The second final provision of Law 46/1999, of December 13, of amendment of Law 29/1985, of 2 August, of Aguas, in the wording given by Law 6 /2001, of 8 May, of Assessment of Environmental Impact, authorizes the Government so that, within two years from its entry into force, it will dictate a Royal Legislative Decree in which the existing legal regulations in the field of water are founded and adapted.

To do this, it is necessary to incorporate the modifications that in the text of the Law of Water, are introduced by Law 46/1999, cited above and by the judgment of the Constitutional Court 227/1988, of November 29, in which are partially estimated both the resources of unconstitutionality brought against the Law of Water, and the positive conflict of competences raised against certain precepts of the Regulation of the Public Domain Hydraulic; by the provision Additional 9. 2 of Law 42/1994 of 30 December 1994 on fiscal, administrative and administrative measures social order amending Article 109 (1), second subparagraph and Article 109 (2) of the Law on Water in the field of penalties; Articles 2 and 3 of Law 9/1996 of 15 January 1996 laying down extraordinary, exceptional and exceptional measures In the case of water supplies in the water supply sector, the water supply needs to be increased and the water supply needs to be increased, and the water supply needs to be increased. December, of fiscal, administrative and social measures, relating to the direct management of the construction or exploitation of certain public works, the legal system of the contract for the construction and exploitation of water works, as well as the amendment of Article 21 of the Water Law, which is added by a new paragraph and finally by Law 11/1999, of 21 April, of amendment of Law 7/1985, of April 2, regulation of the Bases of Local Regime, and other measures for the development

of the Local Government in the field of traffic, motor vehicle circulation, road safety and water safety, which modifies and extends respectively, Articles 17 and 25 of the Water Law, concerning the National Water Council and the composition of the Governing Board of the Basin Organizations.

On the other hand, and despite its legal status, it has not been properly understood to include in the recast text, the Royal Decree-Law 11/1995 of 28 December, laying down the rules applicable to the treatment of water urban waste. This rule is a complement to the provisions of the Water Act in relation to discharges, but it has, without doubt, other objectives and concerns other different legislative areas, as is the case with maritime waters covered by the Law of Costs. Therefore, without prejudice to its validity and application, it is understood that its inclusion in the recast text of the Water Law would cause important dysfunctions from the point of view of the legislative technique.

Consequently, a recast text of the Water Law, which is incorporated into this Royal Legislative Decree, has been drawn up, which aims, in compliance with the legal mandate, to collect the changes that have been made. detailed.

In its virtue, on the proposal of the Minister of the Environment, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of July 20, 2001,

D I S P O N G O:

Single item.

The recast text of the Water Act is approved, which is inserted below.

Single repeal provision.

All provisions of the same or lower rank that are opposed to this Royal Legislative Decree and to the recast text that it approves and, in particular, the following shall be repealed:

1. Law 29/1985, of 2 August, of Waters.

2. Law 46/1999, of 13 December, amending Law 29/1985 of 2 August of Water, except for the additional provision first.

3. The additional provision 9. (2) of Law No 42/1994 of 30 December 1994 on tax, administrative and social measures amending the second subparagraph of Article 109 (1), second subparagraph, and Article 109 of the Water Act, 1985, in the field of penalties.

4. Articles 2 and 3 of Law 9/1996 of 15 January 1996 laying down extraordinary, exceptional and urgent measures in the field of water supplies as a result of the persistence of drought, amending and expanding, respectively, Articles 63 and 109.2 of Law 29/1985.

5. Articles 158, 173 and 174 of Law 13/1996 of 30 December 1996 on tax, administrative and social measures relating to the direct management of the construction and/or operation of certain public works, to the legal system of the contract for the construction and operation of hydraulic works, as well as for the amendment of Article 21 of Law No 29/1985, to which a new paragraph is added.

6. Article 3 of Law 11/1999, of 21 April, amending Law 7/1985, of April 2, regulating the Bases of Local Regime, and other measures for the development of the Local Government in the field of traffic, motor vehicle circulation, Road safety and water safety, amending and extending, respectively, Articles 17 and 25 of Law No 29/1985 of Water.

Single end disposition.

This Royal Legislative Decree and the recast text it approves will enter into force on the day following its publication in the "Official State Gazette".

Given in Palma de Mallorca to July 20, 2001.

JOHN CARLOS R.

The Minister of the Environment,

JAIME MATAS I PALOU

WATER BILL RECAST

PRELIMINARY TITLE

Article 1. Object of the Law.

1. It is the purpose of this law to regulate the public domain of water, the use of water and the exercise of the powers conferred on the State in matters relating to that domain within the framework of the powers laid down in Article 149 of the Treaty. the Constitution.

2. Surface fresh water, as well as renewable underground waters, all of them in the hydrological cycle, constitute a unitary resource, subordinated to the general interest, which forms part of the state public domain as a public domain. hydraulic.

3. It is up to the State, in any case, and in the terms set out in this Law, the hydrological planning to be submitted to all actions on the hydraulic public domain.

4. The mineral and thermal waters shall be regulated by their specific legislation.

TITLE I

From State Hydraulic Public Domain

CHAPTER I

Of the goods that integrate it

Article 2. Definition of hydraulic public domain.

Constitute the State's public hydraulic domain, with the exceptions expressly established in this Law:

(a) Continental waters, both superficial and renewable, regardless of the time of renewal.

b) The flows of natural, continuous, or discontinuous currents.

c) Lake beds and lagoons and those of surface reservoirs in public channels.

(d) Underground aquifers, for the purposes of the acts of disposition or condition of water resources.

e) Waters from the desalination of seawater once, outside the production plant, are incorporated into any of the elements mentioned in the preceding paragraphs.

Article 3. Modification of the atmospheric phase.

The atmospheric phase of the hydrological cycle may only be artificially modified by the State Administration or by those whom it authorizes.

CHAPTER II

Of the banks, banks and margins

Article 4. Definition of channel.

Alveo or natural flow of a continuous or discontinuous stream is the terrain covered by the waters in the maximum ordinary growths.

Article 5. Private domain channels.

1. The channels for which they occasionally run storm water are in private domain, as long as they pass through, from their origin, only properties of particular domain.

2. The private domain of these channels does not authorize to do in them tasks or to construct works that can make the natural course of the waters vary or alter their quality to the detriment of the public interest or third, or whose destruction by the force of Avenues can cause damage to people or things.

Article 6. Definition of riverbanks.

1. The side strips of the public channels above the low water level are defined by riverbanks, and by margins the land that borders the channels.

Margins are subject, in all its longitudinal extension:

(a) To a five-meter-wide area of servitude, for public use that will be regulated regulatively.

(b) A 100-meter-wide police zone that will condition the use of the soil and the activities that are developed.

2. In areas near the mouth of the sea, in the immediate vicinity of reservoirs, or where the topographical or hydrographic conditions of the channels and margins make it necessary for the safety of persons and goods, the the width of both zones in the form that is regulated.

Article 7. Protection jobs on the margins.

In the case of urgent need, temporary protection work may be necessary at the margins of the channels. They shall be responsible for any damages arising from such works by the owners who have built them.

Article. 8. Modifications of the channels.

The legal situations arising from the natural modifications of the channels will be governed by the provisions of the civil legislation. As regards the amendments which originate from the works legally authorised, it shall be as laid down in the relevant concession or authorisation.

CHAPTER III

Of lakes, lagoons, reservoirs and floodwaters

Article 9. Bed or bottom of lakes, lagoons and surface reservoirs.

1. Bed or bottom of lakes and lagoons is the land that occupies their waters in times when they reach their highest standard.

2. Bed or bottom of a surface reservoir is the terrain covered by the waters when they reach their highest level as a result of the maximum ordinary floods of the rivers that feed it.

Article 10. Charcas located on private property grounds.

Charcas located on privately owned premises shall be considered as an integral part of them provided that they are intended for the exclusive service of such premises and without prejudice to the application of environmental legislation corresponding.

Article 11. The flood zones.

1. Land which may be flooded during non-ordinary growing of lakes, lagoons, reservoirs, rivers or streams shall retain the legal status and the Sunday ownership they have.

2. The catchment bodies shall provide the competent authorities with responsibility for the planning of the territory and urban planning of the data and studies available on avenues, in order to be taken into account in the planning of the land and, in in the authorisations of uses to be agreed in the flood zones.

3. The Government, by Royal Decree, may establish limitations on the use of the flood zones it deems necessary to ensure the safety of persons and property. The Governing Councils of the Autonomous Communities may also lay down additional rules for such regulation.

CHAPTER IV

Of the underground aquifers

Article 12. The public domain of aquifers.

The public domain of the aquifers or geological formations through which the groundwater is circulating, is without prejudice to the fact that the owner of the plant can carry out any work that does not have the purpose of the extraction or use of water, neither disturb its regime nor impair its quality, with the exception provided for in Article 54 (2).

CHAPTER V

Of the waters coming from desalination

Article 13. From desalination, concept, and requirements.

1. Any natural or legal person may carry out the activity of desalination of sea water, prior to the corresponding administrative authorizations in respect of discharges from the sea, subject to the conditions of incorporation into the public domain. hydraulic and quality requirements, according to the uses to which water is intended.

2. The provisions of this Article shall be without prejudice to the authorisations and other demanial concessions which are necessary in accordance with Law 22/1988 of 28 July of the coast of the European Union and the others which come under the sectoral legislation applicable if the desalination activity is associated with other regulated industrial activities as well as those derived from the intervention and use of the soil.

Those authorizations and concessions to be granted by two or more public bodies or bodies

of the General Administration of the State, shall be processed in a single file, in the form that it is regulated.

3. The desalination of inland waters shall be subject to the arrangements provided for in this Law for the exploitation of the public hydraulic domain.

TITLE II

From Public Water Administration

CHAPTER I

General principles

Article 14. Guiding principles for water management.

The exercise of the functions of the State in the field of water shall be subject to the following principles:

1. Unit of management, comprehensive treatment, water economy, deconcentration, decentralization, coordination, effectiveness and user participation.

2. ° Respect to the unit of the water basin, the hydraulic systems and the hydrological cycle.

3. The compatibility of public water management with spatial planning, conservation and protection of the environment and the restoration of nature.

Article 15. Right to information.

1. All natural or legal persons have the right to access information in the field of water under the terms laid down in Law 38/1995 of 12 December on the right to information in the field of the environment and, in particular, to the information on discharges and water quality.

2. The members of the governing bodies and the management of the catchment bodies have the right to obtain all the information available in the respective body in the matters of the competence of the bodies of which they are a party.

Article 16. Definition of watershed.

For the purposes of this Law, the water catchment area in which the waters flow into the sea through a network of secondary channels that converge in a single main channel is defined by watershed. The water catchment area, as the resource management unit, is considered to be indivisible.

Article 17. State functions in relation to the hydraulic public domain.

In relation to the public hydraulic domain and within the framework of the powers conferred upon it by the Constitution, the State shall exercise, in particular, the following functions:

(a) The hydrological planning and implementation of the state plans for hydraulic infrastructure or any other state that is part of those plans.

b) The adoption of the precise measures for the implementation of international agreements and conventions in the field of water.

c) The granting of concessions concerning the hydraulic public domain in river basins that exceed the territorial scope of a single Autonomous Community.

d) The granting of authorizations concerning the public hydraulic domain, as well as the protection of this, in the river basins that exceed the territorial scope of a single Autonomous Community. The processing of these may, however, be entrusted to the Autonomous Communities.

Article 18. Basic legal regime applicable to the Autonomous Communities.

1. The Autonomous Community which, by virtue of its Statute of Autonomy, exercises competence over the hydraulic public domain in watersheds within its territory, shall adjust the legal system of its administration. hydraulics to the following bases:

a) Application of the principles set out in Article 14 of this Law.

(b) The representation of the users in the collective organs of the Hydraulic Administration shall not be less than one third of the members who integrate them.

2. Acts and agreements that infringe on the State's hydraulic legislation or do not conform to the hydrological planning and affect its competence in hydraulic matters may be challenged before the judicial-administrative jurisdiction.

CHAPTER II

From The National Water Council

Article 19. The National Water Council.

The National Water Council, in which, together with the State Administration and those of the Autonomous Communities, the local authorities will be represented through the The association of the state with the highest implementation, the basin organizations, as well as the most representative professional and economic organizations, at national level, related to the different uses of water. Its composition and organic structure will be determined by Royal Decree.

Article 20. Subjects submitted to a mandatory report of the National Water Council.

1. The National Water Council will report preceptively:

(a) The National Hydrological Plan project, prior to its approval by the Government for its referral to the Courts.

b) Basin hydrological plans, prior to their approval by the Government.

c) Projects of general application provisions throughout the national territory regarding the management of the hydraulic public domain.

(d) plans and projects of general interest for agricultural, urban, industrial and energy use or for land use planning as long as they substantially affect the hydrological planning or uses of the water.

e) Issues common to two or more watershed bodies in relation to the use of water resources and other assets in the public hydraulic domain.

2. It shall also issue a report on all matters relating to the public hydraulic domain which may be consulted by the Government or the higher executive bodies of the Autonomous Communities.

The Council may propose to the public administrations and agencies the lines of study and research for the development of technical innovations in terms of obtaining, employment, conservation, recovery, comprehensive treatment and water economy.

CHAPTER III

Of the basin organisms

SECTION 1. CONFIGURATION AND FUNCTIONS

Article 21. The basin agencies.

In river basins that exceed the territorial scope of an Autonomous Community, basin organizations will be formed with the functions and tasks that are regulated in this Law.

Article 22. Nature and legal status of the basin bodies.

1. The basin organizations, with the name of the Hydrographic Confederations, are autonomous bodies as provided for in Article 43.1. of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, For administrative purposes, the Ministry of the Environment.

