Spain: The new regulations on water reuse regulate the production, supply and use of reclaimed water
The fundamental objectives of the legislation is to guarantee the quality and safety of reclaimed water for the environment, human health and animal health, promote reuse and contribute to meeting water demands in a sustainable manner, reducing pressure on natural water resources.
On October 23, 2024 Royal Decree 1085/2024, of October 22, 2024, enacting the Regulations on water reuse and amending various royal decrees governing water management was published in the Official State Gazette (BOE).
The new legislation provides that the production and supply of reclaimed water will require authorization from the competent authority. Such authorization will be valid for ten years, being deemed to be renewed for successive periods equal to that authorized, subject to a maximum of three renewals.
On the other hand, the use of reclaimed water will require an administrative concession. Users that already hold a license allowing them to harness inland water and want to use reclaimed water must request a modification of the current concession.
Reclaimed water can be used for certain specific urban, agricultural, industrial, livestock or sporting purposes laid down in the legislation, and for other different purposes provided that they fulfill the quality conditions imposed. The use of reclaimed water will be subject to the provisions of the water reuse risk management plans and the competent authorities must ensure its correct use.
On the other hand, water reuse for the following purposes is forbidden:
- Direct human consumption, except in cases of a disaster declaration in which the health authority shall specify the quality levels required.
- Food companies in certain situations.
- In hospital facilities and other medical facilities.
- Filter feeding shellfish cultivation in fish farming.
- Recreational use such as water for bathing in artificial facilities.
However, health, environmental and agricultural authorities may, stating reasons, prohibit other uses that they consider to be a risk to human health and to the environment.
The new legislation also seeks to double the use of reclaimed water in Spain in the coming years, promoting reuse by establishing stricter objectives regarding discharges, the preparation of plans to promote water reuse related to urban uses or the allocation of financial incentives, such as subsidies or exemptions from water rates for the replacement of natural water resources with reclaimed water.
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