file.
6. In relation to hedges, the encauzations covered shall be avoided. They will only be authorised in very justified cases, always as a consequence of general interest and not of private interest. In the case where authorisation is possible, it shall be visible if the drained basin is greater than 5 km2, with a height of at least 1,8 metres and a width of not less than 1,50 metres. The construction, assembly or location of facilities intended to accommodate persons, even if on a temporary or temporary basis, shall also be prohibited. Maintenance of the servitude zone is also necessary after the coverage has been performed.
7. For electrical and telephone line crossings, the 5 m servitude zone will always be respected. It will be conditional on the cable being braided or protected, so that the corridor formation is not necessary. For the rest of the crossings (pipes, etc.), they must be projected to be buried, at least one 1-meter guard between the upper face of the work of crossing with the riverbed.
8. In the case of clearing of channels when it comes to minor works which normally carry small extractions of sedimented and short material of weeds, which are outside the catchment area, in principle they are authorised, with the the obligation to present the "Environmental Impact Assessment study". In any event, coordination with the Fisheries Services and the concurrence of the applicable administrative intervention means regarding the protection of flora and fauna associated with the aquatic ecosystem will be necessary for the purposes of establishing the limitations and periods of execution of the works.
9. The following cases will be differentiated for the realization of works in concessions for water use:
a) Non-fixed installations. The obligation is laid down, except in duly justified cases, to construct a booth where the volumetric meter is installed. Such construction must respect the servitude zone.
b) Fixed installations. These are usually small azudes. The lip of the spillway shall be at such a height as the flow that it is capable of evacuating the stretch, circumply through the azud in a critical condition and without producing overflows. The height of the azud must not produce water-filled fillers that lead to elevations of the water sheet producing conditions to third parties.
10. In any case in accordance with Article 126 bis of the Regulations of Public Hydraulic Dominion, any work that is carried out on the channel regardless of its purpose, whether it be azudes, fetches, derivations, installations The measure or any other action shall be carried out by ensuring its cross-compliance by the native icthiofauna present in the section concerned or by which it is potentially appropriate for it to be available. To this end, the aforementioned works and installations shall have the appropriate steps for which an appropriate flow of the intended purpose must circulate. The franking of the new infrastructure will be incorporated in the conditions of the new concessions as well as those that are reviewed or modified.
11. Road works on public limited channels shall be carried out by means of prefabricated drawers, not allowing the solution of vats by means of parallel pipes. The section of such drawers shall be sized to evacuate without damage a flow of avenues with a return period of 50 years.
Article 45. River natural reserves.
1. In accordance with the provisions of Articles 4 (2) (b) (c) of the recast of the Water Act, and 22 of the Regulation on Hydrological Planning, and in compliance with the powers of the various national authorities, Public administrations, it is proposed for its designation as a Inland Natural Reserve the stretch of the river Guadstart whose limits and characterization are detailed in Appendix 10 along with its cartographic representation.
2. For appropriate purposes, the set of elements constituting the Hydraulic Public Domain shall be considered as a reserve zone in accordance with the protection measures in the sections of the river of such natural river reserves.
3. The Basin Agency shall communicate to the competent authorities in the management of the territory, the natural river reserves and the limits of the associated reserve zones, so that they are respected in the order and plans that are establish on land use. In this sense, the urban planning instruments will contain the appropriate forecasts to guarantee the non-condition on the associated water and environmental resources.
4. In accordance with the content of Article 22 of the Regulation of the Hydrological Planning, there will be no significant pressure on the sections of the river natural reserve to supply the population as well as the uses of water and other activities that are compatible with the maintenance of their very good ecological status. Likewise, and without prejudice to the foregoing, all the private uses of the Public Water Domain provided for in the current legislation are prohibited in the areas of river natural reserves. In this sense, in the river natural reserves the Basin Agency will not grant any type of the concessions or authorizations referred to in the Regulation of the Public Water Domain.
Article 46. Protected zones.
According to the provisions of Articles 43.2 and 99a of the recast of the Law of Waters and 24 of the Regulation of Hydrological Planning, 8 Protected Areas, of the Memory of the Hydrological Plan, are included in the Annex. inventory of protected zones in the Demarcation along with their characterization and cartographic representation.
Article 47. Protection perimeters in groundwater fetches intended for human consumption.