2. The basin organizations shall have the autonomy to govern and administer in themselves the interests entrusted to them; to acquire and dispose of the goods and rights that may constitute their own patrimony; to hire and bond and to exercise, before the Courts, all gender of actions, without more limitations than those imposed by the Laws. Their acts and resolutions put an end to the administrative path.

3. Its territorial scope, which shall be defined as regulatively, shall comprise one or more undivided river basins, with the sole limitation arising from international borders.

4. The catchment bodies are governed by Law 6/1997 of 14 April and other implementing provisions to the autonomous bodies of the General Administration of the State, as well as by this Law and by the Regulations for its development and execution.

Article 23. Functions.

1. They are functions of the basin agencies:

a) The elaboration of the river basin management plan, as well as its monitoring and review.

b) Administration and control of the hydraulic public domain.

(c) The administration and control of benefits of general interest or affecting more than one Autonomous Community.

(d) The project, the construction and exploitation of the works carried out from the agency's own funds, and those entrusted to them by the State.

e) Those arising out of the agreements with Autonomous Communities, Local Corporations and other public or private entities, or those subscribed to by individuals.

2. For the purpose of fulfilling the tasks referred to in paragraphs (d) and (e) of the preceding paragraph, the catchment bodies may:

(a) Acquire by subscription or purchase, dispose of and, in general, carry out any acts of administration in respect of securities representative of capital of state companies which are constituted for the construction, exploitation or (a) the execution of hydraulic works, or of commercial enterprises which have as their social object the management of contracts for the construction and operation of hydraulic works, subject to the authorization of the Ministry of Finance.

b) Subscribe to collaboration agreements or participate in groups of companies and temporary unions of companies that have as their object any of the aforementioned purposes.

c) Grant loans and, in general, grant credit to any of the entities listed in paragraphs (a) and (b).

Article 24. Other attributions.

The basin organizations will have, for the performance of their functions, in addition to those expressly provided for in other articles of this Law, the following attributions and tasks:

(a) The granting of authorizations and concessions concerning the public hydraulic domain, except those relating to works and actions of general interest of the State, which shall correspond to the Ministry of the Environment.

b) Inspection and monitoring of compliance with the conditions of concessions and authorizations relating to the public hydraulic domain.

c) The performance of afora, hydrology studies, information on growing and control of water quality.

d) The study, project, execution, conservation, exploitation and improvement of the works included in their own plans, as well as those others that could be entrusted to them.

e) The definition of quality objectives and programs according to the hydrological planning.

f) The realization, in the field of their competencies, of plans, programs and actions that aim for an adequate management of the demands, in order to promote the saving and the economic and environmental efficiency of the different uses of water through the overall and integrated use of surface and groundwater, in accordance with the provisions of the relevant sectoral planning.

g) The provision of all kinds of technical services related to the fulfillment of their specific purposes and, when requested, the advice to the General Administration of the State, Autonomous Communities, Local corporations and other public or private entities, as well as individuals.

In determining the structure of the basin organisms, the separation criterion shall be taken into account between the functions of the management of the hydraulic public domain and the others.

Article 25. Collaboration with the Autonomous Communities.

1. The catchment bodies and the Autonomous Communities may establish mutual cooperation in the exercise of their respective powers, in particular through the incorporation of those bodies to the Governing Board of these bodies, as determined in this Law.

2. The catchment bodies may conclude agreements with the Autonomous Communities, the Local Authorities and the Communities of users for the exercise of their respective powers, in accordance with the provisions of the in effect.

3. The files to be processed by the catchment bodies in the exercise of their substantive powers on the use and use of the public hydraulic domain shall be submitted to the Autonomous Communities for a preliminary report, within the time limit and assumptions to be determined, which they deem appropriate in matters of their competence.

The authorizations and concessions submitted to such a prior report procedure shall not be subject to any other intervention or administrative authorization with respect to the right to use the resource, except as provided by a law without prejudice to the authorisations or licences required by other public authorities in relation to the activity in question or in the field of intervention or land use. The same reporting procedure shall be subject to the plans, programmes and actions referred to in Article 24 (f).

4. The Hydrographic Confederations shall issue a preliminary report, within the time limit and assumptions to be determined, on the acts and plans which the Autonomous Communities have to approve in the exercise of their powers, inter alia, in the field of environment, spatial planning and urban planning, natural spaces, fishing, mountains, irrigation and public works of regional interest, provided that such acts and plans affect the regime and use of inland waters or uses permitted on land of public hydraulic domain and in its servitude and police areas, taking into account these effects as foreseen in the hydraulic planning and in the sectoral schedules approved by the Government.

The report shall be deemed to be favourable if it is not issued within the period indicated. The same rule shall also apply to acts and ordinances approved by local authorities in the field of their competence.

The report provided for in the preceding paragraph shall not be required in the case of acts dictated by means of planning instruments that have been the subject of the corresponding report by the Hydrographic Confederation.

SECTION 2 GOVERNING BODIES AND ADMINISTRATION

Article 26. Governing bodies of the catchment bodies.

1. The governing bodies of the basin organizations are the Governing Board and the President.

2. They are management bodies, under the participation regime, for the development of the functions specifically attributed to them by this Law, the Assembly of Users, the Commission of the Disreservoir, the Boards of Exploitation and the Boards of Works.

3. The Water Council of the basin is an organ of planning.

Article 27. Composition of the Governing Board.

The composition of the Governing Board of the basin body will be determined by regulatory means, addressed to the peculiarities of the different water basins and the various water uses, according to the following: rules and guidelines:

(a) The Chair of the Board shall be the Chair of the basin body.

b) The General Administration of the State will have a representation of at least five Vocals, one from each of the Ministries of the Environment, Agriculture, Fisheries and Food; from Science and Technology; from Health and Consumption and Economy, and a representative of the Tax Administration of the State, in the event that the management and collection in the basin of the levies provided for in this Law are entrusted to it.

c) Corresponding to the representation of users, at least one third of the total of Vocals and, in any case, a minimum of three, integrating such representation in relation to their respective interests in the use of water.

(d) The Autonomous Communities which have decided to join the basin body, in accordance with the provisions of Article 25, shall be represented on its Governing Board, at least by a Vocal. The total number of representatives and their distribution shall be established, in each case, on the basis of the number of Autonomous Communities members of the river basin and the area and population of the region.

e) The provinces will be represented according to the percentage of their territory affected by the watershed.

Article 28. Powers of the Governing Board.

Corresponds to the Governing Board:

a) Approve the action plans of the body, the budget proposal and know the settlement of the same.

(b) To agree, where appropriate, on the credit operations required for specific purposes relating to their management, and to finance the actions included in the action plans, with the limits to which they are regulated. determine.

(c) Adopt the agreements that correspond to the exercise of the functions set out in Article 23 of this Law, as well as those relating to the acts of disposition on the heritage of the basin organizations.

d) Prepare the issues to be submitted to the Water Council of the basin.

e) Approve, after report of the Water Council of the Basin, the modifications on the width of the areas of servitude and police provided for in Article 6 of this Law.

(f) Declaring over-exploited aquifers, or at risk of being, to determine the perimeters for the protection of underground aquifers, as referred to in Article 56 of this Law, to approve measures of a general nature referred to in Article 55 and shall be heard in the proceedings for the hearing of the basin body referred to in Article 58. It is also for the adoption of measures for the protection of groundwater against the intrusion of salt water referred to in Article 99 of this Law.

g) Adopt decisions on user communities referred to in Articles 81.4 and 82.4.

h) Promote initiatives on wetlands referred to in Article 111 (5) and (6).

i) Inform, at the initiative of the President, the proposals for penalties for serious or very serious infringements where the facts in question are of particular importance for the proper management of the resource in the area of the basin hydrographic.

j) Approve, as appropriate, general criteria for the determination of damages caused to the hydraulic public domain, in accordance with Article 118 of this Law.

k) To propose to the Water Council of the basin the revision of the corresponding hydrological plan.

l) And, in general, to deliberate on those matters that are subject to their consideration by their President or any of their members.

Article 29. Appointment of the Chairs of Basin Bodies.

The presidents of the basin organizations will be appointed and terminated by the Council of Ministers on the proposal of the Minister of the Environment. The appointments shall be in accordance with the provisions of Article 18.2 of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State.

Article 30. Duties of the President of the Agency.

1. Corresponds to the Chair of the basin body:

a) Ostend the legal representation of the body.

b) Chair the Governing Board, the Users ' Assembly, the Dereservoir Commission and the Water Council.

c) To take care that the agreements of the collegiate bodies are in accordance with the law in force.

d) Play the highest executive and executive function of the body.

e) In general, the exercise of any other function that is not expressly attributed to another organ.

2. Acts and agreements of the collective bodies of the basin body which may constitute an infringement of Laws or do not conform to the hydrological planning may be challenged by the President in the context of the administrative-administrative jurisdiction.

The challenge will result in the suspension of the act or agreement, but the Tribunal must ratify or raise it within a period of not more than thirty days. The procedure shall be the procedure laid down in Article 127 of the Law on Administrative-Administrative Jurisdiction.

Article 31. The User Assembly.

The User Assembly, composed of all those users who are part of the Boards of Exploitation, aims to coordinate the exploitation of water works and water resources in the entire basin, without impairment of the concessional regime and users ' rights.

Article 32. The Boards of Exploitation.

The Boards of Exploitation are intended to coordinate, respecting the rights deriving from the corresponding concessions and authorizations, the exploitation of water works and water resources of that set of rivers, river, river section or hydrogeological unit whose use is particularly interrelated. The proposals put forward by the Boards of Exploitation in the field of their powers shall, for the purposes referred to in Article 30.1, be transferred to the Chair of the basin body.

The constitution of the Boards of Exploitation, in which the users will participate mainly in relation to their respective interests in the use of water and the service provided to the community, will be determined regulentarily.

The constitution of Joint Exploitation of Surface and Ground Water Boards shall be promoted in all cases where the use of nails and other waters is clearly interlinked.

Article 33. The Commission on the Disreservoir.

It is up to the Commission to deliberate and make proposals to the President of the agency on the proper system of filling and emptying of the reservoirs and aquifers of the basin, attended to the concessional rights of the different users. Its composition and operation shall be regulated in accordance with the criterion of appropriate representation of the interests concerned.

Article 34. The Works Boards.

The Governing Board, at the request of future users of a work that has already been approved, may constitute the corresponding Board of Works, in which such users will participate, in the form that is regulated, in order to are directly informed of the development and incidents of such work.

Article 35. Water Council of the basin.

1. It is up to the Water Council to raise the government through the Ministry of the Environment, the river basin management plan and its subsequent revisions.

You will also be able to report issues of general interest to the basin and those relating to the best management, exploitation and protection of the public hydraulic domain.

2. The Autonomous Communities, whose territory forms part or all of a river basin, shall be incorporated in the terms provided for in this Law to the corresponding Water Council to participate in the preparation of the planning hydrologic and other functions of the same.

Article 36. Composition.

The composition of the Water Council of the basin bodies will be established, by regulatory means, in each case, according to the following rules and guidelines:

a) Each ministerial department related to the use of water resources shall be represented by a number of Vocals not exceeding three.

b) The representation of users shall not be less than one third of the total of Vocals and shall be composed of representatives of the different sectors in relation to their respective interests in the use of water.

(c) The technical services of the body shall be represented by a maximum of three Vocals.

d) The representation of the Autonomous Communities participating in the Council, in accordance with Article 35, shall be determined and distributed on the basis of the number of Autonomous Communities of the basin and of the area and the population of the same persons included in it, each of the participating Autonomous Communities being represented, at least by a Vocal.

The representation of the Autonomous Communities shall not be less than that corresponding to the various ministerial departments referred to in paragraph (a).

(e) Local entities whose territory is wholly or partly in accordance with that of the catchment area shall be represented on the basis of the extent or percentage of that territory affected by the river basin.

SECTION 3. FINANCE AND HERITAGE

Article. 37. Attachment of goods to the basin agencies.

The assets of the State and those of the Autonomous Communities, which are attached to or which may be assigned to the basin organizations for the purpose of fulfilling their objectives, shall retain their original legal status, corresponding to the its use, administration and operation, subject to the legal provisions in force in this field.

Article 38. Own heritage.

With the independence of such goods and for the best performance of their purposes, the basin organizations may possess their own patrimony integrated by:

(a) The assets and rights that appear in the assets of the current Hydrographic Confederations.

b) Those who may in the future acquire with funds from their budget.

(c) Those who, by any legal title, may receive from the State, the Autonomous Communities, public or private entities, or individuals.

Article 39. Revenue of the body

They will have the income consideration of the basin agency as follows:

(a) The products and income of their assets and those of the exploitation of the works when entrusted to them by the State, the Autonomous Communities, the Local Corporations and the individuals.

b) The remuneration for the study and writing of projects, management and execution of the works entrusted to them by the State, the Autonomous Communities, the Local Corporations, as well as those from the provision of Optional and technical services.

c) State budget allocations, Autonomous Communities and Local Corporations.

(d) Those arising from the collection of fees, levies and prices authorised to the body.

e) Reintegration of advances granted by the State for the construction of hydraulic works carried out by the agency itself.

f) The product of the possible contributions agreed by the users, for specific works or actions, as well as any other authorized perception by legal disposition.

TITLE III

From the hydrological schedule

Article 40. Objectives of the hydrological planning.

1. The hydrological planning will have for general objectives to achieve the good ecological state of the hydraulic public domain and the satisfaction of the demands of water, the balance and harmonization of the regional and sectorial development, increasing the availability of the resource, protecting its quality, saving its use and rationalizing its uses in harmony with the environment and other natural resources.

2. The planning will be carried out through the river basin management plans and the National Hydrological Plan.

The territorial scope of each hydrological plan will be determined regulatively.

