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Royal Decree 701/2015, 17 July, Which Approves The Plan Hydrological Of The Demarcation Basin Of The Balearic Islands.

Original Language Title: Real Decreto 701/2015, de 17 de julio, por el que se aprueba el Plan Hidrológico de la Demarcación Hidrográfica de las Illes Balears.

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TEXT

The Spanish Constitution establishes as the main criterion for ordering the distribution of competences in the field of water resource management the territorial dimension of the river basins guaranteeing their unitary management and it would not be fragmented in accordance with the "basin unit" principle. In this way, Article 149.1.22 of the Constitution confers on the State "exclusive competence in matters of legislation, management and the granting of resources and hydraulic exploitation when water flows through more than one Community". Autonomous ", therefore, being exclusively autonomous, the basins that run entirely for its territory, and have established its Statute of Autonomy; in this case, Article 30.8 of the Organic Law 1/2007, of 28 February, Reform of the Statute of Autonomy of the Balearic Islands expressly states this competence.

In this sense, as the Constitutional Court has been interpreting, the criterion of the territory by which the waters flow is essential within the system distribution of competences that governs in this matter, although, This does not imply the exclusion of other competitive titles as is the case in the hydrological planning of intra-Community demarcations, in which the legitimate exercise by the State of the relevant qualifications which may be to participate or to project, in particular with the exercise of State competition on bases and coordination of the general planning of economic activity under article 149.1.13. of the Constitution, for the special relevance of water as a resource of vital importance, essential for the realization of multiple economic activities, regardless of where they are located.

Therefore, the necessary state participation is materialized in a final act of approval by the Government through which the autonomic planning competence-competent for the elaboration and review of the Water plans for intra-Community water-with the requirements of water policy.

Article 40.3 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July, provides that the hydrological planning will be carried out through the river basin and river basin management plans. National Hydrological Plan.

According to the provisions of Articles 41.1 and 40.6 of the aforementioned recast of the Water Law, in the river basin districts with basins comprised entirely in the territorial area of an Autonomous Community, the The elaboration of the Hydrological Plan corresponds to the competent Hydraulic Administration, being by its share competence of the Government the approval, by royal decree, of said Plan if it complies with the requirements of Articles 40.1, 3 and 4 and 42, does not affect the resources of other basins and, where appropriate, is accommodated in the determinations of the Plan National Hydrological. On the other hand, article 20.1.b) provides, in turn, that the Hydrological Plan be informed by the National Water Council, before its approval by the Government.

The Hydrographic Plan of the River Basin of the Balearic Islands, which is approved, replaces the Hydrological Plan of the Balearic Islands approved by Royal Decree 684/2013, of 6 September, includes the basins in full In the territorial scope of this Autonomous Community and as such has been developed by the Autonomous Hydraulic Administration.

This Plan includes a Program of Measures described in its Memory in the Action and Infrastructure Programs that are incorporated as attached to the regulatory part.

In its elaboration, it has been followed by the Regulation of the Hydrological Planning approved by Royal Decree 907/2007, of July 6, as well as the technical prescriptions established by Decree-Law 1/2015, of 10 of April, for which the Instruction of Hydrological Planning is approved for the intra-Community hydrographic demarcation of the Balearic Islands. The abovementioned requirements were incorporated in the autonomous legal order, in order to comply with the judgment of the Court of Justice of the European Union of 24 October 2013, which stated that in certain basins The Community's internal market has been incomplete or partial transposition of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October establishing a Community framework in the field of water policy.

Also, in its preparation, the process of strategic environmental assessment has been followed, as established in Law 21/2013, of December 9, of environmental impact assessments and environmental assessments. strategic in the Balearic Islands.

The phase of autonomic development pursuant to Article 4 of Decree 129/2002, of 18 October, of Organization and Legal Regime of the Hydraulic Administration of the Balearic Islands, concludes with the initial approval of the Council of Government of the Balearic Islands at its meeting of 8 May 2015, and its subsequent referral to the Ministry of Agriculture, Food and Environment for approval in accordance with Article 83 of the Hydrological Planning.

As it is an intra-Community hydrological plan and taking into account the extent of each of the parts in which it is structured, its advertising is materialized through the formal publication of the normative content of the Plan and -their entries in the "Official Gazette of the Autonomous Community of the Balearic Islands", in accordance with Article 3.2 of the said Regulations, and the publication of the Report and its Annexes on the Web page of the Directorate-General for Resources Water of the Department of Agriculture, Environment and Territory.

The Hydrographic Demarcation Plan of the Balearic Islands has been reported favourably by the National Water Council at its meeting of May 27, 2015, so it is approved by royal decree, under the provisions of Articles 40.5 and 6 of the recast text of the Water Act.

In its virtue, on the proposal of the Minister of Agriculture, Food and the Environment and after deliberation of the Council of Ministers, at its meeting of July 17, 2015,

DISPONGO:

First. Approval of the Hydrographic Demarcation Water Plan of the Balearic Islands.

1. In accordance with the provisions of Article 40.6 of the recast of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, the Hydrographic Demarcation Of The Balearic Islands is approved as approved by the Law of 20 July 2001. initially by the Governing Council of the Balearic Islands at its meeting on 4 May 2015.

2. The territorial scope of the Hydrological Plan coincides with that of the Hydrographic Demarcation of the Balearic Islands, defined in article 2.1 of Decree 129/2002, of 18 October, of organization and legal regime of the Hydraulic Administration of the Illes Balears.

Second. Conditions for the realization of the hydraulic infrastructures promoted by the General Administration of the State.

The hydraulic infrastructures promoted by the General Administration of the State and previewed in the Hydrographic Plan of the Hydrographic Demarcation of the Balearic Islands will be subjected, prior to their realization, to an analysis on its technical, economic and environmental feasibility by the General Administration of the State. In any case, their construction will be subject to the existing regulations on environmental impact assessment, budgetary availability and the corresponding sectoral plans, when their specific regulations provide for this. The implementation of the measures provided for in the Plan may in no case exceed the available budgetary resources from national or Community funds.

Third. 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, the entire content of the Hydrological Plan can be consulted by any person in the offices. of the Directorate General of Water Resources of the Ministry of the Environment of the Balearic Islands. This information will also be available on the website (http://www.caib.es/govern/sac/fitxa.do?estua=209&lang=ca&codi=1452139 &coduo=209). Without prejudice to the publication of the normative part of the Plan and its annexes in the "Official Gazette of the Autonomous Community of the Balearic Islands" in accordance with Article 3.2 of the aforementioned Plan of the Plan.

Also, copies or certificates may be obtained from 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.

Fourth. Repeal.

The Royal Decree 684/2013, dated 6 September, is repealed, and the Hydrological Plan of the Balearic Islands is approved.

Given in Madrid, on July 17, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA