I

The hydrological planning that was being carried out in our country and that has been recognized, along with the principle of management unit in the river basin, as one of the great contributions to the water policy by Spain, it has had to extend its concept for the collection of the approach and content required by Directive 2000 /60/EC of 23 October establishing a framework for the protection of the waters and ecosystems associated with them. Community action in the field of water policy, hereinafter referred to as the Framework Directive Water (DMA). With this, the Spanish hydrological planning now provides a more complete and integrative vision of what the management of the waters must be, bringing together the aspects of protection and environmental recovery with the ones of use and use of the resource, all within the framework of the three axes on which the WFD is developed: environmental sustainability, economic rationality, and transparency and social participation.

The incorporation into the Spanish law of the preeminent and higher legal issues contained in the DMA that are related to the hydrological planning, was carried out through modifications introduced in the year 2003 in the Recast Text of the Water Law (TRLA), approved by the Royal Legislative Decree 1/2001, of July 20. Among these issues we can highlight those relating to the establishment of conservation and recovery objectives for the good state of the water masses along with the achievement of a certain guarantee threshold for the satisfaction of water demands. In the same way, the legislative text defines hydrological planning as the driver instrument for achieving the environmental objectives identified for the European water bodies, and therefore the appropriate planning is imposed as a need and cannot be understood without the environment being the main reference of its content.

The development of these aspects has materialized in the Hydrological Planning (RPH) Regulation, approved by Royal Decree 907/2007, of July 6, in which the duality of contents that integrates the Spanish hydrological planning, protection and use of water resources.

Also through the Regulation of the Public Hydraulic Domain, approved by Royal Decree 849/1986, of April 11, are incorporated into the order aspects of the DMA related to the protection, conservation and improvement of the state of the water bodies, which are decisive for the content of the hydrological plans and, in particular, within the water bodies, for the programmes of measures.

With both regulations, a second level of transposition is established, collecting aspects of high content and technical detail that are not typical of a rule with a range of Law.

Finally, with a marked technical nature, the transposition of the DMA with the Instruction of Hydrological Planning, approved by the Order ARM/2656/2008, of 10 September, in which the criteria for the the homogenisation and systematization of the work of drawing up the river basin management plans for the inter-Community areas, this standard being the third level of transposition. It should be recalled that recently, a relevant part of the content of this Instruction, which does not apply to intra-Community basins, has been incorporated into the RPH as it is a basic legislation, as is the case with Royal Decree 817/2015, of 11 September, laying down the criteria for the monitoring and evaluation of the state of surface water and environmental quality standards, and with Royal Decree 1075/2015 of 27 November 2015 amending Annex II to the Directive Decree 1514/2009 of 2 October concerning the protection of groundwater against the pollution and deterioration.

On the other hand, hydrological planning extends to the coastal and transitional waters, which, not being a hydraulic public domain, are incorporated into the concept of river basin demarcation introduced by the DMA, thus configuring the territorial scope of the hydrological plans, and therefore it is necessary to take into account Law 22/1988 of 28 July, of Costas, and the other specific legislation applicable to these waters.

The regulatory framework for hydrological planning would not be complete without the mandatory reference to Law 10/2001 of 5 July of the National Hydrological Plan, which is offered as an instrument to provide adequate response to the problems that cannot be resolved from a single scheduling scope. Similarly, it is necessary to cite Law 21/2013 of 9 December of environmental assessment, which guarantees maximum environmental protection and gives a new impetus to sustainable development through the analysis of the significant effects on the environment. the environment of plans, programmes and projects before their adoption, approval or authorisation; through such principles as precautionary, preventive and precautionary action, correction and compensation of impacts and proportionality. In this sense, the hydrological plans are subject to strategic environmental assessment in terms of the RPH.

To complete the design of the regulatory framework, a mention is necessary of those rules that define the organizational and delimitation aspects of the territorial scope that apply to the hydrological planning. In this sense, article 40.3 of the TRLA establishes that the territorial scope of each hydrological plan will be matched with that of the corresponding hydrographic demarcation. Thus, the Royal Decree 125/2007 of 2 February, with the last amendments made to Royal Decree 775/2015 of 28 August 2015, motivated by its partial annulment by judgment of the Supreme Court of 9 June 2015, sets out the of each of the demarcations or of the Spanish part of the demarcations referred to in this standard.