1. All groundwater fetches intended for human consumption shall have their corresponding protection perimeter in accordance with the provisions of Article 173 of the Water Public Domain Regulation.
2. To these effects, the Hydrological Plan includes in Appendix 5 of the Annex 8 Protected Zones, of the Memory of the Project of Hydrological Plan, the proposal for the delimitation of Safeguard Zones and Perimeters of Protection of the water fetches underground intended for human consumption.
3. The order of priority to carry out such a determination shall take into account the degree of risk of contamination present in the collection and of the population actually supplied, considering the following ranges:
1. º Over 15,000 inhabitants.
2. º Between 2,000 and 15,000 inhabitants.
3. º Less than 2,000 inhabitants.
4. In applications for the use of groundwater for human consumption that provide an average daily average of more than 10 m3 or serve more than 50 persons and after the entry into force of this Hydrological Plan, it will be possible require a justified protection perimeter proposal with an appropriate technical study.
5. The protection perimeter proposal referred to in the previous paragraph shall be made in accordance with the following guidelines:
(a) The proposal for the delimitation of protective perimeters shall be accompanied by a technical report by a technical or technical competent that includes and justifies the limits of the proposed zoning, uses and concessions potentially affected by such a zoning as well as, where appropriate, its characterization in quantitative terms, in particular, concerning the condition relating to the rights related to registered use, flow rates and limitation of uses.
(b) The report shall include, inter alia, the following:
1. The methodology used for defining the proposed delimitation and results.
2. Proposal for delimitation of protection perimeter zoning and its justification on the basis of the hydrogeological characteristics of the aquifer and the underground flow, the characteristics of the collection and the Planned operation, the catchment area of the catchment area corresponding to the isocrones or transit times of 45, 60 and 90 days in accordance with the planned operating system and the preservation of the quantity and quality of the resource caught.
3. º Inventory and characteristics of the concessions and uses potentially affected by the proposed delimitation.
4. Information on current spatial planning and zoning figures affecting the territorial scope of the protection perimeter requested.
5. Identification of the uses and activities developed in the territorial scope of the perimeter of protection and degree of compatibility with the proposed zoning, in particular of those installations or activities referred to in Article 173.6 of the Regulation of the Hydraulic Public Domain.
6. Proposition of conditioning to impose on the geographical scope of the perimeter of protection to installations and activities that may affect the quality or quantity of the resource.
6. In accordance with the content of Article 173.7 of the Regulation of the Hydraulic Public Domain, the Basin Agency shall communicate to the competent authorities in the management of the territory the geographical delimitation of the protection perimeters. for the collection of groundwater intended for human consumption to be determined together with the conditions which, within its territorial scope and in respect of the activities or installations which may affect the quantity or quality of the waters (a) to ensure that they are taken into account in the system and that they are plans to be established for land use.
Article 48. Protection of groundwater against the intrusion of salt water.
1. According to Articles 99 of the recast of the Water Law and 244 of the Regulation of the Public Hydraulic Domain, an aquifer or zone will be considered to be in the process of salinization when, as a direct consequence of the (i) to take account of the fact that there is a gradual and widespread increase in the saline concentration of the water collected, with a clear danger of becoming unusable. The determination shall take into account the threshold values for the salinisation indicative parameters set out in the chemical status assessment as defined in Appendix 2.
2. The Basin Agency, in compliance with the provisions of Article 57 of this regulation, will carry out a periodic assessment of the quantitative and chemical status of the underground water bodies of the Demarcation. If, as a result of such monitoring, the existence of areas subject to such salinisation processes which determine the assessment in their chemical status as bad, or at risk of being, shall be determined, they shall be determined by salinisation.
3. This declaration shall include, inter alia: the area concerned, the intensity and extent of the condition, the trend observed and the likely trend in the event that no appropriate measures are taken, as well as the identification of the uses, including the environmental, affected.
4. For those salinization processes that are closely related to the overexploitation of resources, the salinization declaration will include, in addition to the system of allocation of underground water resources for the use of included in the affected area and environment, the volumes needed to reverse the situation created, to push back, where appropriate, the saline intrusion front and to improve, in short, the assessment of the state of the affected groundwater mass.
5. In addition, the determinations on the control network necessary for the development of the operational control programme of the salinisation process and, where appropriate, the guidelines for spatial reordering of all water extractions shall be included. their more rational exploitation, in accordance with the provisions of Article 244.2 of the Regulation of the Hydraulic Public Domain.
