Real Decree 356 / 2015, Of 8 Of Mayo, By Which Is Declares The Situation Of Drought In The Field Territorial Of The Confederation Hydrographic Of The Safe And Is Adopt Measures Exceptional For It Management Of The Resources Water.

Original Language Title: Real Decreto 356/2015, de 8 de mayo, por el que se declara la situación de sequía en el ámbito territorial de la Confederación Hidrográfica del Segura 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-2015-5162

It situation hydrological in which is are them exploitations linked to the transfer stumps-safe and the header of the stumps as consequence of the lack of rainfall during the last year hydrological, causes that currently not is are guaranteed them demands of water of the demarcation hydrographic of the safe.

In development of the provisions of article 27 of the National Hydrological Plan, the demarcation Hidrográfica del Segura has implemented a Global System of hydrological indicators allowing to foresee situations of drought.

This system is approved by the order MAM/698/2007, of 21 March, which approved the special plans of action in alert situations and temporary drought in areas of intercommunity basins hydrological plans.

Indicator status of the system overall of the Segura River basin, calculated according to the methodology described in the special plan of action of the demarcation Hidrográfica del Segura, is March 15, 2015 in situation of pre-alert (0,427).

This indicator of State of the system Global, that ranges between 0 and 1, has descended in a year from the value of 0,887 that presented the 1 of March of 2014 to the 0,460 referred, maintaining a trend downward.

This decrease is the result, among others, decrease of annual contributions that have been produced in the header of the Segura and basins of the Tagus, in such a way that if in the basin of the Segura annual contribution (of the last 365 days) to date on March 1, 2014 was 752,2 hm3, that same day of this year 2015 is just 381,0 hm3 which is a very marked 50% decline.

By its part and in what is refers to them irrigation linked with the transfer stumps-safe, whose users in accordance with the judgments of the Court Supreme of date 25 of November of 2002 and 24 of mayo of 2013, it are also of it basin of the safe to the belonging to this them waters since are transferred, have seen reduced their resources available , from the 142.5 hm3 agreed transfer to irrigated land between the months of October and February of the year 2014 to 94.5 hm3 in the current hydrological year.

This situation comes caused because the year hydrological 2013 / 14 has been extremely dry and warm from the point of view weather, with a precipitation in the joint of the field territorial of the Confederation of so only the 42% of its value half historical, as consequence of a rainfall accumulated of ones 153 mm on a value half annual of 365 mm.

That fact has come to aggravate the deficit of resources that exist in the Segura River basin, with normal rainfall already stands at 480 hm3/year and is associated with overexploitation of groundwater and the underfunding of the existing crops mainly in irrigation of the Tajo-Segura transfer areas, hampering the achievement of the objectives of the environmental to the different water masses , in the terms provided in the Plan hydrological of the demarcation.

The Declaration of drought in the territorial scope of the Confederación Hidrográfica del Segura is performed in this Royal Decree pursuant to the provisions of article 27 of the law 10/2001 of the National Hydrological Plan, taking into consideration the State of exploitation of demarcation subsystems.

The special plans of action have led to a substantial change in the planning and management of these natural phenomena and come serve as a methodological reference for the formal declaration of the situations of drought in Spain. Corresponding to the Segura River basin has been and is therefore effective in the detection of shortages and has made it possible to activate with advance, running scheduled implementation of actions of prevention and mitigation of their impacts to minimize the deterioration of the public water domain.

The situation of drought rainfall and hydrological forces existing in the Segura basin, on the one hand, to adopt temporary measures that will allow an increase in available water, mobilizing resources not allocated from desalination and groundwaters, and secondly, to take administrative measures that allow the reduction of losses in the system and the increasing control of used volumes. Also, it will be necessary to find a balance between the exploitation and protection of water bodies and apply corrective measures that are necessary to do so.

With that end, the article 58 of the existing text consolidated of the 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 droughts extraordinary, as which is dan currently in the territory of the Confederation hydrographic of the safe, them measures that are precise in relation to the use of the domain public hydraulic even when it would have been subject of concession, for the overcoming of circumstances of necessity, urgency, abnormal or exceptional.

Additionally the article 23 of the normative of the Plan hydrological of the demarcation of the safe, approved by Real Decree 594 / 2014, of 11 of July, allows a breach temporary of them objectives environmental, as consequence of the deterioration temporary of the State of them masses of water when among others, is produce a situation of drought prolonged.

Accordingly, this Royal Decree aims to provide the water administration of policy instruments that will enable it to address the management and protection of water resources in the most convenient way for the general interest, in the context of the provisions contained in the set of provisions that make up the law of waters Spanish.

For this, is gives to them organs guiding of the Confederation hydrographic of the safe 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 measures that are precise for it fair and rational distribution of them resources available adopting specific measures to incorporate and temporary allocation of resources to the global system of exploitation.

Another is enabled to the Basin Agency so you remember the accomplishment or to impose the implementation of those actions that are necessary for a better management of water resources.

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.

Finally and 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.

The realization of works and others performances technical that were accurate as consequence of the Declaration of drought that is sets in the present real Decree, must be financed in accordance with the normative existing.

The Confederación Hidrográfica del Segura has been heard in the elaboration of this Royal Decree.

By virtue, on the proposal of the Minister of agriculture, food and environment, with the prior approval of the Minister of finance and public administration, in accordance with the Council of State and after deliberation by the Council of Ministers at its meeting of May 8, 2015, HAVE: article 1. Object and territorial scope.

This Royal Decree, which is run under the protection of the provisions of article 58 of the text of the Water Act, approved by Royal Legislative Decree 1/2001, of 20 July and in article 27 of the law 10/2001, of the National Hydrological Plan, declares the situation of drought in the territory of the Confederación Hidrográfica del Segura and aims to establish the exceptional resources management administrative measures water to alleviate the current situation of scarcity of water in which this territory is allowing.

Measures will depend on the evolution of drought throughout the year 2015, tracking it through the hydrological 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.

Article 2. Responsibilities of the Board of Government and the President of the Confederación Hidrográfica del Segura.


1. the Governing Board shall constitute a Standing Committee chaired by the President of the hydrographic Confederation, and of which he formed part the water Commissioner, the Technical Director, the head of the hydrological planning Office, a representative of each of the ministries of agriculture, food and environment and of industry, energy and tourism, a representative of each autonomous community, whose territory is located in the area of the hydrographic Confederation and a representative for each one of those groups of users of supply and uses energy and two for the Group of them of irrigation.

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 Committee from among its members.

Also, will participate in the Commission permanent, with voice but without vote, a representative of them associations and organizations of Defense of interests environmental, two of them organizations Union and business more representative and one of them entities local whose territory coincides total or partially with the of the demarcation hydrographic, designated by the President of the Confederation hydrographic, to proposed of them respective groups that form part of the Council of the water of the demarcation.

2 corresponds to the Board of Government and in their case the Standing Committee: to) reduce allocations in water supply of those resources that may be affected by the lack of resources and which are accurate to rationalize the management and use of water resources.

(b) modify them criteria of priority for the allocation of resources to them different uses of the water, respecting in all case the supremacy of the use recorded in the article 60.3.1. ° of the text consolidated of the law of water, approved by the Real Decree legislative 1 / 2001, of 20 of July.

(c) temporarily change the allocations and reserves provided for in the rules of the hydrological plan of the demarcation Hidrográfica del Segura, approved by Royal Decree 595/2014, of 11 July.

(d) agree it replacement of it all or of part of them flows concession by others of different origin and of quality adequate for the use to which is intended, to rationalize the use of the resource and give compliance to the regime of flow ecological established in the plan hydrological.

(e) modify the conditions laid down in discharge authorisations, to protect public health, the State of the resources and the water environment and systems terrestrial partners.

3 may accept is a situation of temporary deterioration in the status of one or several of the masses of water under the conditions and requirements that for situations of prolonged drought laid down in article 23 of the regulation of the Hydrological Plan for the hydrographic demarcation of the Segura.

4 the President of the Confederación Hidrográfica del Segura is empowered to: to) adopt measures are called for the effective implementation of the agreements adopted by the Governing Board or 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 groundwater bodies which are necessary for a better management of resources.

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, all deadlines provided for in these procedures shall be reduced by half, with the exceptions listed in that article.

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) the report and the elaboration of the proposal of modification is held from the curates of waters.

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

(d) the approval of the proposal will correspond to the President of the Confederation must be motivated the resolution.

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

3. the resolution adopted will determine the modification of them conditions of use of the domain public hydraulic during the validity of this real Decree, without prejudice of the possibility of revocation. When there is a change flow to generate damages to some exploitations in favour of others, benefit holders must satisfy the timely compensation and it will be up to the Agency of cuenca, in the absence of agreement between the parties, the determination of its amount, as provided in general article 55.2 of the revised text of the Water Act.

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

The head of the Ministry of agriculture, food and environment, under the provisions in article 67.2 of the text of the Water Act, approved by Royal Decree 1/2001, of 20 July legislative, may authorize, as a temporary and exceptional, assignments of rights of use of water that does not respect the order of preference defined in the river basin management plan respecting, in any case, the use of supply supremacy.

Article 5. Commissioning and execution of drilling.

1. in accordance with article 55 of the revised text of the Water Act, 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, as well as their allocation among different users. 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.

Their exploitation does not imply a decline in the quality of circulating water through the channels making them unsuitable for applications that are intended and will no longer be used when disappear the conditions of scarcity and in any case at the end of the term of the Royal Decree and in no event will generate new concession rights.

Them extractions is be carried out in accordance with it established in them different statements environmental relapses and should include a program of follow-up of them impacts generated, so where is generate greater that them authorized, is paralyze this. All this to ensure that the performances do not compromise the purposes and the achievement of the environmental targets set in the Hydrological Plan of the demarcation.