In particular, this standard gives an answer to the requirements laid down in the additional provision sixth of the Royal Decree 125/2007, which states that the elaboration of the Hydrological Plan of the Spanish part of the demarcation The Eastern Cantabrian hydrograph will be carried out through the harmonic integration of the hydrological plans of the competent hydraulic administrations, having been transferred by Royal Decree 1551/1994, of July 8, to the Autonomous Community of the Basque Country, the functions and services on the Basins of the Basque Country. To this end, through the Partnership Agreement signed on 18 July 2012, the Collegiate Coordination Body was established, which is responsible for ensuring the management unit and the coordination of hydrological planning in the Spanish part of the hydrographic demarcation of the Eastern Cantabrian. This Convention establishes guidelines for the elaboration of the Hydrological Plan by means of the harmonious integration of the Hydrological Plan developed by the General Administration of the State for the inter-community basins, through the The Hydrographic Confederation of Cantabrian in accordance with Article 1.1 of Royal Decree 650/1987 of 8 May, and of the Hydrological Plan carried out by the Autonomous Community of the Basque Country for its internal basins, through the Agency Basque Water (URA), in compliance with Law 1/2006, of 23 June, of Aguas. Both plans were previously dealt with in their respective areas, but in a coordinated manner.

The action of the Basque Water Agency, in the area of regional competence, is also based on the provisions of Article 41.1 of the TRLA, where it is established that " the elaboration and proposal of further revisions of the plans the river basin hydrologic shall be carried out by the relevant basin body or by the competent hydraulic administration in the areas covered in full within the territorial scope of the autonomous community. '

From another point of view, coordination with neighbouring European Union Member States is essential to fit the various national parts of the plans into the international demarcations of shared territorial scope. For the demarcations of the Mino-Sil, Duero, Tajo and Guadiana, the structures and forecasts of the Convention on Cooperation for the Protection and Sustainable Use of the Water of the Spanish-Portuguese Hydrographic Watersheds are used. (Convention of Albufeira), of 30 November 1998; and in the case of the Eastern Cantabrian and Ebro the collaboration with France is articulated by taking advantage of the forecasts contained in the Administrative Agreement between Spain and France on Water Management (Agreement of Toulouse) of 15 February 2006.

Finally, the Ceuta and Melilla demarcations are not set up as international demarcations; however, it will be necessary to coordinate some of these plans with the neighboring State. provides the Treaty of Friendship, Good Neighborliness and Cooperation between the Kingdom of Spain and the Kingdom of Morocco, made in Rabat, on 4 July 1991.

In this context, the process of convergence of water policies between the different States requires taking into account the international treaties signed by Spain, in particular: the United Nations Convention on the protection and use of cross-border water courses and international lakes, done at Helsinki on 17 March 1992; the OSPAR Convention on the Protection of the Marine Environment of the North-East Atlantic, made in Paris on 22 September 1992; 1992, and the Convention for the Protection of the Mediterranean Sea against Pollution (Convention of Barcelona), whose Protocol on the protection of the Mediterranean against pollution of land origin, adopted in 1996 and ratified by Spain in 1999, has been in force since 2008.

At the state level, in order to ensure proper cooperation in the application of water protection rules, in the case of river basin districts with inter-community basins to which this applies, royal decree, the Committees of Competent Authorities, whose composition, functioning and attributions are regulated in Royal Decree 126/2007, of February 2. These authorities are also responsible for transferring all information regarding the demarcation required by the European Union to the Ministry of Agriculture, Food and the Environment.

Finally, although they do not constitute regulatory obligations, the hydrological planning also takes into account the documents derived from the Common Strategy for the Implementation of the Water Directives that the European Commission is promoting and in particular the Communication of 14 November 2012 from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions entitled "A Blueprint to Safeguard Europe's Water Resources" and the new documents recently developed or updated guidance, especially the " WFD Reporting Guidance 2016 ", adopted by the European Water Directors in June 2014.

II

The achievement of the objectives pursued by hydrological planning is projected as a continuous work over time, through successive six-year reviews of the hydrological plans, which makes it possible to distinguish between different phases or cycles within the continuous scheduler process.

The first cycle comprises the period 2009-2015. After this first phase, the approval of the hydrological plans of the second cycle, for the period 2015 -2021, is carried out, reviewing and updating the first ones with the documents that are adopted with this standard. The procedure for this is described in Article 41 of the TRLA and detailed in Article 89 of the RPT. Following the approval procedure, the new hydrological plans replace the previous ones, which are repealed.

The experience of the first cycle, charged with litigation, provides a relatively extensive case law of the Supreme Court by crediting the full legality of those plans, with very specific exceptions, since the practice All of the Sentences are being dismissed from the resources against them interposed. In a good part of the cases they are resources related to the legality of the ecological flow system.

With all this, the data of the validation of the legal solutions adopted by the plans of the first cycle for the almost totality of the established case-law and that, logically, is used to construct the dispositions The new rules should be taken into account by those who have been insisting during the consultation and participation stages on the same issues already judged, even by means of special votes put forward in the last few phases of the process. The approach offered by the new plans, which they learn from the aforementioned case-law, will undoubtedly have to lead to a significant reduction in litigation, especially on issues already judged.

Thus, the procedure for reviewing the hydrological plans for this second cycle is based on the experience of the first cycle, and according to the article 89,6 of the RPH, it should be similar to the one planned for its elaboration in the Articles 76 to 82 of that standard. All this through a mechanism that develops in three stages.

