The hydrological situation in which the use of the Tajo-Segura transfer and the head of the Tagus are found as a result of the lack of rainfall during the last hydrological year, causes the The water demands of the Segura Hydrographic Demarcation are not guaranteed.

In development of the provisions of Article 27 of the National Hydrological Plan, the Segura Hydrographic Demarcation has established a Global System of Hydrological Indicators that allows for drought situations.

This system is approved by Order MAM/698/2007 of 21 March, approving special plans for action in situations of alert and eventual drought in the areas of river basin management plans. intercommunity.

The State Indicator of the Global System of the Segura basin, calculated according to the methodology described in the special plan of action of the Segura Hydrographic Demarcation, is located 15 March 2015 in a situation of prealert (0.427).

This State Indicator of the Global System, which ranges from 0 to 1, has declined in one year from the value of 0.887 that it presented on 1 March 2014 to 0,460 referred to, maintaining a downward trend.

This decrease is a consequence, among others, of the decrease of the annual contributions that have occurred in the headwaters of the Segura and the Tagus basins, in such a way that if in the basin of the Segura the contribution year 1 of March 2014 was 752.2 hm³, that same day this year 2015 is only 381.0 hm³, which is a very marked decrease of 50%.

For its part, and as far as the regadios are concerned with the Tajo-Segura transfer, whose users according to the judgments of the Supreme Court dated November 25, 2002 and May 24, 2013, are also of the the Segura basin since it belongs to the waters since they are transferred, they have reduced their available resources, from the 142.5 hm³ that was agreed to transfer for irrigation between the months of October and February 2014 to the 94.5 hm³ of the current hydrological year.

This situation is caused by the fact that the hydrological year 2013/14 has been extremely dry and warm from the meteorological point of view, with a precipitation in the whole territorial scope of the Confederation of only the 42% of its historical average value, as a result of a cumulative rainfall of about 153 mm over an average annual value of 365 mm.

That fact has come to aggravate the deficit of resources that exists in the Segura basin, which with normal rainfall already rises to 480 hm³/year and is associated with the overexploitation of the groundwater and the infradotation of the existing crops mainly in regable areas of the Tajo-Segura transfer, making it difficult to achieve the environmental objectives for the different water bodies, within the time limits provided for in the Hydrological Plan of the Demarcation.

The declaration of drought in the territorial scope of the Segura Hydrographic Confederation is carried out in this royal decree in compliance with the provisions of article 27 of Law 10/2001 of the National Hydrological Plan, having The state of the operating subsystems of the Demarcation.

The Special Plans for Action have meant a substantial change in the planning and management of these natural phenomena and they serve as a methodological reference for the formal declaration of drought situations in Spain. The corresponding to the Segura basin has been and is therefore effective in the detection of situations of scarcity and has allowed to activate in good time, the scheduled start of actions of prevention and the mitigation of its impacts to minimize the deterioration of the hydraulic public domain.

The situation of rainfall and hydrological drought in the Segura Basin requires, on the one hand, temporary measures to increase the available water, mobilizing unallocated water resources. The Commission also took the view that, in the light of the above, it would be necessary to adopt the necessary administrative measures in order to reduce losses in the system and to increase the control of the volumes used. It will also be necessary to seek a balance between the use and protection of the water bodies and to implement the necessary corrective measures.

To that end, Article 58 of the current recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of July 20, empowers the government to adopt, by means of a royal decree and in circumstances of drought extraordinary measures, such as those currently given in the territory of the Segura Hydrographic Confederation, the measures that are precise in relation to the use of the hydraulic public domain, even if it had been granted, for overcoming circumstances of need, urgency, anomalous or exceptional circumstances.

In addition to Article 23 of the regulations of the Hydrological Plan of the Segura Demarcation, approved by Royal Decree 594/2014, of July 11, it allows a temporary non-compliance of the environmental objectives, as a consequence of the temporary deterioration of the state of the water masses when, among others, a prolonged drought situation occurs.

According to this, this royal decree aims to provide the hydraulic administration with the normative instruments that allow it to proceed with the management and protection of water resources in the most convenient way for the general interest, in the framework of the forecasts contained in the set of provisions that make up the Spanish waters legislation.

To do this, the governing bodies of the Segura Hydrographic Confederation are awarded a cast of extraordinary powers, among which, on the one hand, the authorization of the Government Board of the Confederation of Hydrographic to modify the conditions of use of the hydraulic public domain whatever the legal title has given place to that use and to establish the measures that are precise for the just and rational distribution of the Available resources, with targeted measures for incorporation and allocation temporary resources to the global operating system.

From another it is enabled to the Basin Agency to agree the realization or to impose the execution of those actions that are necessary for a better management of the water resources.

The procedures linked to the execution of the royal decree are declared as urgent, under the provisions of Article 50 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, and at the same time, simplified procedures for the modification of the conditions of use of the hydraulic public domain, central element to ensure the effectiveness of this exceptional regulation, ensuring in any case the necessary participation and audience of the stakeholders.

Finally and in order for all these measures to be truly effective, the period of application of this royal decree will be extended from its entry into force until December 31, 2015.

The performance of works and other technical actions that are necessary as a consequence of the declaration of Drought that is established in this royal decree, must be financed according to the current regulations.

In the elaboration of this royal decree the Hydrographic Confederation of the Segura has been heard.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, according to the State Council and prior deliberation of the Council of Ministers at its meeting on May 8, 2015,

DISPONGO:

Article 1. Object and territorial scope.

This royal decree, which is issued under the provisions of Article 58 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 July and Article 27 of Law 10/2001, of the Plan National Hydrological, declares the situation of prolonged drought in the territorial scope of the Segura Hydrographic Confederation and aims to establish the exceptional administrative measures for the management of water resources to alleviate the current situation of water scarcity in which this territorial area is located.

The measures to be taken will depend on the evolution of the drought throughout the year 2015, monitoring through the indicators of hydrological status defined in the Special Plans of Action in a situation of alert. and any drought in the inter-Community basins, approved according to Order MAM/698/2007 of 21 March.

Article 2. Powers of the Governing Board and the Chairman of the Segura Hydrographic Confederation.

1. The Governing Board shall be a Permanent Commission chaired by the Chairman of the Hydrographic Confederation, and of which the Commissioner of Water, the Technical Director, the Head of the Office of Hydrological Planning, a representative of each of the Ministries of Agriculture, Food and Environment and Industry, Energy and Tourism, a representative of each Autonomous Community whose territory is situated in the area of the Hydrographic Confederation and a representative for each of the groups of users of energy supply and use and two for the group of the irrigated.

The representatives will be appointed among the members of each group within the Governing Board, on the proposal of the majority of the members of each of the groups. The President of the Hydrographic Confederation shall appoint the Secretary of the Commission from among its members.

They will also participate in the Permanent Commission, with a voice but without a vote, a representative of the associations and organizations of defense of environmental interests, two of the most important trade union and business organizations. representative and one of the local authorities whose territory is wholly or partly in line with that of the river basin district, designated by the President of the Hydrographic Confederation, on a proposal from the respective groups which are part of the Water Council of the Demarcation.

2. It is up to the Governing Board and, if necessary, to the Standing Committee:

a) Reduce the water supply of those resources that are affected by the lack of resources and that are precise to rationalize the management and use of water resources.

b) To modify the priority criteria for the allocation of resources to the different uses of water, respecting in any case the supremacy of the use recorded in article 60.3.1. of the recast text of the Law of Waters, approved by Royal Decree Legislative 1/2001 of 20 July.

c) To temporarily modify the allocations and reserves provided for in the regulations of the hydrological plan of the Segura Hydrographic Demarcation, approved by Royal Decree 595/2014, of July 11.

d) agree to the replacement of all or part of the concessional flows by others of different origin and of appropriate quality for the use to which it is intended, in order to rationalize the use of the resource and to give compliance with the ecological flow rate regime set out in the hydrological plan.

e) Modify the conditions set out in the discharge authorizations, in order to protect public health, the state of the resources and the water environment and that of the associated land systems.

3. A situation of temporary deterioration of the state of one or more of the water bodies may be permitted under the conditions and requirements which for prolonged drought situations provides for Article 23 of the regulations of the Hydrological Plan of the The Segura Hydrographic Demarcation.

4. The Presidency of the Segura Hydrographic Confederation is empowered to:

(a) Adopt any measures that are necessary for the effective implementation of the agreements adopted by the Governing Board or the Standing Committee.

(b) To agree to the performance or to impose the execution of those works of control or measure of flow and evolution of the bodies of groundwater that are necessary for better management of the resources.

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

1. The processing of the procedures affected by the application of the exceptional measures provided for in this royal decree will be of an urgent nature, in accordance with the provisions of Article 50 of Law No 30/1992 of 26 November 1992. Legal framework for public administrations and the common administrative procedure. By virtue of this Article, all the time limits laid down in those procedures shall be reduced by half, with the exceptions set out in that Article.

2. The processing of the modification procedures under the conditions of use of the hydraulic public domain shall be carried out as follows:

(a) The procedure shall be initiated on its own initiative by the competent body, which shall be notified to the parties concerned.

b) The report and the elaboration of the proposed modification will be carried out by the Water Commissioner.

c) The audience to the stakeholders will be reduced to the five-day deadline.

d) The approval of the proposal shall be the responsibility of the President of the Confederation and the resolution shall be reasoned.

e) The Presidency of the Hydrographic Confederation will take the necessary measures to make effective the resolution of modification of the conditions of use of the hydraulic public domain.

3. The resolution adopted will determine the modification of the conditions of use of the hydraulic public domain during the validity of this royal decree, without prejudice to the possibility of revocation. Where there is a change in flows resulting in damage to profit or loss in favour of others, the beneficial owners must satisfy the appropriate compensation and shall correspond to the basin body, in the absence of agreement between the parties, the determination of their value, as general rule in Article 55.2 of the recast text of the Water Act.

Article 4. Exceptional regime of contracts for the transfer of water rights in the area of the Segura river basin district.

The head of the Ministry of Agriculture, Food and the Environment, under the provisions of Article 67.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001, of July 20, will be able to authorise, on a temporary and exceptional basis, no rights of water use which do not respect the order of preference defined in the hydrological plan, while respecting the supremacy of the use of supply.

Article 5. Commissioning and running probes.

1. In accordance with Article 55 of the Recast Text of the Water Law, the Presidency of the Hydrographic Confederation is empowered to authorize the implementation, on its own or outside, of any survey, (i) raising or not allowing the provisional contribution of new resources, as well as their allocation between the various users. This power includes putting into service existing surveys or the execution of new ones to the extent that they are essential to obtain sufficient flow rates to meet the most urgent demands and to provide resources for the maintenance of the ecological flow rate regime in the rivers and wetlands, as set out in the hydrological plan.

Their exploitation will not result in a reduction in the current quality of the circulating water through the channels that make them unsuitable for the uses to which they are intended and will cease to be used when the conditions of scarcity and in any case for the end of the effective period of the royal decree and in no case will generate new concessional rights.

Extractions will be carried out in accordance with the different environmental statements that have been reported and must include a program to monitor the impacts generated, so that in case they are generated greater than the authorized, be paralyzed this one. All this to ensure that the actions do not compromise the ends, nor the achievement of the environmental objectives set in the Hydrological Plan of the Demarcation.

2. The use of hydraulic works for the collection and transport of the groundwater to the places of application, financed by the State, will imply the payment by those who benefit, from the rate of use in accordance with the provisions of Article 114.2 of the Recast Text of the Water Act, which will be used to compensate for the investment costs incurred and for the maintenance, conservation and exploitation of the facilities.

3. The processing of the necessary procedures shall be carried out in accordance with the terms set out in the Article.

4. In the event that the commissioning and execution of the surveys is carried out at some cost, it would be financed from the ordinary credits of the Hydrographic Confederation itself.

Article 6. Use of resources from seawater desalination.

1. The Presidency of the Hydrographic Confederation is empowered to authorize on a temporary basis and during the validity of this royal decree, the use and application of resources from the desalination of sea water, provided that medie the conformity of the operator of the installation and is not allocated or is not intended to be used immediately, with a view to the attention of existing uses and demands.

This authorization will be submitted to the prior control of the Directorate General of Water in those cases where the granting of its concession is the responsibility of the Ministry, for referring to desalination facilities that have the character of works of general interest of the State.