3. The hydrological plans shall be public and binding, without prejudice to their periodic update and justified review, and shall not in themselves create rights in favour of individuals or entities, and therefore their amendment shall not give rise to compensation, without prejudice to the provisions of Article 65.

4. The hydrological plans shall be drawn up in coordination with the various sectoral schedules affecting them, both in terms of water uses and land use, and in particular with regard to the planning of irrigation and other uses. farm.

5. The Government shall approve the river basin management plans in the terms it considers to be based on the general interest, without prejudice to the following paragraph.

6. River basin management plans which have been drawn up or revised pursuant to Article 18 shall be approved if they comply with the requirements of Articles 40.1 and 42, do not affect the resources of other basins and, where appropriate, are accommodated in the determinations of the National Hydrological Plan.

Article 41. Preparation of river basin management plans.

1. The drawing up and proposal of subsequent revisions of the river basin management plans shall be carried out by the relevant basin body or by the competent hydraulic administration in the basins covered in full. territorial of the Autonomous Community.

2. The procedure for drawing up and reviewing the river basin management plans will be regulated by regulatory means, in which the participation of the ministerial departments concerned will necessarily be foreseen, the deadlines for submission of the proposed by the relevant bodies and the subsidiary action of the government in the event of a lack of proposal.

Article 42. Content of the river basin management plans.

Basin hydrological plans will necessarily comprise:

a) The inventory of water resources.

b) Existing and predictable uses and demands.

c) The criteria of priority and compatibility of uses, as well as the order of preference between different uses and uses.

d) The allocation and reserve of resources for current and future uses and demands, as well as for the conservation or recovery of the natural environment.

e) The basic characteristics of water quality and the management of waste water discharges.

f) Basic standards for irrigation improvements and transformations that ensure the best use of the set of water resources and available land.

g) Protection perimeters and measures for the conservation and recovery of the affected resource and environment.

h) The water-forestry and soil conservation plans to be carried out by the Administration.

i) Guidelines for the recharge and protection of aquifers.

j) The basic infrastructures required by the plan.

k) The criteria for evaluating energy use and setting the conditions required for its implementation.

(l) The criteria for studies, actions and works to prevent and prevent damage due to floods, floods and other hydraulic phenomena.

Article 43. Forecasts of river basin management plans.

1. In the river basin management plans, reserves, water and land may be established, necessary for the actions and works envisaged.

2. Certain areas, basins or sections of basins, aquifers or bodies of water may be declared as special protection due to their natural characteristics or ecological interest, in accordance with environmental and nature protection legislation. The logical water plans shall collect the classification of these zones and the specific conditions for their protection.

3. The forecasts of the hydrological plans referred to in the preceding paragraphs shall be respected in the different urban planning instruments of the territory.

Article. 44. Public Utility Statement.

1. The Government may make the declaration of public utility of the works, studies and research required for the elaboration and review of the hydrological plans carried out by the services of the Ministry of the Environment, Geological and Mining Institute of Spain or any other body of the Public Administrations.

2. The approval of the river basin management plans shall involve the declaration of public utility of the research, studies, projects and works provided for in the plan.

Article 45. Content of the National Hydrological Plan.

1. The National Hydrological Plan shall be approved by Law and shall contain, in any case:

(a) The necessary measures for the coordination of the different river basin management plans.

b) The solution for possible alternatives that those offer.

c) The forecast and conditions for transfers of water resources between territorial areas of different river basin management plans.

(d) Changes to be made in the planning of the use of the resource and affecting existing uses for population supply or irrigation.

2. It will be up to the Ministry of the Environment to draw up the National Hydrological Plan, together with the ministerial departments related to the use of water resources.

3. The approval of the National Hydrological Plan will involve the adaptation of the hydrological plans of the basin to the forecasts of that.

Article 46. Hydraulic works of general interest.

1. They shall have the consideration of hydraulic works of general interest and shall be of competence of the General Administration of the State, in the area of the basins referred to in Article 21 of this Law:

(a) The works that are necessary for the regulation and conduct of the water resource, in order to guarantee the availability and use of water throughout the basin.

(b) The works necessary for the control, defence and protection of the public hydraulic domain, without prejudice to the powers of the Autonomous Communities, in particular those which are intended to deal with phenomena catastrophic events such as floods, droughts and other exceptional situations, as well as the prevention of avenues linked to works of regulation affecting the use, protection and integrity of the goods in the hydraulic public domain.

(c) Hydrological-forest correction works whose territorial scope affects more than one Autonomous Community.

(d) The works of supply, potabilisation and desalination whose performance affects more than one Autonomous Community.

2. All other hydraulic works will be declared of general interest by Law.

3. By way of derogation from the above paragraph, hydraulic works of general interest may be declared by Royal Decree:

(a) The hydraulic works referred to in paragraph 1 in which the circumstances in which they are not met are not met, at the request of the Autonomous Community in whose territory they are located, where due to their size or economic cost they have a strategic relationship in the integral management of the river basin.

(b) The works necessary for the implementation of national plans, other than hydrological ones, but which are related to them, provided that the same plan attributes the responsibility of the works to the General Administration of the State, at the request of the Autonomous Community in whose territory it is located.

4. The declaration as hydraulic works of general interest for the infrastructure necessary for the transfer of resources referred to in Article 45 (1) (c) of this Law may be carried out only by the legal standard which approve or modify the National Hydrological Plan.

TITLE IV

From using the hydraulic public domain

CHAPTER I

Legal easements

Article 47. Obligations of the lower pregod.

1. The lower prediums are subject to receiving the waters that naturally and without man's work descend from the higher pregod, as well as the earth or stone that they drag in their course. Neither the owner of the lower property can do works that prevent this easement or the superior works that aggravate it.

2. If the waters were the product of delivery, left over from other uses or had been artificially altered their spontaneous quality, the owner of the lower price may object to his receipt, with the right to demand compensation for damages and damages, if the corresponding servitude does not exist.

Article 48. Legal status of the aqueduct easement.

1. The catchment bodies may impose, in accordance with the provisions of the Civil Code and the Regulation of this Law, the forced servitude of aqueduct, if the use of the resource or its evacuation requires it.

2. In accordance with the same rules, the catchment bodies may impose water and water sacs, rips of prey and stop or partidor, as well as those of passage, in the case of ensuring access or facilitating the same to area public domain of the channels, for certain uses, including sports and recreation, and, in general, how many easements are provided for in the Civil Code.

3. The case of the constitution of serfdom shall, as far as possible, reduce the charge which the same implies on the servant.

4. The variation of the circumstances that gave rise to the constitution of an easement will give rise, at the instance of part, to the corresponding file of

review, which will follow the same regulatory procedures as those provided for in the constitution.

5. The beneficiary of a forced servitude must indemnify the damage caused to the servant in accordance with the legislation in force.

Article 49. Ownership of the elements of the easement.

In all achets or aqueducts, the channel, the cashiers and the margins shall be considered as an integral part of the inheritance or building to which the waters are intended or, in the case of evacuation, from which they shall proceed.

CHAPTER II

Of common and proprietary uses

Article 50. Common uses.

1. All may, without the need for administrative authorization and in accordance with the laws and regulations, use of surface waters, while running through their natural channels, for drinking, bathing and other domestic uses, as well as to open the cattle.

2. These common uses shall be carried out in such a way as to ensure that the quality and flow of water does not change. In the case of water circulating through artificial channels, they shall also have the limitations arising from the protection of the aqueduct. In no case shall the waters be diverted from their beds or beds and the normal system of use must be respected.

3. The protection, use and exploitation of fishery resources in inland waters, as well as aquaculture and fish stocks, shall be governed by the general legislation of the environment and, where appropriate, by its specific legislation.

4. The Law does not protect the abuse of the right in the use of the waters, nor the waste or misuse thereof, whatever the title is alleged.

Article 51. Special common uses subject to authorization.

Require administrative authority prior to the following special common uses:

a) Navigation and flotation.

b) The establishment of passing boats and their jetties.

c) Any other use, not included in the previous article, that does not exclude the use of the resource by third parties.

Article 52. Ways to acquire the right to private use.

1. The right to private use, whether or not consumptive, of the public hydraulic domain is acquired by legal provision or by administrative concession.

2. The right to the private use of the public hydraulic domain cannot be acquired by prescription.

Article 53. Extinction of the right to private use.

1. The right to the proprietary use of waters, whatever the title of their acquisition, is extinguished:

a) By term of its concession.

(b) By expiry of the concession in accordance with the terms of Article 66.

c) By forced expropriation.

d) By express waiver of the concessionaire.

2. The declaration of the extinction of the right to the private use of water will require the prior hearing of the holders of the water.

3. Where the destination given to the waters granted is the irrigation or supply of the population, the holder of the concession may obtain a new one with the same use and destination for the waters, and must make the application in the preliminary hearing procedure. in the declaration of extinction file or during the last five years of the validity of that declaration.

In the event of the application, and provided that the National Hydrological Plan is not opposed, the basin body will process the file excluding the processing of competing projects.

4. When the concessional right is extinguished, the competent administration shall revert to the competent authority free of charge and free of charge as many works have been constructed within the public hydraulic domain for the exploitation of the use, without prejudice to the compliance with the conditions laid down in the concession document.

5. The rights acquired by legal provision shall be lost as set out in the rule governing them or, failing that, by regulation of the same rank.

6. The validity of the contracts for the transfer of water-use rights referred to in Article 67 shall be that established by the parties to such contracts.

In any event, the extinction of the right to the private use of the transferor will automatically imply the resolution of the contract of sale.

Article 54. Private use by legal provision.

1. The owner of an estate can take advantage of the stormwater that runs through it and the stagnating, within its borders, without more limitations than those established in this Law and those that derive from the respect to the rights of third and the prohibition of abuse of the right.

2. Under the conditions to be laid down, they may be used in a water source from springs where the total annual volume does not exceed 7,000 cubic metres. In aquifers which have been declared as overexploited or at risk of being overexploited, no new works shall be carried out under this paragraph without the corresponding authorisation.

Article 55. Powers of the basin body in relation to the use and control of the flows granted.

1. The catchment area, where required by the availability of the resource, may fix the system for the exploitation of the reservoirs established in the rivers and underground aquifers, to which the coordinated use of the reservoirs must be adapted. Existing uses. It may also fix the system for the joint exploitation of surface water and underground aquifers.

2. On a temporary basis, it may also condition or limit the use of the public hydraulic domain to ensure its rational exploitation. Where, therefore, a change in flows resulting in damage to the use of other resources is caused, the beneficial owners will have to meet the appropriate compensation, corresponding to the basin agency, in default of agreement between the parties, the determination of their value.

3. Where there are channels reserved or included in any plan of the State which are not subject to immediate use, they may be granted to a precarious person which shall not consolidate any right or give rise to compensation if the basin reduces flow rates or revokes authorizations.

4. The catchment bodies shall determine, at their territorial level, the effective control systems of the water flows used and the discharges to the public hydraulic domain to be established in order to ensure that the rights are respected. The project will enable the correct planning and management of resources and ensure the quality of water. To this end, and at the request of the basin body, the owners of the administrative waters and all those who, by any other title, have the right to their private use, shall be obliged to install and maintain the corresponding measurement systems that ensure accurate information on the water flow rates used and, where appropriate, returned.

Reglamentarily the form of computation of the effectively used flows shall be established in the case of excess flow rates of other uses.

Users ' communities may also require the establishment of similar measurement systems for community members or groups of community members.

The obligation to install and maintain measurement systems is also required for those who perform any type of discharge in the hydraulic public domain.

The measurement systems shall be installed at the point to be determined by the basin body after hearing the users. The user communities may request the installation of a single flow measurement system for the joint interlinked user advantage.

The measures provided for in this paragraph may be adopted by the competent authority of the Autonomous Community, in coordination with the basin body, where it has been entrusted.

Article 56. Over-exploited aquifers.

1. The competent basin body, heard by the Water Council, may declare that the underground water resources of an area are overexploited or at risk of being. In these areas, the basin body, on its own initiative or on a proposal from the user community or body replacing it, in accordance with Article 87 (2), shall, within the maximum period of two years from the declaration, approve a plan of management for the recovery of the aquifer or hydrogeological unit. Until the approval of the plan, the basin body may establish the extraction limitations that are necessary as a preventive and precautionary measure.

The plan will order the extraction regime to achieve a rational exploitation of the resources and will be able to establish the replacement of the individual pre-existing captions by community fetches, transforming themselves into their case, individual titles with their inherent rights, in a collective that must conform to the provisions of the management plan.

2. It may also determine perimeters within which the granting of new ground water concessions will not be possible unless the incumbent holders are constituted in user communities, in accordance with the provisions of the in Chapter IV of Title IV of this Law.

3. In order to protect groundwater against the risks of contamination, the basin organism may also determine the protection of the water or hydrogeological unit in which the approval of the basin body is necessary. for the performance of infrastructure works, the extraction of aggregates or other activities and installations that may affect it.

4. The procedure for the declaration of overfished aquifer and the determination of the perimeters referred to in the preceding paragraphs shall be established.

Article 57. Mining exploitation.

1. The owners of the mining operations provided for in the mining legislation will be able to use the waters they catch on the basis of the farms, dedicating them to exclusively mining purposes. For these purposes, they must apply for the corresponding concession, dealt with in accordance with the provisions of this Law.

2. If there are surplus waters, the holder of the mining exploitation shall make them available to the basin body, which shall determine the destination of the same or the conditions under which the drain is to be carried out, in particular in order to ensure its quality.

3. When the waters caught in mining work affect other concessions, the provisions of this Law will be in place.

Article 58. Exceptional situations.

