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The Spanish Constitution as the main criteria to order the distribution of competences in the field of water resources management the territorial dimension of the watershed ensuring its unity and not piecemeal management in accordance with the principle of "unity of basin". Thus, article 149.1.22. ª of the Constitution the State given «the exclusive competence in matters of legislation, planning and granting of resources and uses hydraulic when waters run by more than one autonomous community», thus being autonomic exclusive competence the basins that run entirely through its territory, and so its Statute of autonomy; set it in this case, article 30.8 of the organic law 1/2007, of 28 February, reform of the Statute of autonomy of Balearic Islands, expressly this competition.
In this sense, as it has been interpreting the Constitutional Court, the criterion of territory whereby he run waters is essential within the system of distribution of competencies in this regards, although this does not imply the exclusion of other competence titles as in the hydrological planning of intra-community boundaries, that should cohonestar the legitimate exercise the State competence titles that can compete or projected , in particular with the exercise of State jurisdiction on bases and coordination of the general planning of economic activity under article 149.1.13. ª of the Constitution, by the special importance of water as a resource of vital importance, essential to the accomplishment of multiple economic activities, regardless of where located.
Therefore, the necessary State participation materializes in a final act of approval by the Government by which coordinates regional planning competition - responsible for the development and review of the management plans of the water intra-community - with the requirements of the water policy.
Article 40.3 of the consolidated text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, features that the hydrological planning will take place through the hydrological plans of basin and of the National Hydrological Plan.
As foreseen in articles 41.1 and 40.6 of the cited consolidated text of the law of water in river basins within basins entirely in the territory of an autonomous community, the development of the Hydrological Plan corresponds to the hydraulic administration competent, being on the other hand government approval, by Royal Decree, such a Plan if it conforms to the requirements of the articles 40.1 3 and 4 and 42, does not affect other watershed resources and, if necessary, fits to the determinations of the National Hydrological Plan. Por_otro_lado, article 20.1. b) has, in turn, that the Hydrological Plan is informed by the national water Council, prior to its adoption by the Government.
The Plan hydrological of the demarcation basin of the Balearic Islands, which is approved, replaces the Plan hydrological de Les Illes Balears approved by Royal Decree 684/2013, 6 September, includes the watershed entirely within the territorial scope of this autonomous community and as such has been developed by the autonomic administration hydraulics.
This Plan includes a program of measures described in its report focuses on action programmes and infrastructures that are incorporated as annex a normative part.
In its elaboration has been followed in the regulation of the hydrological planning approved by Royal Decree 907/2007, of July 6, as well as the technical requirements established by the Decree-Law 1/2015, of 10 April, which approves the instruction of water planning for the intra-Community River basin of de Les Illes Balears. The mentioned requirements were incorporated in the legal system autonomic, care to comply with the judgment of the Court of Justice of the European Union of 24 October 2013, which declared that certain intra-basin had made a comprehensive or partial transposition of Directive 2000/60/EC, of the European Parliament and of the Council of 23 October by which establishes a Community framework in the field of water policy.
Also, in their elaboration, has followed the procedure of strategic environmental assessment, pursuant to the law 21/2013, December 9, of environmental impact assessments and strategic environmental assessments in the Illes Balears.
The phase of regional development in accordance with article 4 of Decree 129/2002, of 18 October, of organization and regime legal of the Administration hydraulics of the Balearic Islands, concludes with the initial approval of the Council of Government of the Balearic Islands at its meeting of May 8, 2015, and its subsequent referral to the Ministry of agriculture Food and environment to obtain approval in accordance with article 83 of the regulation of the hydrological planning.
It is an intra-Community hydrological plan and taking into account the extension of each of the parties in which it is structured, its advertising is materialized through the formal publication of the normative content of the Plan and its annexes in the «Bulletin official of the community autonomous of the Balearic Islands', in accordance with article 3(2) of the above normative part of the Plan , and the publication of memory and its annexes on the website of Directorate General of water resources of the Ministry of agriculture, environment and territory.
The Plan hydrological of the demarcation basin of the Balearic Islands has been informed favorably by the national water Council at its meeting of May 27, 2015, by what comes their approval by Royal Decree, under cover of 40.5 articles and 6 of the revised text of the Water Act.
By virtue, on the proposal of the Minister of agriculture, food and environment and prior deliberation of the Council of Ministers, at its meeting of July 17, 2015, have: first. Approval of the Plan hydrological of the demarcation basin of the Balearic Islands.
1. Agreement pursuant to article 40.6 of the text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July, approving the Plan hydrological of the demarcation basin of the Balearic Islands as it was initially approved by the Government Council of the Balearic Islands at its meeting of May 4, 2015.
2. the territorial scope of the Hydrological Plan coincides with the of the demarcation basin of the Balearic Islands, defined in article 2(1) of the Decree 129/2002, of 18 October, of organization and legal regime of the hydraulic management of the Balearic Islands.
Second. Conditions for the realization of the hydraulic infrastructure promoted by the General Administration of the State.
Hydraulic infrastructure promoted by the General Administration of the State and provided for in the Plan hydrological of the demarcation basin of the Balearic Islands shall be previously submitted to its realization, to an analysis of its technical, economic and environmental viability by the General Administration of the State. In any case, its construction when your specific legislation so provides it shall be subject to laws on evaluation of environmental impact, to budgetary availability and the corresponding sectoral plans. The implementation of the measures foreseen in the Plan in any case exceed the coming budgetary availability of national and Community funds.
Third party. Advertising.
Given the public character of the management plans, in accordance with article 40.4 of the revised text of the Water Act, the content integrity of the Hydrological Plan will be made available by any person at the offices of the Directorate General of water resources of the Balearic Ministry of environment. Also, this information will 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 «newsletter official of the autonomous community of the Balearic Islands» in accordance with article 3(2) of the above normative part of the Plan.
You can also obtain copies or certificates of the ends thereof, in accordance with article 37 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and access its contents under the terms provided in the law 27/2006, of 18 July, which regulates the rights of access to information public participation and access to justice in environmental matters.
The Royal Decree 684/2013, 6 September, which approves the Hydrological Plan of the Balearic Islands is hereby repealed.
Given in Madrid on 17 July 2015.
The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA
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