PROVISIONAL REGIME FOR USE OF CORRIENTS AND WATER NEARS IN FISCAL EARTH
DECRECT N° 5.786
Buenos Aires, 18/04/1954
VISTO this Expedient number 59.06/49, in which the General Directorate of Lands, under the Ministry of Agriculture and Livestock, and National Energy Companies (E.N.D.E.) of the Ministry of Agriculture and Livestock of Industry and Trade, re-expect with respect to the situation of tax-owned land located in the National Territories, not covered by the irrigation areas administered by the Nation, where there are births or water flows that are used for irrigation, energy generation, industrial use, etc., and
That the Rural Code for National Territories (Title II – Art. 214 and 217) prescribes that concessions for the use and diversion of water from rivers and streams are intended for the use and benefit of the owners;
That the aforementioned statute of limitations only contemplates concessions to the owners, not considering the inhabitants of the tax lands that occupy them to different degrees, which carries damages of an economic-social nature that are not compatible with the promotion of the National Territories;
That, in order to avoid these damages, it is appropriate to establish, within the terms of the Rural Code, a regime that allows tax land dwellers in the National Territories to use surface waters in a precarious and transitory manner, until they become landowners, the provisions of the above-mentioned Code can be fully complied with;
That the work of recovery, a member of the Government Plan, requires facilitating the lives of the population nuclei living in tax lands, ensuring their general well-being and providing them with the necessary means for the development of their productive activities;
That Electrical Water and Energy (E.N.D.E.), as a successor to the former General Directorate of Electrical Water and Energy, pursuant to article 50 of Decree No. 29.878 of 24 November 1945 and its amendments numbers 3.121 and 21.086 of 3 February and 19 July 1947, respectively, have assigned the functions of the Inspector General of Agriculture to which it refers to the Rural Code of the National Territories.
That according to Article 14 of the text of Decrees numbers 17.371/50 and 22.389/45 ordained by Decree number 17.371/50 and 22.389/45 ordained by Decree No. 21.072/50 are to be carried out by National Energy Companies (E.N.D.E.) all activities of the National State concerning the administration of irrigation works and the exercise of the powers that in the field of water have been agreed to
That the above-mentioned Directorate-General of Lands has the functions of the administrator of the tax lands and therefore has the responsibility of representing the Esado as the owner of them for the purposes set out in the Rural Code;
Therefore, attentive to the forecasts contained in the Second Five-Year Plan, the legal opinions of foxes 25 and 42, that of Mr. Procurator of the Treasury at foxes 26, that of Mr. Procurador General of the Nation at foxes 44 and that proposed by the Minister Secretary of State in the Department of Agriculture and Livestock.
The President of the Argentine Nation,
Article 1 - National Energy Enterprises, under the Ministry of Industry and Trade, shall establish an interim regime for the use of water flows and births in the tax lands in the National Territories, which, as a process prior to the formal concession, authorizes the use, management and police of water by the inhabitants of those Territories on a precarious and provisional basis.
Art. 2° - For such purposes, National Energy Companies will request the Directorate-General of Lands, Ministry of Agriculture and Livestock, the agreement for the use of water for the benefit and improvement of the tax lands to indicate, accompanying it for its best information for the purposes of its colonizing action, the payroll of the occupants of these lands, who have requested their authorization for the use of superfiscale waters, as well as the other details that may be indicated.
Art. 3° - The General Directorate of Lands, in its capacity as the administrator of the fiscal lands, in granting the agreement indicated in the previous article, shall do so with reference to the land benefited and with abstraction of those who occupy it, even if they have submitted requests for the use of the surface waters that exist in it, indicating in turn for better information from National Energy Companies the legal situation of that one and those.
Art. 4° - Spontaneous inhabitants or any title of tax land in the National Territories may not take advantage of the births or water flows that exist in the lands they occupy, without the prior authorization of Electrical Water and Energy (E.N.D.E.).
Art. 5° - The provisional authorizations granted under article 1 do not imply the recognition of the beneficiaries of any right in the award of the land; but the intervention in the same manner as the owners, for the purposes provided for in the Rural Code (articles 220/223).
Art. 6° - In the event that the post-beneficiary arrangements were ultimately denied by one or another administration or did they abandon the land or use of the water, or due to maturity, expiry or renunciation of the granting of land, the beneficiaries of the provisional authorizations shall not have the right to compensation or compensation for the works they execute for the diversion and use of water.
Art. 7° - Works to be carried out on tax land for the diversion and use of superfiscale waters will be considered as the other improvements incorporated into the land, in accordance with the regulations in force governing them.
Art. 8° - The beneficiary of an interim authorization to derive and use water, is obliged under the penalty of expiry, to regularize his situation with the General Directorate of Lands and to fulfil the commitments he commits with it.
Art. 9° - Water and Electrical Energy (E.N.D.E.) and the General Directorate of Lands, with their inspection staff in the national territories, will monitor the strict compliance of the present decree, demanding that the inhabitants have carried out water diversion works, the documentation that proves compliance with the provisions of Articles 4 and 8°.
Art. 10. - If the inspections referred to in the previous article recomproved the existence of water derivative works, carried out clandestinely, the villager who uses them shall be replaced by a reasonable period of time, to regulate their situation within the terms of the present decree, subject to the expectation that the water is derived and used.
Art. 11. - Non-commissioned tax land awards They may request water derivation concessions for irrigation, by surfaces greater than the one they have granted.
Art. 12. - From the ninety (90) days of the date of this decree, in documents relating to concessions for sale, or lease, provisional possessions, precarious permits of occupation, etc., of tax lands, it shall be expressly stated that the beneficiaries are obliged to comply with the requirements of this decree.
Art. 13. - National Energy Enterprises (E.N.D.E.) and the General Directorate of Lands will take the subsidiary measures they deem appropriate for the best implementation of the provisions.
Art. 14. - This decree will be endorsed by the Ministers Secretary of State in the Departments of Agriculture and Livestock and Industry and Trade.
Art. 15. - Contact, publish, give to the Directorate General of the National Register and return to the Ministry of Agriculture and Livestock for its purposes.
PERON. – Rafael F. Amundaraín. – Carlos A. Hogan.