Advanced Search

Royal Decree 1705 / 2011, On 18 November, Which Establishes The Composition, Structure And Functioning Of The Council Of The Water Of The Demarcation Hidrográfica Del Segura.

Original Language Title: Real Decreto 1705/2011, de 18 de noviembre, por el que se establece la composición, estructura y funcionamiento del Consejo del Agua de la Demarcación Hidrográfica del Segura.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Article 26 of the recast text of the Water Law, approved by Royal Legislative Decree 1/2001 of 20 July, establishes that the Water Council, the Government, Administration and Cooperation of the Basin Agency of the demarcation is the organ of participation and planning.

By Article 35 of the same Recast Text, the Demarcation Water Council is created to promote information, public consultation and active participation in hydrological planning in the river basin. Inter-Community basins.

In turn, Article 36 of the Recast Text provides that the composition of the Water Council is established by royal decree, approved by the Council of Ministers, and points out the criteria to which such a composition should adjust.

The purpose of this royal decree is to regulate the functions and functions and the operating system of the Water Council of the Segura Hydrographic Demarcation and to establish its composition, in accordance with Article 36 of the text. recast of the Water Act.

The Water Council of the demarcation replaces the Water Council of the basin created by Law 29/1985, of 2 August, of Waters.

Its regulation in the recast text of the Law of Water introduces significant modifications in relation to the Law of Waters of 1985, in terms of functions and composition, incorporating among the new functions, that of promoting the information, consultation and public participation in the planning process, and, among the new vowels, representatives of the local authorities, the peripheral services of coasts, port authorities and maritime capitanies and associations and organisations in defence of environmental, economic and social interests related to the water.

Regarding the number and distribution of the representatives of the autonomous communities in the Council, the new regulation maintains the determinations established in the old one, and must be carried out according to the number of communities. (a) the state of the territory of the territory of the Member State of the territory of the Member State of the territory of the Member State. The application of these criteria, given the high imbalances between population and area occurring in the autonomous communities involved in this Demarcation and the desirability that the total number of Council vowels does not hinder Its operation has led to the maintenance of the same number and distribution of vowels in the Water Council of the demarcation of the autonomous communities as the one in the previous Water Council of the basin.

In Article 2, they are collected, as functions and attributions of the Water Council of the Demarcation, that are attributed to it in the recast text of the Law of Waters, in Royal Decree 606/2003, of 23 May, for which it is amended The Regulation of the Public Water Domain, and in Royal Decree 907/2007, of July 6, for which the Regulation of Hydrological Planning is approved, as well as other attributions that assigned to the Water Council of the basin the Royal Decree 849/1986, of 11 April, for which the Regulation of the Public and Hydraulic Public Domain is approved, and Law 10/2001, of 5 of July, of the National Hydrological Plan.

The effective constitution of the Council requires a time limit for the election and designation of the vowels, for which the additional first provision establishes a period of three months, during which period it will continue to exist. and exercising its powers the Water Council of the basin, as set out in the single transitional provision.

In short, this royal decree adopts the fundamental decisions by which this organ can be constituted in the Segura Hydrographic Demarcation, in order to proceed to the fulfillment of the functions and attributions that grants the recast text of the Water Act and other current regulations.

This royal decree has been reported favorably by the full National Water Council, which involves the autonomous communities and affected sectors.

In its virtue, on the proposal of the Minister of the Environment, and the Rural and Marine Environment, with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, agreement with the Council of State and after deliberation by the Council of Ministers at its meeting on 18 November 2011,

DISPONGO:

Article 1. Object.

1. It is the object of this royal decree to regulate the composition, structure and functioning and attributions of the Water Council of the Segura Hydrographic Demarcation, as provided for in Article 36 of the recast text of the Water Law, approved by Royal Decree Legislative 1/2001 of 20 July.

2. According to Article 26.3 of the recast of the Water Law, the Water Council is the body for the participation and planning of the Segura Hydrographic Confederation.

Article 2. Functions of the Council.

1. The following functions are generally applicable to the Water Council of the demarcation:

a) Promote information, query, and public participation in the scheduler process.

b) Elevate the Government, through the Ministry of the Environment, and the Rural and Marine Environment, the Demarcation Water Plan and its subsequent revisions.

c) Inform issues of general interest for demarcation.

(d) Inform matters relating to the protection of waters and the best management, exploitation and protection of the public hydraulic domain or those entrusted to it by the President or the Governing Board of the Agency basin.