The first stage of this second cycle began on 24 May 2013, with the publication in the "Official State Bulletin" of the Resolution of the Directorate General for Water announcing the opening of the consultation period published in the initial documents of the hydrological planning process (2015 review) for the programme, timetable, general study on demarcation and consultation formulas, for areas of state competence planning. Similarly, the Official Journal of the Basque Country published the Resolution of the Director General of the Basque Water Agency, which initiated the opening of the public consultation period of the initial documents corresponding to the field of competences of the Basque Country within the river basin district of the East Cantabrian.

This period of consultation was extended for six months; after the completion of these documents, the documents were consolidated, integrating the contributions of the stakeholders that were considered appropriate.

In a second stage, for each planning area, the provisional outline of important issues was elaborated, which was submitted to a new public consultation period of six months, beginning on December 31, 2013. At the end of the consultation period, each promoter body produced the appropriate reports on the proposals, comments and suggestions received on the provisional outline of important topics, incorporating the contributions which the were considered appropriate to conform to the final version of the scheme.

Each final document referred to was submitted to a report of the corresponding collegiate bodies, between 18 September 2014, in which the outline of important themes of the hydrographic demarcation of Ceuta and 28 of October 2014, in which the demarcation of the Tagus was reported, last of those concerned by this rule that completed this process.

At the same time, the process of strategic environmental assessment provided for in Law 21/2013, of December 9, of environmental assessment was initiated. The processing of the strategic environmental assessment in the area of competence of the Basque Country, in the hydrographic demarcation of the Eastern Cantabrian, was also carried out according to Law 3/1998, of February 27, general of protection of the environment the environment of the Basque Country and Decree 211/2012 of 16 October, which regulates the procedure for the strategic environmental assessment of plans and programmes.

The ordinary process of strategic environmental assessment, as an instrumental administrative procedure for the approval procedure of the projects of the hydrological plans, consists of the following milestones: application for the start, Previous consultations and determination of the scope of the strategic environmental study, elaboration of the strategic environmental study, public information and consultations with the affected public administrations and the interested persons, technical analysis of the Finally, a strategic environmental statement. For the purposes set out in that Law, the Hydrographic Confederations and the Basque Water Agency have the consideration of a promoter, and the Proposer department, through the Directorate General of Water, assumes the function of organ noun.

The starting documents, prepared by each promoter body, were sent to the Environmental Authority between April 9 and June 25, 2014.

Receiving and admitted the application for the start of the strategic environmental assessment and finalized the period of consultations with the affected public administrations and interested persons, the environmental body elaborated the document of scope of the strategic environmental study referred to in each of the cases. This scope document was referred to the substantive body and the sponsor, together with the contributions received as the result of the consultations.

Meanwhile, in the third stage of the planning process, taking into account all the background information, the basin organizations drafted the proposal for the corresponding hydrological plan, chaired by the criteria for environmental, economic and social sustainability 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 any case, the river basin management plans are coordinated with different sectoral planning in order to harmonise the needs of the various sectors that have an impact on water, such as land use, energy policy and irrigation and other agricultural uses.

In parallel, in addition to the particular requirements set out in the scope documents, the basin organizations developed the strategic environmental study in which they identify, describe and evaluate the possible effects of the significant on the environment which would be produced by the implementation of the hydrological plan, in addition to the possible effects of different reasonable, technically and environmentally viable alternatives, taking into account the objectives of the hydrological plans.

With all this, the proposal for a draft revision of the hydrological plans, together with the strategic environmental study corresponding to each one, were submitted to public consultation for six months, starting from December 31. 2014 and, in parallel, for consultation of the public administrations concerned and persons concerned, including, where appropriate, cross-border consultations, for the purposes of the environmental assessment legislation and the WFD itself.

The public consultation period indicated, the respective promoters made a report on the allegations and suggestions received, incorporating to each project of hydrological plan those considered appropriate, with the consequent modification of the strategic environmental study in the terms that in each case corresponded.

For the territorial areas of state competition planning, once the complete strategic environmental assessment dossier has been received, the environmental body has completed the procedure by formulating the strategic environmental declarations for each of the proposals for revision of the plans. These mandatory and decisive reports were prepared by the General Directorate of Environmental and Environmental Quality and Evaluation in August 2015 and finally approved by the Secretary of State for the Environment, in his capacity as Authority. environmental, dated September 7, 2015. Finally, the strategic environmental statements were published in the "Official State Gazette" on 18 September (Mino-Sil, Duero, Tajo, Guadiana and Guadalquivir), 21 (Ceuta, Melilla and Júcar) and 22 (Cantabrian Oriental, Cantabrian Western, Segura and Ebro).

In the same way, in the case of the area of competence of the Basque Country in the demarcation of the Eastern Cantabrian, after the reception of the file of strategic environmental assessment, the environmental organ of the Autonomous Community of The Basque Country formulated the Environmental Memory, adopted by Resolution of 10 September 2015 by the Director of Environmental Management.

