RD 1085/2024 vs. RD 1620/2007: Implications of the New Reuse Regulations

The publication of the Royal Decree 1085/2024 marks a significant step forward in the regulation of water reuse in Spain, bringing it into line with European standards and improving the previous legal framework, Royal Decree 1620/2007.

This article highlights the main differences and updates between the two regulations, aimed at professionals in the water sector and users interested in sustainable water management.

The 10 Key Points of the New Royal Decree 1085/2024

1. General Provisions: The creation of the “Transparent Water Management Seal“for those who meet targets for water information and sound water management.”
2. Chapter I: identifies the purpose of Royal Decree 1085/2024, which is to consolidate into a single document the legislation governing the reuse of reclaimed water in Spain, simplifying the applicable regulations as much as possible and encouraging its use.
3. Chapter II: explains the authorization application process for the production and supply of reclaimed water, specifying that the process will be initiated through the competent authority’s online portal.
4. Chapter III and APPENDICES: outline the potential uses reclaimed water.
5. Chapter IV: sets forth the quality requirements and conformity assessment. If the water is to be used for multiple uses, the most stringent conditions shall apply unless safeguards are in place for the most restrictive uses.
6. Chapter V: brings together relevant information about how to proceed with the risk management plans to identify hazardous agents, necessary barriers, or additional requirements to promote safe reuse.
7. Chapter VI: establishes measures to promote reuse, through subsidies and other tools. Local governments responsible for water supply, sanitation, and wastewater treatment serving populations of more than 50,000 must develop plans to promote the use of reclaimed water for urban purposes.
8. APPENDIX I: sets forth the quality requirements of reclaimed water, depending on its use.
9. APPENDIX II: clarifies the quality control from reclaimed water.
10. APPENDIX III: sheds light on Key Elements of Risk Management and Recommended Safeguards depending on the type of water and its intended use.

5 Key Differences Between the Two Regulations

1. Consolidation and clarification of responsibilities and compliance criteria

Unified regulations: Centralization makes it easier for all stakeholders to comply with and monitor regulations.

Defined responsibilities: Each participant in the water reuse cycle now has clearly defined responsibilities, from production to final consumption, which promotes more organized and efficient management.

2. Update to the Legal Framework for Reuse for New Uses

Flexibility for urban and recreational uses: Specific parameters are added for these uses, which enhance safety and control during activities in public settings.

Extended liability: Local authorities now have a clearer legal framework for implementing these uses, promoting reuse in sectors that previously faced limitations.

3. Transposition of European Regulation 2020/741

Compliance with European standards: Spanish regulations now include common quality and control standards, facilitating the export and trade of agricultural products that use reclaimed water. The RD 1085/2024 Not only does it incorporate and transpose European Regulation 2020/741, aligning Spanish regulations with EU requirements, but it also promotes alignment with the European Green Deal.

The goal is to promote the sustainable reuse of water, which will help reduce pressure on natural water resources, support the circular economy, and mitigate climate change. This translates into a a push toward more sustainable agricultural and urban practices, reducing the use of drinking water in favor of high-quality reclaimed water.

4. Exclusions from Use

Royal Decree 1085/2024 not only unifies and centralizes all regulations related to water reuse into a single set of rules, but also introduces exclusion criteria to prevent unintended consequences. This includes a prohibition on promoting the use of reclaimed water in vulnerable areas where its application would hinder the maintenance of ecological flow rate.

Its use is also excluded when reuse merely increases the water supply to meet new demands, thereby increasing pressure for water withdrawals and vulnerability to climate change.

The use of reclaimed water is prohibited in the food industry (except in very specific cases), in hospitals, for the cultivation of filter-feeding mollusks, in recreational swimming areas, and in any other case that health authorities deem a risk to human health or the environment.

The goal is to ensure that reuse is in line with environmental sustainability, while avoiding negative impacts on water availability, wetland inflows, etc.

5. Establishment of the Water Management Observatory

Under Royal Decree 1085/2024, the Water Management Observatory is established, an entity tasked with monitoring and analyzing the use of reclaimed water throughout Spain. This body will be responsible for collecting data, evaluating practices, and issuing reports to ensure transparency and continuous improvement in the management of reclaimed water resources. The Observatory will also provide a platform for sharing best practices and facilitate access to up-to-date information on water reuse.

Conclusion

The RD 1085/2024 It represents a necessary evolution in Spain’s regulations on water reuse, not only bringing them up to date but also aligning them with European standards and emphasizing sustainability. For companies and professionals in the sector, understanding and adapting to these differences is crucial for meeting current and future requirements regarding water resource management.