2. In relation to the hydrological planning process, specific tasks of the Demarcation Water Council shall also be:

a) Report the proposal of the Governing Board to proceed with the review of the Hydrological Plan.

b) Issue a mandatory report on the provisional scheme of important water management issues provided for in Article 79.6 of the Hydrological Planning Regulation adopted by Royal Decree 907/2007, of 6 of July.

c) Issue a mandatory report on the proposed Hydrological Plan project and its subsequent revisions with a view to its submission to the Government for approval.

d) Inform special plans for action in situations of alert and eventual drought prior to their approval.

3. The following shall also be committed and assigned to the Demarcation Water Council:

(a) Be informed and heard in advance of the declaration of overexploitation or risk of overexploitation of the water resources in an area, prior to its approval by the Government Board, informing the study on the situation of the aquifer which is in the process of being declared over-exploited or at risk of being overexploited. It shall also inform the extraction management plan drawn up after the overfishing declaration.

b) Inform the delimitation of the water protection perimeters, prior to their approval by the Governing Board.

c) Report on the determination of the aquifer perimeters within which the granting of new groundwater concessions will not be possible, prior to their approval.

d) Report on the revocation of the authorizations for the discharge of waste water into the Public Water Domain, prior to its resolution.

e) Report on the modifications on the width of the servitude and police zones, of the Public Hydraulic Domino, with character prior to their approval by the Government Board.

f) Other than legally attributed to you.

Article 3. Structure.

1. The Water Council of the demarcation may act in plenary and in commissions.

2. The plenary session may agree to set up specific committees for the study and report on the matters to be entrusted to it.

3. In any case, there will be a Commission on Hydrological Planning and Citizen Participation, for the study and report of the issues that the plenary decides to entrust to it in relation to the hydrological planning and the citizen participation, whose composition is set out in Article 7 of this royal decree.

Article 4. Composition of the plenary session.

1. The Water Council of the Segura Hydrographic Demarcation will be constituted by the President, two Vice-Presidents, a Secretary and the Vocals that are concretized in the following article.

2. He will be President of the Council of the Basin Agency. In case of vacancy, absence, illness or other legal cause, it will be replaced by the Water Commissioner of the Segura Hydrographic Confederation.

3. The First Vice-Presidency shall correspond to the voice chosen by and among those representing the Autonomous Communities. The Second Vice-Presidency shall be on the voice chosen by and among the members ' representatives. In both situations the eesc as a vowel will, in any case, involve the Eesc as Vice-President.

4. As Secretary of the Council, with a voice but no vote, the Secretary-General of the Basin Agency will act. In case of vacancy, disease or other legal cause, it shall be replaced by an official of the Basin Agency appointed by the President.

5. For each of the members of the Council, an alternate may be appointed.

Article 5. Distribution of vowels.

According to the criteria provided for in Article 36.1 of the recast of the Water Law, they will be members of the Demarcation Water Council:

(a) On behalf of the ministerial departments related to water management and the use of water resources, the following vowels: Environment, and Rural and Marine Environment, three vowels; Industry, Tourism and Commerce, two vowels; Fomento, two vowels; Economy and Finance, one vocal; Health, Social Policy and Equality, one vocal; Defence, one vocal; Interior, two vowels; Territorial Policy and Public Administration, one vocal and Science and Innovation, one vocal.

b) Representing the technical services of the Basin Agency, the Water Commissioner, the Technical Director and the Head of the Office of Hydrological Planning; the peripheral units of Alicante, Murcia and Almeria de la Directorate General for Sustainability of the Coast and the Sea, Ministry of Environment, and Rural and Marine Environment, one voice for each; of the Maritime Capitanies of Alicante, Almeria and Cartagena, one vowel for each and the Port Authority of Cartagena, a vowel.

c) In representation of the Autonomous Communities, the following vowels: Andalusia, two vowels; Castilla-La Mancha, four vowels; Region of Murcia, twelve vowels, and Comunidad Valenciana, four vowels.

d) On behalf of the Local Entities, whose territory coincides in whole or in part with that of the demarcation, three vowels.

e) On behalf of users, twenty-eight vowels.

f) Representing associations and organizations for the protection of environmental, economic and social interests related to water, the following vowels: agricultural associations, two vowels; environmental associations, two vowels; business associations, a vocal and trade union organizations, a vocal.

Article 6. Designation of the vowels.

The voice designation of the Demarcation Water Council shall be performed as follows:

(a) The vowels representing the ministerial departments, the peripheral units of Costas and the maritime capitanies shall be appointed by the Ministry concerned.

(b) Vowels representing the autonomous communities shall be designated by the competent regional body for that purpose.

c) The vowels representing the Local Entities will be appointed by the Spanish Federation of Municipalities and Provinces for a period of three years.

d) The vowels representing the users shall be elected, for a period of three years, among the members of the Assembly of Users of the Basin Agency, by the representatives in the same one of each of the classes of Taking advantage of the proportionality that exists in the Assembly.

e) The vowels representing the associations and organizations of defense of environmental, economic and social interests will be appointed for a period of three years, by the Minister of Environment, and the Rural and Marine Environment, to Proposal from associations and organisations with greater or more representative implementation in the river basin district.

