The transfer of water is carried out through a contract signed between two concessionaires or holders of any right to the private use of the water, subject to administrative authorization by the corresponding basin organization (agreements or conventions are exempt from this legal regime. that are held between users of the same community). II.-Regulation The transfer of water is stipulated in articles to of Section , of Chapter III, Title IV, of Royal Legislative Decree /, of July , which approves the consolidated text of the Law of Waters (TRLA), in accordance with the provisions of articles to , of Chapter I, Title VI, of the Hydraulic Public Domain Regulations (RDPH). III.-Object of the contract The purpose of the transfer of water is for the transferee to temporarily transmit partial or total use of the water use rights that correspond to the transferor , entailing - in most cases - an economic compensation set by mutual agreement between the parties (which may be the maximum amount for said remuneration to be established in a regulatory manner).
This type of contract was implemented in the legal system as a mechanism to make the strict concessional regime for the private use of the public domain of waters introduced by the Water Law of more flexible. In no case may the annual volume susceptible to transfer exceed that actually used by the Canada Mobile Number List transferor and the values of the volume effectively disposed of during the last five years must be taken into account. IV.-Authorized subjects The power to carry out the water transfer contract is limited: To surface or groundwater concessionaires. To the holders of some temporary right to the private use of water. On the other hand, they cannot be part of a water transfer contract : Holders of concessions or authorizations granted to precarious workers. The holders of special authorizations (those issued to the bodies of the Central Administration or the Autonomous Communities). V.-Requirements Water transfer contracts must be formalized in writing and will have at least the following distinctions: Identification of the contractors. Administrative concession or legal title that guarantees the right to privately use the waters that are the subject of the contract.
Annual volume susceptible to transfer and appreciation of the volume available for reuse. Financial compensation, if any. Use that will be given to the transferred flow. Express recognition of the properties that the transferor renounces to irrigate or undertakes to irrigate with less provision during the contract, as well as that of the properties that the acquirer will irrigate with the transferred flow (only for transfers between irrigation water users). Assignment period. Hydraulic facilities or infrastructures necessary for the material realization of the transfer. Justify that the concession is not found to have expired due to expiration. Once the water transfer contract has been formalized , the parties must inform the basin organization and the user communities to which they belong by transferring said agreement within a period of fifteen days from its materialization, taking into account the interested communities in the same period of time the possibility of arguing what they deem relevant. If the requirements are not met, the authority may agree to the expiration of the grantor's concessional right. VI.-Particularities Hydraulic infrastructure and inter-basin connection When the use of hydraulic facilities or infrastructure belonging to third parties is necessary to achieve the purpose of the transfer, their use will be established by agreement between the parties.