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...
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-9463
With date 9 of June of 2015 is has dictated sentence of the Court Supreme in them resources administrative interposed by the Board Central of users of the Vinalopó-Alacantí and consortium of waters of the marine low, the Union of regulation of the River Turia and the Community General of users of the channel Júcar-Turia against them provisions of the Real Decree 255 / 2013, of 12 of April , by which is sets the composition, structure and operation of the Council of the water of the demarcation hydrographic of the Júcar and by which is modify different standards relating to the field and Constitution of such demarcation hydrographic and of the Confederation hydrographic of the Júcar, that setting the field of the Confederation hydrographic of the Júcar (CHJ) and delimited the field of it demarcation hydrographic of the Júcar (DHJ).
The statement estimates partially contentious-administrative appeals by the Junta Central's users of the Vinalopó-Alacantí and consortium of waters of the Marina Baja, the Union of regulation of the River Turia and the Community General of users del Canal Júcar-Turia, declaring the nullity of the first final provision and paragraph first of the third final provision of the aforementioned Royal Decree 255/2013 , from 12 of April.
He argues the Supreme Court that the test in cars reveals that the system formed by the rivers Quejola and garden along with Los Llanos Lezuza is a natural endorheic, although this feature does not solve by itself alone the status of these waters. According to the High Court, the importance of this mass of water and their peculiarities need of a response normative clear that not contains the Real Decree 255 / 2013, of 12 of April, by what the sentence requires to it Administration General of the State to perform a more precise delimitation of the situation legal of them rivers Quejola, garden and Lezuza and of them plain imposed by article 16 of the consolidated text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July.
Proceeds accordingly include in the field territorial of the Confederation hydrographic of the Júcar and of the demarcation hydrographic of the Júcar, the endorheic natural formed by the system that constitute them rivers Quejola, garden and Lezuza and the area of them plain, giving a new writing to them provisions affected, this is: the Real Decree 650 / 1987, of 8 of mayo which defined the territorial areas of organisms of cuenca and the management plans, and the Royal Decree 125/2007, of February 2, whereby the territorial area of the river basin is fixed.
In its processing the Royal Decree is has submitted to report of the Council of national of the water.
By virtue, on the proposal of the Minister of agriculture, food and environment, according to the Council of State and after deliberation by the Council of Ministers at its meeting of August 28, 2015.
AVAILABLE: article first. Modification of the Real Decree 650 / 1987, of 8 of mayo, by which is defined the areas territorial of them bodies of basin and of them plans hydrological.
Article 1.8 of the Real Decree 650/1987, of May 8, which defined the territorial areas of the organisms of cuenca and the management plans, is worded as follows: «8. Confederación Hidrográfica del Júcar.»
Includes the territory of intercommunity basins and, provisionally, as occurs the corresponding transfer of functions and services in the areas of resources and hydraulic exploitations, the territory of intra-EU river basins between the left bank of the Gola del Segura in its mouth and the mouth of the river Cenia, including its basin; and in addition Pozohondo endorheic basin and the endorheic nature shaped by the system which are the rivers Quejola, garden and Lezuza and Los Llanos area.»
Second article. Modification of the Real Decree 125 / 2007, of 2 of February, by which is fixed the field territorial of the demarcations hydrographic.
Article 2(3) of Royal Decree 125/2007, of February 2, by which fixed the territorial scope of river basins, which is worded as follows: «3. Júcar demarcation. "
Includes the territory of intercommunity basins and, provisionally, as occurs the corresponding transfer of functions and resources and uses hydraulic services, intra-community watershed territory comprised between the left bank of the Gola del Segura in its mouth and the mouth of the river Cenia, including its basin; and also the basin endorheic of Pozohondo and the endorheic natural formed by the system that constitute them rivers Quejola, garden and Lezuza and the area of them plain, together with the waters of transition. «Coastal waters have the boundary South the line with 100 ° orientation that passes the limit on the coast between the towns of Elche and Guardamar del Segura and as the northern limit line with 122.5 ° orientation that passes through the southern beach of Alcanar. end»
Sole final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid, the 28 of August of 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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