In circumstances of extraordinary droughts, of severe overexploitation of aquifers, or in similar states of need, urgency or concurrency of anomalous or exceptional situations, the Government, by means of a decree agreed in Council of Ministers, heard by the basin body, may adopt, in order to overcome these situations, the measures that are necessary in relation to the use of the hydraulic public domain, even if it has been granted.

The approval of such measures will imply the declaration of public utility of the works, surveys and studies necessary to develop them, for the purpose of temporary occupation and forced expropriation of goods and rights, as well as as the urgent need for the occupation.

CHAPTER III

Of the authorizations and concessions

SECTION 1. GRANTING OF WATERS IN GENERAL

Article 59. Administrative concession.

1. Any private use of waters not included in Article 54 requires administrative concession.

2. Concessions shall be granted taking into account the joint rational exploitation of surface and underground resources, without the granting of the concession granted by the concession holder.

3. If, in order to carry out the work of a new concession, it is necessary to modify the taking or collection of other pre-existing or other pre-existing works, the basin body may impose, or propose, the modification, the costs and losses being incurred. cause the requester to be in charge.

4. Any concession shall be granted in accordance with the provisions of the Hydrological Plans, on a temporary basis and a period of not more than seventy-five years. Their granting will be discretionary, but any resolution will be motivated and adopted according to the public interest. Concessions shall be subject to review in accordance with Article 65 of this Law.

5. By way of derogation from paragraph 1, the bodies of the Central Administration or the Autonomous Communities may access the use of

waters prior to special authorisation extended to their favour or to the State's heritage, without prejudice to third parties.

6. Where, for the normal use of a concession, it is absolutely necessary to carry out certain works, the cost of which cannot be amortised within the period of time until the end of the concession period, the latter may to be extended for the necessary time so that the works can be amortized, with a maximum limit of ten years and for one time, provided that such works do not object to the corresponding Hydrological Plan and are credited by the concessionaire which would be irrogate otherwise.

7. Ecological flows or environmental claims shall not be used for the purposes of this Article and shall be regarded as a restriction which is generally imposed on operating systems. In any event, the rule on the supremacy of use for the supply of stocks in the final paragraph of Article 60 (3) shall also apply to environmental flows.

The ecological flows will be fixed in the Basin Hydrological Plans. For their establishment, the catchment bodies shall carry out specific studies for each section of the river.

8. The granting of a concession does not exempt the concessionaire from obtaining any other type of authorization or license that under other laws is required for its activity or facilities.

Article 60. Order of preference for uses.

1. The concessions shall be observed for the purposes of granting the order of preference to be established in the Water Plan of the corresponding basin, taking into account the requirements for the protection and conservation of the resource and its environment.

2. Any concession is subject to compulsory expropriation, in accordance with the provisions of the general legislation on the matter, in favor of another use that precedes it according to the order of preference established in the Water Basin Plan.

3. In the absence of such a preference order, the following general rule shall apply:

1. Population supply, including in its endowment the necessary for industries of low water consumption located in the population centers and connected to the municipal network.

2. Regadios and agricultural uses.

3. Industrial uses for the production of electrical energy.

4. Other industrial uses not included in the above sections.

5. Aquaculture.

6. Recreational Uses.

7. Navigation and water transport.

8. Other Other Advantage.

The order of priorities that could be established specifically in the basin Hydrological Plans, must respect in any case the supremacy of the use recorded in paragraph 1. of the preceding enumeration.

4. Within each class, in the event of incompatibility of uses, those of greater public or general utility, or those that introduce technical improvements that result in less water consumption or in the maintenance or improvement of their quality.

Article 61. General conditions of the concessions.

1. Any concession shall be deemed to be without prejudice to the third party.

2. The water to be granted shall be attached to the uses indicated in the concessional title, without it being applicable to different uses, or to different land if it is a question of risks, with the exception of the provisions of Article 67.

3. However, the granting authority may impose the replacement of all or part of the concessional flows by other sources of different origin, in order to rationalize the use of the resource.

The Administration will only respond to the expenses inherent in the replacement work, and may pass on these expenses to the beneficiaries.

4. Where the destination of the waters is irrigation, the holder of the concession must also be the land to which the water is intended, without prejudice to the concessions granted to the communities of users and to the next item.

The irrigation concession may provide for the application of the water to different alternative surfaces or in turn or provide for a maximum surface perimeter within which the concessionaire may water surfaces or other surfaces.

5. The basin body may grant collective concessions for irrigation to a plurality of land holders which are integrated by agreement into a grouping of regants, in accordance with the provisions of Article 81 (5). In this case, the granting of the new concessional title will imply the expiration of the pre-existing irrigation concessions from which the members of the regant group are holders on the areas covered by the agreement.

Article 62. Concessions for irrigation on a public service basis.

1. Water concessions may be granted for irrigation, under public service, to undertakings or individuals, even if they do not hold the ownership of the land eventually beneficiaries of the irrigation, provided that the petitioner has previously established that it has the conformity of the holders who have gathered half of the area of the land.

2. In this case, the grantor administration will approve the maximum and minimum values of the irrigation fees, which will have to incorporate the depreciation fees of the works.

3. The holder of a concession for irrigation on a public service basis shall not be entitled to benefit from the provisions of Article 55.3, corresponding to the holders of the area governed by the right to appeal for a new concession, in the terms of that concession. paragraph.

4. Works and installations which have not been reversed by the competent authority shall, where appropriate, be subject to the ownership of the new concessionaire.

Article 63. Transfer of leverage.

The full or partial transmission of water-use involving a public service or the setting up of charges on water use shall require prior administrative authorisation.

In other cases, it will only be necessary to prove in a reliable manner, within the period and form that it is regulated, the transfer or the constitution of the lien.

Article 64. Modification of the concession characteristics.

Any modification of the characteristics of a concession shall require prior administrative authorisation from the same granting body.

Article 65. Review of the concessions.

1. Concessions may be reviewed:

a) When the assumptions of their granting have been modified in a proven manner.

b) In cases of force majeure, at the request of the concessionaire.

c) When required by their adequacy to the Hydrological Plans.

2. In addition, concessions for the supply of stocks and irrigation may be reviewed in the cases where it is established that the subject of the concession may be met with a smaller allocation or an improvement in the use of the resource, which contributes to a saving of the resource.

For these purposes, the Hydrographic Confederations will carry out audits and controls of the concessions, in order to verify the efficiency of the management and use of the water resources object of the concession.

3. In the case referred to in paragraph 1 (c) only, the injured concession holder shall be entitled to compensation in accordance with the provisions of the general legislation on compulsory expropriation.

4. The modification of the concessional conditions in the cases referred to in paragraph 2 shall not give the concession holder any economic compensation.

Without prejudice to this, it will be possible to regulate aid to dealers in order to adjust their facilities to new concessional conditions.

Article 66. Expiration of the concessions.

1. Concessions may be declared expired for failure to comply with any of the essential conditions or time limits laid down therein.

2. Likewise, the right to the private use of waters, whatever the title of their acquisition, may be declared to be expired by the permanent interruption of the holding for three consecutive years provided that the holding is imputable to the holder.

SECTION 2. ASSIGNMENT OF RIGHTS TO THE PROPRIETARY USE OF WATERS

Article 67. Of the contract of transfer of rights.

1. Dealers or holders of any right to the private use of the waters may give in a temporary way to another concessionaire or holder of the same or greater rank according to the order of preference established in the Hydrological Plan of the the relevant basin or, failing that, in Article 60 of this Law, subject to administrative authorisation, all or part of the rights of use that correspond to them.

Licensees or holders of non-consenting private use rights may not give up their rights for uses that do not have such consideration.

2. Where reasons of general interest justify this, the Minister for the Environment may, on an exceptional basis, authorise the cessation of water-use rights which do not comply with the rules on the prelations of uses referred to in paragraph 1 of this Article. Article.

3. The acquirers of the assignment rights shall be subrogated to the obligations corresponding to the transferor to the Water Use Basin Agency.

4. Failure to comply with the requirements set out in this section will be cause to agree to the expiration of the transferor's concessional right.

Article 68. Formalisation, authorisation and registration of the transfer contract.

1. The transfer contracts shall be formalised in writing and brought to the attention of the Basin Agency and the communities of users to which the transferor and the transferee belong by moving the copy of the contract within the period of 15 days from his signature. In the case of transfers between users of water for irrigation, the express identification of the premises must be stated in the contract, which the transferor renounces or undertakes to water with less endowment during the term of the contract, as well as the the prediums that the acquirer will govern with the ceded flow.

2. They shall be deemed to have been authorised, without having until then produced any effect between the parties, within one month of the notification made to the Basin Agency, if this does not form an opposition in the case of transfers between members of the the same user community, and within two months in the rest of the cases. Where the transfer of rights relates to a concession for irrigation and agricultural uses, the Basin Agency shall transfer the copy of the contract to the corresponding Autonomous Community and to the Ministry of Agriculture, Fisheries and Food, so that issue prior report in the field of their respective competences within ten days.

3. The catchment area may not authorise the transfer of rights of water use, by means of a reasoned decision, given and notified within the prescribed period, if it adversely affects the system of exploitation of the resources in the basin, third-party rights, environmental flows, the state or conservation of aquatic ecosystems or if it fails to comply with some of the requirements set out in this Section, without the right to any compensation by the affected. It may also exercise in that period a right of preferential acquisition of the use of the flows to yield, rescuing the flows of all private use.

4. The catchment bodies shall enter into the contracts for the transfer of rights of water use in the Register of Water referred to in Article 80 in such a way as to be determined by regulation.

Later, they may also register in the Land Registry, in the cases open to the administrative concessions concerned.

5. The powers of the Hydraulic Administration referred to in this Section shall be implemented in the intra-Community basins by the Hydraulic Administration of the corresponding Autonomous Community.

Article 69. Object of the lease contract.

1. The annual volume eligible for disposal may in no case exceed that actually used by the transferor.

Rules shall be established for the calculation of that annual volume, taking as a reference the average value of the flow actually used during the series of years to be determined, corrected, if appropriate, in accordance with the target envelope to be set by the catchment area and the good use of the water, without in any case a flow rate exceeding that granted.

2. The flows which are the subject of disposal shall be taken into account as the effective use of the concession for the purpose of avoiding the possible expiry of the concessionary title of the transferor.

3. The transfer of rights of use of water may entail an economic compensation which shall be fixed by mutual agreement between the contractors and must be made explicit in the contract. The maximum amount of such compensation may be established.

Article 70. Facilities and hydraulic infrastructure required.

1. Where the material performance of the agreed disposals requires the use of facilities or hydraulic infrastructure from which third parties are third parties, their use shall be established by free agreement between the parties.

2. In the event that the necessary hydraulic facilities or infrastructure are owned by the Basin Agency or have its operation entrusted, the contractors shall request, at the same time as they give the copy of the contract for their authorisation, the determination of the arrangements for the use of such facilities or infrastructure, and the fixing of the economic levies corresponding to the legislation in force.

3. If, for the material performance of the agreed disposals, it is necessary to construct new installations or hydraulic infrastructure, the contractors shall submit, at the same time as they request the authorization, the technical document which they define adequately such works and installations. Where the waters transferred are to be used for the supply of stocks, the health authority shall also report on the suitability of the water for such use.

4. The authorisation of the transfer contract shall not in itself imply the authorisation for the use or construction of the infrastructure referred to in this Article.

The resolution of the Basin Agency on the use or construction of infrastructure referred to in the preceding paragraph shall be independent of the decision taken on the authorisation or not of the transfer contract, and shall not be apply to the same time limits referred to in Article 68 (2

.

Article 71. Rights exchange centers.

1. In the situations governed by Articles 55, 56 and 58 of this Law, and in those situations which are determined by the same conditions as similar cases, institutions may be set up for the exchange of water-use rights by way of agreement. of the Council of Ministers, on a proposal from the Minister for the Environment. In this case, the basin organizations will be authorized to make public bids for the acquisition of rights of use of the water to subsequently give them to other users by means of the price that the Agency itself offers. The accounting and recording of the operations carried out under this precept shall be carried out separately from the other acts in which the basin bodies may be involved.

2. The Autonomous Communities may urge the basin organizations to carry out the acquisitions referred to in the previous paragraph to meet specific objectives of regional interest in the field of their competencies.

3. The acquisition and disposal of the right to use water under this Article shall comply with the principles of publicity and free competition and shall be carried out in accordance with the procedure and the selection criteria rules are determined.

Article 72. Interbasin connection infrastructures.

Only infrastructure that interconnects territories of different Basin Hydrological Plans may be used for regulated transactions in this section if the National Hydrological Plan or the individual regulatory laws of each This has been foreseen. In this case, the competition to authorize the use of these infrastructures and the contract of transfer will be the responsibility of the Ministry of the Environment, with the requests for the transfer of the contract being rejected after the deadlines foreseen without Administrative resolution has been notified.

SECTION 3 LIGHTING AND USE OF GROUNDWATER

Article 73. Preference for the granting of groundwater research authorizations.

The owners of the land affected by the requests for groundwater research will be preferred to grant the authorization within the same order of precedence as referred to in Article 60.

Article 74. Authorisations for groundwater research.

1. The Basin Agency may grant authorisations for groundwater research, in order to determine the existence of usable flows, prior to the process of competition between the concurrent research projects may be presented.

2. The period of authorization may not exceed two years and its grant shall be implied by the declaration of public utility for the purpose of the temporary occupation of the land necessary for the performance of the tasks.

3. If the investigation is favourable, the person concerned shall, within six months, formalise the grant application, which shall be processed without project competence.

Article 75. Determination of the site of site of the facilities.

Where the concessionaire is not the owner of the land in which the catchment is carried out and the use has been declared of public utility, the catchment area shall determine the site of site of the installations, in order to ensure that the damages are minima, the compensation of which shall be fixed in accordance with the legislation of compulsory expropriation.

