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Real Decree 775/2015, 28 August, That Amending The Royal Decree 650/1987, Of May 8, Which Defined The Territorial Areas Of Cuenca And The Management Plans For The Bodies, And The Royal Decree 125/2007 Feb 2...

Original Language Title: Real Decreto 775/2015, de 28 de agosto, por el que se modifican el Real Decreto 650/1987, de 8 de mayo, por el que se definen los ámbitos territoriales de los Organismos de cuenca y de los planes hidrológicos, y el Real Decreto 125/2007, de 2 de feb...

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TEXT

As of June 9, 2015, the Supreme Court has been sentenced in the judicial-administrative appeals filed by the Central Board of Users of the Vinalopo-Alacanti and the Water Consortium of the Lower Navy. union for the regulation of the Turia River and the General Community of Users of the Jucar-Turia Canal against the provisions of Royal Decree 255/2013, of 12 April, establishing the composition, structure and functioning of the Water Council The Hydrographic Demarcation of the Júcar and amending various rules relating to the field and constitution of this river basin district and the Hydrographic Confederation of Júcar, which set the scope of the Hydrographic Confederation of Júcar (CHJ) and delimit the scope of the Hydrographic Demarcation of the Sugar (DHJ).

The sentence partially estimates the administrative-administrative resources brought by the Central Board of Users of the Vinalopo-Alacanti and the Water Consortium of the Lower Navy, the Union of Regulation of the River Turia and the General Community of Users of the Jucar-Turia Canal, declaring the nullity of the final disposition first and the first paragraph of the third final provision of the aforementioned Royal Decree 255/2013, of 12 April.

Maintains the Supreme Court that the test practiced in the cars reveals that the system formed by the rivers Quejola, Jardin and Lezuza together with Los Llanos is a natural endorreism, although this characteristic does not solve by itself the legal status of such waters. According to the High Court, the importance of this mass of water and its particularities need a clear regulatory response which does not contain Royal Decree 255/2013 of 12 April, so the judgment requires the General Administration of the State to make more precise delimitation of the legal situation of the rivers Quejola, Jardín and Lezuza and of the Llanos, imposed by article 16 of the recast text of the Law of Waters, approved by Royal Legislative Decree 1/2001, of 20 July.

It is therefore necessary to include in the territorial scope of the Hydrographic Confederation of the Júcar and the Hydrographic Demarcation of the Júcar, the natural endorreism formed by the system that constitute the rivers Quejola, Jardin and Lezuza and the area of Los Llanos, giving a new wording to the affected provisions, this is: Royal Decree 650/1987, of 8 May, defining the territorial areas of the basin bodies and the hydrological plans, and the Royal Decree 125/2007 of 2 February laying down the territorial scope of the demarcations hydrographic.

In its handling the royal decree has been submitted to the report of the National Water Council.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on August 28, 2015.

DISPONGO:

Article first. Amendment of Royal Decree 650/1987 of 8 May, defining the territorial areas of the basin bodies and the hydrological plans.

Article 1.8 of Royal Decree 650/1987, of 8 May, defining the territorial areas of the basin organizations and the hydrological plans, is worded as follows:

" 8. The Hydrographic Confederation of the Júcar.

Comprises the territory of the inter-community river basins and, provisionally, the corresponding transfer of functions and services in the field of water resources and uses, the the territory of the intra-Community river basins between the left bank of the Gola del Segura at its mouth and the mouth of the river Cenia, including its basin; and in addition the endorheic basin of Pozohondo and the endorreism natural formed by the system that constitute the rivers Quejola, Jardin and Lezuza and the area of Los Llanos. "

Article 2. Amendment of Royal Decree 125/2007 of 2 February laying down the territorial scope of the river basin districts.

Article 2.3 of Royal Decree 125/2007 of 2 February fixing the territorial scope of the river basin districts, which is worded as follows:

" 3. The Hydrographic Demarcation of the Júcar.

Comprises the territory of the inter-community river basins and, provisionally, the corresponding transfer of functions and services in the field of water resources and uses, the territory of the intra-Community river basins between the left bank of the Gola del Segura at its mouth and the mouth of the river Cenia, including its basin; and in addition the endorheic basin of Pozohondo and the endorreism natural formed by the system that constitute the rivers Quejola, Jardin and Lezuza and the area of Los Plains, along with the transitional waters. The coastal waters have as limit south the line with orientation 100 ° that passes through the coastal boundary between the municipal terms of Elche and Guardamar of the Segura and as limit north the line with orientation 122,5º that passes through the southern end from the beach of Alcanar. "

Single end disposition. Entry into force.

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

Given in Madrid, 28 August 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA