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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 hereby established 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 be adjust.

The Water Council of the demarcation replaces the Water Council of the basin created by Law 29/1985, of 2 August, of Aguas, as the planning organ of the Basin Agency.

Royal Decree 29/2011 of 14 January amending Royal Decree 125/2007 of 2 February fixing the territorial scope of the river basin districts and Royal Decree 650/1987 of 8 May 1987 on the defining the territorial areas of the basin organizations and the hydrological plans, delimits a Hydrographic Demarcation of the Western Cantabrian and a Spanish part of the River Basin District of the Eastern Cantabrian, including in the latter, inter-Community basins within the competence of the State and internal basins of the Basque Country, competence of this Autonomous Community.

In turn defines the territorial scope of the Hydrographic Confederation of the Cantabrian, which includes the territorial scope of the land area of the Hydrographic Demarcation of the Western Cantabrian, as well as that of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation, in the field of State competence.

according to this, within the scope of the Cantabrian Hydrographic Confederation there is a hydrographic demarcation-of the Western Cantabrian-and a competition part of the State of another river basin. Eastern Cantabrian-which as different hydrographic demarcations constitute the scope of differentiated hydrological plans.

This situation leads to the creation of two Water Councils, one for the Hydrographic Demarcation of the Western Cantabrian and another for the competition field of the State of the Spanish part of the Hydrographic Demarcation of the Eastern Cantabrian. Both Councils are planning and participation bodies of the Cantabrian Hydrographic Confederation.

The purpose of this royal decree is to regulate the functions and functions and the operating system of the Water Council of the State competition area of the Spanish part of the Eastern Cantabrian Demarcation and establish its composition, in accordance with Article 36 of the recast text of the Water Act.

The regulation of the Water Council, in the recast text of the Water Law, introduces significant changes in relation to the Water Law of 1985, in terms of functions and composition, incorporating among the new functions, to promote 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 capitanies maritime and associations and organisations in defence of environmental, economic and social interests related to 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. These criteria have been applied in the light of the area and the population with equal weight, while taking into account the fact that the total number of members of the Council does not seriously hinder their operability.

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

The effective constitution of the Council requires a period of time for the election and appointment of the vowels, for which the first provision provides for a period of three months.

In short, this royal decree adopts the fundamental decisions by which the Council of Water can be constituted, in order to proceed to the fulfillment of the functions and attributions granted to it by the recast text of the Law of Waters and other current regulations, supplementing the framework of planning and participation with the provisions of the aforementioned Royal Decree 29/2011, of January 14, and in the Convention that is signed for the development of said Royal Decree, as well as in the international agreements and conventions on water management signed with the French Republic.

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 Minister of Territorial Policy and Public Administration, according to the State Council and prior deliberation of the Council of Ministers at its meeting on 11 November 2011,

DISPONGO:

Article 1. Object.

1. It is the object of this royal decree to regulate the composition, structure and functioning and powers of the Water Council of the State competition area of the Spanish part of the Eastern Cantabrian Demarcation, according to the provided for in Article 36 of the recast text of the Water Act, approved by Royal Legislative Decree 1/2001 of 20 July.

2. In accordance with Article 26.3 of the recast of the Water Law, the Water Council is the body for the participation and planning of the Hydrographic Confederation of Cantabrian.

Article 2. Functions of the Council.

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

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

(b) To issue to the Collegiate Organ of Coordination, which refers to the additional provision 6. of Royal Decree 125/2007 of 2 February laying down the territorial scope of the river basin districts, the Hydrological Plan The State of the Spanish part of the Eastern Cantabrian River Basin, for its integration into the Hydrological Plan of this demarcation and its subsequent revisions.

c) Inform matters of general interest for the area of state competence of the Spanish part of the Eastern Cantabrian river basin.

(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 process of hydrological planning, specific tasks of the Water Council shall also be:

a) Report on the proposal of the Governing Board to review the Hydrological Plan of the Spanish part of the Spanish part of the Eastern Cantabrian River Demarcation.

b) Propose to the Collegiate Organ of Coordination, referred to in point 1.b above, the revision of the Hydrological Plan of the Spanish part of the East Cantabrian Hydrographic Demarcation.

c) 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.

d) Issue a mandatory report on the proposal for a project of the Hydrological Plan of the Spanish part of the Spanish part of the Eastern Cantabrian Demarcation, prior to its integration into the Hydrological Plan of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation and its subsequent revisions.

e) Report special plans for action in situations of alert and eventual drought with prior approval.