Article 76. Condition to previous fetches.

In the absence of a Basin Hydrological Plan or a sufficient definition in the basin, the grantor administration shall consider for the granting of groundwater concessions its possible condition for legalised prior fetches, In any event, the holder of the new concession must indemnify the damages which could be caused to the pre-existing advantage, as a consequence of the conditioning of the works and installations that it is necessary to carry out in order to assure the availability of the previously exploited flows.

SECTION 4. OTHER AUTHORIZATIONS AND CONCESSIONS

Article 77. Use of the channels or assets located in them.

1. The use or use by individuals of the channels or property located therein shall require the prior granting or administrative authorisation.

2. In the granting of concessions or authorizations for the use of aggregates, grasses and tree or bushland vegetation, establishment of bridges or walkways, jetties and facilities for public restrooms, the possible impact shall be considered Unfavourable ecological conditions, the appropriate guarantees for the return of the environment should be required.

3. The opening of the dossiers on the use of aggregates will be notified to the bodies responsible for the terrestrial maritime public domain of the same basin so that they can opt for their use in the regeneration of the coast that will always be preferred over any other possible proprietary use.

Article 78. Recreational navigation in reservoirs.

The authorisations for recreational navigation in reservoirs will be conditioned to the intended uses for the stored waters, protecting their quality and limiting access to the areas of derivation or drainage according to The rules are specified.

SECTION 5. PROCEDURE

Article 79. Procedure for granting grants and authorizations.

1. The duration of the concessions and authorizations, the assumptions and requirements for their declaration of public utility, as well as the procedure for their processing shall be established regulatively.

2. The ordinary procedure for granting concessions will be in accordance with the principles of advertising and competition, preferring, on an equal footing, those which project the most rational use of water and a better protection of your environment.

The principle of competition may be eliminated in the case of water supply to stocks.

3. For concessions of minor importance for their size, including those for small-power hydro-electric harness, simplified procedures shall be established in accordance with their characteristics.

4. In the case of concessions and authorizations for irrigation or other agricultural uses, a report by the Autonomous Community and the Ministry of Agriculture, Fisheries and Food shall be required in respect of the matters peculiar to it. competence, and in particular with regard to their possible involvement in existing action plans.

SECTION 6 WATERS RECORD

Article 80. Characteristics of the Water Register.

1. The catchment bodies shall carry a water register in which the water concessions are to be registered, as well as the authorised changes in their ownership or in their characteristics.

The organisation and rules of operation of the Water Register shall be established by regulatory means.

2. The Water Registry shall be public in nature, with the appropriate certification of the content of the Water Register.

3. The holders of water concessions entered in the Register concerned may be interested in the intervention of the Competent Basin Agency in defence of their rights, in accordance with the content of the concession and the provisions laid down in the legislation in the field of water.

4. Registration will be a means of proof of the existence and status of the concession.

CHAPTER IV

From user communities

Article 81. Obligation to constitute user communities.

1. Users of water and other goods in the public hydraulic domain of the same takeover or concession shall be established in user communities. When the destination given to the waters is mainly irrigation, they will be called regant communities; in another case, the communities will receive the qualification that characterizes the destination of the collective exploitation.

The statutes or ordinances shall be drawn up and approved by the users themselves, and shall be submitted to the Basin Agency for administrative approval.

The statutes or ordinances shall regulate the organization of the user communities, as well as the internal autonomy of the hydraulic goods inherent in the use.

The Basin Agency may not refuse the approval of the statutes and ordinances, or introduce variants in them, without the prior opinion of the Council of State.

2. Communities of users of surface water or groundwater, the use of which affects their common interests, may form a general community for the protection of their rights and the preservation and promotion of such interests.

3. Similarly, individual users and user communities may, by convention, form a central user board in order to protect their rights and interests against third parties and to order and monitor the coordinated use of their own Leverage.

4. The Basin Agency may impose, where the general interest so requires, the establishment of the different types of communities and central meetings of users.

5. Where the modality or circumstances and characteristics of the use so advise, or where the number of members is reduced, the community scheme may be replaced by the procedure laid down in specific conventions, which must be approved by the Basin Agency.

Article 82. Nature and legal status of user communities.

1. The user communities have the character of public law corporations, assigned to the Basin Agency, which will ensure compliance with its statutes or ordinances and the good order of use. They shall act in accordance with the procedures laid down in this Law, in their regulations and in their statutes and ordinances, in accordance with the provisions of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and of the Common Administrative Procedure.

2. The statutes and ordinances of the user communities shall include the purpose and territorial scope of the use of the assets of the public hydraulic domain, shall regulate the participation and obligatory representation, in relation to their the interests of the current and successive holders of goods and services and of the participants in the use of water; and shall require all operators to contribute to the fair share of the common operating costs, conservation, repair and improvement, as well as the fees and charges applicable. The statutes and ordinances of the communities, as agreed by their general meeting, shall establish the provisions corresponding to the infringements and penalties that may be imposed.

by the jury according to the custom and own procedure of the same, guaranteeing the rights of hearing and defense of those affected.

3. The general communities and the central user boards shall be composed of representatives of the users concerned. Their ordinances and regulations must be approved by the Basin Agency.

4. The communities of users who lack ordinances will be obliged to submit them for approval within the time limit which they regulate. In the event of non-compliance, the Basin Agency may establish those it considers to have been delivered after the Council of State has delivered an opinion.

Article 83. The faculties of the user communities.

1. The user communities may execute on their own and in charge of the user, the non-compliant agreements that they impose an obligation to do. The cost of the subsidiary execution shall be payable by the administrative route of the award. Those obligations which are of a very personal nature shall be exempt from the previous regime.

2. The user communities will be beneficiaries of the forced expropriation and the imposition of the easements that demand their use and the fulfillment of their ends.

3. The communities of users will be obliged to carry out the works and facilities that the Administration orders them, in order to avoid the misuse of the water or the deterioration of the hydraulic public domain, being able the Body of the competent basin to suspend the use of water until such water is carried out.

4. The debts to the community of users for conservation, cleaning or improvements, as well as any other reasons for the administration and distribution of the waters, will tax the farm or industry in whose favor they were made, and the community of users demand their amount by the administrative route of the award, and prohibit the use of water until they are satisfied, even if the farm or industry has changed its owner. The same criterion will be followed when the debt comes from fines and damages imposed by the courts or irrigation juries.

Article. 84. The organs of the user communities.

1. Each user community will have a general meeting or assembly, a governing board and one or more jurors.

2. The General Board, constituted by all the users of the community, is the sovereign organ of the community, corresponding to all the faculties not specifically attributed to some other organ.

3. The governing board, elected by the general meeting, is in charge of the execution of the ordinances and of the own agreements and of those adopted by the general meeting.

4. They will be attributions of the governing board:

a) To monitor and manage the interests of the Community, to promote its development and to defend its rights.

b) Dictate the appropriate provisions for the best distribution of waters, respecting acquired rights and local customs.

c) Submit to the approval of the board the modification of the ordinances or any other proposal that it deems appropriate.

(d) To execute in the field of their competences the functions assigned to it by the laws or which they may assume under the agreements they subscribe with the Basin Agency.

5. The agreements of the general meeting and the governing board, in the field of their powers, shall be executive, in the form and with the requirements laid down in the Law of the Legal Regime of Public Administrations and the Procedure Common Administrative Board, without prejudice to its possible challenge to the Agency of the Basin.

6. It is for the jury to be aware of the questions of fact that are raised among the users of the community in the field of the ordinances and to impose on the offenders the regulatory sanctions, as well as to fix the compensation that can be derived from the the violation.

The procedures will be public and verbal in the way that the custom and the regulations determine. Their failures will be executive.

Article 85. Survival of traditional organizations.

Collective exploitances, which until now have had a regime entered into duly approved ordinances, will continue to be subject to the same as long as users do not decide to modify them according to them.

Similarly, where there are juries or irrigation courts, whatever their peculiar denomination, they will continue with their traditional organization.

Article 86. Ownership of the works that integrate the use.

The ownership of the works that are an integral part of the use of the user community will be defined in the title that empowers them for their construction and use.

Article 87. Communities of users of hydrogeological and aquifer units.

1. Users of the same hydrogeological unit or of the same aquifer shall be obliged, at the request of the catchment body, to constitute a community of users, corresponding to that body, at the request of a party or of its own office, to determine its limits and the establishment of the system for the joint use of water.

2. In the case of aquifers declared over-exploited or at risk of being under Article 56 (1) of this Law, the constitution of a community of users shall be compulsory. If, after six months from the date of the declaration of overexploitation, the community of users has not been established, the Basin Agency shall constitute it of its own motion, or shall entrust its functions temporarily to an organ. representative of the concurrent interests.

3. The catchment bodies may conclude agreements with the communities of groundwater users in order to establish their cooperation in the effective control functions of the system of exploitation and respect for the rights of the waters.

In these agreements, provision may be made, inter alia, for the replacement of pre-existing underground water fetches by Community captions, as well as the economic and technical support of the catchment area for the Community of users for compliance with the terms of the convention.

Article 88. Communities for the collection of surface water and groundwater.

The Basin Agency may require the establishment of communities that aim to take advantage of the use of surface water and groundwater, where the best use of the resources of the same zone.

Article 89. Requirements for supply to several populations.

1. The granting of the concessions for supply to various populations will be conditional on the Local Corporations being constituted for these purposes in Mancomunidades, Consorcios or other similar entities, according to the legislation by which they are governed, or which all of them receive the water through the same concessionary company.

2. Regardless of their special legal status, the consortium or Community concerned shall draw up the ordinances provided for in Article 81.

Article 90. Community of landfill users.

Public entities, corporations or individuals who need to pour water or waste products, may be a community to carry out the study, construction, exploitation and improvement of collectors, purification stations and common elements enabling them to be discharged in the most suitable place and in the best technical and economic conditions, considering the necessary protection of the natural environment. The Basin Agency may justifiably impose the constitution of this class of user communities.

Article 91. Other user communities. Application rules.

The provisions contained in the foregoing articles may be applied to other types of communities not expressly mentioned, and, among them, to those of an agreement or to those which are constituted for the construction, conservation and and improvement of defence works against water.

TITLE V

The protection of the public domain of water and the quality of inland waters

CHAPTER I

General rules

Article 92. Objectives of protection.

Are targets of hydraulic public domain protection:

a) Prevent the deterioration of ecological status and water pollution to achieve a good overall state.

b) Establish quality control programs in each watershed.

c) Prevent the accumulation of toxic or hazardous compounds in the subsoil, capable of contaminating groundwater.

d) Avoid any other accumulation that may cause degradation of the hydraulic public domain.

e) Retrieve the water systems associated with the hydraulic public domain.

Reglamentarily, the quality levels corresponding to the states indicated in paragraph (a) and the deadlines for reaching them will be established.

Article 93. Concept of pollution.

It is understood by contamination, for the purposes of this Law, the action and the effect of introducing materials or forms of energy, or inducing conditions in the water which, directly or indirectly, involve a harmful alteration of their quality in relation to subsequent uses or their ecological function.

The concept of degradation of the hydraulic public domain for the purposes of this Law, includes the harmful alterations of the environment affected this domain.

Article 94. Water police.

The police of the ground surface water and its natural reservoirs and reservoirs, servitude zones and protection perimeters shall be exercised by the competent hydraulic administration.

Article 95. It stoned and dislines the public domain channels.

1. The apure and dislinde of the channels of public domain corresponds to the State Administration, which shall carry out them by the Basin Organizations, according to the procedure that is determined to be determined.

2. The unlinde approved declares the Sunday possession and ownership in favor of the State, giving rise to the amojoning.

3. The resolution of approval of the deslinde shall be sufficient to rectify the entries in the Register of the Property contradictory with it, in the form and conditions to be determined regulatively, provided that it has intervened in the file the registral holder, in accordance with the mortgage legislation. Such a decision shall also be sufficient to ensure that the Administration proceeds to the registration of the goods in the public domain where it considers it appropriate. In any event, the holders of the registered rights concerned may exercise the actions they deem relevant in defence of their rights, with the corresponding judicial complaint being subject to preventive annotation.

Article 96. Area of servitude and police in surface reservoirs, lakes and lagoons.

1. Around the surface reservoirs, the Basin Agency may provide for the service areas necessary for its operation in its projects.

2. In any case, the margins of lakes, lagoons and reservoirs will be subject to the servitude and police zones fixed for the water streams.

Article 97. Prohibited polluting actions.

It shall be prohibited, as a general rule, and without prejudice to Article 100, any activity likely to cause pollution or degradation of the public hydraulic domain, and in particular:

(a) Accumulate solid waste, debris or substances, whatever their nature and the place in which they are deposited, which constitute or may constitute a danger of water pollution or degradation of their environment.

b) To perform actions on the physical or biological environment affected water, which constitute or may constitute a degradation of the water.

c) The exercise of activities within the protection perimeters, fixed in the Hydrological Plans, when they may constitute a danger of contamination or degradation of the hydraulic public domain.

Article 98. Environmental limitations to authorizations and concessions.

The basin organizations, in the concessions and authorizations they grant, will take the necessary measures to make the use compatible with respect for the environment and to guarantee ecological flows or demands. environmental planning in the hydrological planning.

In the processing of concessions and authorizations that affect the public hydraulic domain that could involve risks to the environment, the presentation of a report on the possible harmful effects for the environment will be mandatory. (a) means of which the competent environmental authority shall be transferred to give a decision on the corrective measures which, in its opinion, are to be introduced as a result of the report submitted. Without prejudice to the cases in which it is compulsory, in accordance with the rules in force, in cases where the catchment area provides for a serious risk to the environment, it shall also submit to the the environmental impact assessment procedure should be initiated by the competent environmental body.