2. The use of these waters, when produced or conducted by facilities financed by the State, will imply the payment by the beneficiaries of the utilization rate corresponding to their generation and transportation to the places of application, including the costs of investment, maintenance, conservation and exploitation.

3. The processing of the necessary procedures shall be carried out in accordance with the terms set out in Article 3.

Article 7. Use of the volumes contributed to the flood defense reservoirs.

1. The Presidency of the Confederation is empowered, in the terms provided for in Article 33.5 of the regulations of the Hydrographic Demarcation of the Segura Hydrological Plan, to authorize the use of the laminates that in episodes of Rainfall is occasionally received in flood-defense reservoirs, to alleviate one-off deficits and to meet priority uses.

2. The use of the rolling infrastructure and the transport of the waters to the places of application, financed by the State, will imply the payment by those who benefit, of the rate of use which will be used to offset the investment costs incurred and the maintenance, conservation and operation of the facilities.

3. The processing of the necessary procedures shall be carried out in accordance with the terms set out in Article 3.

Article 8. Putting into service of underground water supply facilities.

1. The Presidency of the Confederation is empowered during the drought period, to authorize the use on a temporary basis and during the validity of this royal decree of installations for the extraction of groundwater, as support and complement to a small amount. The authorisation shall be conditional on the collection and disposal of the fish-salters at sea, as well as on the other conditions which the competent authorities may impose.

2. Applications for authorisation for the use of installations for the purpose of disposal must include all the information necessary for the adoption of the relevant resolution and must be accompanied by a detailed sketch or project proof of the taking works, of the planned point for the evacuation of the generated rejection and of the rest of the installations, as well as of a descriptive memory in which the volume must be justified to desalinate according to the right to the use of the groundwater available to it.

Article 9. Use of State infrastructure.

1. For the purposes of implementing the measures provided for in this Royal Decree, the use of the State's infrastructure is authorized for the conduct of the new resources up to their areas of application, including those whose In this case, it is appropriate to apply the provisions of Article 72 of the Law on Water for the transfer of rights to the private use of waters concluded between the users of the Taibilla. hydrographic demarcation of the Segura.

2. The new use will not be able to condition the use to which it is currently allocated, which will be of priority and will carry implicit the payment for those that benefit, from the rate of use corresponding to the article 114.2 of the recast of the Water Act, which will be used to compensate for the investment costs incurred and for the maintenance and maintenance of the facilities.

Article 10. Relations with government delegations.

The Presidency of the Hydrographic Confederation will communicate to the Government delegates in the autonomous communities affected by this royal decree the actions to be carried out in order to achieve the measures contained in the.

Additional disposition first. Public expenditure.

1. The creation and operation of the Standing Committee of the Drought will be addressed with the resources assigned to the administrative bodies and public bodies represented in it, therefore they will not entail any increase in public expenditure.

2. The measures included in this rule may not result in an increase in appropriations or in remuneration or other personnel costs.

Additional provision second. Subordination of the measures that may be taken to the Hydrographic Demarcation of the Segura Hydrological Plan.

The provisions of Articles 2.2 to 9 of this Royal Decree shall be without prejudice to the fact that none of the measures to be adopted in their application may depart from the general regulation of prolonged drought situations. provided for in Articles 23 (1) (a), 26, 48, 56 and Table XI.1 of Annex XI to the Water Plan of the Segura Hydrographic Demarcation Approved by Royal Decree 594/2014 of 11 July 2014, nor may it alter the preference in the actions referred to in that Plan provides for limits and actions to be observed or carried out in cases of prolonged drought, except that adequately motivate their insufficiency or the impossibility of pressing them urgently.

Final disposition first. Competence title.

This royal decree is issued under article 149.1.22.^a of the Spanish Constitution, which attributes to the State exclusive competence in matters of legislation, management and the granting of resources and benefits water when water flows through more than one autonomous community.

Final disposition second. Regulatory enablement.

The Minister of Agriculture, Food and the Environment is empowered to make the necessary provisions for the development and implementation of this royal decree.

Final disposition third. Temporary validity.

This royal decree will take effect until December 31, 2015.

Final disposition fourth. Entry into force.

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

Given in Madrid, on May 8, 2015.

FELIPE R.

The Minister of Agriculture, Food and the Environment,

ISABEL GARCÍA TEJERINA