Case Study 1: Matarraña River Basin - Euwareness

3. Regulative system and de facto use rights
The regulative system is provided mainly by the Royal Decree Legislative 1/2001. This
rule is a codifying legislation of the different modifications (above all the 46/99 Water
Act) upon the 29/1985 Water Act, which has been formally abolished. There is also the
Reglament of Public Hydraulic Domain adopted in 1986, that develops and concretises
the Water Act prescriptions, the Ebro Hydrological Plan (Royal Decree 1664/1998, 24 th
July), and finally, the National Hydrological Plan (NHP Act 10/2001, 5 July). The
principal aim of this plan, in practice, is the regulation of the basin Ebro water diversion
to the Júcar (CA Valence), Segura (CA Valence and Murcia) and internal Catalonia
basins. Otherwise, the part of the Ebro basin affected by this Act is placed in the south
of the Matarraña basin, so, it doesn’t directly affect to this area.
Apart from this regulation, no regional legislation on water regime in the Autonomous
Community of Aragon is operating although it has to be said that in 1992 the
Parliament of Aragon adopted a political agreement upon water, that contained the
main criteria for a water policy in the area, and that later has been included in the Ebro
basin Hydrological Plan.
Other than that, sectoral legislation completes the water regime system: the RD
11/1995 incorporating the 91/271 Directive on urban waters, the 41/1997 incorporating
the 43/92 Habitats Directive, the RD 2419/1979 on the assemblies and governing
boards of hidrographical confederations, and the 2000/60 EU framework directive on
water. The main aspects of water regime are included in the following tables.
Common uses
Special common
uses
Privative uses
Uses
Drinking, bathing, domestic uses and cattle feed
No administrative authorisation is required
Navigation and flotation, establishment of passing ships and
embankments, other uses that do not exclude the use of water by third
parties
Administrative authorisation is required
Uses that exclude the use of water by third parties
They are acquired through legal disposition or administrative concession
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