Article 99. Protection of groundwater.

The protection of groundwater against intrusion of salt water, of continental or sea origin, will be carried out, among other actions, by limiting the exploitation of the affected aquifers and, if necessary, the spatial redistribution of existing fetches. The basic criteria for this will be included in the basin Hydrological Plans, corresponding to the Basin Agency the adoption of the appropriate measures.

CHAPTER II

Of the discharges

Article 100. Concept.

1. For the purposes of this Law, discharges shall be considered to be carried out directly or indirectly in inland waters, as well as in the rest of the public hydraulic domain, whatever the procedure or technique used. The direct or indirect discharge of water and waste products liable to pollute the inland waters or any other element of the public hydraulic domain shall be prohibited, unless the prior notification is given. administrative authority.

2. The purpose of the discharge authorization shall be to achieve the good environmental status of the waters, in accordance with the quality standards, the environmental objectives and the emission and immission characteristics laid down in regulation of this Law. Those rules and objectives may be specified for each basin by the respective hydrological plan.

By good ecological status of the waters, it is understood that it is determined from indicators of biological quality, physicochemical and hydromorphological, inherent to the natural conditions of any water ecosystem, in the form and with the assessment criteria to be determined.

3. Where an authorisation is granted or its conditions are changed, time limits and programmes for the reduction of pollution may be laid down for the progressive adaptation of the characteristics of discharges to the limits laid down therein.

4. The discharge authorisation does not exempt any other authorisation that is necessary, in accordance with other laws for the activity or installation concerned.

Article 101. Discharge authorization.

1. Discharge authorisations shall lay down the conditions under which they are to be carried out, in the manner that is determined.

In any case, they must specify the necessary purification facilities and the control elements of their operation, as well as the quantitative and qualitative limits imposed on the composition of the effluent and the amount of the discharge control fee as defined in Article 113.

2. The discharge authorisations shall be valid for a maximum of five years, successively renewable, provided that they comply with the standards of quality and environmental objectives that are required at any time. Otherwise, they may be modified or revoked in accordance with the provisions of Articles 104 and 105.

3. For the purposes of granting, renewing or amending the discharge authorisations, the applicant shall provide proof to the competent hydraulic administration, in accordance with the terms laid down in the regulations, of the adequacy of the purification and control elements of its operation, standards and objectives of water quality. Also, with the periodicity and the time limits to be established, the holders of discharge authorisations must prove to the Hydraulic Administration the conditions in which they are discharged.

The data to be credited to the Hydraulic Administration under this paragraph may be certified by the entities that are homoloed to that effect, in accordance with what is determined to be determined.

4. Applications for discharge authorizations from local authorities shall, in any case, contain a plan for the disposal and control of discharges to municipal collectors. Local authorities shall be obliged to inform the Hydraulic Administration of the existence of discharges into local collectors of toxic and dangerous substances covered by the water quality regulation.

Article 102. Authorisation of discharge into aquifers and groundwater.

Where the discharge may result in the infiltration or storage of substances susceptible to the contamination of aquifers or groundwater, it may only be authorised if the prior hydrogeological study demonstrates its safety.

Article 103. Limitations to polluting industrial action.

Administrative authorisations relating to the establishment, modification or transfer of installations or industries originating in or likely to cause discharges shall be subject to conditions for obtaining the authorization of the spill.

The Government may prohibit, in specific areas, those industrial activities and processes whose effluents, in spite of the treatment they are subjected to, may constitute a risk of serious contamination for the waters, either in their own normal operation or in case of foreseeable exceptional situations.

Article 104. Review of discharge authorizations.

1. The Basin Agency may review the discharge authorisations in the following cases:

a) When circumstances arise that, if previously existed, would have justified their refusal or granting in different terms.

b) When an improvement in the characteristics of the spill occurs and so request the data subject.

c) To adapt the discharge to the quality standards and objectives of the waters that are applicable at any time and, in particular, to which for each river, stretch of river, aquifer or water body the Hydrological Plans of basin.

2. In exceptional cases, for reasons of drought or extreme hydrological situations, the catchment bodies may, in general, modify the conditions of discharge in order to ensure the quality objectives.

Article 105. Unauthorized discharges.

1. If the existence of an unauthorised spill is proven, or if the conditions of the authorisation are not met, the basin body shall carry out the following actions:

(a) Initiate a sanctioning procedure and determine the damage caused to the quality of the waters.

(b) Liquidate the discharge control fee in accordance with Article 113.

2. In addition, the Basin Agency may agree on the initiation of the following procedures:

(a) Revocation of the discharge authorization, if any, for failure to comply with any of its conditions.

b) Authorization of the discharge, if not, where it is susceptible to legalization.

(c) A declaration of revocation of the granting of water in the case of particularly qualified cases of non-compliance with the conditions or non-existence of authorization, of which there is very serious damage in the public domain hydraulic.

3. Revocation and revocation declarations agreed in accordance with the previous paragraph shall not be entitled to compensation.

Article 106. Suspension of activities that cause unauthorized discharges.

The Government, in the field of its powers, may order the suspension of activities giving rise to unauthorised discharges, if it does not consider it more appropriate to take the necessary measures for its correction, without prejudice to the civil, criminal or administrative liability in which they could have incurred the perpetrators.

Article 107. Operation of scrubbers by the Basin Agency.

The Basin Agency may be directly or indirectly, for reasons of general interest and on a temporary basis, directly or indirectly responsible for the operation of waste water treatment facilities, where the waste water treatment plant is not the cessation of the activities resulting from the discharge and serious disadvantages of the non-compliance with the authorised conditions.

In this case, the Basin Agency shall claim from the holder of the authorisation, including by way of award:

(a) The quantities required to modify or condition the facilities in the terms provided for in the authorization.

b) The costs of operating, maintaining and conserving the facilities.

Article 108. Dumping companies.

Landfill companies may be formed to drive, treat and pour waste water from third parties. The discharge authorisations granted to them shall include, in addition to the conditions required in general, the following:

(a) The eligibility of discharges to be processed by the company.

b) The maximum rates and the procedure for your periodic update.

c) The obligation to provide a bond to respond to the continuity and effectiveness of the treatments.

The amount of the security and the effects arising from the revocation of the authorisation shall be determined by regulation.

CHAPTER III

From Reusing purged Waters

Article 109. Legal regime for reuse.

1. The Government shall lay down the basic conditions for the reuse of water, specifying the quality required of the waters cleaned up in accordance with the intended uses.

2. The reuse of water from a use will require administrative concession as a general rule. However, where the re-use is requested by the holder of an authorisation for the discharge of already purified waters, only an administrative authorisation shall be required, in which the necessary conditions shall be laid down. additional to those collected in the previous discharge authorisation.

3. Any natural or legal person who has obtained a concession for the reuse of water may be subrogated by contract in the ownership of the authorization to discharge those waters, with the assumption of the obligations that it carries, including debugging and satisfaction of the spill control fee.

These contracts must be approved by the relevant Basin Agency, for the purposes of the change of holder of the discharge authorization. In the event that the concession has been granted in respect of effluent from a purification plant, the relations between the owner of the plant and that of the concession shall also be regulated by a contract to be authorized by the corresponding Basin Agency.

4. Natural or legal persons who assume the obligations referred to in the previous paragraph may request the modification of the previously existing discharge authorisation in order to adapt it to the new conditions of discharge. For its review the volume and quality of the effluent to be discharged into the public hydraulic domain after reuse shall be taken into account.

5. In any event, the final discharge of the reused waters shall be accommodated in accordance with this Law.

CHAPTER IV

State aid

Article 110. State aid for activities that improve water quality.

The aid that may be granted to those who proceed to the development, implementation or modifications of technologies, processes, installations or equipment, as well as changes in the holding, shall be determined. means a reduction in water use and consumption or a lower contribution of pollutants to the water used.

Support may also be granted to forest plantations whose objective is the protection of water resources.

These aids will be extended to those who are responsible for the purification and desalination of water and the purification of waste water, through more appropriate processes or methods, to the implementation of water reuse systems. waste, or develop research activities in these areas.

CHAPTER V

From Wetlands

Article 111. Concept and features.

1. Swampy or swampy areas, even artificially created, will have the consideration of wetlands.

2. The delimitation of the wetlands shall be carried out in accordance with the relevant specific legislation.

3. Any activity affecting such areas shall require authorisation or administrative concession.

4. The catchment areas and the competent environmental administration shall coordinate their actions for the conservation, effective protection, sustainable management and recovery of the wetlands, especially those with an interest natural or landscape.

5. Basin Bodies may promote the declaration of certain wetlands as of particular interest for conservation and protection in accordance with environmental legislation.

6. In addition, the catchment bodies, after a favourable report by the competent bodies responsible for the environment, may promote the desiccation of those wetlands, which are declared unsanitary or whose sanitation is considered to be in the public interest.

TITLE VI

From the economic-financial regime of the use of the hydraulic public domain

Article 112. Canon of use of the goods in the hydraulic public domain.

1. The occupation, use and use of the goods in the hydraulic public domain included in paragraphs (b) and (c) of this Law, which require administrative authorization or authorization, shall be payable in favour of the Agency. the competent basin a charge called the charge for the use of goods in the hydraulic public domain, intended for the protection and improvement of that domain. Water dealers shall be exempt from payment of the fee for the occupation or use of the public domain land necessary to carry out the concession.

2. The accrual of the fee shall be with the initial grant and annual maintenance of the concession or authorization and shall be payable in the appropriate amount and within the time limits specified in the conditions of such concession or authorization.

3. Dealers or authorised persons or, where appropriate, subsurers instead of those shall be taxable persons of the licence fee.

4. The tax base of the levy shall be determined by the Basin Agency according to the following assumptions:

(a) In the case of land occupation of the public hydraulic domino, by the value of the land occupied by reference to the market value of the contiguous land.

(b) In the case of the use of the public hydraulic domain, the value of such use or the profit obtained therewith.

c) In the case of the use of goods in the hydraulic public domain, the value of the materials consumed or the usefulness of the use of the use.

5. The annual charge rate shall be 5 per 100 in the cases referred to in paragraphs (a) and (b) of the preceding paragraph, and 100 per 100 in the case of paragraph (c), which shall apply to the value of the resulting tax base in each case.

6. In the case of inter-community basins, this fee will be collected by the Basin Agency or by the Tax Administration of the State, by virtue of its agreement. In this second case, the State Agency of the Tax Administration shall receive from the Basin Agency the relevant data and censuses to facilitate its management, and shall inform it periodically in the manner determined by regulatory means. The fee collected shall be made available to the relevant Basin Agency.

Article 113. Discharge control fee.

1. Discharges into the public hydraulic domain shall be taxed at a rate for the study, control, protection and improvement of the receiving medium of each river basin, which shall be referred to as the discharge control fee.

2. They shall be taxable persons of the discharge control fee, who shall carry out the discharge.

3. The amount of the discharge control fee shall be the product of the volume of discharge authorised by the unit price of discharge. This unit price shall be calculated by multiplying the basic price per cubic meter by a coefficient of mayorination or minoron, which shall be determined in accordance with the nature, characteristics and degree of contamination of the discharge. as with the highest environmental quality of the physical environment in which it is poured.

The basic price per cubic meter is fixed at 0.0202 euros (2 pesetas) for urban waste water and at 0.03005 euros (5 pesetas) for industrial waste water. These basic prices may be regularly reviewed in the General Budget Laws of the State.

The basic price shift coefficient may not be greater than 4.

4. The discharge fee shall be payable on 31 December, in the same way as the tax period with a calendar year, except for the year in which the discharge is granted or the cessation of the discharge, in which case the licence fee shall be calculated proportionately. to the

number

days of validity of the authorization in relation to the total of the year. During the first quarter of each calendar year, the licence fee for the previous year shall be settled.

5. In the case of inter-community basins, this fee will be collected by the Basin Agency or by the Tax Administration of the State, by virtue of its agreement. In this second case, the State Agency of the Tax Administration shall receive from the Basin Agency the relevant data and censuses to facilitate its management, and shall inform it periodically in the manner determined by regulatory means. The fee collected shall be made available to the relevant Basin Agency.

6. Where the existence of a discharge is found to be responsible for the administrative authorisation referred to in Article 100, irrespective of the appropriate sanction, the basin body shall liquidate the control fee of the vessel. discharges for the non-prescribed exercises, calculating their amount by means of indirect estimation procedures in accordance with the rules laid down in this Regulation.

7. The discharge control fee shall be independent of the fees or charges to be established by the Autonomous Communities or Local Corporations to finance the consolidation and purification works.

Article 114. Water usage rate and regulation fee.

1. Those benefiting from the works for the regulation of surface water or groundwater, financed wholly or in part from the State, shall satisfy a regulatory fee intended to offset the costs of the investment supported by the Administration. state and meet the operating and conservation costs of such works.

2. Those benefiting from specific hydraulic works financed in whole or in part by the State, including those for correcting the deterioration of the public hydraulic domain, derived from their use, shall satisfy the availability or use of the water a charge called "water use tariff", intended to compensate for the investment costs borne by the State Administration and to meet the operating and conservation costs of such works.

3. The amount of each levy shall be fixed for each financial year by adding the following amounts:

(a) The expected total operating and conservation costs of the works performed.

(b) The administrative costs of the managing body attributable to such works.

(c) 4 per 100 of the value of investments made by the State, duly updated, taking into account the technical depreciation of works and installations and the depreciation of the currency, in the form that it regulates is determined.

4. The individual distribution of this overall amount, among all those benefiting from the works, will be carried out according to criteria for rationalisation of water use, equity in the allocation of obligations and self-financing of the service, in the the way it is regulated to be determined.