Section 2. Vertids
Article 49. Discharge authorizations.
1. All discharges must comply with the emission characteristics laid down in the current regulations that apply in such a way as to enable compliance with environmental quality standards and do not compromise the achievement of environmental objectives. fixed for the mass of water in which the discharge is carried out, both considering it individually and in conjunction with the other discharges.
2. The stormwater runoff which is contaminated by a particular activity and is collected in a collecting system, either unitary or separate, must be purified in such a way that, after its discharge into the Public Hydraulic Domain, it does not cause the non-compliance with the quality standards and environmental objectives set for the water mass in which the discharge is carried out. To this end, the person responsible for the said discharges must obtain the discharge authorization from the Basin Agency or the integrated environmental authorization of the Autonomous Community competent in the event that the activity is included in the field of application of the Law 16/2012 of 1 July on integrated control and prevention of pollution.
Article 50. Urban discharges.
1. The design and construction of wastewater and runoff sanitation networks in new urban development projects will take into account the provisions of Article 259 of the Regulation of the Public Hydraulic Domain.
2. The incorporation of runoff waters from areas outside the urban agglomeration into the networks of collectors of urban waste water or other waters other than those for which they were designed shall not be permitted. in duly justified cases. However, in such cases the works and installations referred to in paragraph 4 of this Article shall be available.
3. The Basin Agency shall define the maximum flow to be allowed in the purification systems for the purpose of depurging rain runoff. In the absence of specific studies, a flow rate of twice the average rate of secondary treatment and three times the average rate of pre-treatment should be taken as a reference value provided that the retention system is provided for and evacuation to sewage treatment, regulated in the following section, and twice the average rate of secondary treatment and five times the average rate of pre-treatment if the indicated systems are not foreseen.
4. In order to reduce the pollution caused by heavy rain, the owners of urban waste water discharges will have the obligation to put into service the works and facilities to retain and evacuate. The first runoff of the sewerage network with high concentrations of pollutants produced in said episodes is suitably directed towards the urban wastewater treatment station. To this end, the discharge authorisations to be resolved from the date of entry into force of this legislation shall contain, in their condition, the obligation to project, implement and to put into service such works and installations during the period of validity of the corresponding authorization, with a dimensioning according to the best known techniques, until a technical instruction to the effect is not developed.
5. The re-establishment sewerage networks must be constructed in such a way as to ensure the sealing of the joints between successive sections. To this end, except special justification, the joints formed by brick or concrete keys shall not be permitted. In addition, the flood relief of these nets shall be calculated in such a way as to ensure that the flow of the evacuated flow, contains a dilution provided by the stormwater runoff, of the average waste water flow set out in paragraph 3 of this Regulation. Article.
6. Where an urban sanitation network is intended to be carried out, an industrial spill which may have a particular impact on the quality of the receiving medium, the corresponding regional or local authority to which it is responsible for processing and granting the relevant Discharge authorization referred to in Article 101.2 of the recast of the Water Act, shall request the Basin Agency for the prior report required by Article 245.4 of the Regulation of the Public Hydraulic Domain. It is considered that they may have a particular impact on the quality of the receiving medium, discharges containing any of the substances listed in Annex IV 'List of dangerous substances' in the Hydrological Planning Regulation, as well as discharges with a maximum daily pollutant load of more than 10% of the daily treatment capacity of the authorised urban sewage station.
Article 51. Discharges from industrial areas.
1. In the case of industrial waste water collectors 'networks, the incorporation of runoff water produced in areas outside the scope of industrial activity or other waters which are not the same for the purposes of the waste water collectors' networks shall not be permitted. that were designed.
2. No flood relief will be allowed on the collection and debugging lines of:
(a) Water with substances in Annex IV to the Hydrological Planning Regulation.
(b) Waste water and industrial process, and in particular those containing the substances referred to above.
c) Contaminated stormwater runoff water.
3. The holder of a discharge authorisation, the obligation to regulate its flow rate, as well as the requirement to place the precise facilities for this regulation, may be imposed prior to the purification or the primary treatment.
4. Operators who generate waste water containing substances listed in Annex IV to the Hydrological Planning Regulation shall install in their system of sanitation and purification physical obstacles to prevent their discharge. accidental or intentional to the river or aquifer system. Consequently, the purification stations of the holder of the said activity and the receiving of such waste water shall have the relevant facilities to store the untreated waters resulting from sudden or scheduled stops of the same, or the waters insufficiently treated by an abnormal or deficient operation of the treatment plant. The dimensions and waterproofing of these storage facilities shall be adequately described and justified in the relevant project for the construction of the sewage treatment plant.
