By virtue of the powers conferred by the Waters Act (Refunded text approved by Royal Legislative Decree 1/2001 of 20 July, "BOE" of 24 July), this basin agency, especially by articles 23.1.b), 24.a), 51.a) and 78, this Hydrographic Confederation, seen the reports issued by the Autonomous Communities and the administrative units of this agency, resolves:

1. The limitations and conditions for the exercise of sports and recreational navigation refer exclusively to the continental waters of the Guadiana basin. It is therefore not an application to the transitional waters and specifically to the waters of the Guadiana river between the Chanza Dam and its mouth, as well as those of the Carreras river.

2. Allow the exercise of day-to-day navigation, between sunrise and sunset, in the reservoirs of the Guadiana basin listed in annex 1, and in the modalities shown in the same, without prejudice to the limitations, space or time, which may be contained in the following points, and provided that the depth available for the practice of navigation or floating is greater than one metre.

3. Windsurfing boards, float tubes and row-powered boats with slore less than 2.50 m are considered complimentary toilet artifacts, subject to the common use regime of the hydraulic public domain and will not require the presentation of responsible declaration for use. They can only be used in water masses where the bathroom is not prohibited. However, in the case of events, due to the condition that occurs in the rest of the users, the organizer of the event must present the corresponding responsible statement together with the documentation indicated in point 28 of this resolution.

4. The navigation in any section of unpacked river will be reduced to the development of public activities, located in space and time (fishing courses from boat, river routes and descents, public services for the rental of boats, etc.), and will require the prior and express authorization of this Hydrographic Confederation, which must be requested at a minimum of three months, clearly describing the type of activity, and indicating the exact season, The practice of aquatic skiing is also subject to administrative authorization.

5. The prior cleaning and disinfection of all vessels as well as the means of floating in events that have been used in waters other than those located in the area of management of the Guadiana Hydrographic Confederation is mandatory, in accordance with the protocol of disinfection of vessels to prevent the entry of the Zebra mussel in the Guadiana basin, which is attached as annex 2 to the present resolution, as applicable to each case.

The Guadiana Hydrographic Confederation has mobile facilities for the cleaning of boats and motors, and for the collection of waste, which can be used on request, indicating that it is the disinfection of vessels to prevent the invasion of the Zebra mussel. However, if, for any reason, the Basin Agency could not, or would not be in charge of providing this service, the applicant shall be responsible for the pre-execution of these prevention measures in places authorized to do so, and must submit proof of their implementation.

6. Forbid all types of navigation in the following navigable reservoir areas:

Rios Estena and Fresnedoso, in the glass of the Cíjara reservoir.

Arroyos del Corazoncillo and Encinarejo, in the glass of the Cíjara reservoir.

Guadiana River, in the glass of the Cíjara reservoir, upstream of the road of Villarta de los Montes - Bohonal.

Guadiana River, in the glass of the Cíjara reservoir, north of the islands of Solana de la Dehesa and Dos Sierras.

Guadiana River, in the glass of García de Sola reservoir, upstream from the Castilblanco bridge to the foot of Cíjara Dam.

Arroyo de la Almagrera, in the glass of García de Sola's reservoir.

Arroyo de Valmayor, in the glass of García de Sola's reservoir.

Arroyo Pelochejo, in the glass of García de Sola reservoir, upstream of the town of Peloche.

Guadalemar River, in the glass of the La Serena reservoir, upstream of Cerro Masatrigo to the tail of the reservoir.

Río Zújar, in the glass of the reservoir of La Serena, upstream of the road Capilla-Garlitos, to the tail of it.

Guadiana River, in the glass of the Orellana reservoir, upstream from the mouth of the Las Valsecas stream, to the foot of García de Sola Dam.

Río Matachel, in the glass of the Alange reservoir, upstream of the Almendralejo-Palomas road bridge.

7. In the Spanish area of the Alqueva reservoir, until the publication of the navigation letters, only canoes or kayaks will be allowed, under their own responsibility for the existing submerged obstacles. In the rest of cases navigation will only be allowed through the balized corridors to the Portuguese area.

