Environmental Law · Sub-area
Water & Discharges
Penalties for unauthorised discharges into the public hydraulic domain can reach €1,000,000. Each River Basin Authority and coastal region has its own inspection and sanctioning criteria. The defence requires specialised technical and legal knowledge.
Regulatory framework: RDL 1/2001 and RD 849/1986
Water law in Spain rests on RDL 1/2001 (Consolidated Water Act), which establishes the State's public hydraulic domain, the concession regime, discharge authorisations and the sanctioning system. RD 849/1986 (Public Hydraulic Domain Regulation) develops the technical conditions of authorisations, parameter-based emission limits and the control and inspection procedure.
The framework is completed by the transposition of the Water Framework Directive (WFD, 2000/60/EC), which requires achieving good ecological status of water bodies, and the Industrial Emissions Directive (IED), which sets emission limit values (ELVs) for facilities subject to Integrated Environmental Authorisation (AAI). Regions have developed their own sector regulations on discharges into their intra-regional basins and coastal waters.
Sanctioning power is divided between the River Basin Authorities (inter-regional basins), the regions (intra-regional basins and inland coastal waters) and MITECO's Directorate-General for the Coast and the Sea (discharges into territorial waters). This fragmentation of jurisdiction requires precise knowledge of which authority to approach in each case.
Regulatory reference
Deadlines and amounts: reference table
Penalty amounts (RDL 1/2001)
| Type of infringement | Maximum penalty | Common examples | Limitation period |
|---|---|---|---|
| Minor infringement | Up to €10,000 | Discharges exceeding authorised limits by less than 20%, formal breaches of the authorisation | 1 year |
| Serious infringement | Up to €500,000 | Discharges exceeding authorised limits by more than 20%, discharges not reported to the River Basin Authority, breach of authorisation conditions | 3 years |
| Very serious infringement | Up to €1,000,000 | Unauthorised discharges causing serious damage to the public hydraulic domain, discharges of hazardous substances in quantities causing serious contamination | 5 years |
Key procedural deadlines
| Item | Deadline | Rule | Note |
|---|---|---|---|
| Discharge authorisation into public watercourses | 5 years (extendable up to 10) | Art. 100 RDL 1/2001 | Granted by the competent River Basin Authority |
| Maximum validity with extensions | 10 years | Art. 101 RDL 1/2001 | Renewal request: 3-6 months in advance |
| Limitation period, minor infringement | 1 year | Art. 116 RDL 1/2001 | From the act |
| Limitation period, serious infringement | 3 years | Art. 116 RDL 1/2001 | Interrupted by the opening decision |
| Limitation period, very serious infringement | 5 years | Art. 116 RDL 1/2001 | From completion, for continuing infringements |
| Administrative appeal to MITECO | 1 month | Art. 121 Law 39/2015 | From notification of the decision |
| Judicial review | 2 months | Art. 46 LJCA | From notification of the express decision |
| Lapse of the sanctioning proceedings | 1 year | Art. 21 Law 39/2015 | No decision → proceedings lapse |
Jurisdiction
Which authority to approach?
The fragmentation of jurisdiction over water matters is one of the most complex aspects of Spanish environmental law. Approaching the wrong authority can lead to appeals being inadmissible or proceedings being void.
River Basin Authorities (CH)
Inter-regional basins
Miño-Sil, Duero, Tajo, Guadiana, Guadalquivir, Segura, Júcar, Ebro, Eastern Cantabrian, Western Cantabrian, Galicia-Coast. Grant discharge authorisations into river channels within their districts and process sanctioning proceedings.
Regions (intra-regional basins)
Internal basins of each region
Catalonia (ACA), Basque Country (URA), Andalusia (CAGPDS), Balearic Islands, Canary Islands and other regions with their own jurisdiction over basins entirely within their territory. Also competent for discharges into inland coastal waters.
DGA — Coast and Sea
Sea discharges from land
Directorate-General for the Coast and the Sea (MITECO): authorises discharges into territorial waters from land. Processes proceedings for discharges into the maritime-terrestrial public domain when not within the jurisdiction of the coastal region.
How we can help
Water and discharges services
Discharge authorisations
Processing of new discharge authorisations before the competent River Basin Authority or region. Renewal and amendment of current authorisations. Analysis of applicable emission limits and negotiation of technical conditions.
Defence in sanctioning proceedings
Representation before River Basin Authorities and regions in proceedings for unauthorised discharges or breach of discharge conditions. Technical submissions backed by expert opinion, challenging sampling and analysis carried out by the authorities, and defence at the hearing stage.
Appeals to MITECO and judicial review
Administrative appeal to MITECO against River Basin Authority penalties. Judicial review before the National Court and the regional High Courts. Requests for interim suspension when the penalty amount could cause irreparable harm.
Compliance audits (water compliance)
Review of the status of discharge authorisations, verification that periodic analyses and the self-monitoring system are adequate, and detection of risks before they are found during a River Basin Authority or regional inspection.
Expropriation and demarcation of the public hydraulic domain
Defence of the rights of owners affected by demarcations of the Public Hydraulic Domain (DPH). Challenging incorrect demarcation operations and claiming compensation for occupation of private land wrongly incorporated into the DPH.
Water concession management
Processing of surface and groundwater concessions for industrial and agricultural uses. Opposition to third-party concessions affecting pre-existing rights. Defence against lapse or review proceedings for concessions.
Frequently asked questions about water and discharges
What authorisation do I need to discharge into public watercourses in Spain?
Discharges into inland public watercourses require a discharge authorisation granted by the competent River Basin Authority (art. 100 RDL 1/2001), valid for 5 years, extendable up to 10. For discharges into coastal waters or the sea, jurisdiction lies with the coastal region or the Directorate-General for the Coast and the Sea (MITECO). Discharging without prior authorisation is never permitted.
How much can an unauthorised discharge be fined in Spain?
RDL 1/2001 (Water Act) sets out: minor infringements up to €10,000, serious infringements up to €500,000, very serious infringements (serious contamination of the public hydraulic domain) up to €1,000,000. Restoration measures and the cost of emergency actions carried out by the authorities may be added to the financial penalty.
When do water-related infringements become time-barred?
The limitation periods under RDL 1/2001 are: minor infringements, 1 year; serious infringements, 3 years; very serious infringements, 5 years. The period runs from the act or, for continuing infringements, from its completion. Notification of the opening decision interrupts the limitation period.
Which authority hears an appeal against a River Basin Authority penalty?
River Basin Authority penalties are first appealed through an administrative appeal to MITECO (1 month from notification). Once administrative remedies are exhausted, a judicial review before the National Court is available (amounts over €600,000) or before the regional High Court for the basin authority's region, within 2 months.
What happens if my discharge authorisation expires without being renewed?
Continuing discharges after expiry without requesting renewal constitutes a serious or very serious infringement (unauthorised discharge) under RDL 1/2001. The River Basin Authority may open sanctioning proceedings and order the immediate suspension of the activity. It is essential to request renewal at least 3-6 months in advance of the expiry date.