Royal Decree 355/2015, May 8, Which Declares The Situation Of Drought Within The Territorial Scope Of The Hydrographic Confederation Of The Júcar And Laying Down Exceptional Measures For The Management Of Water Resources.

Original Language Title: Real Decreto 355/2015, de 8 de mayo, por el que se declara la situación de sequía en el ámbito territorial de la Confederación Hidrográfica del Júcar y se adoptan medidas excepcionales para la gestión de los recursos hídricos.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5161

The current situation in which water reserves are located in the Confederation Júcar, as a result of the lack of rainfall, determines that demands can not be covered properly with the existing reserves in systems of exploitation of the demarcation.

He year hydrological 2013 / 2014 has been extremely dry from the point of view of the meteorology, being the precipitation accumulated in the field territorial of the Confederation bottom to it collected in them last 23 years. The precipitation accumulated in this year has been of some 281 mm while the value half annual in those years is of some 439 mm.

Consequence of this, in December of 2014 is found in the stage of emergency them systems Marina high, Vinalopó-Alacantí and Serpis, of which the two first not have of reservoirs of regulation and used mainly resources underground and the third combines waters surface with resources underground. The Palancia - Los Valles system and Marina Baja are in the stage of alert and other systems, with the exception of the Júcar which is in normal, are in the stage of early warning. The situation of the scenarios in the operating systems would be even worse if not for the good condition of storage in which were some of the reservoirs at the beginning of October of the year 2013.

The Declaration of drought in the field territorial of the Confederation hydrographic of the Júcar is performs in this real Decree in compliance of it willing in the article 27 of the law 10 / 2001, of 5 of July, of the Plan hydrological national, and taking in consideration the State of them systems of exploitation of the demarcation according to the system Global of indicators hydrological of the Ministry of agriculture Food and environment, which integrates status indicators defined in the special plans of action in a situation of alert and possible drought in the intercommunity basins, approved according to order MAM/698/2007, of 21 March, pursuant to provisions of law 10/2001 mentioned above.

The special plans of drought have meant a substantial change in the planning and management of these natural phenomena, and have served as a methodological reference for the formal declaration of the situations of drought in Spain. He plan special of drought of the Confederation hydrographic of the Júcar has been and is, therefore, effective in the detection of situations of shortage and has allowed activate with enough advance, it put underway scheduled of performances of management aimed to the prevention and the mitigation of their impacts for minimize the deterioration of the domain public hydraulic.

The situation of hydrological drought in the Júcar Confederation forces on the one hand, to adopt temporary measures allowing an increase of available water until the reserves levels improve, and on the other, to take the necessary administrative measures enabling to correct this situation through the limitation and restriction of exploitations of an equitable and solidarity between all the sectors concerned as far as possible. Also, will be necessary search a balance between the exploitation and the protection of them masses of water and apply for this them measures corrective that are necessary.

With that end, and without prejudice of the exercise of them powers planned in the article 55 of the law of waters, the article 58 of the existing text consolidated of it law of waters, approved by the Real Decree legislative 1 / 2001, of 20 of July, empowers to the Government to adopt, through real Decree and in circumstances of drought extraordinary, as which is dan currently in the territory of the Confederation hydrographic of the Júcar , them measures that are precise in relation to the use of the domain public hydraulic, even when had been object of concession, for the overcoming of circumstances of need, urgency, abnormal or exceptional.

Accordingly, this Royal Decree aims to provide the water administration of policy instruments that will enable it to carry out the management and protection of water resources in the most convenient way for the public interest.

For this, is gives to them organs guiding of the Confederation hydrographic of the Júcar a cast of powers extraordinary, between which stand out, of a part, it authorization to the Board of Government of the Confederation hydrographic for modify them conditions of use of the domain public hydraulic any that is the title legal that has given place to that use and for establish them reductions of supply of water that are precise for it fair and rational distribution of them resources available, limiting rights concession to those endowments, as well as the adaptation of the ecological flow rates set in the regulation of the hydrological plan of basin when its application put at risk the guarantee of the supply to the populations, and another, the habilitation to the Presidency of the hydrographic Confederation so you remember the accomplishment or to impose the implementation of those actions that are necessary for a better management of water resources as well as to execute works of uptake, transport or adaptation of infrastructure.

The procedures related to the implementation of the Royal Decree declared emergency, on the basis of provisions of article 50 of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure, and at the same time, are simplified procedures for the modification of the conditions of use of the public water domain , element central to ensure the effectiveness of this regulation exceptional, ensuring in all case the necessary participation and audience of them interested.

Reinforces the penalties in respect of offences committed in relation to the exceptional measures included in Royal Decree, to provide the competent bodies of powers commensurate with the gravity of the situation, for the benefit of the public interest.

On the other hand, and taking into consideration the low water reserves in most of the systems of exploitation of the territorial area of the Júcar Confederation, so that all these measures can be really effective, the period of application of this Royal Decree will be extended from its entry into force until 31 December 2015.

Carrying out works and other technical performances that were accurate as a result of the Declaration of drought that is set in the present Royal Decree, shall be financed in accordance with the regulations.

In the elaboration of this Royal Decree has been heard del Júcar hydrographic Confederation.

In his virtue, to proposal of the Minister of agriculture, power and environment, with the approval prior of the Minister of Hacienda and administrations public, in accordance with the Council of State, and prior deliberation of the Council of Ministers in its meeting of the day 8 of mayo of 2015, HAVE: article 1. Object and scope territorial.

This Royal Decree aims to declare the drought situation in the territorial scope of the hydrographic Confederation of the Júcar and the exceptional administrative measures for the management of hydraulic resources that allow to mitigate the effects of drought.

Article 2. Responsibilities of the Board of Government and the Presidency of the Confederation Júcar.

1. the Governing Board shall be a Standing Committee, chaired by the President of the hydrographic Confederation, and of which he formed part the Commissioner of water, the Technical Director, the head of the hydrological planning Office, a representative of each of the ministries of agriculture, food and environment, industry, energy and tourism, and economy and competitiveness , a representative of each affected region whose territory is located in the area of the hydrographic Confederation and a representative for each of the following groups of users: supply and energy use, and two representatives of the Group of irrigation, of which at least one will be from the operating systems that are in worse condition according to the Special Plan of alert and possible drought.

The representatives will be appointed among which make up each group within the Governing Council, on a proposal from the majority of the members of each of the groups. The President of the hydrographic Confederation shall appoint the Secretary of the Commission among its members.

Also, will participate in the Standing Committee, with voice but without vote, a representative of associations and organisations of environmental concerns, two of the most representative trade union and employers organizations and local authorities whose territory coincides total or partially with the of the river basin district, appointed by the President of the hydrographic Confederation, on the proposal of the respective groups.

2 corresponds to the Standing Committee: to) temporarily modify the conditions of use of the public water domain any that is enabling title given right to such use, and in particular: 1 reduce allocations in water supply that are precise to rationalize the management and use of water resources.


2nd modify the priority criteria for the allocation of resources to the different uses of water, respecting, in any case, the supremacy of the use stated in article 60.3.1. º of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July.

3rd modify temporarily them assignments and reserves planned in the normative the plan hydrological of the demarcation hydrographic of the Júcar, approved Royal Decree 595 / 2014, of 11 of July.

4th impose the replacement of all or part of the concessional flows by others of different origin and quality suitable for the use it is intended to rationalize the use of resources and to comply with the ecological flow regime established in the river basin management plan.

5 modify them conditions fixed in them authorizations of poured, to protect the health public, the State of the resources and the environment water and the of them systems terrestrial associated.

6 adapt the exploitation of the hydroelectric scheme to the needs, in order to make compatible them with other applications.

(b) also can admit is a situation of deterioration temporary of the State of an or several of them masses of water low them conditions and requirements that sets the article 8 of the regulations of the Plan hydrological of the demarcation hydrographic of the Júcar.

3 the Presidency of the Confederation Júcar is empowered to: to) adopt measures are called for the effective implementation of the agreements adopted by the Standing Committee.

(b) agree on the realization or impose the execution of those works of control or measurement of flow and evolution of the masses of groundwater that may be necessary for the better management of resources, as well as to execute works of uptake, transport or adaptation of infrastructure.

Article 3. Processing of the procedures affected by the application of exceptional measures.

1. the processing of them procedures affected by the application of them measures exceptional planned in this real Decree will have character of urgency, of conformity with it planned in the article 50 of the law 30 / 1992, of 26 of November, of regime legal of the administrations public and of the procedure administrative common. By virtue of, all the time limits provided for in these procedures shall be reduced to half, except those relating to the lodging of appeals.

2 processing procedures of modification in the conditions of use of the public water domain shall be carried out in the following manner: to) the procedure will start ex officio by the competent authority, which shall be notified to the interested parties.

(b) report and the elaboration of the proposed amendment will be made by the Commissioner for water.

(c) the audience interested is reduced to within five days.

(d) the approval of the proposal will correspond to the Commission permanent, must be motivated the resolution.

(e) the Presidency of the Confederation hydrographic will adopt them measures precise to make effective the resolution of modification of them conditions of use of the domain public hydraulic.

3. the resolution adopted will determine the modification of the conditions of use of the domain public hydraulic while not is expressly revoked or is keep current this real Decree.

Article 4. Modification of the rules of priority in the contracts of transfer of rights of use of water.

The head of the Ministry of agriculture, food and environment, under cover of the provisions of article 67.2 of the revised text of the Water Act, may authorize, with temporary and exceptional, assignment of rights of use of water that does not respect the order of preference defined in the river basin management plan or in article 60.3 of the cited standard , respecting in all case the supremacy of the use stated in the paragraph 1 of the article 60.3 cited.

Article 5. Commissioning and execution of drilling.

The Presidency of the hydrographic Confederation is empowered to authorize implementation underway, by account or self-employed, of any probe, he has this conveying or not, allowing the provisional contribution of new resources. This ability includes the implementation in existing drilling service or execution of new ones insofar as they are essential to obtain sufficient flows to meet the most urgent demands and to provide resources for the maintenance of the rule of ecological flows in rivers and wetlands, set in the regulation of the hydrological plan. These probes will be used in ordinary way when disappear the conditions of scarcity and in no event will generate new concession rights.

In the event that the realization of such polls take about any cost, this would be funded with regular appropriations of the own hydrographic Confederation.

Article 6. Sanctioning regime.

1 non-compliance by the users of the reduction measures of allocations in the supply of water to be taken in application of article 2(2). to) of this Royal Decree shall mean that it constitutes an administrative offense included in the type defined in article 116.3. c) of the consolidated text of the Water Act, and the penalty corresponding shall be imposed in its maximum degree , in view of its particular impact on the order and use of the public water domain.

(2 derivation of water from river beds and the advent of underground waters, without the corresponding concession or authorization when it is required, is an administrative infringement of article 116.3. b) of the revised text of the Water Act, and the sanction that corresponds, during the period of application of this Royal Decree, shall be imposed in its maximum degree, in view of its particular impact on the order and use of the public water.

3. the Confederación Hidrográfica del Júcar can directly run repair and replacement measures in the corresponding resolutions of the disciplinary proceedings. The amount of such measures will be borne by offenders and may be required by the administrative enforcement.

Article 7. Relations with the Government delegations.

The Presidency of the hydrographic Confederation shall inform the delegates of the Government in the autonomous communities affected by this Royal Decree the actions to be carried out in order to achieve compliance with the measures contained in it.

Provision additional first. Expenditure public.

1. the creation and operation of the Commission permanent of drought, will be served with them resources assigned to them organs administrative and agencies public in she represented, therefore not will be increased some of the expenditure public.

2. the measures included in this standard not can assume increase of endowments or of remuneration, or of others expenses of personal.

Provision additional second. Subordination of the measures that can adopt is to the Plan hydrological of the demarcation hydrographic of the Júcar.

It willing in them articles 2.2 to 5 of the present real Decree is means without prejudice of that none of them measures to adopt in its application may set aside is of the regulation general of them situations of drought prolonged planned in them articles 8.1 and 19.2, in relation to them articles 10.1, 12 and Appendix 6.1, of the Plan hydrological of the demarcation hydrographic of the Júcar approved by Real Decree 595 / 2014 July 11, or may alter the preference in the actions that are foreseen in it when it acts in any of the systems for which the Plan provides actions or measures to undertake or carry out in cases of prolonged drought, unless it is properly motivate their failure or inability to tackle them urgently.

First final provision. Skill-related title.

This Royal Decree is issued on the basis of article 149.1.22. ª of the Spanish Constitution, which attributes to the State exclusive competence in matters of legislation, planning and granting of resources and hydraulic exploitation when waters run by more than one autonomous community.

Second final provision. Enabling legislation.

Empower the head of the Ministry of agriculture, food and environment to make the necessary arrangements for the development and execution of this Royal Decree.

Third final provision. Temporary validity.

This Royal Decree shall be effective until December 31, 2015.

Available to finish fourth. Entry in force.

He present Royal Decree will enter in force the same day of its publication in the «Bulletin official of the State».

Given in Madrid, the 8 de mayo of 2015.

PHILIP R.

The Minister of agriculture, food and environment, ISABEL GARCÍA TEJERINA