8. Prohibit motor navigation in the reservoirs of El Vicario and Torre de Abraham, from February 1 to July 31.

9. Prohibit all types of navigation between 1 January and 31 July in the Villar del Rey reservoir, from the mouth of the Albarragena creek (between the Azagala Castle and the Casa de Retuerta), until the end of the tail of the reservoir.

10. Prohibit all types of navigation in the Montijo reservoir, downstream of the Merida azud, from March 1 to July 31.

11. Prohibit navigation and floating at less than 200 m of dams, sugars and their organs of take or drain. In those reservoirs where beacons have been laid, navigation in the area between the beacon and the dam is prohibited.

12. Prohibit motor navigation in the adjacent strips on the edge of the reservoirs in a width of 50 m, except for anchoring, stranding or exit. To cross this strip the boat will be governed following a perpendicular path to the coastline and always at reduced speed that will not exceed 3 knots (5.5 km/h).

13. Prohibit the mooring of boats and disembarkation, for any purpose, as well as anchoring and navigation less than 25 m on the islands existing in all reservoirs.

14. Prohibit navigation at distances less than 100 m from any bathroom area, except in the sleeves or balized corridors of departure and access of boats.

15. Prohibit navigation in all public natural lagoons and wetlands in the territory administered by the Guadiana Hydrographic Confederation, with the exception of those and those in which their corresponding autonomic legislation provides for navigation as a permitted use. In such cases, the responsible declaration must present the authorisation of the competent autonomous body expressly authorizing navigation.

16. The navigation of ships powered by two-time carbide engines will not be authorized.

17. The navigation of motor or sailboats with a length of more than 4 meters, or of any vessel propelled by an engine of power equal to or greater than 5 hp, will need to be covered by a liability insurance of compulsory subscription whose scope and limits are, at least, those set out in chapter II of Royal Decree 607/1999 of 16 April, which approves the Regulations of the insurance for recreational or sporting vessels. For the risks arising from the participation in races, tests, competitions of all types and their trainings, as well as the provision of public services for the rental of any type of boat, a special insurance must be subscribed to cover the civil liability of the interested parties, at least for the amounts and with the scope of the mandatory coverage established in the aforementioned Regulations.

18. Limit the power of the engines used throughout the basin to a maximum of 240 hp. And limit the speed of navigation of the vessels to a maximum of 16 knots (30 km/h), in any case.

19. The Guadiana Hydrographic Confederation declines all responsibility for the possible damages and accidents that people and property may suffer from collisions with any type of obstacle in the water, either as a result of the decline in the levels of the water foil, or for any other cause that occurs in the exercise of navigation or floating. In no case will the evolution of levels in rivers and reservoirs be conditioned by the practice of navigation in them.

20. For navigation for scientific, monitoring or salvage purposes, the responsible declaration should be submitted for the purpose of initiating registration allocation procedures, in compliance with article 58 of the Hydraulic Public Domain Regulations. These vessels are exempt from the limitations set out in this resolution except that set out in point 16 on the prohibition of sailing with two-time engines. Likewise, it is exempt from the payment of the canon of use of the public domain.

21. The responsible statement allows, in accordance with Article 51bis.3 of the Hydraulic Public Domain Regulations, as stated in it and under the conditions of this Resolution, the exercise of navigation from the day after its presentation at the Guadiana Hydrographic Confederation, without prejudice to the powers of verification, control and inspection of the basin agency. The inaccuracy, falsehood or omission, of an essential nature, in any data, manifestation or document that is accompanied or incorporated into the declaration referred to, or the non-representation of the declaration before this body, shall determine the impossibility of continuing the exercise of navigation from the moment in which such facts are recorded, without prejudice to the responsibilities, criminal, civil or administrative to which there was a place.

Once it checks its compatibility with the intended uses for the stored waters, protecting its quality and limiting access to the deriving or draining areas, the Guadiana Hydrographic Confederation will forward to the data subject within 15 working days the aforementioned declaration with a seal in accordance. The statements responsible shall have a maximum period of one year.

The responsible statement referred to in article 3.9 of Law 17/2009 of 23 November (the document signed by the person holding a business or professional activity in which he declares, under his responsibility, that he meets the requirements set forth in the current regulations, that he has the documentation that he so credits and that he undertakes to maintain his compliance during the duration of the activity), on the free access to the activities of services and their exercise, shall be presented for a minimum period of use of the period of the performance.

