Advanced Search

Hydraulic Works Jujuy-Expropiation-Tasas-Canon Of Riego-Consejo National Agrarian - Full Text Of The Norm

Original Language Title: OBRAS HIDRAULICAS JUJUY-EXPROPIACION-TASAS-CANON DE RIEGO-CONSEJO AGRARIO NACIONAL - Texto completo de la norma

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos

Law 12.654

GREAT AND LAVAYN RIOS WATER ADOPTION IN JUJUY.

BUENOS AIRES, September 25, 1940


The Senate and the Chamber of Deputies of the Argentine Nation,
in Congress, etc.
_

Article 1.- The executive branch will build in the province of Jujuy, in accordance with the requirements of this law, the hydraulic works of exploitation and integral use of the flows of the Great River and its tributaries, and the River Lavayén.

Art. 2.- The expenses that demand the study and the construction of the works determined by this law will be met with the resources already provided for this purpose in Law No. 12.576 (Pillar A), Rio Grande. Watering works, with reservoir in Las Maderas, $7,076.206 m/n. and (planet B) studies and irrigation works of the River Lavayén and integration of those of the Rio Grande, pesos 9,000.000 national currency.

Art. 3.- Prior to the initiation of the works, the executive branch shall hold with the province of Jujuy the corresponding contract for the execution and exploitation of the works, in accordance with the requirements of this law, and the project and budget of the works shall be approved by law of the province.

The contract shall also establish a commitment on the part of the province to respect the regime of this law, as regards the canon and other rules of law, once the works pass to the provincial domain.

Art. 4.- The construction of the works authorized by this Act shall be awarded, in full or by parties, upon public tender, to companies that build competition and responsibilities and their execution shall be carried out in accordance with the plans, solicitation documents, specifications and other documents which, on the proposal of the General Directorate of Irrigation, approves the Executive Power. In the construction, priority will be given to the collection and distribution of the waters of the River Lavayén and, secondly, to those of the dam and of the reservoir in the Woods and the conduction and distribution of the flows of the River Grande and its tributaries all which will be built according to the corresponding technical plan of coordination.

Art. 5.- The works to be built will, in general, consist of water catching or drifting, reservoirs, distribution channels, drainage collectors, hydroelectric plants, buildings and other complementary works of general character and benefits, excluding those of an internal or particular nature within private properties. The distribution channels will be executed to the limit of the properties greater than 300 hectares or of groups of properties whose extension is 200 to 300 hectares and the necessary deducts will begin at the lower limit of such properties or groups.

Art. 6.- Each property or group of properties with an extension of 200 to 300 hectares will constitute a irrigation section to which the water will be delivered, measured in volume, by shifts or rigorous tandas. The water will be distributed within each section through the appropriate internal works, the respective owners being exclusively owned, exclusively owned or communal, as well as the expenses required by the respective irrigation and eviction service.

Art. 7.- They are subject to expropriation because of public utility, land, canals and other constructions and works whose occupation or use is necessary to build, conserve and exploit the system of works authorizing this law.

Art.8.- Machinery, materials, supplies and articles for the execution of these works are exempt from customs duties, provided that they are not built or produced in the country and their transport will be strengthened by railway companies according to article 10 of Act No. 5,315.

Art.9.- Before releasing the works in part or in its entirety, the government of the province, at the request of the national government, will proceed to hand over to the latter the administration of the waters of the respective rivers, in a way that allows the new administration to be practiced without hindrance.

Art. 10.- The administration or exploitation of the general system of works, the distribution of water and the perception of the rights, canons or fees corresponding to the service of the different uses of water in the entire area that dominate or serve the works authorized by this law, shall be carried out by the Directorate General of Irrigation of the Ministry of Public Works of the Nation for the time necessary for the amortization of the budget of the works approved by the province of Jujuy,

Art. 11.- Once the cost of the works is amortized by contract, they will pass with all their rights to the domain and jurisdiction of the province of Jujuy. The province shall at all times have the right to acquire the works performed under this law, provided that it pays off its cost, after deduction of what it had amortized to date of purchase.