With all this, the relevant environmental determinations could be incorporated into the respective plans.

All formalities were completed, for each review proposal, the expression of conformity of the Committees of Competent Authorities and the mandatory report of the Water Council of the Council was recused in the intercommunity areas. The Ministry of Agriculture, Food and the Environment (MAGRAMA), to continue its treatment, is to raise the plan's proposals to the government. These reports were issued during the month of September 2015, and the corresponding dossiers were entered into the MAGRAMA between 7 September and 8 October 2015.

In the case of the part of the hydrographic demarcation of the East Cantabrian competition of the Autonomous Community of the Basque Country, and in accordance with the provisions of Law 1/2006, of Aguas, of the Basque Country, the compliance of the Management Board of the Basque Water Agency (21 July 2015); the reports of the Commission for the Management of the Territory of the Basque Country (16 September 2015) and the Water Council of the Basque Country (23 September 2015); 2015); and the compliance of the Users ' Assembly (23 September 2015) and the Governing Council (6 October 2015). 2015).

Finally, the harmonic integration of the plans of the two areas of competition, state and autonomous, of the river basin district of the East Cantabrian, obtained the conformity of the Collegiate Organ of Coordination on 6 of October 2015, raising the resulting proposal to the Government through the MAGRAMA, to continue its processing.

To complete the process, the projects of royal decree approving the hydrological plans were informed by the plenary of the National Water Council in two sessions. The first one, held on September 30, 2015, reported on the projects of Plan Hydrological of the Mino-Sil, Duero, Tajo, Guadiana, Guadalquivir, Ceuta, Melilla, Segura, Júcar and Ebro, and the second, which took place on October 28, 2015, reported on the projects of the Hydrological Plan of the Eastern Cantabrian and Western Cantabrian. In both sessions, the plans were endorsed by a large majority of the Council members.

III

As regards the formal structure and content of the hydrological plans, in accordance with Article 81 of the RPH, two clearly differentiated parts are distinguished: a memory and a regulation.

The memory serves the required content that for the review of the plans are described in article 42 of the TRLA. It is an eminently technical document, which must be ineluctable, and in addition to the generic contents of the first cycle hydrological plans that are now reviewed, a summary of all changes or updates carried out, an assessment of the progress made in achieving the environmental objectives, as well as an explanation of the objectives that have not been achieved, a summary and explanation of the measures that have not been implemented and, a summary of the additional transitional measures adopted for the bodies of water which they are unlikely to achieve the expected environmental objectives.

For its part, the regulations are made up of the provisions of normative content that are annexed to the present royal decree, which has a nature of regulation, constituting a norm subordinated to the Law and its developments general regulations, in which clear mandates are established which are addressed not only by the competent authorities but also by individuals, and become part of the legal system.

The existence of this regulatory part does not detract from the content of the plan incorporated in the memory and its annexes, in particular to the development of the programme of measures, as in accordance with Article 40.4 of the TRLA. Hydrological plans are public and binding, and it should be understood that the act of governmental approval extends, obviously, to all its components.

Regarding the advertising of the hydrological plans, taking into account the extent of each of the parts in which they are structured, it materializes, as set out in the additional provision third of the present royal decree, through the formal publication of the normative content of the plan and its appendices, together with the royal decree of approval, in the "Official Gazette of the State"; and of the publication of the memory and its attachments on the website of the In addition, for the case of the Hydrological Plan of the Spanish part of the East Cantabrian demarcation, on the Web page of the Basque Water Agency.

As a novelty of the second cycle of planning, it is important to note that the normative content provisions of the various hydrological plans are presented under a systematic and common organization to all of them, which allows for a uniform structure and easy consultation, without this circumstance preventing the natural peculiarities of each river basin from being maintained, due both to its natural and socio-economic characteristics, as to the existence in each demarcation of a particular planning tradition, In the previous plans, which are now being revised and which are progressively going to be harmonized.

The plans of measures of the plans, binding and binding, are summarized in the corresponding appendix of the normative part of each hydrological plan, being developed in detail in the memory of the itself. All measures are classified in one of the 19 types established to homogenize their cataloging.

Effectively, the measures programmes are a binding and binding instrument, developed in the memory of each plan and its annexes, in which the categories in which the various actions have been carried out have met. can be grouped together to bring a summary to the legislation annexed below the royal decree, thus stressing that the basic principles of the said programme are structurally included in the legislation, as is also pointed out by the Additional provision second of this rule.

The chapters of the legislation systematically address the following aspects: definition of water bodies, priority criteria and compatibility of uses, ecological flow rates and other environmental requirements, allocation and reserve of resources, protected areas and protection regime, environmental objectives and modification of the water bodies, measures for the protection of the water bodies, programme of measures and organisation and procedure for effective action public participation. In some cases, other specific chapters are added, taking into account the peculiarities of the demarcation over which they are projected.

finally, the wording of the set of hydrological plans has made it possible to highlight the existence of a series of situations of need for water resources which, to be said by some plans, cannot be addressed in the the territorial scope of the plan itself; and therefore should be elevated for a future review of the National Hydrological Plan, as provided for in Articles 21.3, 67.1 and 68 of the RPH.