Article 52. Discharges from the activities included in the environmental liability legislation.
1. Taking into account the definitions and provisions contained in Law 26/2007 of 23 October of Environmental Liability, the operators of any of the economic or professional activities included in that law, damage or threat of damage to the Public Domain Hydraulic refers to:
(a) They are required to immediately communicate to the Basin Agency the existence of damage to the waters of the Public Water Domain or the imminent threat of such damage, which they have caused or may cause.
b) In the face of an imminent threat of damages to the waters of the Public Domain Hydraulic originated by any economic or professional activity, they have the duty to adopt, without delay and without need of warning, of requirement or of prior administrative act, appropriate preventive measures.
(c) In addition, where damage has occurred to the waters of the Public Hydraulic Domain caused by any economic or professional activity, they have the duty to adopt on the same terms, the appropriate measures of avoidance of new damage, irrespective of whether or not they are subject to the obligation to take remedial measures in accordance with the provisions of the environmental liability legislation.
(d) to inform the Basin Agency as soon as possible of the measures for the prevention and avoidance of further damage, as well as all aspects relating to damage to the waters of the Public and Water threat of such damage. If the threat of damage has not disappeared despite the adoption of the measures to prevent or prevent further damage, they shall be brought to the immediate attention of the Basin Agency.
e) The operator of any of the economic or professional activities listed in Annex III of Law 26/2007 of 23 October, which causes damage to the waters of the Public Water Domain as a result of the development of such activities, are obliged to put it to the immediate knowledge of the Basin Agency and to take the remedial measures that proceed in accordance with the provisions of this law, even if it has not incurred, guilt or negligence.
(f) The operator of an economic or professional activity not listed in Annex III of Law 26/2007 of 23 October, which causes damage to the waters of the Public Water Domain as a result of the development of such activity, is obliged to put it to the immediate knowledge of the Basin Agency and to take the measures of avoidance of further damage and, only when it mediates dole, fault or negligence, to take the remedial measures which come in accordance with the provisions of the in that law. In any event, operators who have failed to fulfil their duties on measures for the prevention and avoidance of damage shall be obliged to take remedial measures.
2. Without prejudice to the above and to the various administrative authorizations specified for the purpose of carrying out the activity, the operator of any economic or professional activity listed in Annex III to Law 26/2007 of 23 October, shall inform the Basin Agency, at least annually, of the results obtained in the monitoring and surveillance carried out during the operational phases; closure and subsequent maintenance of the plant, on the premises, on the extremes that are relevant to the proper protection of the Hydraulic Public Domain.
3. In accordance with Article 92.g of the recast text of the Water Act, buried tanks containing any of the substances listed in Annex IV to the Hydrological Planning Regulation shall be provided with: Before 31 December 2015 of the relevant systems for the detection of leakage and containment of these leaks in impermeable enclosures (such as cubeto with diver tube, double wall with leak detection or other system providing protection similar).
4. If the operator of the activity to which the holding of such tanks is attached, he/she has been credited with having undergone a waterproofing intervention after the year 1999 and has undergone such an intervention to the relevant proof or proof of tightness, with favourable results all of them, the maximum time limit for the adjustment referred to in the preceding paragraph may be extended until 31 December 2021.
Section 3. Water Reutilization
Article 53. Reuse of purged wastewater.
In deficit systems and subsystems, and in particular in the Upper Guadiana sub-system, the reuse of waste water shall be authorised or granted, where appropriate, exclusively for the replacement of resources from conventional sources, so as to ensure that the indicated deficit is not increased, and in accordance with the quality criteria set out in Articles 4 and 5 of Royal Decree 1620/2007 of 7 December establishing the scheme The legal basis for the reuse of clean water.
For the purposes of the replacement of resources, account shall not be taken of the allocation of concessional or private water rights, but of those that have been established to overcome the deficit situation in the system or subsystem of exploitation.
Article 54. Recirculation of irrigation returns.
1. The circulating waters of the azarbes and collectors within the limits of the regable area corresponding to the area with the right to irrigation to which the water concession is linked, as long as the reintegration into the river does not occur, have the consideration of waters already granted, so that their recirculation for irrigation of that regable area shall not be considered new use.