2. the use of hydraulic works for the capture and transport of the groundwater to the places of application, funded by the State, will take implicit payment by those who are beneficiaries of corresponding utilization in accordance with the provisions of article 114.2 of the text revised of the water law, which will go to offset investment costs incurred and maintenance conservation and operation of the facilities.

3. the processing of the necessary procedures will be provided in the article.

4. in the event that the commissioning and execution of drilling will take about any cost, this would be funded with regular appropriations of the own hydrographic Confederation.

Article 6. Use of resources from the desalination of sea water.

1. the Presidency of the hydrographic Confederation is empowered to authorize on a temporary basis and for the entry into force of this Royal Decree, the use and application of resources from the desalination of sea water, provided that mediate the conformity of the owner of the installation and are not assigned or expected no immediate use, with destination to the attention of existing demands and applications.

This authorisation shall be subject to the prior control of the General direction of the water in those cases in which the granting of the concession is the competence of the Ministry, by referring to desalination installations that have the character of works of general interest of the State.

2. the use of these waters, where they are produced or conducted by facilities financed by the State, will be implicit payment by beneficiaries, of the utilization rate corresponding to his generation and transportation to places of application, which shall include the costs of investment, maintenance, conservation and exploitation.

3. the processing of the necessary procedures will be held in the terms provided for in article 3.


Article 7. Use of the volumes contributed to the reservoirs of defense against avenues.

1. the Presidency of the Confederation is empowered, in the terms provided for in article 33.5 of the regulation of the Hydrological Plan for the hydrographic demarcation of the Segura, to authorise the use of laminated volumes that are received on an occasional basis in the reservoirs of defense against avenues in episodes of rain, to relieve specific deficits and satisfy priority uses.

2. the use of lamination infrastructures and water transport to the places of application, funded by the State, will be implicit manure by those resulting benefit, maintenance, conservation and operation of the facilities and corresponding utilization that will go to offset investment costs incurred.

3. the processing of the necessary procedures will be held in the terms provided for in article 3.

Article 8. Commissioning of desalobración of groundwater systems.

1. the Presidency of the Confederation is empowered during the drought period, to authorize the use on a temporary basis and during the term of this Royal Decree of facilities of desalobración of groundwater, as a support and complement to a poor endowment. The authorization will be conditioned to the collection and evacuation of pickles to the sea, as well as many other conditions may be imposed the competent administrations.

2. Requests for authorization for the use of facilities at desalobración must contain all the information necessary for the adoption of the corresponding resolution and shall be accompanied by a detailed sketch or project supporting the works of outlet point provided for the removal of generated rejection and the rest of the facilities, as well as a descriptive report in which the volume to desalinate in accordance with the right to use must be justified in the groundwater which is available.

Article 9. Use of infrastructure of the State.

1. for the development of the measures provided for in the present Royal Decree, authorizes the use of the infrastructure of the State which are necessary for the conduct of the new resources to their areas of application, including those whose management corresponds to the Commonwealth of los Canales de Taibilla, where appropriate, shall apply the provisions of article 72 of the water law for contracts of assignment of rights to the private use of the waters concluded between the users of the river basin of the Segura.

2. the new use not may condition the use to which is intended currently, that will have character priority and will take implicit the manure by those that are benefited, of the rate of use corresponding to the article 114.2 of the text consolidated of the law of waters, that will go destined to compensate them costs of investment supported and to the maintenance conservation and exploitation of them facilities.

Article 10. Relations with delegations from the Government.

The Presidency of the Confederation hydrographic communicated to them delegates of the Government in them communities autonomous affected by this real Decree them performances that should make is to get the compliance of them measures contained in it.

Provision additional first. Public spending.

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 may not assume increased Endowment fees, or other staff costs.

Second additional provision. Subordination of the measures to be adopted to the Hydrological Plan for the hydrographic demarcation of the Segura.

(It willing in them articles 2.2 to 9 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 it regulation general of the situations of drought prolonged planned in them articles 23.1. to), 26, 48, 56 and table XI.1 of the annex XI of the Plan hydrological of the demarcation hydrographic of the safe approved by Real Decree 594 / 2014 July 11, or you can alter the preference in the actions foreseen by the Plan limits and performances to observe or carry out in cases of drought prolonged, unless it is properly motivate their failure or inability to tackle them urgently.

Available end first. Skill-related title.

This Royal Decree is issued on the basis of article 149.1.22. 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.

Available to finish second. Enabling legislation.

It empowers the Minister of agriculture, food and environment to enact the provisions necessary for the development and execution of this Royal Decree.

Third final provision. Effect temporary.

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

Available to finish fourth. Entry into force.

This Royal Decree shall enter force the day of its publication in the «Official Gazette».

Given in Madrid, the 8 de mayo of 2015.

PHILIP R.

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