Legal Analysis and Case Study on the Choice between Setting Environmental Flows by Using Reclaimed Water in Non-Permanent Rivers and the Sustainable Management of Groundwater in Southeast Spain

Abstract

This article studies the interaction between two environmental objectives actively pursued in water governance. On the one hand, the convenience of establishing or raising a minimum circulating flow in surface water bodies so to improve their quantitative and qualitative status. On the other hand, the need to carry out an intelligent management of aquifers avoiding their overexploitation. In the case study, the proposal consisting of increasing the minimum flow rate on a non-permanent river by means of discharging reclaimed water is studied. Such strategy jeopardizes the recovery of a number of overexploited aquifers since reclaimed water is currently being used for farming under the condition to proportionally reduce groundwater withdrawals. The aim is to discuss whether it is reasonable and rational to ensure continuous flows in water courses which do not have that pattern according to their natural dynamics to the detriment of other environmental or socioeconomic goals. In order to help decision makers to make a right choice, a set of criteria based on legal principles is proposed. According to the principles of minimum intervention, rationality and reasonableness, proportionality, and water economy, it is concluded that the use of reclaimed water to set higher environmental flows in discontinuous and ephemeral streams should only have a minor role in water policies, especially whether it may jeopardize other critical environmental goals.