2. The use of irrigation returns from a regable area with concession, where it is not to be carried out within the same regal area as they come from, shall be the subject of a concession, the volume of which shall be taken into account in the control of returns. for the purposes of Article 6 of Order ARM/1312/2009 of 20 May 2009.
3. All irrigation returns must comply before their incorporation into aquifers or channels, the environmental quality standards and regulations associated with the receiving medium.
CHAPTER VIII
Economic and Financial Regime of the Use of the Hydraulic Public Domain
Article 55. Applying the principle of cost recovery.
1. In accordance with Article 111a (1) and (2) of the recast of the Water Act and Article 42 of the Hydrological Planning Regulation, the fees and charges of the financial economic system covered by Articles 112 to 115 shall apply. of the recast of the Water Law, on the beneficiaries of the works of the Program of Measures financed by the General Administration of the State. The economic analysis of the cost recovery principle of water-related services in the Guadiana Hydrographic Demarcation is collected in Annex 10 of the Report
2. For the purposes of Article 111 bis.3 of the recast of the Water Act, in respect of the principle of the recovery of costs of water-related services, during the period of validity of this Hydrological Plan, only derogations from that principle may be laid down if the conditions laid down in paragraph 3 of that Article are met.
CHAPTER IX
Monitoring and Review of the Hydrological Plan
Article 56. Natural river reserves designated after the hydrological plan.
According to Articles 42 of the recast of the Water Act and 22 of the Hydrological Planning Regulation, when a natural river reserve is designated after the approval and entry into force of this Plan Hydrologic shall be incorporated into the Inventory of Inland Natural Reserves of Demarcation and the Register of Protected Areas.
Article 57. Follow-up to the Plan.
1. In accordance with Article 88 of the Hydrological Planning Regulation, the monitoring of this Hydrological Plan will be carried out at least on the following aspects:
a) Evolution of natural and available water resources and their quality.
b) Evolution of water uses and demands.
c) Degree of compliance with ecological flow rates.
d) State of the surface water and groundwater masses.
(e) Implementation of the Action Programmes, in respect of the updated investment figures provided for in each programme, degree of implementation of the programme, sources of financing of the investment implemented, recovery of costs of the actions and the adequacy of the criteria laid down in the hydrological plan.
f) Effects on the water bodies of the implementation of the Programme of Measures, including the effects of the actions on pressures suffered by the water bodies, degree of compliance with the flow rates ecological, degree of attention to the demands foreseen in the hydrological plan and socio-economic and territorial and sectoral effects.
2. The agents or authorities responsible for implementing actions provided for in this Plan will provide the Basin Agency during the first quarter of each year, information on the development of the actions they undertake to implement. This information shall include the aspects reflected in the relevant data sheets of the Hydrological Plan Memory, in particular, service or person responsible for the action and form of contact for the purposes of public information, updating of the investment envisaged for each performance and investment actually carried out during the year and from the source, expected deadlines for completion and effective implementation of the performance, sources and conditions of financing the investment, the legal system of recovery of costs to which the action is welcomed, the level of recovery of the costs of the performance and the adequacy of the criteria laid down in the hydrological plan, specifying whether any non-depreciable residual value of the investment is considered.
3. The Basin Agency shall develop and maintain an information system to be used for the monitoring and review of the hydrological plan, in particular for:
(a) to report at a frequency not exceeding the year to the Water Council of the demarcation and to the Ministry of Food and Environment, as well as to the Committee of Competent Authorities of the Demarcation on the development of the plans,
b) to present an interim report on the implementation of the Action Programme,
c) submit the reports required by the European Commission on the hydrological plans,
d) facilitate citizen information and participation in planning.
4. The content of the information system shall be made available to the general public through the contact points for consultation and procurement of documentation and information related to the Plan referred to in Article 59.4. Such content shall be updated at least annually.
5. Appendix 11 indicates, for the environmental aspects considered relevant, the environmental objectives that are intended to be achieved with the development of the Plan, the associated indicators proposed together with their current and future situation. end the scheduling period.
6. If the deviations that are observed so advise, in accordance with Article 89 of the Hydrological Planning Regulation, the Water Council of the Demarcation may agree to the revision of the Plan, which may also be ordered, after agreement. with the ministerial departments concerned, by the Ministry of Agriculture, Food and the Environment. In any event, a complete and periodic review of the Plan shall be carried out in accordance with the provisions of the Additional Article 11 (6) of the recast of the Water Act.
