New Valencian law on reclaimed water: hydraulic works without municipal license

The Consell has approved Decree-law 7/2026, of October 23, which amends Law 2/1992, of March 26, on wastewater treatment of the Comunitat Valenciana, to incorporate the production and supply of reclaimed water into its scope and to exempt hydraulic works of community interest from municipal licensing. The regulation is published in the Official Gazette of the Generalitat Valenciana number 10482, of October 29, 2026, in section I of general provisions, with official reference CVE: DOGV-C-2026-32184, and enters into force on the day following its publication.

A decree-law for the drought and the water transfer

The preamble justifies the urgency based on the water stress of the territory and, expressly, on the situation of the Segura basin and the reduction of the Tajo-Segura transfer. The text cites the report of the Central Exploitation Commission of the Tajo-Segura Aqueduct from August 2026: as of August 1, the volume stored in Entrepeñas-Buendía was 1,421.2 gross hm³ and 1,312.5 effective hm³, which placed the system at Level 1 and allowed for the authorization of 60 hm³/month. For September 2026, the report predicts a transition to Level 2, with a maximum of 27 hm³/month, within the annual limit of 650 hm³.

The European and state framework consists of Regulation (EU) 2020/741, Royal Decree 1085/2024, of October 22, and Directive (EU) 2024/3019. The regulation is approved with a waiver of the prior public consultation, hearing, and public information procedures in accordance with Law 3/2026, of June 29. It is signed by the president Juan Francisco Pérez Llorca and the third vice-president and conseller of Environment, Infrastructure, Territory and Recovery, Vicente Martínez Mus.

Municipal licensing and works of community interest

The new section 2 of article 2 declares the production and supply of reclaimed water to be of community interest, provided that the reuse system is included in the hydrological planning; this consideration covers pipelines up to the delivery point, ponds, tanks, and renewable energy installations to reduce operating costs. Section 3 establishes that:

• Hydraulic works of community interest and those of supra-municipal scope included in the hydrological planning, as well as their management and operation, shall not be subject to licensing or municipal preventive control under articles 84 and following of Law 7/1985, regulating the Bases of Local Regime.
• They shall also not require the municipal environmental control under article 13.1.b of Law 6/2014, on Prevention, Quality, and Environmental Control of Activities.
• The promoting body must open a hearing process prior to the affected local entities and, where applicable, for the purposes of adapting urban planning.
• Planning, construction, and operation shall be subject to environmental assessment according to current legislation.

New Chapter and the role of the EPSAR

A Chapter VII is introduced into Law 2/1992, containing articles 56 and 57. Treated waters may undergo additional treatment to adapt them to their new use, must comply with basic reuse conditions, and may only be destined for uses compatible with hydrological planning, ensuring the protection of human health, animal health, and the environment. The Generalitat will promote reuse through economic instruments and may grant aid to the regenerated water concessionaire in accordance with article 109 quinquies of the consolidated text of the Water Law.

The EPSAR may be the holder of the production and supply authorization and must submit, along with the application, the Risk Management Plan for regenerated water to the basin authority; its responsibility shall not extend beyond the compliance point of the regenerated waters. Investments in regeneration plants and their operating costs up to that point will be financed through the sanitation levy, as will the storage and distribution infrastructures up to the delivery point, as long as no specific regime exists.

Extension for the Vega Baja

The second final provision extends the execution deadline from November 30, 2026, to November 30, 2028, for works subsidized by Decree-law 13/2021 and Decree-law 13/2022, destined for sustainable urban drainage systems and cleaning actions in municipalities of the Vega Baja del Segura and Crevillent. The Consell argues the increase in material costs, void tenders, and difficulties in deed-transferring land, and warns that without the extension, city councils would have to return the aid.

The regulation directly affects municipalities and irrigators: the former lose the licensing authority over these works, although they retain the hearing process, while agricultural users gain a legal and financial framework to access reclaimed water flows in a context of structural drought and reductions in the water transfer. The sole transitional provision maintains the activity of existing reuse systems in accordance with their current authorizations.

Source: Official Gazette of the Generalitat Valenciana, no. 10482, October 29, 2026, section I. General provisions, page 1 (official reference: DOGV-C-2026-32184).