3. The following shall also be committed and assigned to the 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 to the width of the servitude and police areas of the Public Water Domain, with a view to their approval by the Governing Board.

f) Other than legally attributed to you.

Article 3. Structure.

1. The Water Council 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.

4. A Commission may also be set up to discuss and make proposals on international issues relating to the Spanish part of the Eastern Cantabrian River Demarcation Within the framework of the agreements concluded between the Kingdom of Spain and Portugal. of Spain and the French Republic, the composition of which shall be determined by the Plenary.

Article 4. Composition of the plenary session.

1. The Water Council of the State competition area of the Spanish part of the Eastern Cantabrian Demarcation will be constituted by the President, two Vice-Presidents, a Secretary and the Vocals that are concretized in the article next.

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 Cantabrian 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 text of the Water Law, they will be members of the 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; Defense, one vocal; Interior, two vowels; Territorial Policy and Public Administration, one vocal; Science and Innovation, one vocal; and Foreign and Cooperation Affairs, a vowel.

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 Demarcation of the Coast of the Basque Country and the Service of Coast of Guipúzcoa of the General Directorate of Sustainability of the Coast and the Sea, of the Ministry of the Environment, and the Rural and Marine Environment, one vowel for each one; of the Maritime Capitanies of Bilbao and Pasaia, one vowel for each and the Authorities Port of Bilbao and Pasaia, one vowel for each one.

c) In representation of the Autonomous Communities, the following vowels: Basque Country, ten vowels; Navarre, four vowels and Castilla y León, a vocal.

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-four 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 Water Council shall be as follows:

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

(b) Vowels representing the Autonomous Communities shall be appointed 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 will be elected, for a period of three years, among the members belonging to the area of the demarcation of the Assembly of Users of the Basin Agency, by the representatives in the same of each of the classes of use, respecting 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 Committee on Water Planning and Citizen Participation will be chaired by the President of the Water Council and composed of members of the Council, in the following form: three representatives of the Ministry of the Environment, and the Environment Rural and Marino, a representative of the Ministry of Development, a representative of the Ministry of Industry, Tourism and Trade, a representative of the Ministry of Foreign Affairs and Cooperation, a representative of the Ministry of Science and Innovation and a representative of the Ministry of Territorial Policy and Public Administration; Autonomous Communities, the following representatives: five for the Basque Country, two for Navarre and one for Castilla y León; 12 representatives of the users, with the use of supply, irrigation, industrial uses not always represented. energy and energy uses; two representatives of the local authorities whose territory is wholly or partly in line with that of the demarcation and three representatives of the associations and organisations for the defence of environmental, economic and water-related social, distributed as follows: one representing environmental interests, one to the economic and one to the social ones.

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 included in the Commissions. As Secretary of the Commissions, the Head of the Office of Hydrological Planning will act.

Article 8. Operating system.

1. The Water Council 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 Demarcation Hydrological Plan, unless it has already been discussed before in plenary or involves non-relevant modifications. 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. Meetings of the Water Council Committees 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 organizations. agricultural and non-concessional users or other persons of recognised standing and experience in the field of 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 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 Water Council of the Spanish part of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation will be the Hydrographic Planning Office of the Hydrographic Confederation. of the Cantabrian.

Additional disposition first. Constitution of the Water Council of the State competition area of the Spanish part of the Eastern Cantabrian Hydrographic Demarcation.

The Ministry of the Environment, and the Rural and Marine Environment, through the Hydrographic Confederation of the Cantabrian, will carry out the necessary actions for the Water Council of the State competition area of the Spanish of the Eastern Cantabrian Hydrographic Demarcation is constituted within three 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 Committee 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 Cantabrian.

Single transient arrangement. Water Council of the basin.

Until the Water Council is established in the area of state competence of the Spanish part of the Eastern Cantabrian River Basin, will continue to exist and exercise its own functions the Council of Water from the basin.

Single repeal provision. Regulatory repeal.

All provisions of equal or lower rank are repealed to be opposed to the provisions of this royal decree.

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 14, 2011.

JOHN CARLOS R.

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

ROSA AGUILAR RIVERO