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Resolution Of 24 Of April Of 2012, Of The Confederation Hydrographic Of The Safe, On Delegation Of Powers.

Original Language Title: Resolución de 24 de abril de 2012, de la Confederación Hidrográfica del Segura, sobre delegación de competencias.

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TEXT

The functions of the President of the Basin Agency have been established both in Article 30 of the Royal Legislative Decree 1/2001, of July 20, for which the recast of the Water Law, as in Article 33, is approved. of Royal Decree 927/1988 of 29 July, approving the Regulation of the Public Administration of Water and Hydrological Planning.

Article 9 of Royal Decree 984/1989 of 28 July 1989 of the organic structure of the hydrographic confederations organising the functions of the four administrative units directly dependent on the Presidency of the Agency determines the possibility for the President to delegate part of his duties to the heads of said Units.

The approval of Royal Decree 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments and the Royal Decree 401/2012 of 17 February, for which the structure is developed The basic organic of the Ministry of Agriculture, Food and Environment leads to the obligation to replace the existing delegation of competences, approved by resolution of 8 February 2010 of the Segura Hydrographic Confederation.

The delegation is a typical discretionary act, linked to various indeterminate legal concepts as defined in Article 13 of Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999 of 13 January, as circumstances of a technical, economic, social, legal or territorial nature, which make it appropriate. These concepts must have a real basis, not only because they are defined in the Law, but also because of the control that, of the discretion, has been enshrined in the doctrine and the jurisprudence.

Following this principle, as well as the need to act effectively, it has been agreed in this resolution that the delegation of the majority of the functions of the Presidency of this Agency has been agreed, stressing, due to its importance the following:

The delegation to the Commissioner of Waters of the acts of opening and resolution of the sanctioning procedures, always safe from the provisions of the Law 30/1992, of 26 November, of the Legal Regime of the Public administrations and the Common Administrative Procedure, as in Royal Decree 849/1986, which adopted the Rules of Procedure for the exercise of the right to impose sanctions in respect of the separation of organs from the instruction and resolution.

Or in the same way, the delegation of the actions of the tax regime in the matters of its competence, such as the resolution of authorization of tolls for the Segura River and/or the infrastructures of the post-transfer, to have the management powers without prejudice to the involvement of other units of the Agency in the procedure.

Equally, it is important to note with regard to the General Secretariat of the Agency the delegation in personnel matters for all that has not been previously delegated to the President, as well as the powers of recruitment.

Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, considers the coordination and collaboration between the different administrations to be of great importance. Public for the correct management of the Public Water Domain by influencing the same sectoral competencies attributed to different Public Administrations.

Likewise, and from the above, the institutional function of the President as representative of the Basin Agency before other Public Administrations is of utmost importance, so, for reasons of effectiveness for the improvement and agility of the administrative action, reflected in Article 103 of the Spanish Constitution for better management, and in accordance with the above Article 13 of Law 30/1992, of 26 November, of the Legal Regime of the General Government and the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, agreed:

First.

Repeal the February 8, 2010 resolution of the Segura Hydrographic Confederation on delegation of powers.

Second.

Based on the provisions of Article 33 of Royal Decree 927/1988 of 29 July, approving the Regulation of the Public Administration of Water and Hydrological Planning and Article 9 of the Royal Decree 984/1989, of July 28, of organic structure of the hydrographic confederations by which the functions of the four administrative units directly dependent of the Presidency of the Agency are organized, is solved:

1. Delegate the following competencies to the Water Commissioner of the Segura Hydrographic Confederation:

a) Resolving legal easements enforcement requests.

b) Resolve requests for authorizations for special common uses of the hydraulic public domain. Authorizations in servitude and police of channels.

(c) Authorizations of works in the public domain of water and of the use of the channels and the goods located therein.

d) Groundwater research authorizations.

e) Granting, feature modification and registration in the Water Register of concessions and authorizations for the private use of the public hydraulic domain whose volume is less than 500,000 m3 per year.

f) Recognition, modification of characteristics and registration in the Register of Water for temporary private water use of less than 500,000 m3 per year as provided for in the transitional provisions of the Water Act.

g) Recognition, modification of characteristics and annotation in the Private Water Exploitation Water Catalogue of which the volume is less than 500,000 m3 per year as provided for in the provisions Transitional provisions of the Water Act, including the full processing of the appropriate concession.

h) Extinction of the right to the private use of the public hydraulic domain in the use of the volume of less than 500,000 m3 per year.

i) Landfill authorizations to the hydraulic public domain.

j) Review and revocation of discharge authorizations to hydraulic public domain.

k) Liquidation of the discharge control fee on a voluntary basis.

l) Getting started and processing unlinde files from the hydraulic public domain.