5. In the case of inter-community basins, the levies provided for in this article shall be managed and collected by the Basin Agency or by the Tax Administration of the State, by virtue of its agreement. In this second case, the State Tax Administration Agency shall receive the relevant data and censuses from the Basin Agency to facilitate its management, and shall inform it periodically in the manner determined by regulatory means. The fee collected shall be made available to the relevant Basin Agency.

6. The fees and charges shall be introduced by the liquidator body to the amount to be satisfied, according to the amount of the hydraulic work consumed in quantities exceeding or below the reference envelopes laid down in the plans. River basin hydrologic or, where appropriate, in the regulations governing the respective sectoral planning, in particular as regards irrigation or other agricultural uses. This correction factor shall consist of a coefficient to be applied on the settlement, which may not exceed 2 or less than 0,5, in accordance with rules to be determined in accordance with the rules.

7. The Basin Agency shall approve and issue the liquidations regulated in this Article in the financial year to which they correspond.

Article 115. Economic-administrative nature of the settlements.

1. The self-validation of the fees or charges referred to in the preceding Articles may be established.

2. The acts of approval and liquidation of such fees or charges shall be of an economic and administrative nature. Without prejudice to the provisions of the rules governing the applicable procedures, the challenge of the acts shall not be suspended, with the payment of the debit being required by the administrative route of the award. Non-payment may lead to the suspension or loss of the right to use or use of the public hydraulic domain.

3. The payment of the levies provided for in this Law, when the duties are grouped in a community of users or representative organization of the same, may be made through such communities or entities, which remain (a) to that end in order to carry out the collection in accordance with the terms to be regulated.

TITLE VII

Of breaches and sanctions and jurisdiction of the Courts

Article 116. Actions constituting infringement.

Administrative violations will be considered:

(a) Actions that cause damage to hydraulic public domain goods and hydraulic works.

b) The water diversion of its channels and the delivery of groundwater without the corresponding concession or authorization when it is accurate.

(c) Failure to comply with the conditions imposed on the concessions and administrative authorizations referred to in this Law, without prejudice to their revocation, revocation or suspension.

d) The execution, without proper administrative authorization, of other works, works, planting or plantations in the public channels or in the areas legally subject to some kind of limitation on their destination or use.

e) The invasion, occupation or extraction of arid of the channels, without the corresponding authorization.

(f) discharges which may impair the quality of the water or the drainage conditions of the receiving channel, carried out without the corresponding authorisation.

g) Failure to comply with the prohibitions laid down in this Law or the omission of the acts to which it requires.

h) The opening of wells and the installation on the same of instruments for the extraction of groundwater without previously having the concession or authorization of the Basin Agency for the extraction of the waters.

Article 117. Rating of the infringements.

1. The abovementioned infringements shall be classified as minor, less serious, serious or very serious, having regard to their impact on the order and use of the public hydraulic domain, to their importance as regards the safety of the persons and property and the circumstances of the person responsible, their degree of malice, participation and benefit obtained, as well as the deterioration produced in the quality of the resource, and may be sanctioned with the following fines:

Minor infractions, fine of up to 6,010.12 euros (1,000,000 pesetas).

Less serious infractions, fine of 6,010,13 to 30,050.61 euros (1,000,001 to 5,000,000 pesetas).

Serious violations, fine of 30,050.62 to 300,506.06 euros (5,000,001 to 50,000,000 pesetas).

Very serious infractions, fine of 300,506.06 to 601,012.10 euros (50,000,001 to 100,000,000 pesetas).

2. The penalty for minor and less serious infringements shall be the responsibility of the Basin Agency. In relation to the former, an abbreviated and summary procedure shall be established in accordance with the principles laid down in Chapter II of Title IX of Law No 30/1992 of 26 November 1992 on the Legal Regime of Administrations. Public and the Common Administrative Procedure. It will be the responsibility of the Minister for the Environment to sanction serious infringements and the Council of Ministers will be reserved for fines for very serious infringements.

3. The Government may, by means of a decree, update the amount of the penalties provided for in paragraph 1 of this Article.

Article 118. Damages to the hydraulic public domain.

1. Regardless of the penalties imposed on them, the offenders may be obliged to repair the damages caused to the public hydraulic domain, as well as to replenish the things to their previous state. The sanctioning body shall determine the compensation to be paid.

2. Both the amount of the penalties and the amount of the responsibilities to which it would have occurred may be required by the administrative route of the award.

Article 119. Periodic penalty payments.

1. Sanctioning bodies may impose periodic penalty payments in the cases referred to in the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure. The amount of each fine shall in no case exceed 10 per 100 of the maximum penalty for the offence committed.

2. In order to ensure the effectiveness of the final decision which may be made, the interim measures necessary to prevent the continuation of the infringing activity, such as the sealing of installations, may be taken on a provisional basis. equipment, equipment and wells, and the cessation of activities.

Article 120. Criminal offences or misconduct.

In cases where the offences may be a crime or a fault, the Administration shall pass the fault of the fault to the competent jurisdiction and shall refrain from pursuing the sanctioning procedure while the judicial authority has not been pronounced.

The sanction of the judicial authority will exclude the imposition of administrative fine. If the existence of a crime has not been estimated, the Administration may continue the sanctioning file on the basis of the facts that the Courts have considered to be proven.

Article 121. Competent jurisdiction.

It is up to the judicial-administrative jurisdiction to know the claims that are made in relation to the acts of any public authority in the field of water, subject to the administrative law.

TITLE VIII

Hydraulic works

CHAPTER I

Concept and legal nature of hydraulic works

Article 122. Concept of hydraulic work.

For the purposes of this Law, it is understood by hydraulic work the construction of goods that have a real estate for the collection, extraction, desalination, storage, regulation, conduction, control and use of waters, as well as sanitation, purification, treatment and reuse of the use of the water and those intended for the artificial recharge of aquifers, action on channels, correction of the current system and protection against avenues, such as dams, reservoirs, irrigation channels, azudes, pipelines, and (a) supply deposits to stocks, desalination facilities, collection and pumping, sewerage, stormwater collectors and waste water, sanitation, purification and treatment facilities, aphoro stations, piezometers, quality control, levees and lighting and defense against avenues, as well as those necessary for the protection of the hydraulic public domain.

Article 123. Legal status of the hydraulic work.

1. Hydraulic works may be of public or private ownership.

The construction of a hydraulic work that can be used for the granting of new uses of water cannot be initiated, without the corresponding concession, authorization or demanial reservation being obtained or declared, except in the case of emergency declaration or extreme hydrological situations.

Water works linked to energy use will also result in the application of the provisions of Law 54/1997 of 27 November of the Electrical Sector.

2. Public hydraulic works are designed to guarantee the protection, control and exploitation of the continental waters and the public hydraulic domain and which are the responsibility of the General Administration of the State, of the Confederations Hydrographs, Autonomous Communities and Local Entities.

Article 124. Powers for the implementation, management and operation of public water works.

1. Hydraulic works of general interest are the responsibility of the General Administration of the State. The management of these works may be carried out directly by the competent bodies of the Ministry of the Environment or through the Hydrographic Confederations. They may also manage the construction and operation of such works, the Autonomous Communities under a specific agreement or a management mandate.

2. The Hydrographic Confederations are responsible for the hydraulic works carried out from their own funds, in the field of the competencies of the General Administration of the State.

3. The rest of the public hydraulic works are of competence of the Autonomous Communities and of the local entities, according to what they have their respective Statutes of Autonomy and their laws of development, and the legislation of local regime.

4. The General Administration of the State, the Hydrographic Confederations, the Autonomous Communities and the local authorities may conclude agreements for the joint realization and financing of water works of their competence.

Article 125. Commission of the European Concessions without project competition.

1. The Ministry of the Environment and the Hydrographic Confederations, in the field of their competences, may entrust the communities of users, or central meetings of users, with the exploitation and maintenance of the hydraulic works which they are responsible for. affect.

For this purpose, an agreement shall be concluded between the Administration and the communities or central boards of users in which the conditions of the management mandate shall be determined, and in particular its economic-financial.

2. In addition, user communities and the central boards of users may be directly beneficiaries, without concurrency, of concessions for the construction or exploitation of the hydraulic works that affect them.

A specific agreement between the General Administration of the State and the users shall regulate each work and, where appropriate, fix the public aid associated with each operation.

Article 126. Conservation and operating expenses.

For the purposes referred to in Article 114 (3) (a), the amounts which are required to be met by the General Administration of the State or by the General Administration shall be taken into account for the purposes of Article 114 (3). Hydrographic confederations, by virtue of an agreement concluded with a third party to whom the management of the construction or exploitation of a hydraulic work of general interest has been attributed, or is a concessionaire of the same.

Article 127. Prerogatives of the hydraulic work of general interest.

1. Hydraulic works of general interest and hydraulic works and performances of supramunicipal ambit, included in the hydrological planning, and which do not exhaust their functionality in the municipal term where they are located, shall not be subject to (a) a licence or a municipal preventive control act referred to in paragraph (b) of Article 84 (1) of Law 7/1985 of 2 April of 2 April on the rules governing the Local Conditions of Employment.

2. The competent urban planning bodies may not suspend the execution of the works referred to in the first subparagraph of the previous paragraph, provided that the prior reporting procedure has been completed, the technical project is duly approved by the competent body, the works are in accordance with that project or its amendments and the communication referred to in the following paragraph has been made.

3. The Ministry of the Environment shall inform the local authorities concerned of the approval of the projects of the public works of water referred to in paragraph 1, in order to initiate, where appropriate, the procedure for amending the municipal urban planning to adapt it to the implementation of the new infrastructure or facilities, according to the urban legislation that is applicable according to the location of the work.

Article 128. Coordination of concurrent competencies.

1. The General Administration of the State, the Hydrographic Confederations, the Autonomous Communities and the local entities have the duties of reciprocal coordination of their concurrent competences on the water environment with incidence in the model of territorial planning, in the availability, quality and protection of waters and, in general, of the public hydraulic domain, as well as the duties of information and mutual collaboration in relation to the initiatives or projects they promote.

2. The coordination and cooperation referred to in the preceding paragraph shall be carried out through the procedures laid down in Law 12/1983 of 14 October of the Autonomous Process; in Law 7/1985 of 2 April, Regulation of the Basis of Local Government, and in Law No 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure, as well as of the specific provisions laid down in the agreements concluded between the Administrations affected.

3. With regard to the inter-Community basins, the approval, modification or revision of the instruments of territorial planning and urban planning that directly affect the planned land for the projects, works and infrastructures Before its initial approval, the binding report of the Ministry of the Environment, which will be exclusive to the Ministry of the Environment, will require, before its initial approval, the general interest hydraulics referred to in the basin Hydrological Plans or in the National Hydrological Plan. relationship between such works and the protection and use of the public hydraulic domain and without prejudice to other laws applicable for sectoral or environmental reasons. This report shall be deemed to be positive if it is not issued and notified within two months.

4. The land reserved in the hydrological plans for the performance of hydraulic works of general interest, as well as those which are strictly necessary for their possible extension, shall be classified and classified as being of the urban legislation applicable and appropriate to ensure and preserve the functionality of such works, the protection of the public hydraulic domain and its compatibility with water uses and environmental demands. The general urban planning and planning instruments shall collect such classification and qualification.

Article 129. Environmental impact assessment.

Water works projects of general interest will be subject to the environmental impact assessment procedure in the cases established in the environmental impact assessment legislation.

Article 130. Declaration of public utility and need for occupation.

1. The approval of the projects of hydraulic works of general interest will carry implicit the declaration of public utility and the necessity of occupation of the goods and acquisition of rights, to the purposes of forced expropriation and temporary occupation, agreement with the provisions of the relevant legislation.

2. The declaration of public utility and the need for occupation shall also cover the goods and rights covered by the project and the modifications of works which may subsequently be approved.

3. The proposal for a declaration of urgency for the occupation of goods and rights affected by hydraulic works of general interest shall be the responsibility of the competent authority of the Ministry of the Environment.

4. Where a hydraulic work of general interest has a singular effect on the socio-economic balance of the municipality in which it is located, a territorial restitution project shall be drawn up and implemented to compensate for such a condition.

Article 131. Declaration of a hydraulic work as of general interest.

1. The initiative for the declaration of a hydraulic work as of general interest, in accordance with Article 46 (2) and (3) of this Law, shall be the responsibility of the Ministry of the Environment, of its own motion or at the request of those who have an interest in (a) without prejudice to the provisions of Article 46 (3) (a) and (b). They may call for the initiation of the dossier for the declaration of a hydraulic work as being of general interest in the field of their competence:

a) The rest of the ministerial departments of the General Administration of the State.

b) Autonomous Communities and Local Entities.

c) The user communities or organizations representative of them.

In any case, the relevant Autonomous Communities and Local Entities will be heard in the relevant file.

2. In the case of hydraulic works having as their main purpose the irrigation or other agricultural uses, the Ministry of Agriculture, Fisheries and Food shall inform the Commission of the matters falling within its competence, in particular on adequacy of the project to what is established in the current national irrigation planning.

3. In order to declare a hydraulic work of general interest, the adequacy of the project must be weighted to the environmental requirements, taking particular account of the compatibility of the possible uses and the maintenance of the quality of the waters.

4. The dossier for the declaration of a hydraulic work as being of general interest must include a proposal for the financing of the construction and operation of the work, as well as a study on the fees and charges to be met by the beneficiaries. For this purpose, the Ministry of Finance shall inform the Ministry of Finance.

CHAPTER II

Of State Societies

Article 132. Legal status of State-owned companies.

1. The Council of Ministers is authorised to constitute one or more State-owned companies as provided for in Article 6.1 (1) of the recast of the General Budget Law, adopted by Royal Decree No 1091/1988 of 23 September 1988, the social object is the construction, exploitation or execution of the public works of water which the Council of Ministers itself determines.

