Canary Islands opens a month for allegations to the new water regulations

The Government of the Canary Islands has opened the public hearing and information process for the draft Decree approving the Integrated Regulation of the Hydraulic Public Domain of the Canary Islands, a regulation of more than 350 articles that replaces three current regulations. The General Directorate of Water, under the Ministry of Territorial Policy, Territorial Cohesion, and Water, published the announcement in the Official Gazette of the Canary Islands no. 187, dated September 17, 2026, and has set a one-month deadline for submitting allegations. The text is being processed via an urgent procedure and should be completed within the 2026 fiscal year.

The announcement, dated September 7, 2026, complies with Order No. 186/2026, of July 21, from the Minister of Territorial Policy, Territorial Cohesion, and Water (Book 2621), which agreed to initiate the drafting of the regulation and its urgent processing in accordance with Article 81 of Law 4/2023, of March 23, on the Presidency and the Government of the Canary Islands. The initiative replaces, integrates, and updates three regulations: Decree 86/2002, of July 2, approving the Regulation of the Hydraulic Public Domain; Decree 174/1994, of July 29, approving the Regulation for the Control of Discharges for the Protection of the Hydraulic Public Domain; and Decree 276/1993, of October 8, approving the Sanctioning Regulation on water matters.

Prior to drafting the bill, the previous public consultation under Article 80.2 of Law 4/2023 was carried out, published on the Citizen Participation Portal of the Government of the Canary Islands between March 6 and 25, 2026, the assessment report of which received contributions is included in the administrative file.

A regulation of more than 350 articles for seven islands

The project comprehensively organizes the regime of the hydraulic public domain, the granting and regime of water uses, the control of discharges, and the sanctioning regime regarding water across the entire Archipelago. It consists of more than three hundred and fifty articles and their technical annexes, and its territorial scope is distributed among the seven insular hydrographic demarcations.

The regulation affects the rights and legitimate interests of an indeterminate number of people: holders of water uses and concessions, holders of discharge authorizations, promoters of hydraulic works and installations, water communities, local entities, and users in general.

A one-month deadline compared to the seven days of the urgent procedure

The one-month period, computed from date to date in accordance with Article 30.4 of Law 39/2015, of October 1, on the Common Administrative Procedure, begins to count the day following the publication of the announcement. Order No. 255, of September 7, 2026, complementary to Order No. 186/2026, thus extends the seven-day period that Article 81.2.b) of Law 4/2023 reserves for procedures processed urgently.

The General Directorate of Water justifies the extension based on four reasons:

• The scope and technical complexity of the regulatory project, consisting of more than 350 articles and technical annexes.
• Its status as a general provision relating to the protection of waters, included in Article 18.1.a) of Law 27/2006, of July 18, and subject to the Aarhus Convention, of June 25, 1998.
• The plurality and territorial dispersion of the recipients, distributed among the seven insular hydrographic demarcations.
• That the measure expands and does not restrict participation, without prejudice to any person, and is compatible with the conclusion of the procedure in 2026.

How and where to submit allegations

The draft decree, the justifying report of the regulatory initiative, and the assessment report of the prior public consultation will be available during the public information period at two addresses:

• The Citizen Participation Portal of the Government of the Canary Islands, in the specific section of the Ministry of Territorial Policy, Territorial Cohesion, and Water, where allegations may also be formulated.
• The website of the Ministry of Territorial Policy, Territorial Cohesion, and Water (gobiernodecanarias.org/aguas).

Allegations may likewise be submitted through any of the means provided for in Article 16.4 of Law 39/2015, addressed to the General Directorate of Water. The procedure is carried out in parallel with the hearing of organizations and associations representing the affected interests, and the sectoral participation process on the draft will be developed according to the calendar published by the Ministry.

The regulation will unify the water regime of the islands into a single text and will replace three decrees with more than three decades of validity; therefore, its content will affect concessions, discharges, and sanctions for thousands of users and the municipalities of the Archipelago. The announcement is signed by the Director General of Water, José Miguel García Leal, in Las Palmas de Gran Canaria on September 7, 2026.

Source: Official Gazette of the Canary Islands, no. 187, September 17, 2026, V. Announcements, page 34822 (official reference: BOC-A-2026-187-3277).