IV

The actual approval decree of the plans consists of 3 articles, 5 additional provisions, 2 transitional provisions, 1 repeal provision and 3 final provisions, and was reported favourably by the plenary session. National Water Council in sessions held on 30 September and 28 October 2015.

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, according to the State Council, and after deliberation of the Council of Ministers at its meeting on 8 January 2016,

DISPONGO:

Article 1. Approval of the hydrological plans of the inter-Community basins for the period 2015 to 2021.

1. According to the provisions of Article 40.5 of the recast of the Water Law (TRLA), approved by the Royal Legislative Decree 1/2001 of 20 July, the hydrological plans of the second planning cycle of the following are approved. Hydrographic demarcations:

(a) Spanish part of the Eastern Cantabrian river basin district.

b) Hydrographic demarcation of the Western Cantabrian.

c) Spanish part of the water-Sil river basin district.

d) Spanish part of the Duero river basin district.

e) Spanish part of the river basin district of Tagus.

f) Spanish part of the river basin district of Guadiana.

g) Hydrographic demarcation of the Guadalquivir.

h) Hydrographic demarcation of Ceuta.

i) Hydrographic Demarcation of Melilla.

j) Hydrographic Demarcation of the Segura.

k) Hydrographic Demarcation of the Sugar.

l) Spanish part of the Ebro river basin district.

These demarcations have the territorial scope defined, for each of them, in Royal Decree 125/2007, of 2 February, for which the territorial scope of the river basin districts is fixed.

2. The formal structure of the hydrological plans, which are approved, is as follows:

a) Memory accompanied by their respective yeas, which incorporate the program of measures.

b) Regulations with their respective appendices.

3. The normative provisions of each of the plans that are approved are incorporated as annexes to this royal decree, with the following numbering:

Annex I. Regulatory provisions of the Hydrological Plan of the Spanish part of the Eastern Cantabrian river basin.

Annex II. Normative provisions of the Hydrographic Demarcation Plan of the Western Cantabrian.

Annex III. Normative provisions of the Hydrological Plan of the Spanish part of the water catchment area of the Mino-Sil.

Annex IV. Normative provisions of the Hydrological Plan of the Spanish part of the river basin district of the Duero.

Annex V. Regulations of the Hydrological Plan of the Spanish part of the river basin demarcation of the Tagus.

Annex VI. Normative provisions of the Hydrological Plan of the Spanish part of the river basin district of Guadiana.

Annex VII. Normative provisions of the Hydrographic Demarcation Plan of the Guadalquivir.

Annex VIII. Normative provisions of the Hydrological Plan of the hydrographic demarcation of Ceuta.

Annex IX. Regulations of the Hydrological Plan of the Hydrographic Demarcation of Melilla.

Annex X. Regulatory provisions of the Water Plan of the Segura Hydrographic Demarcation.

Annex XI. Normative provisions of the Hydrological Plan of the Hydrographic Demarcation of the Sugar.

Annex XII. Normative provisions of the Hydrological Plan of the Spanish part of the Ebro river basin.

Article 2. Conditions for the realization of the infrastructure.

1. The hydraulic infrastructures promoted by the General Administration of the State and provided for in the respective hydrological plans will be subjected, prior to their realization, to an analysis on their technical, economic and environmental feasibility by the General Administration of the State. In any event, its construction will be subject to the existing provisions on environmental impact assessment and water legislation as to the need to obtain, prior to its construction, the concession, authorization or reserve demanial to proceed. In the same way, the execution of the works will be subject to the budgetary resources and the corresponding sectoral plans, where their specific rules so provide.

2. The promoter, whether public or private, of any action which leads to the deterioration of the state of one or more bodies of water as a result of a new modification or alteration of its physical characteristics, which has not been foreseen in the Hydrological plans shall carry out the analyses required by Article 39 of the Regulation on Hydrological Planning (RPH), approved by Royal Decree 907/2007 of 6 July 2007, and refer them to the competent authority, either to the Agency or to the Agency. the catchment area, in relation to the public hydraulic domain, or to the relevant administration of coastal and transitional waters.

3. The competent authority shall submit that documentation to a specific consultation and public information period, in accordance with the requirements of Law 27/2006 of 18 July on the rights of access to information, of participation The Commission has also been involved in the implementation of the programme. This specific process shall be simultaneous with that required, where appropriate, by the appropriate environmental assessment procedure.

4. However, the competent authority shall, by means of a mandatory and binding report, verify compliance with the conditions laid down in Article 39. Finally, the substantive body will decide on the suitability of the action and, where appropriate, propose the incorporation of the relevant documentation in the next review of the hydrological plan.