Art.12.- The payment of water corresponding to a minimum annual base level per hectare for all properties within the irrigation area is mandatory and the perception of its amount will be made effective in the form and time frames established by the Executive and by the same procedures in place for the collection of direct contribution in the Federal Capital and national territories, but the fines to be applied will be 1/2 % per month. The executive branch shall establish in due course the corresponding canon of exploitation or annual quota with which each of the water concessionaires for drink, industry, irrigation or driving force must cost the expenses of the administration, exploitation of the works. In order to facilitate the progressive agricultural development of settlers, the Executive will agree on prudential reductions in the irrigation canon during the first five years of exploitation of the works.

Art. 13.- The canon established in the previous article shall be applied in a general and uniform manner on the basis of the volume of water delivered and the different irrigation periods.

Art. 14.- The value of the works will be reimbursed by the owners benefited by the payment of an annual fee or "construction fee" that will be applied by hectare and that the national executive branch will set in time to relate the cost of the works to the number of hectares to benefit with the same and the sufficient amount to cover the respective annual service of amortization and interest. The respective properties benefited are required to pay the construction canon. The previous obligation may be canceled by the owners of the land benefited by the works, through the remission to the State, without charge for it, of a removable part of its property equal to fifty percent (50%) of its total extension susceptible to be watered by the works, giving preference to establish the area to water, to the lots whose owners accept this cancellation. Owners may also opt for the remission to the State of all the property subject to the canon, by payment of its value prior to the execution of the works, fixed by experts.

Art. 15.- The lands will be acquired by the government under the provisions of the previous article, they will be handed over to the National Agrarian Council, created by law number 12,636 to be colonized in accordance with the regime set out in that law.

Art.16.- If after the five-year period of service the works, the properties would not have been cultivated, the irrigation canon will gradually increase by twenty per cent (20%) per year on the uncultivated extension and until the cultivation is practiced, this product being destined to extraordinary amortization of the invested capital. The term of ten years after the date of the concession expires in fact in the uncultivated part.

Art. 17.- The national government will respect the rights to the use of water by the current regiments, providing it in accordance with the irrigation regime of the area. Take into account acquired rights, which have been exercised permanently and to the extent of existing crops.

Art. 18.- Before the partial or complete release of the works, the national executive branch shall issue a regulation of irrigation consistent with the provisions of this law and the contract with the province, setting out the general rules governing the exercise of the various water-use concessions that it establishes and the other provisions necessary for the administration of the works and the water in their different uses.

Art. 19.- The government of the province shall be obliged not to authorize new water derivations of the Great Rivers and their tributaries and of the Lavayén nor to allow to extend the existing ones to the date, upstream of the take-up works that the Nation builds without the prior conformity of the national executive branch, nor to allow or authorize direct derivations of those rivers, downstream of such takes, to water lands dominated by the works whose construction authorizes this law, or which they can be extended.

Art. 20.- The works of the swamp and left bank of the Perico river, already built by the national government in the department of El Carmen, will be incorporated for the purpose of its exploitation to those authorized by this Law, of whose general system are an integral part, leaving the lands served by these works freed from the payment of all canon of construction. The existing conventions and regulations governing the sanction of this Act shall be revised as soon as they are contrary to the provisions of this Act.

Art. 21.- No sale deed, condominium division, permuta or others that import domain transmission or that establish tax on the property, without the certificate of the General Directorate of Irrigation that establishes: a) Be registered in the title of ownership and identified at the level of the property, its water rights b) It has been built in the internal irrigation and dispossession network of the property and its fractions in the regulatory conditions according to the division plane adopted for sale (c) The amount of the amount owed for canon up to the year of the operation included.

Art. 22.- In each set of bases and conditions for the invitations to bid, the General Directorate of Irrigation shall establish the minimum wage that contractors or subcontractors shall pay to the workers, in a whole according to the provisions contained in article 10 of Act No. 11.672 (definitive text, issue 1939).

Art. 23.- The provisions of the previous article shall be established in the contract of tendering the violation of them by the companies, the contractors or subcontractors shall be punished with a fine of five thousand pesos national currency ($ 5,000 m/n) for each verified violation, in case of recidivism. The amount of fines will be given to the National Council of Education for the promotion of primary education. Article 22 must be fixed by companies in visible places of work.

Art. 24.- Contact the Executive.

PATRON COSTAS - Noel - Figueroa - González Bonorino.