22. The boats must carry the corresponding plates on the starboard side, together to the bow and at least 20 cm above the floating line.

23. The responsible declaration allows the exercise of navigation to the declarant and authorized persons, provided that they have the corresponding title issued by the competent agency, with the boat described in the aforementioned declaration. In the case of minors, the father/tutor shall be responsible for the presentation of the declaration.

24. During the exercise of the navigation the person concerned must be in possession of the responsible declaration, certificate of the boat and, if necessary, certificate of the engine and liability insurance policy.

25. The nautical motorbikes are considered boats powered by an explosion engine. However, when it coincides an area where the explosion motor navigation is allowed with another cover for the celebration of any authorized sporting event, the navigation of nautical motorbikes outside the sporting event will not be allowed.

26. Propose the canons of use of the hydraulic public domain for the exercise of navigation and floating in application of the provisions of Article 112 of the Refounded Text of the Law on Waters. In this way it is defined:

Imponible Fact: Navigation in reservoirs and channels of the hydraulic public domain.

Imponible base: The slora and displacement system as defining parameters of the degree of intensity of the use of the public domain and the benefit derived from it. The tax base of each of the categories has been obtained from the market value of ships and means of floating (annex 3).

Gravamen type: 5 per 100.

The invention of this canon will be due to the initial award and will be agreed on annually. For periods below the year, it will be applied for minimum quarterly periods proportionally to the values set out in the following tables:

The use of the hydraulic public domain by boat and year (or season in the case of public services) is:

In the case of events, the use canon of the hydraulic public domain is established according to the type and number of vessels, with a minimum value of 69.39 euros per event:

The canon established for disinfection by boat or half of floating is:

27. The Guadiana Hydrographic Confederation, at the request of the interested parties, may authorize navigation in events, activities or services that, not yet complying with the limitations of this resolution, are deemed sufficiently motivated and consistent with the objectives it intends, and may entail acceptance by the applicant, prior and express, of the particular circumstances of the authorization. The request in these cases must be made at least three months prior to the date or dates intended for the activity.

28. Except in the case of particular users, the responsible statement must be accompanied by a memory, in which the type of activity to be carried out will be described, rates to be applied (if any), the planned areas of lading and beacon, as well as any other relevant circumstances about the activity. In the event, the type of participating vessels and the object of the same will be indicated. It will accompany this memory, a plane of situation in which the reservoir areas or stretch of river in which the navigation will take place, as well as the boarding points will be indicated.

29. The public services for the rental of vessels should be used on both sides in the area for exit sleeves and access of the vessels, at least in a length of 15 m in the area, depending on the areas for the bath.

30. Public services for the rental of vessels that will permanently occupy an area within the public domain or its areas of servitude/police, must request the corresponding administrative authorization that will be independent of the presentation of the responsible declaration for the exercise of navigation.

31. Failure to comply with any prohibition or limitation established in the above points by users will entail the initiation of the appropriate sanctioning file, with the imposition of penalties and compensations that are legally applicable.

32. To repeal the resolution of 19 December 2011 of the Guadiana Hydrographic Confederation, on limitations to sports and recreation in the rivers and reservoirs of the Guadiana basin.

33. The present resolution will enter into force on the day after its publication in the “Official Gazette of the State”.

Badajoz, February 4, 2013. – The President of the Guadiana Hydrographic Confederation, José Díaz Mora.

Annex 1

Allowed reservoirs and modalities

Annex 2

Ship disinfection protocol to prevent the entry of the zebra mussel (Dreissena polymorpha) in the Guadiana basin

The zebra mussel (Dreissena polymorpha) is a species originating from the waters of the Black Sea and Caspian. Because of its invasive nature and the serious environmental and economic damage it can produce, preventive measures are needed to avoid its entry into the Guadiana basin. In particular, regarding the disinfection and cleaning of vessels or materials that may come from already infested areas, since this species has the possibility to move in a larval state in the waters that remain in the boats, vehicles or trailers, and even in the fishing gears or other utensils.

A. Motor landings.

A.1 Cleaning of the exterior elements of the boat, trailer and vehicle.