Article 3. Public Utility Statement.

1. In accordance with Article 44.2 of the TRLA and Article 91 of the RPT, they are declared to be of public use for the purposes of the Law of 16 December 1954 on Compulsory Expropriation, all the infrastructure related to the programme of measures of the hydrological plans approved by this standard, precise for the achievement of the environmental objectives of the water bodies. In the same way, land that is not in the public domain is also declared to be of public use and is necessary for the materialisation of the indicated infrastructure.

2. For the declaration of public benefit, for the purposes of the compulsory expropriation of concessions provided for in Article 60.2 of the TRLA, the following criteria shall be taken into account:

a) Compatibility with the river basin management plan.

b) Impossibility of obtaining the water resource in a way other than by expropriation of other existing uses of lower order of priority or by the variation of its concessional conditions.

(c) No worsening of the overall hydraulic performance of the operating system in which the utilisation is inserted with respect to the existing one.

(d) that the remaining uses of the system of resource exploitation in which the use is inserted continue to meet the criteria for the guarantee of the hydrological plan.

e) That the use has been declared of general interest.

3. In the cases provided for in Article 95 of the Regulation of the Hydraulic Public Domain (RDPH), approved by Royal Decree 849/1986 of 11 April, the competent authority to declare the public utility will obtain from the Basin Agency a report in relationship to the requirements described in the previous section.

4. In the application for a declaration of public utility, in accordance with Article 106.2.a) of the RDPH, the relationship of the goods concerned and the use of lower order of priority which would be susceptible to expropriation should be included. all aspects, materials and legal, of these goods, as well as of those other goods and services affected by the use.

Additional disposition first. Cross-border water bodies and cooperation with other neighbouring states.

1. All references to the transboundary water masses that are carried out in the hydrological plans are limited from a normative point of view to the Spanish part of the river basin districts.

2. The transboundary water bodies of the hydrographic demarcations of the Mino-Sil, Duero, Tajo and Guadiana, which are referred to in the respective plans, as well as, among other aspects, their typologies, reference conditions and objectives On the basis of the results of the cooperation work with Portugal, developed by the Ministry of Agriculture, Food and the Environment under the Convention on Cooperation for Protection and the Environment, the Commission will be able to sustainable use of the waters of the Spanish-Portuguese river basins, done at Albufeira on 30 November 1998. Such amendments shall, where appropriate, require the revision of the relevant hydrological plan. In relation to the above, both Parties have signed an agreement in July 2015 which gives rise to the listing of the above-mentioned cross-border water bodies, which is published on the Commission's website for the Implementation and Development of the Convention (www.cadc-albufeira.eu).

3. Similarly, in the same cases referred to in the previous paragraph, the transboundary water bodies of the Eastern Cantabrian and the Ebro demarcations will be conditioned on the results of the cooperation work with France. carried out by the Ministry of Agriculture, Food and the Environment under the Administrative Agreement on Water Management, done at Toulouse (France), on 15 February 2006.

4. If it is necessary to coordinate some elements of the Hydrological Plans of Ceuta or Melilla with the Kingdom of Morocco, the tools provided by the Treaty of Friendship, Good Neighborliness and Cooperation between the Kingdom of Spain and the Kingdom of Morocco, done at Rabat, on 4 July 1991.

Additional provision second. Measures Programs.

1. In relation to the programmes of measures that form part of each hydrological plan, the content of which is binding and binding, the Committee of Competent Authorities will prioritize those actions that affect the bodies of water that they have a 'worse than good' status or potential, to achieve the proposed environmental objectives and to achieve good or potential status within the timeframe. In addition, measures that are more sustainable from an environmental, economic and social point of view will be encouraged within these actions.

2. The prioritisation referred to in the preceding paragraph shall be made taking into account the competence framework, the budgetary availability and the proper coordination between the administrations concerned.

3. The provisions of paragraphs 1 and 2 shall be without prejudice to the obligation to comply with the parts of the programmes of measures incorporated in the rules referred to in Article 1 (2) (b) of which the provisions of Article 1 (1) and (2) mandatory character.

4. The Ministry of Agriculture, Food and the Environment, in order to facilitate the coordination work that will ensure the development of the programs of measures incorporated in the hydrological plans, will maintain a database that update with the information provided for this purpose by the basin bodies annually with the agreement of the Committee of Competent Authorities, and which will serve as a reference to obtain the follow-up reports necessary for the the effects provided for in Article 87 of the RPT.

Additional provision third. Advertising.

