Integrated water resources management
International legal framework
Europe The framework directive 2000/60/EC of the European Parliament and of the Council, of October 23, 2000, establishes a community framework for action in the field of water policy. Through this Directive, the European Union organizes the management of surface, continental, transitional, coastal and groundwater waters, in order to prevent and reduce their pollution, promote their sustainable use, protect the aquatic environment, improve the situation of aquatic ecosystems and alleviate the effects of floods and droughts.
International Agreements In 1998 Spain and Portugal formed the “Cooperation Agreement for the protection and sustainable use of the waters of the Spanish-Portuguese hydrographic basins”, better known as the Albufeira Convention. It is applicable to the basins of the Miño, Limia, Duero, Tajo and Guadiana rivers, which represent 41% of the total surface area of Spain and 62% of that of Portugal. As a novelty of this agreement, Spain acquired the commitment to provide Portugal with minimum annual contributions depending on the hydrological situation.[30].
National legal framework
The Water Law of 1985 Archived May 16, 2008 at the Wayback Machine. It was published in the Official State Gazette on August 2, 1985 and came into force on January 1, 1986. Today the current regulation is given by Royal Legislative Decree 1/2001, of July 20, which approves the consolidated text of the Water Law. This text substantially maintains contents of the previous legislation. Its basic principles include:
The public nature of waters One of the most innovative contributions of the Law is to establish that all continental, surface and underground waters are an integral part of the public hydraulic domain. In this way, individuals only acquire the right to use it, not the ownership of the water, except for the rights acquired under previous legislation that considered groundwater as the property of the owner of the property where it was located. Its allocation and use therefore requires prior administrative concession and its allocation corresponds to the Administration, without the market intervening. The extraordinary power conferred on the Administration has not been matched by an adequate provision of personal and material resources, which explains the lack of control of thousands of clandestine wells and the overexploitation of aquifers.[11].
Hydrological planning The Law establishes Hydrological Planning as an instrument for organizing water management in the basin. Hydrological plans are not simple works programs but instruments of a normative nature that adapt the generic provisions of the law to the unique conditions of each basin. Despite the Hydrological Plans being key pieces for the application of the Law, their preparation has been slow and their approval has suffered significant delays.
Basin organizations Basin organizations are the entities in charge of preparing the hydrological plans of the inter-community and intra-community basins as a specialized, decentralized and participatory authority for water planning and management.
Law 29/1985 has been modified by Law 46/1999, delving into environmental aspects such as the authorization of discharges, the discharge control fee, reuse of wastewater and desalination of seawater. Of particular interest is the introduction of contracts for the transfer of water use rights, the first step towards the creation of an incipient water market at the national level.
The Regulation of the Hydraulic Public Domain"), was approved by Royal Decree 849/1986, of April 11.[31].
Institutional framework
An institutional framework is made up of public or private entities that interact in order to provide goods and services linked to water that meet the basic requirements of the population, allow the maintenance of ecosystems and make possible the development of economic activities. This complex institutional framework in which elements with concurrent and even shared powers coexist, making coordination – not always easy – between different institutions necessary.
The Ministry for the Ecological Transition is the national authority for water resources management. The Ministry exercises this function through the General Directorate of Water, which is responsible for:
The National Water Council, already provided for in the 1985 Law, is the highest advisory body with hydrological planning functions in Spain. These basically consist of mandatory reporting on the National Hydrological Plan project and the Basin Hydrological Plans, among others.
The basin organizations are the highest authority in the management of water resources at the basin level and are in charge of the administration of the public hydraulic domain, including the allocation of resources, which can be done well under the figure of the administrative concession; the auction of quotas or market mechanisms or any other formula, as well as the allocation of discharge permits (quotas).
The public administration, through entities included between the State or Autonomous Administration itself and the Local Entities, is responsible for promoting economic activities linked to water and their public promotion. City councils play a very important role in providing final services to users, such as those corresponding to the supply of drinking water, sanitation and purification. There is a growing trend towards the participation of the private sector in these services through administrative concessions, with the municipality retaining the regulatory function.
The private sector also performs a relevant function in the management of water resources as far as the end user is concerned. The User Communities (called Irrigators when the priority use of water is irrigation) and the concessionaires with rights to private use of the resource are the two main institutions that shape the participation of the private sector in this field.
Water quality management is carried out by different administrations, regional, local or central, depending on whether it is an intra-community or inter-community section. This competency framework presents a challenge in terms of the coordination of the different activities.
National hydrological plan
The National Hydrological Plan is an instrument for water management and rebalancing aimed at the sustainable use of water and the environmental recovery of the public domain and affected environment. It is not intended to promote the use of water or increase water supply and demand, but rather it should be aimed at correcting existing supply problems both for supply to the population and for various economic activities, particularly irrigation, and to eliminate the problem of degradation of the public hydraulic domain and overexploitation of aquifers.[11] The National Hydrological Plan, approved in 2001 under the government of José María Aznar (Popular Party), provided for the transfer of 1050 hm³ of water from the Ebro River to the Mediterranean coast. This Plan found great popular opposition, especially from the Catalan and Aragonese regions.[32].
