LEY NÚM. 21.586

MODIFICATION OF LAW N° 21.435, TO APPLICATE THE INSCRIPTION OF THE RIGHTS OF APROVECHAMICATION OF WATERS, AND THE WATER CODE, TO INTRODUCTION AN ADMINISTRATIVE PROCEDURE FOR TITIONAL RIGHTS

Bearing in mind that the H. National Congress has given its approval to the following bill initiated in the following consolidated motions, the authors of which are the deputies and deputies that report in each case:

- Bulletin No. 15.588-33: Nelson Venegas Salazar, Héctor Barría Angulo, María Francisca Bello Campos, Nathalie Castillo Rojas, Camila Musante Müller and Alexis Sepúlveda Soto.

- Issue No. 15.597-33: Víctor Alejandro Pino Fuentes, Yovana Ahumada Palma, Roberto Arroyo Muñoz, Chiara Barchiesi Chávez, María Luisa Cordero Velásquez and Benjamin Moreno Bascur.

- Bulletin No. 15.667-33: Consuelo Veloso Ávila, Andrés Giordano Salazar, Catalina Pérez Salinas, Marcela Riquelme Aliaga, Jaime Sáez Quiroz and Ericka Ñanco Vásquez.

- Bulletin No. 15.784-33: Marco Antonio Sulantay Olivares, Gustavo Benavente Vergara, Juan Antonio Coloma Álamos, Felipe Donoso Castro, Juan Fuenzalida Cobo, Cristóbal Martínez Ramírez, Víctor Alejandro Pino Fuentes and Natalia Romero Talguia,

Bill:

"Article 1.- Modifícase the Act No. 21.435reforming the Water Code, as follows:

1. In the second transitory article:

(a) In paragraph 1:

I. Replace below the point and then, which has become a comma, the phrase "Transccurred the period of eighteen months counted since the publication of this law," by the following: "before April 6, 2025. After this period,".

ii. Enter the following point and aside, which has become a point and followed, the following sentence: "The expiry referred to in this paragraph shall not apply to the current uses of the waters for which the regularization procedure is initiated, as provided in the second subparagraph of the preceding article."

(b) Incorporate the following final subparagraph, new:

"The Institute for Agricultural Development, the General Directorate of Waters, the National Indigenous Development Corporation and the corresponding organization of users will ensure the dissemination and information of the provisions of this article."

2. Replace in the article 10 the expression "to the two years of the publication of this law" by "from April 6, 2025".

3. Hold on. article 10 second transitory by the following:

"Article 10 second. In all areas of restriction or prohibition zones declared prior to the publication of this law, the procedures for forming the Subterranean Water Communities shall be initiated within three years of publication. Once the deadline has expired, the General Directorate of Waters may only authorize changes in the catchment point in that area, in respect of those who have become a party to the process of forming the community, in accordance with article 63 of the Water Code or are incorporated into the community subsequently. ".

4. Get in. article tenth transitory third the following third, fourth and fifth subparagraphs:

"At the request of the party, and following a favorable report of the General Directorate of Waters, the Conservatives of Real Estate may make individual registrations of rights of water use in favor of those holders who do not possess them, based on the registrations constituting those organizations of water users, constituted judicially or extrajudicially. In accordance with article 300 (a) of the Water Code, a circular shall contain the requirements and conditions necessary to request this report.

In the request referred to in the preceding paragraph, the applicant must accompany a certificate issued by the respective organization of water users, with an age not exceeding thirty days in which it is recognized that he is a member of that organization. If she does not issue the requested certificate within thirty days, the holder will accompany a copy of that request along with the other background to the General Directorate of Waters.

The request referred to in paragraph 3 shall be issued in the form set out in article 131 of the Water Code. Affected water rights holders may deduce opposition within the period of ninety working days from the publication, through presentation that will be subject to the form, timelines and procedures as prescribed in Title I, paragraph 1, of the Second Book of the Water Code. ".

Article 2.- Modify Water Code in the following sense:

1. Subtitle f and article 170 bis that integrates it will be inserted following Article 170 of Title I, paragraph 2, of Book II, by passing the current Subtitles f and g to be Subtitles g and h, respectively:

"(f) Enhancing the right to development

Article 170 bis.- Any request to refine or complete the essential elements or characteristics of the title of the right to use water shall be submitted to the General Directorate of Waters, through a special administrative procedure to be processed in accordance with paragraph 1 of this Title. For this purpose, the provisions of articles 7, 309, 312, 313 and other provisions of this Code shall be considered, as appropriate.

Once the administrative resolution that improves the title of the right to take advantage of water is firmly and implemented, the General Directorate of Waters, within fifteen working days, shall proceed to register the right in the Public Water Catastro provided for in Article 122. In addition, the holder of the right, where appropriate, must require the Preserver of respective Real Estate to record the registration in the Public Water Catastro, outside the registration of the right to use water.

The provisions of the preceding subparagraphs shall also apply to the request for further development of the title of the right to take advantage of water as determined in a resolution issued by the Agricultural and Livestock Service. ".

2. Add the next article 11 transient:

"Article 11.- Applicants for the development of the title of the rights of the use of water that have submitted their pre-existing requirement of Article 170 bis may voluntarily submit to the new procedure provided for in that article, and shall record the withdrawal or waiver in judicial headquarters. "..

And for I have had it good to approve and punish it; therefore, promute and take it into effect as the Law of the Republic.

Santiago, 4 July 2023.- GABRIEL BORIC FONT, President of the Republic.- Jessica López Saffie, Minister of Public Works.- Esteban Valenzuela van Treek, Minister of Agriculture.

What I am transcribing to you for your knowledge. Greetings Atte. to you, José Andrés Herrera Chavarría, Assistant Secretary of Public Works.