1. Given the public nature of the hydrological plans, as provided for in Article 40.4 of the TRLA, any person may consult the full content of the plans at the headquarters of the relevant catchment bodies. The content of the hydrological plans may also be accessed in accordance with the terms of Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of human rights. of the environment, as well as in Law 19/2013, of December 9, of transparency, access to public information and good governance. Moreover, this information will be available in the planning section of the basin bodies ' web pages, as follows:

-The Hydrological Plan of the Spanish part of the Eastern Cantabrian river basin: www.chcantabrico.es and www.uragentzia.euskadi.eus

-Hydrographic demarcation of the West Cantabrian river basin: www.chcantabrico.es

-The Hydrological Plan of the Spanish part of the water catchment area of Mino-Sil: www.chminosil.es

-Hydrological Plan of the Spanish part of the river basin district of Duero: www.chduero.es

-Hydrological Plan of the Spanish part of the river basin district: www.chtajo.es

-Water Plan of the Spanish part of the river basin district of Guadiana: www.chguadiana.es

-Hydrographic plan of the river basin of the Guadalquivir, Hydrological Plan of the hydrographic demarcation of Ceuta and the Hydrological Plan of the Hydrographic Demarcation of Melilla: www.chguadalquivir.es

-Water Plan of the Segura Hydrographic Demarcation: www.chsegura.es

-Hydrographic Plan Hydrological Plan of the Júcar: www.chj.es

-The Hydrological Plan of the Spanish part of the Ebro river basin: www.chebro.es

2. For the purpose of ensuring compliance with the supplementary requirement of advertising contained in Article 26.2 of Law 21/2013 of 9 December, of environmental assessment, among the appendices to the regulations of each hydrological plan is found an extract with the required additional documentation, which has been part of the strategic environmental assessment procedure.

Additional provision fourth. Review of the hydrological plans.

1. The hydrological plans approved by this royal decree, shall be reviewed again in accordance with paragraph 6 of the additional eleventh TRLA provision, prior to 22 December 2021.

2. The provisions of the above paragraph shall be without prejudice to any other updates which may be required before the deadline. In particular, but not exclusively, so that these hydrological plans can accommodate the planned modifications of the RDPH on ecological flows and flood management, and other general rules on the protection of water groundwater against pollution and deterioration.

Additional provision fifth. Temporary implementation of the High Guadiana Special Plan.

In accordance with Article 5 of Royal Decree 13/2008, of 11 January, approving the Special Plan of the High Guadiana, the validity of the aforementioned Special Plan is extended until the Hydrological Plan of the In some of its future revisions, it determines that the good condition has been reached in all the water bodies of the Upper Guadiana.

First transient disposition. Assessment of the state of the water masses.

1. During the duration of the present hydrological plans, the criteria for monitoring and evaluating the status and potential of the surface water bodies in which they are collected will be applied, which will be gradually replaced in the Terms of reference provided by Royal Decree 817/2015 of 11 September establishing the criteria for the monitoring and evaluation of the state of surface water and environmental quality standards.

2. Similarly, the new criteria for the assessment of the state of the groundwater bodies collected in the amendment, by Royal Decree 1075/2015 of 27 November, of Royal Decree 1514/2009 of 2 October 2015, will be applicable. regulates the protection of groundwater against pollution and deterioration.

Second transient disposition. Compatibility reports on already reported and unresolved cases.

In the processing of files that are still pending final resolution, the Office of Planning of the corresponding Hydrographic Confederation or the unit that performs those functions in the Autonomous Community of the Basque Country within its competence, it must ratify those reports of compatibility with the hydrological plan that it would have carried out before the entry into force of this royal decree. In the event of non-ratification, a new compatibility report shall be issued, in accordance with the case in accordance with Article 108.3 and 4 of the RDPH.

Single repeal provision. Derogations.

As of the entry into force of this royal decree, the following are repealed:

a) Royal Decree 285/2013, of 19 April, approving the Hydrological Plan of the Spanish part of the water catchment area of the Mino-Sil.

b) Royal Decree 354/2013, of 17 May, approving the Hydrological Plan of the Spanish part of the river basin district of Guadiana.

c) Royal Decree 355/2013, of 17 May, approving the Hydrological Plan of the Hydrographic Demarcation of the Guadalquivir.

d) Royal Decree 399/2013, of 7 June, approving the Hydrological Plan of the Hydrographic Demarcation of the Western Cantabrian.

e) Royal Decree 400/2013, of 7 June, approving the Hydrological Plan of the Spanish part of the river basin district of the East Cantabrian.

f) Royal Decree 478/2013 of 21 June, approving the Hydrological Plan of the Spanish part of the river basin district of the Duero.

g) Royal Decree 739/2013 of 30 September approving the Hydrological Plan for the hydrographic demarcation of Ceuta.

(h) Royal Decree 740/2013 of 30 September approving the Hydrological Plan for the Hydrographic Demarcation of Melilla.

i) Royal Decree 129/2014, of 28 February, approving the Hydrological Plan of the Spanish part of the river basin district of the Ebro.

j) Royal Decree 270/2014, of 11 April, approving the Hydrological Plan of the Spanish part of the river basin district of Tagus.

k) Royal Decree 594/2014, of 11 July, approving the Hydrological Plan of the Segura Hydrographic Demarcation.

l) Royal Decree 595/2014, of 11 July, approving the Hydrological Plan of the Hydrographic Demarcation of the Sugar.

