Instruments of administrative concessions of water use rights in Spain

Antônio Pereira Magalhães Junior,Pedro Brufao Curiel

doi:10.1590/2318-0331.0217170011

Antônio Pereira Magalhães Junior, Pedro Brufao Curiel

Open Access

https://doi.org/10.1590/2318-0331.0217170011

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Abstract

ABSTRACT Most of the Spanish territory is marked by Mediterranean climatic characteristics, in which rain irregularity and droughts present continuous challenges to water resource managers. Since the end of the 19th century, the country has adopted a management logic based on flow regularization from dam construction and basin water transfers. However, from the Water Framework Directive adopted in 2000, European Union member states are forced to undertake more environmentally oriented management processes, with a focus on improving the ecological status of water bodies. In this sense, economic management tools have been highlighted in the national strategies for compliance with the Water Framework Directive requirements. One of those instruments is the public water use rights permit. This paper aims to present the Spanish panorama of this instrument and contribute to those interested in water management. The work shows that there are several challenges and problems faced by the Spanish management apparatus, particularly regarding continuity of private management of groundwater and insufficient knowledge of numerous wells and volumes of water used. For various reasons, the concessions system faces criticism as to defending the interests of traditional economic sectors.

Highlights

The Mediterranean conditions that affect two thirds of the Spanish territory make the country the most arid of Europe (LLAMAS et al, 2015) and shape different management challenges for neighboring countries
The Water Law of 1866 was the first water regulation code in the world, but it had a short duration of only two years
Proper functioning of the legal and institutional concession apparatus is essential for water/land-use control, but there are several challenges to achieving this standard

Summary

Introduction

The Mediterranean conditions that affect two thirds of the Spanish territory make the country the most arid of Europe (LLAMAS et al, 2015) and shape different management challenges for neighboring countries. Rainfall irregularity and frequent droughts aggravate the connection between water availability and demands. This framework was traditionally taken as a cause of “hydrological and socio-economic imbalances” between the North Atlantic “wet Spain” and the Mediterranean “dry Spain” (GARCÍA FERNÁNDEZ, 2004). Water management is one of the most important challenges for Spanish society in the 21st century. The Cortes de Cádiz, which approved the Constitution of 1812, established the public character of hydraulic use and intensified political concerns regarding water planning (SÁNCHEZ-MARTÍNEZ et al, 2011). The Water Law of 1866 was the first water regulation code in the world, but it had a short duration of only two years. In 1985 the Water Law was passed, regulating the general framework of the terrestrial waters domain ever since

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