All parts of the boat, trailer and vehicle that have been in contact with water, as well as containers or departments used as nurseries, should be cleaned for the storage of wastewater or water from the river.

Any rest that has been able to adhere to the hull or motor of the boat will be removed by means of hot pressure water. The minimum temperature of the washing water should be 60 °C and should preferably be chlorinated water.

The water used in the cleaning of the boat cannot in any case go to water courses or sewage networks, must be collected in deposits or poured directly into filtering ground.

The use of hydrolysing plants that meet the following characteristics is recommended:

Pressure: 160 bar minimum.

Working temperature: 60 °C minimum. Instant heater.

Caudal: 600-1,200 l/h.

A long enough hose to reach all parts to wash with comfort.

Food: preferably gasoil, to ensure the operation on any site without the need for electric socket.

If the disinfection at the entrance of the boat was not possible with a mobile cleaning and disinfection equipment, the nearest fixed disinfection station should be used.

Fumigar with disinfectant solution (to be added 1 ml/l, i.e. about 20 drops of bleach per litre of water) the areas of the boat less accessible.

A.2 Cleaning and renovation of the engine cooling circuit.

Cleaning should be done with a system that guarantees the circulation of hot water (60 °C) by the engine cooling system. There are mainly two types:

Dip the engine in a bowl with hot water, for small-size engines.

Circulate hot pressure water through the cooling circuit, directly, if possible, or with the help of special parts that facilitate this work.

At the end of the navigation, renew the engine cooling circuits with clean water. To do this, a small acceleration is recommended before stopping the engine to elevate the speed of circulation of the water and motor temperature, thus causing the death of the larvae. The water engine is then removed and rinsed with clean water.

B. Motor-free landings.

Before you put the boat into a river, you will ensure that the boat or piragua is completely dry and clean, to avoid the transfer of mussel larvae and the introduction of adults.

In the place where the disinfection takes place, the water is emptied from the inside of the piragua or barca. If the piragua is insubmersible, the inside of the hull must also be emptied.

The boat will be carefully inspected to remove any other that may appear attached to the helmet.

Fumigar with disinfectant solution (to be added 1 ml/l, i.e. about 20 drops of bleach per litre of water) the areas of the boat less accessible.

C. Sailing.

The process of disinfection and cleaning of the sailboats will be the same as that of the rowing boats, and if you have an auxiliary motor it will be cleaned and renewed as shown in A.2

D. Windsurfing boards and float tubes.

In events, the surfboards, in their different modalities, or the various means of floating (float tubes, ducks, catamarans...) will be subjected to disinfection and cleaning in a manner similar to rowing boats.

Disinfection of equipment

For all previous assumptions, where appropriate, the following recommendations will be followed:

The emptied of traces of ballast water and nurseries of the boat, tanks, seals, as well as of the equipment that have been in contact with the water.

Special care and attention should be given to those parts that may accidentally contain mussel specimens, such as the drawing of the sole of boots, hooks, screws, etc.

Fishing arts (nets, nasas, etc.) must be disinfected, either by immersion or fumigation with disinfectant solution (it must be added 1 ml/l, that is to say about 20 drops of lejy per litre of water). Particular care should be taken to ensure that the water is not returned to the aquatic environment, in order to avoid conditions to other organisms.

The rest of the sports equipment that has been in contact with water (coat, paddles, lifeguards, etc.) must be disinfected well by soak, immersion or fumigation with a disinfectant solution (it should be added 1 ml/l, i.e. about 20 drops of bleach for each litre of water). Particular care should be taken to ensure that the water is not returned to the aquatic environment, in order to avoid conditions to other organisms.

Competitions

The organizers of any sporting competition (fishing, canoeing, rowing ...) involving any type of boat or floating artifact, which takes place within the management area of the Guadiana Hydrographic Confederation, must ensure that all participating vessels or artefacts receive appropriate treatment to their characteristics. A certificate issued by the Guadiana Hydrographic Confederation or authorized Agency shall be required.

Annex 3

Impossible base

In the event case the use canon of the hydraulic public domain per boat will be obtained as a ten percent of the minimum value set in the previous table for each category. A minimum value of €69.39/event obtained from updating the canon set out in the resolution of 27 November 2008 is set (the update rate of 5.14 %).