Final disposition first. Amendment of the drought plans.

1. For the purpose of ensuring consistency between the environmental objectives set out in the relevant hydrological plan, the Global Hydrological Indicators System and the drought prevention and mitigation measures set out in each Plan Special Action in the Event of Alert and Eventual Drought, approved by Order MAM/698/2007, of March 21, the drought plans corresponding to the following demarcations are modified, with the following scope:

(a) Hydrographic demarcation of the Duero (memory, Chapter 11 and Annex 13.1):

I. Incorporation of the definition of the concept of prolonged drought to which certain measures relate.

II. Modification of the drought status index of the Orbigo operating system.

III. Modification of the drought status index of the Agueda operating system by the entry into service of the Iruena reservoir.

(b) Hydrographic Demarcation of the Tagus: The indicators and operating thresholds in the Cablek system, as defined in Article 2 of the Hydrological Plan, applicable in the Special Action Plan in the Event of Alert and Eventual Drought of the river basin of the Tagus, will be consistent with those established in the Additional Disposition fifth of Law 21/2015, of July 20, amending Law 43/2003, of 21 November, of Montes, and in Article 1 of the Royal Decree 773/2014 of 12 September 2014 approving various rules for the transfer of by the Tajo-Segura aqueduct. In this way, the states of normality, prealertness, alert and emergency in the system of exploitation of the Tagus of the Tagus will correspond with the Levels 1, 2, 3 and 4, defined in the mentioned norms.

c) Hydrographic Demarcation of the Guadiana: The update of the Special Plan of Action in the Situation of Alert and Eventual Drought of the Guadiana Basin, includes the following contents:

I. Adoption of the operating systems defined in the Hydrological Plan.

II. Update of the hydrological series of contributions with the data of the Hydrological Plan.

III. Update of the claims data according to the Hydrological Plan.

IV. Adaptation of the state indices and drought thresholds to the data of the Hydrological Plan.

V. Update of the ecological minimum flow values in accordance with the ecological flows of the Hydrological Plan.

VI. Incorporation of the concept of prolonged drought, included in the Instruction of Hydrological Planning.

VII. Incorporation of regulatory infrastructures that have been in service since the previous drafting of the Special Plan.

2. Without prejudice to the above, all the special drought plans referred to in Order MAM/698/2007 of 21 March 2007 approving the special plans for action in situations of alert and eventual drought in the areas of the plans (a) the hydrological system of intercommunity basins shall be reviewed before 31 December 2017. In order to carry out this review in a harmonised manner, the Ministry of Agriculture, Food and the Environment shall give the technical instructions it considers, in particular to establish the hydrological indicators to be used. to diagnose drought situations and situations of scarcity separately.

Final disposition second. Competence title.

1. The present royal decree is issued under Article 149.1.22a of the Constitution, which attributes to the State exclusive competence in matters of legislation, management, concession and hydraulic exploitation when water flows through more than one year. an autonomous community.

2. It is also dictated by Article 149.1.23a, which reserves the State competence in the field of basic legislation on environmental protection, without prejudice to the powers of the autonomous communities to establish rules. additional protection.

3. Furthermore, and in particular with regard to the Hydrological Plan sector of the Spanish part of the Eastern Cantabrian river basin, which affects the competences of the Basque Country, as it is the intra-Community basins integrated into the That demarcation, the rule is also dictated by the 149.1.13th of the Constitution, which attributes to the State the competence to establish the bases and coordination of economic activity.

Final disposition third. 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 January 8, 2016.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA

Index of attachments

Annex I. Regulatory provisions of the hydrological plan of the Spanish part of the Eastern Cantabrian river basin.

Annex II. Normative provisions of the hydrological plan of the hydrographic demarcation of the Western Cantabrian.

Annex III. Normative provisions of the hydrological plan of the Spanish part of the water catchment area of the Mino-Sil.

Annex IV. Normative provisions of the hydrological plan of the Spanish part of the river basin district of the Duero.

Annex V. Regulatory provisions of the hydrological plan of the Spanish part of the Tagus hydrographic demarcation.

Annex VI. Normative provisions of the hydrological plan of the Spanish part of the river basin district of Guadiana.

Annex VII. Normative provisions of the hydrological plan of the river Guadalquivir basin.

Annex VIII. Normative provisions of the hydrological plan of the hydrographic demarcation of Ceuta.

Annex IX. Normative provisions of the hydrological plan of the Melilla Hydrographic Demarcation.

Annex X. Regulatory provisions of the hydrological plan of the Segura river basin.

Annex XI. Regulatory provisions of the hydrological plan for the hydrographic demarcation of the Júcar.

Annex XII. Normative provisions of the hydrological plan of the Spanish part of the Ebro river basin.

[Attachments omitted. Refer to the original PDF]