The government of José Luis Rodríguez Zapatero (PSOE) approved the A.G.U.A. Program. (Actions for the Management and Use of Water), which proposes supplying the Spanish east through the construction of desalination plants and eliminating the transfer of the Ebro. This measure has also had popular rejection, this time from the provinces of the Levant.[33] Other important aspects of the A.G.U.A. Program. is the emphasis on popular and autonomous community participation in water management carried out by hydrographic basins. The A.G.U.A. Program It has begun to be applied to the Mediterranean coast (Southern, Segura, Júcar, Ebro and Internal Basins of Catalonia Hydrographic Basins) and plans to extend it to the rest of Spain in the coming years.
Basin organizations
Starting in 1926, water management in Spain was decentralized, adapting territorially to the basin level. This administration model that has been used in other countries, especially in Latin America, represents a good management practice.
The powers over the public hydraulic domain are exercised directly by the State through the Hydrographic Confederations if the corresponding basin extends across several autonomous communities (intercommunity basins). Currently there are nine Hydrographic Confederations: Norte, Duero, Tajo, Guadiana, Guadalquivir, Sur, Segura, Júcar and Ebro. The hydrographic confederations occupy approximately 85% of the Spanish territory.
In the case of intra-community basins, all the powers have been transferred to the corresponding autonomous community, which exercises them through specific organizations. Royal Decree 125 of 2007 added new demarcations to the existing ones, with a total of seven: Galicia-Coast, Basque Country, Catalonia, Atlantic Andalusia, Mediterranean Andalusia, Balearic Islands and Canary Islands.
[34].
Hydrographic confederations are public law entities with their own legal personality, different from that of the State, with full functional autonomy, attached, for administrative purposes, to the Ministry of the Environment and Rural and Marine Environment or to the corresponding departments in the autonomous communities. In accordance with the 1985 Law, the functions of the hydrographic confederations are: the preparation, monitoring and review of the basin Hydrological Plan, the administration and control of the public hydraulic domain, granting authorizations and concessions and monitoring compliance with them; the design, construction and operation of works carried out with its own funds and those entrusted to it by the State or other territorial entities; and any other function that emanates from the agreement of the confederation with other public or private entities.
Each Confederation executes its functions through a set of bodies: government, planning and management. The governing bodies are the president and the Governing Board. The President is responsible for the highest executive and representation functions of the organization. He is appointed and dismissed by the Council of Ministers at the proposal of the Minister of the Environment and Rural and Marine Environment, and there is no deadline for the exercise of his mandate. The Governing Board is the collective governing body and is made up of representatives of the users, representatives of the different Ministries and local representatives. Its composition varies depending on the specific characteristics of each Confederation but, in any case, the users – who are elected in the User Assembly – are at least a third of the total.
The Planning body is constituted by the Basin Water Council. Its composition is similar to that of the Governing Board, always with a presence of no less than a third of users, although with a greater number of people incorporating conservation organizations as well as independent technicians of recognized prestige.
Example of water resources management at the basin level – The Guadalquivir Hydrographic Confederation
The largest authority at the basin level is the Guadalquivir Hydrographic Confederation, created by the central government in 1927 and is the second of its kind following that of the Ebro created in 1926. The confederation is attached to the Ministry of the Environment since the Guadalquivir passes through two autonomous communities. Within the framework of its jurisdiction, the decisions made with the confederation are final and can only be discussed in court and due to excess of jurisdiction. The confederation also has sanctioning power. The president of the confederation, currently Mr. Francisco Tapia Granados, has executive and representative functions of the confederation and is appointed and dismissed by the council of ministers at the proposal of the Ministry of the Environment. There is no deadline for the exercise of his mandate.
The legal and institutional development produced in the last two decades has been accompanied by a friction in the competencies of the different institutions in charge of water management in the Guadalquivir basin. According to a study by William Blomquist, the confederation appears to remain focused on tasks related to development and initiatives such as licensing and demand management. These tasks have been carried out with little rigor and few positive results. The water deficit continues to be a problem that increases the area's vulnerability to droughts. Likewise, flooding continues to be a problem despite the amount of hydraulic works produced because urban development and the agricultural frontier have extended to areas prone to flooding. Irrigation water rates are based on acreage cultivated rather than the amount of water used, providing no financial incentive to save. The president of the confederation continues to have great weight in decision-making while the incorporation of interest groups in decision-making is being carried out slowly, causing the confederation to continue to be seen as a group focused on irrigation, rather than the decision-making forum for all water users. Finally, the confederation remains financially dependent on the central government, despite the fact that it has the power to administer all water rates collected in the basin. In 2001, the confederation made public an annual budget of 115,800,000 euros, 35% coming from the central government, 30% from water users, and 35% from other sources of income.[35].