(f) The alternates shall be designated in the same manner as the holder.

Article 7. Composition of the Commission on Hydrological Planning and Citizen Participation.

1. The Commission on Hydrological Planning and Citizen Participation will be chaired by the President of the Water Council of the demarcation and integrated by members of the Council, in the following form: three by the Ministry of the Environment, and Rural and Marine Environment, one by the Ministry of Development, one by the Ministry of Territorial Policy and Public Administration, one by the Ministry of Industry, Tourism and Trade and one by the Ministry of Science and Innovation; by the Communities Autonomous, the following representatives: one by Andalusia, two by Castilla-La Mancha, three by the Region of Murcia and two by the Valencian Community; twelve representatives of the users, the uses of supply, irrigation and energy uses always being represented; two representatives of the local entities whose territory matches In all or in part with that of the demarcation and three representatives of the associations and organizations of defense of environmental, economic and social interests related to the water, distributed as follows: one representing the environmental interests, one to the economic and one to the social.

2. The election of the representative of each group shall be made between its members and for a period of three years; in the event of a tie or failure to reach agreement, the President of the Council shall decide. In addition, the Water Commissioner, the Technical Director and the Head of the Water Planning Office of the Basin Agency will be integrated into the Commission. As Secretary of the Commission, the Head of the Office of Hydrological Planning will act.

Article 8. Operating system.

1. The Water Council for the demarcation may draw up an internal rules of procedure governing its operation, which shall be adopted by the plenary.

2. Without prejudice to the peculiarities provided for in this royal decree, the Council shall adjust its operation to the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the legal framework of public and public administrations. Common Administrative Procedure, for the functioning of the collegiate bodies.

3. The Council's plenary session shall meet when deemed necessary by the President and, in any case, at least once a year.

4. By way of derogation from the preceding paragraph, the President may refer a matter to the consideration of the Council by seeking the observations of its members on the matter by written procedure, without the need for a Plenary session of the Council or its committees, for reasons of urgency. This procedure may not be used in the case of discussion and report of the Basin Hydrological Plan, unless it has already been discussed before in plenary or involves amendments that are not relevant. Once such a procedure has been initiated, the Council or its committees shall decide within a period of no more than one month that the said deadline shall be deemed to have been completed.

5. The meetings of the Committees of the Demarcation Water Council may be attended, when agreed by the President of the Council, officials of the Basin Agency or the regional authorities involved, as well as representatives of the non-concessional agricultural and user organisations or other persons of recognised status and experience in water, with a voice but without a vote, whose assistance shall be voluntary and without any remuneration.

6. The matters to be submitted to the Demarcation Water Council shall be prepared by the Governing Board of the Basin Agency.

7. In cases of absence or sickness and, in general, where there is a justified cause, representative organisations of social interest and other members of the Council may replace their members with other members, by crediting the Council Secretariat.

Article 9. Support bodies.

The technical support body of the Demarcation Water Council will be the Water Planning Office of the Basin Agency.

Additional disposition first. Constitution of the Demarcation Water Council.

The Ministry of the Environment, and the Rural and Marine Environment, through the Segura Hydrographic Confederation, will carry out the necessary actions so that the Water Council of the demarcation will be established within three years. months from the entry into force of this royal decree.

Additional provision second. Constitution of the Commission on Hydrological Planning and Citizen Participation.

Following the constitution of the Council, the Commission on Hydrological Planning and Citizen Participation shall be constituted within a period of not more than one month.

Additional provision third. Economic regime.

The constitution and functioning of the Water Council of the Demarcation Regulated in this royal decree will not entail any increase in public expenditure and will be dealt with with the personal and material resources existing in the Confederation. Hydrographic of the Segura.

Single transient arrangement. Water Council of the basin.

Until the Demarcation Water Council is constituted, the Water Council of the basin will continue to exist and exercise its own functions.

Single repeal provision. Regulatory repeal.

1. The provisions of this royal decree, and in particular Article 5 of Royal Decree 925/1989 of 21 July 1989, for which the Confederation of the Confederation of the United States of the European Union, are hereby repealed, are hereby repealed. Hydrographic of the Segura.

2. The entries made in the text referred to in the paragraph above to the Water Council of the basin shall be understood as replaced by the words "Water Council of the Demarcation".

Single end disposition. Entry into force.

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

Given in Madrid, on November 18, 2011.

JOHN CARLOS R.

The Minister for the Environment, and the Rural and Marine Environment,

ROSA AGUILAR RIVERO