2. Relations between the General Administration of the State and the State-owned companies referred to in the preceding paragraph shall be governed by the relevant conventions, after a favourable report by the Ministry of Economic Affairs, which shall be approved by the Council of Ministers and at least the following points shall be expected:

(a) The system of construction or operation of the hydraulic public works concerned.

(b) The powers held by the General Administration of the State in relation to the management, inspection, control and reception of the works, the ownership of which shall in any case correspond to the same.

(c) The economic contributions to be made by the General Administration of the State to the State-owned company, to which effect it may acquire the relevant multiannual expenditure commitments, without being subject to the limitations laid down in Article 61 of the recast text of the General Budget Law, adopted by Royal Decree No 1091/1988 of 23 September 1988. The provisions of this letter are, in any event, without prejudice to the contributions that the State company may receive from other public or private subjects, by virtue, where appropriate, of the conclusion of the relevant conventions.

(d) The guarantees to be established in favour of the entities that finance the construction or operation of the hydraulic public works.

3. In the case of contracts which the State-owned companies referred to in this Article conclude with third parties for the construction of hydraulic public works, the following rules shall be observed:

1. The provisions of the recast text of the Law on Public Administrations, approved by Royal Legislative Decree 2/2000 of 16 June, and the provisions implementing it, will be applied in the concerning the capacity of undertakings, advertising, tendering procedures and forms of award.

2. The clauses that are relevant to the proper defense by such state societies and by the General Administration of the State of the public interest concerned shall be included.

3. The administrative-administrative jurisdictional order will know of the issues raised in relation to the preparation and the award.

CHAPTER III

Of contracts for the construction and operation of hydraulic works

Article 133. Concept.

1. For the construction, conservation and exploitation of works and infrastructures linked to the regulation of water resources, their conduction, purification and desalination, and the sanitation and purification of waste water, the Public administrations may use the contract of construction and exploitation of hydraulic works, which will be governed by the precepts contained in this Law and, failing that, as provided for in the recast text of the Law of Contracts of the General government and other rules that are applicable for the purpose of the matter.

2. For the purposes of this Law, it shall be regarded as a contract for the construction and operation of hydraulic works, in which the construction, preservation and exploitation of works defined in the paragraph shall be considered as first, the consideration to the transferee consists of the right to receive the fee provided for in paragraph 1 (a) of Article 135 of this Law.

The granting administration, where there are reasons of public interest, social profitability or collective use, may compensate the concessionaire part of the planned public works, in the terms that are established in each case. corresponding contractual specifications.

Article 134. Legal regime.

1. The legal status of this contract shall be that laid down in the basic State legislation, with the following provisos:

(a) The period of exploitation of the work shall be that provided for in each specification of particular administrative clauses, without exceeding in any case of seventy-five years.

(b) The Administration may, in the contract, impose on the concessionaire a percentage of the construction of the work which represents, at least, 30 per 100 of the total value of the work, and must express a reasoned opinion. in the statement of particular clauses the reasons for the transfer. The selection of the transferee must follow the general rules of the works contracts.

(c) These contracts are exempted from the provisions of Articles 11.e), 62.c) and 69.4 of the recast of the Law on Public Administration Contracts. In any event, it shall join the dossier certification of credit commitments for future financial years and a report by the Ministry of Finance on the budgetary and financial aspects of the contract.

d) In accordance with the provisions of the article, 14.3 of the recast text of the Law on Public Administrations Contracts, in the case of compensation by the Administration to the concessionaire of part of the work (a) the payment is authorised to be carried out on a deferred basis, in accordance with the terms set out in the concession contract itself.

2. The granting of the contract for the concession of the hydraulic works referred to in Article 133.2 of this Law shall be considered an enabling title to occupy and use the land and public domain property necessary for the construction of the work and the production of the goods and services to which it is intended.

3. The legal regime for the use of the public domain necessary to implement the concession contract shall be as follows:

(a) The concessionaire shall have the right to privately use the public domain property included in the concession, and the benefit of the forced expropriation of the goods, land and rights affected, in the terms set out in the contract for the concession of hydraulic works.

(b) The works, goods and installations carried out by the concessionaire on the public domain shall be used, occupied and managed by the concessionaire until the expiry of the period for which the concession was granted, revert to the competent public administration.

c) Concessions will be eligible for registration in the Land Registry.

Article 135. Financial economic regime.

1. The economic and financial arrangements for the contract shall be governed by the following principles:

(a) The fees to be charged by the concessionaires shall be fixed by the competent administration including the operating, conservation and management expenses, the investment recovery and the cost of capital, in the terms provided for in the concession contract.

(b) The Administration shall ensure that the financial balance of the concession is maintained at all times.

2. The granting of the concession contract covered by the previous article may only modify the system of use of the water resources provided for in this Law, in that it is expressly derived from the provisions of this chapter.

3. The Government will regulate the precepts contained in this Law, especially as regards the economic-financial regime of the concessions.

Additional disposition first. Lakes, lagoons and charcas inscribed in the Land Registry.

The lakes, lagoons and charcas, on which there are express inscriptions in the Land Registry, will retain the Sunday character that will be held at the time of the entry into force of Law 29/1985, of August 2, of Aguas.

Additional provision second. Hydraulic management of the internal basins of an Autonomous Community.

The functions which, in accordance with this Law, exercise the basin organizations in those that exceed the territorial scope of an Autonomous Community, will correspond to the hydraulic administrations of those Communities that in their its own territory and by virtue of its autonomy statutes, exercise powers over the public hydraulic domain and are hydrographic basins within its territorial scope.

Additional provision third. Statistics on the evolution of inland waters.

The Ministry of the Environment will maintain a statistic that allows the monitoring of the evolution of the quantity and quality of the continental waters in relation to the characteristics defined in the Hydrological Plans.

Additional provision fourth. Actions to be carried out by the Geological and Mining Institute of Spain.

Without prejudice to the water management competencies established in this Law, the Geological and Mining Institute of Spain will formulate and develop research plans for the best knowledge and protection of the underground aquifers, and will provide technical advice to the various public administrations on groundwater-related matters.

Additional provision fifth. Powers of the Autonomous Communities in matters of spatial planning.

The possible limitations on land use and land reserves, as provided for in Articles 6, 11, 20, 1 (d), 43 and 96 of this Law, shall apply without prejudice to the powers that the Autonomous Communities may exercise in the field of land use and reserves. of spatial planning.

Additional provision sixth. Time-limits in files on hydraulic public domain.

For the purposes set out in Article 42.2 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the wording given to it by Law 4/1999, of modification of the above, the deadlines for resolving and notifying the resolution in the procedures regulated in this Law will be as follows:

1. Procedures relating to concessions in the hydraulic public domain, except those provided for in Article 68, eighteen months.

2. Procedures for the authorization of uses of the hydraulic public domain, six months.

3. º sanctioning procedures and other actions concerning the hydraulic public domain, one year.

Additional provision seventh. Over-exploited aquifers.

1. In aquifers declared over-exploited or at risk of being overexploited, groundwater concessions may be granted to allow the extraction of the resource only in drought circumstances previously established by the Governing Board of the Agency. of the basin and in accordance with the Plan of Management for the recovery of the aquifer.

2. The rights to use Article 54.2 and the rights to private waters referred to in the third transitional provision of this Law shall be subject to restrictions arising from the Plan of Management for the recovery of the aquifer or the limitations which, where appropriate, are laid down in accordance with Article 58, on the same terms as those laid down for water dealers, without the right to compensation.

Additional disposition octave. Hydraulic infrastructure improvement works for the Ebro Delta.

After the completion of the Plan for the improvement of the water infrastructure of the Ebro Delta, without prejudice to the competences of the State Hydraulic Administration, the hydraulic administration of Catalonia, in the part of the the catchment area of the Ebro situated in the territory of that Autonomous Community, shall carry out the works permitting better use of the resources of the Ebro provided for in Law 18/1981 of 1 July of action in water matters in Tarragona, with charge to the percentage of the fee entered to be definitively determined in the Hydrological Plan National.

First transient disposition. Holders of public water rights derived from the Law of 13 June 1879.

1. Those who, in accordance with the regulations prior to Law 29/1985 of 2 August, of Aguas, are holders of public water use by virtue of administrative concession or accredited prescription, as well as of occupation authorizations or use of the State's public domain, they will continue to enjoy their rights, according to the content of their administrative titles and what the Law 29/1985 itself establishes, for a maximum period of seventy-five years from the entry into force of the same, not to be fixed in its title other minor.

2. The use of water defined as public according to the regulations prior to Law 29/1985 of 2 August of Aguas, will be legalized by registration in the Register of Water, provided that its owners have accredited the right to the use of the appeal in accordance with the provisions of the transitional provision first 2 of that law.

The right to the use of the resource will be extended for a period of seventy-five years, counted from the entry into force of the Law, without prejudice to the Administration adjusting the flow of the use to the needs actual.

Second transient disposition. Holders of rights in private waters from springs, derived from the Law of 13 June 1879.

1. To the holders of any right under the Law of 13 June 1879, on private waters from springs that were used in whole or in part and obtained their inclusion in the Register of Water as temporary use of private waters, the scheme shall be respected for a maximum period of 50 years from 1 January 1986. Those who, at the end of that period, will find themselves using the flows, by virtue of a legitimate title, shall have the right to obtain the corresponding administrative concession in accordance with the provisions of Law 29/1985 of 2 of August, of Waters.

2. If the persons concerned have not established their rights under the second transitional provision 1, they shall retain their ownership in the same way as they have so far, but may not enjoy the administrative protection resulting from the registration. in the Water Register.

3. In any of the above cases, the increase of the total flows used, as well as the modification of the conditions or regime of the use, will require the appropriate concession that will cover the entire exploitation according to the established in this Law.

4. In any event, the water resources referred to in this transitional provision shall be applicable to the rules governing the overexploitation of aquifers, the uses of water in the event of a severe drought or urgent need, and in general relating to limitations on the use of hydraulic public domain.

Transitional provision third. Holders of rights in private waters from wells or galleries, derived from the Law of 13 June 1879.

1. Temporary use of private water from wells or galleries, registered in the Register of Water under the third transitional provision of Law 29/1985 of 2 August, of Water, shall be respected by the Administration, for a period of 50 years from 1 January 1986, in respect of the system of operation of the flow rates, and the right to obtain the corresponding administrative concession in accordance with the provisions laid down in Article 4 (1) of the Treaty. in that Law.

2. If the persons concerned have not accredited their rights, in accordance with the third transitional provision 1, they shall retain their ownership in the same way.

that until now, but they will not be able to enjoy the administrative protection that is derived from the inscription in the Register of Waters.

3. In any of the above cases, the increase of the total flow rates used, as well as the modification of the conditions or system of use, will require the appropriate concession to cover the entire exploitation, as established in this Law.

4. In any event, the use of private waters referred to in this transitional provision shall apply to them the rules governing the overexploitation of aquifers, the uses of water in the event of a severe drought or urgent need, and, in general, those concerning the limitations of the use of the hydraulic public domain.

Transitional disposition fourth. Record of the exploitation of waters qualified as private by the Law of 1879.

1. The use of waters qualified as private by the Law of 13 June 1879 may be entered in the Register of Waters at the request of its legitimate owners and for the purposes provided for in the second and third transitional provisions.

2. All the use of waters classified as private by the legislation prior to Law 29/1985 of 2 August of Aguas, shall be declared by their legitimate owners before the Basin Agency, within the time limits to be determined regulentarily.

The Basin Agency, after knowledge of its characteristics and capacity, will include them in the Catalogue of the use of private water in the basin.

3. Holders of the use of inland waters of any kind, who have not registered them in the Register of Water or included in the Basin Catalogue, may be subject to periodic penalty payments in the form and amount resulting from the application of the criteria set out in Article 117 of this Law.

Transient disposition fifth. Legal effectiveness of the Water Basin Plans.

Basin Hydrological Plans, approved prior to the enactment of the National Hydrological Plan, will have full legal effectiveness. The holders of administrative concessions granted under these Plans must be compensated, if they have not provided otherwise in their respective conditions, for the damages that, if any, irrogate the implementation of the Plan. National Hydrologic.

Transitional disposition sixth. Review of the characteristics of the registered use of the Public Water Register.

In the period and in the way that it is regulated, the basin organizations will review the characteristics of the benefits currently registered in the Register of Public Water Use, as a preliminary procedure. the transfer of their seats to the Water Register of the relevant catchment area.

Transitional disposition seventh. Update of securities within the meaning of Article 114 of this Law.

It shall only compute, for the updating of the investment values of works already carried out referred to in Article 114, the period that has elapsed since the date of entry into force of Law 29/1985, of 2 August, of Waters.

Transient disposition octave. Discharge control fee.

1. The discharge fee shall enter into force on 1 January 2002. In the tax period for the calendar year 2001, the discharge fee as set out in Article 105 of Law 29/1985 of 2 August of Water shall apply.

2. The provisions of Article 113 (5) of this Law for the management and collection of the charge for the control of discharges in the inter-Community basins shall apply to intra-Community basins without the transfer of powers.

Final disposition first. Civil Code supplant.

In all that is not expressly regulated by this Law, it will be in accordance with the provisions of the Civil Code.

Final disposition second. Regulatory development.

The Government and the Minister of the Environment, within the scope of their respective competences, may lay down regulatory standards that require the development and implementation of this Law.

Final disposition third. The validity of the statutes and ordinances of the user communities.

The statutes or ordinances of the communities of users already constituted shall remain in force, without prejudice to the fact that, where appropriate, they have to be revised in order to adapt them to the constitutional principles of representativeness and structure. democratic.