La planificación hidrológica en Andalucíanormativa y desarrollo

  1. Martín Martín, Jesús Enrique
Dirigée par:
  1. María Carmen Núñez Lozano Directrice

Université de défendre: Universidad de Huelva

Fecha de defensa: 19 juillet 2022

Département:
  1. DERECHO PUBLICO Y DEL TRABAJO

Type: Thèses

Résumé

The Lag's preamble recognized that "water is a scarce natural resource, indispensable for life and for the exercise of the vast majority of economic activities: it is irreplaceable, non-expandable by the mere will of man, irregular in its form of presentation in time and space, easily vulnerable and susceptible to successive uses". In order to guarantee an efficient and sustainable administration and management of this scarce resource, it is necessary, as has been demanded since the 1960s, the planning activity of the competent Administration, whether state or autonomous. Hydrological planning, as such and saving the antecedents of the hydraulic works plans of the 20th century, begins with the aforementioned LAg and with Royal Decree 3029/1979 which regulated the carrying out of preliminary studies for the first PHCs approved in 1998. This regulation would later be modified by the TRLA and the WFD to include, among other issues, the perspective of quality and "ecological harmony" in water policy. In 1978 the CE established the state of the autonomies, which in two speeds allowed the Autonomous Communities to access the competences in hydraulic uses, canals and irrigation when the waters run through more than one CA. The statute of autonomy of Andalusia included in its article 13.12, approved by Organic Law 6/1981, the exclusive competence in "Hydraulic resources and uses, canals and irrigation, when the waters pass only through Andalusia. Groundwater when its use does not affect another territory". This faculty was not accompanied by the assumption of the functions and services associated with the Mediterranean intra-community hydrographic basins belonging to the extinct CH del Sur and the Atlantic of Tinto, Odiel, Piedras, Guadalete, Barbate, which were postponed to 2004 and 2005 with Royal Decrees 2130/2004 and 1560/2005 respectively. This is despite the proposed law of the Parliament of Andalusia of 19/02/1998 approving the proposal of the Bureau for the Andalusian Agreement for Water to "demand before the central Government the urgent transfer of competences and resources".