(m) Dictate the opening of sanctions procedures as well as the resolution of qualified as minor and less serious, including the determination of damages to the public domain. and the imposition of the means of enforcement. Where appropriate, the adoption of the provisional measures required during the processing of the dossier. The instruction to the different areas, without in any case, applying the provisions of Articles 16 and 17 of Law 30/1992, of 26 November, of Legal Regime of the Public Administrations and of the Procedure Joint Administrative, on delegation of signature and supply, respectively.

n) Approval of the actions of the tax regime in matters of its competence.

or) Authorization of contracts for the transfer of rights to the proprietary use of waters.

p) Constitution and extinction of user communities, general communities, and central user boards.

q) Modification of user communities, general communities, and central user communities statutes.

r) Approval of flow measurement systems according to Order ARM 1312/2009, of May 20.

s) Resolve environmental information requests regulated in Law 27/2006, of July 18.

2. Delegate the following competencies to the Secretary General of the Segura Hydrographic Confederation:

(a) The legal representation of the Agency with the limitations provided for in Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by the Law 4/1999.

b) Order judgment and judgment failure compliance with Courts and Courts.

(c) The power of recruitment provided for in Article 316.2 of the Royal Legislative Decree 3/2011, which approves the recast of the Law on Public Sector Contracts.

(d) The recognition of obligations, the approval of certificates and the ordering of payments arising from the authorizations of expenditure and contracts entered into by the Agency, as well as the authorization of accounting documents derivatives of the Agency's budget implementation, commercial and extra-budgetary operations.

e) The formalization of contracts in administrative document in accordance with Article 156.1 of the Recast Text of the Public Sector Contracts Act.

f) Designate the representative of the Administration for the receipt of the contracts that require it.

g) Dictate the order of cancellation of final guarantees and the publication of tenders in the corresponding official bulletins.

h) Approval of final certifications and liquidations, as well as the corresponding expense in their case.

i) All personnel matters that have not been the subject of delegation to the Presidency of the Agency.

j) Resolution of unlinde of the hydraulic public domain.

k) Resolution of administrative resources and claims.

l) Exercise the expropriatory functions in water matters in the terms provided for in existing legislation to be financed by the Agency's own funds, as well as the land reversal files.

m) Resolutions relating to the management of the Agency's assets.

n) The cancellation of deposits constituted by the Segura Hydrographic Confederation in favor of individuals in the procedures of forced expropriation. The granting of deferrals and fractionations of settlements.

o) The authorizations of the casualties and the cancellations of the liquidations.

p) The return of duplicate or undue income, as well as the prescription of recognized rights.

q) The management in full of the revenue from the hydroelectric jumps whose ownership falls to the Basin Agency until its full collection.

r) Starting and approving the public information that requires it, as well as the approval of the regulatory fees.

3. Delegate the following competencies to the Technical Director of the Segura Hydrographic Confederation:

(a) Approval of the actions of the tax regime in matters of its competence.

(b) Authorisation of actions and air or subways on the hydraulic infrastructure of the Tajo-Segura transfer and its area of influence.

4. Delegate to the respective Heads of Unit, with respect to the staff assigned to them the following powers:

The authorization of the Service Commission orders within the national territory of less than eleven days.

The authorization and approval of overtime and special hours.

5. It is established, in the same way, the obligation to express in the acts dictated by delegation such character, identifying not only the natural person of the delegate, but also his position. Thus, in all administrative decisions, the following extremes must be entered:

Name, surname, signature and rubric of the holder of the body from which the act or resolution emanates.

AnteSignature with expression of the charge that the document subscribes to.

Reference, where appropriate, to the provision or act on which the exercise of delegated or deconcentrated powers is based.

Third.

According to the provisions of article 13.6 of Law 30/1992, of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, as amended by Law 4/1999, of 13 January, the Presidency of this Segura Hydrographic Confederation reserves the possibility to revoke the delegations granted at any time.

Likewise, the President of the Segura Hydrographic Confederation will be able to endorse the knowledge of a subject whose resolution is ordinarily or by delegation to its dependent administrative bodies, when circumstances of a technical, economic, social, legal or territorial nature make it appropriate in accordance with the provisions of Article 14 of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Procedure Common Administrative Board, as amended by Law 4/1999 of 13 January.

Fourth.

This resolution shall produce effects from the day following its publication in the "Official State Gazette".

Murcia, April 24, 2012. -President of the Segura Hydrographic Confederation, Miguel Angel Rodenas Canada.