7. The Guadiana Hydrographic Confederation will be able to form follow-up commissions with the various agents of the Plan, especially with the representatives of the Central Administration and the Autonomous Communities to set criteria for coordination of the programmes of works and investments carried out by these bodies, carried out by their budgets, in line with the plan.
Article 58. Agents of the Plan.
1. They are competent authorities of the Spanish part of the Guadiana Hydrographic Demarcation:
(a) The bodies and entities of the General Administration of the State with powers over the exploitation, protection and control of waters in the territorial scope of this hydrological plan.
(b) The bodies and entities of the Autonomous Communities whose territory is fully or partly part of the territorial scope of this hydrological plan, with powers over the protection and control of waters.
(c) The Local Entes, whose territory is fully or partially in the territorial scope of this hydrological plan, with powers over the protection and control of waters.
2. The Committee of Competent Authorities of the Spanish part of the Guadiana Hydrographic Demarcation has the function of ensuring adequate cooperation in the application of the rules, both Community and national, to protect the waters of its territorial scope.
3. The present composition of the Committee of Competent Authorities of the Spanish part of the River Demarcation River of Guadiana, designated in accordance with the provisions of Royal Decree 126/2007 of 2 February, which regulates the composition, functioning and attributions of the Committees of Competent Authorities of the river basin districts with inter-community basins, is included in the following table n. 7.
Table 7. Composition and functions of the Committee of Competent Authorities (CCS)
| Function | Body | Charge | |
|---|---|---|---|
| . | Guadiana Hydrographic Confederation (Ministry of Agriculture, Food, and Middle Environment). | President of the Guadiana Hydrographic Confederation. |
Avd. Sinforiano Madronero, 12. 06011 Badajoz. |
| Secretary. | Guadiana Hydrographic Confederation (Ministry of Agriculture, Food and Environment). |
Secretary General of the Guadiana Hydrographic Confederation. | Avda. Sinforiano Madronero, 12. 06011 Badajoz. |
|
Vocal. | Directorate General of Water (Ministry of Agriculture, Food and Environment). | General Manager. | P. San Juan de la Cruz, s/n. 28071 Madrid. |
|
Vocal. | Directorate-General for Rural Development and Forestry Policy (Ministry of Agriculture, Food and Environment Environment). | Director General. | Alfonso XII, 62, 5 th floor. 28071 Madrid. |
|
Vocal. | Department of Agriculture, Fisheries and Environment (Junta de Andalucía). | General Secretary for Environment and Water. | Avd. Manuel Siurot, 50. 41071 Sevilla. |
|
Vocal. | Promotion Department (Castilla-La Mancha Board of Communities). | Promotion Counselor. | P. Christ de la Vega, s/n. 45071 Toledo. |
|
Vocal. | Department of Development, Housing, Spatial Planning and Tourism (Government of Extremadura). | Director General of Roads and Hydraulic Works. | Avenue of Communities, s/n. 06800 Merida. |
|
Vocal. | Spanish Federation of Municipalities and Provinces. | Representative. | Nuncio Street, 8. 28005 Madrid. |
Article 59. Organization and procedure for making public participation effective.
1. The Basin Agency shall establish the organizational system and framework framework associated with the development of public information, public consultation and active participation procedures for the monitoring and review of this Hydrological Plan.
2. The Basin Agency will coordinate the processes of public information, public consultation and active participation, as well as that of strategic environmental assessment for the review of the Hydrological Plan.
3. The methods and techniques of participation to be used in the different phases of the process will be, inter alia, interviews, open days, bilateral meetings, workshops, interactive participation, sectoral and multisectoral tables, conferences and round tables.
4. The contact points for the consultation and obtaining of documentation and information related to the Plan during the processes of public information, public consultation and active participation of the Hydrological Plan will be, as long as no other thing:
a) The headquarters of the Basin Agency in Badajoz and its delegation from Ciudad Real.
b) The official website of the Basin Agency.
c) The official website of the Ministry of Agriculture, Food and Environment.
HYDROLOGICAL PLAN OF THE SPANISH PART OF THE RIVER BASIN DISTRICT OF GUADIANA
APPENDICES TO THE REGULATIONS
[Appendices omitted. Refer to the original PDF.]
