LAW NO. 21,064 INTRODUCES MODIFICATIONS TO THE REGULATORY FRAMEWORK GOVERNING THE WATERS IN MATTERS OF TAXATION AND SANCTIONS. The following amendments were made to the decree with force of Law No. 1.122, 1981, of the Ministry of Justice, which fixes the text of the Code of Water: 1. In Article 30: a) Add the following second indent, new, passing the current second and third points to be third and fourth, respectively: "For the purposes of this Code, it is understood by soil from the surface of the ground to the mother rock." b) It is inserted in the current second indent, which has become third, following the phrase "take advantage and cultivate", the following locution: "the surface of". 2. In Article 38: a) Add, following the locution "required to build", the expression "and maintain". (b) Intercalase, after the phrase "extracted", the following text: " and an instant transmission system of the information obtained in this respect. This information must always be given to the General Directorate of Water when required. The Service shall, by resolution founded, determine the time limits and the technical conditions for fulfilling that obligation. ' (c) incorporate the following second indent: "The authority shall issue a regulation setting out the time limits, criteria and conditions necessary for the application of the relevant decisions referred to in the preceding paragraph." 3. In Article 41: (a) In the first subparagraph: i. Delete the sentence ", for the purpose of the construction of works, housing estates and buildings". Interleave, following the phrase "are found", the expression "or not". b) Replace in the second paragraph the word "themselves" by the phrase ", its shape or dimensions". (c) Incorporate the following third subparagraph, new, passing the current third subparagraph to be fourth: " The violation of the provisions of the foregoing incisos shall be sanctioned in accordance with the provisions of Articles 173 and Code. '. 4. Replace in Article 48 the phrase "properties and those who take advantage of the waters coming from it" by the following: " pregod and thus take advantage of the waters coming from them, who must inform the characteristics of the system, the location of the catchment and the flow drained to the Directorate General of Water ". 5. Replace in the fourth paragraph of Article 58 the word "ground". 6. Replace the first paragraph of Article 62 by the following: " Article 62.-If the exploitation of groundwater by some users affects the sustainability of the aquifer or causes damages to the other rightholders, the Directorate General de Aguas, on its own initiative or at the request of one or more persons concerned, may lay down the temporary reduction in the exercise of the rights of use, in proportion to them, by means of a reasoned decision. " 7. Add in Article 67 the following final point: " The holders of the rights of use, provisional or final, granted both in declared prohibition zones and in areas of restriction, shall install and maintain a system The invention relates to a method for measuring flow rates and extracted volumes, to the control of water levels and to a system for transmitting the information obtained in this respect. This information must always be given to the General Directorate of Water when required. The Service, by way of resolution, shall determine the time limits and the technical conditions for fulfilling this obligation, being able to begin with those granted provisionally or by those who extract volumes higher than the average. " 8. Replace in Article 68 the phrase "of measurement systems in the works and require the information obtained" by the following text: " and maintenance of flow measurement systems, extracted volumes and water levels in the works, in addition to a system for transmitting the information obtained in this respect and requiring the information to be obtained. In the case of non-consumptive exploitation rights, this requirement shall also apply in the work of restitution to the aquifer. The Directorate-General, by way of resolution, shall determine the time limits and the technical conditions for fulfilling the obligation laid down in this Article. " 9. The following fourth and fifth points are incorporated in Article 92: " The user organisation shall observe compliance with the prohibition set out in the first indent of this Article and inform the municipality concerned of the following: breaches of which I took knowledge. Similarly, the respective user organisation shall notify the municipality, with a copy to the Directorate General of Water for the performance of its duties, of the obstruction of channels in the cases referred to in the third subparagraph, at least by pointing out the place where such obstruction occurs and, if known, those responsible for the facts. These presentations shall be carried out by the municipality in accordance with the provisions of Article 98 of the Constitutional Organic Law of Municipalities, and its omission may be claimed in accordance with Articles 151 and following of the aforementioned legal text. " 10. In Article 119: (a) Intercalase in the heading, following the expression 'originating inscriptions', the following locution: 'and transfers'. b) Replace at number 4 the final expression ", and" by a semicolon. (c) Substitute in number 5 the final point by the expression ", and". (d) Add the following number 6: " 6. The characteristics of the right of use and other specifications contained in Article 149, in so far as the title contains them. " 11. In Article 122: (a) Intercalase in the second indent, following the phrase "which the regulation establishes", the following sentence: ", which shall also be subscribed by the Minister of Justice and Human Rights". (b) Add in the third subparagraph, following the expression "kept up to date,", the phrase "on the institutional website," (c) Replace the fourth indent by the following: " For the purposes mentioned in the previous paragraph, the conservatives of real estate must send to the General Direction of Waters, within thirty days after the date of the act that takes place before them and in the form determined by the regulations of the Public Water Catastre of the Ministry of Public Works, the information on the entries relating to the rights of use of water and its background; and of the registration of the organizations of water users and their antecedents. Failure to comply with this obligation on the part of the Conservatives shall be sanctioned as provided for in Article 440 of the Organic Code of Courts. " (d) Remove the fifth indent. e) In the eighth indent, which has become the seventh indent: i. Interleave, following the locution "must inform", the expression "at least". ii. Delete the sentence ", within the first five days of the months of January and July," iii. Replace the expression "copies" with "information". iv. Remove the "Notaries and". 12 locution. In Article 122a: (a) The following final sentence is added to the first indent: "The information required must be sent in the manner determined by the regulation provided for in the preceding article." (b) Intercalase in the third subparagraph, below of the locution "shall be sanctioned,", the expression "ex officio or". 13. In Article 129a 2: (a) The following final sentence is added to the first indent: "These resolutions shall be published on the institutional website." (b) Replace the second indent by the following: " In addition, in the authorisations granted by the Directorate General of Water referred to modifications or new works in natural channels that mean a decrease in the natural recharge of the aquifers, will have the appropriate mitigating measures. If such measures are not complied with, the Service shall apply the appropriate penalties, and may exercise the powers provided for in Article 172 of this Code. " 14. The following shall be inserted in the second paragraph of Article 129a 12, following the first sentence: " If no such rights are registered, the General Directorate of Water may be subrogated to the rights of the non-registered holder, only for the purposes of registration in the Register of Property of the Conservative who is competent, at the expense of the individual. " 15. In Article 135: (a), the second subparagraph is replaced by the following: " If the Directorate considers it necessary to carry out an eye inspection, it shall determine and request the means and conditions necessary to access the place and, where appropriate, the sum which the You must enter to cover the costs of this diligence. If the person concerned does not comply with these requirements, the Directorate may refuse the application in question. "(b) Add the following final point:" To carry out such inspection, officials of the Directorate General of Water may, upon the termination of the Service, enter the land of private property, and must lift the record and keep records of the diligence. " 16. Replace the first paragraph of Article 137 by the following: " Article 137.-The resolutions of a term which the Director-General of the Water has issued in the knowledge of a review appeal and any other that dictates in the exercise of his functions The Court of Appeals of Santiago, while the decisions handed down by the regional directors, will be claimed before the Court of Appeals of the place where the contested decision was made. In both cases, the time limit for the complaint shall be 30 days from the notification of the relevant decision. ". 17. In Article 138: (a) incorporate the following first indent, new, passing the current single point to be second: "Article 138.-Compliance with the resolutions of the General Directorate of Water shall be the responsibility of those who must implement them." (b) Third and fourth points: ' In the event of failure or partial compliance with the decisions referred to in the preceding paragraphs, the Service shall issue a decision which shall apply the fine and, if necessary, order the the execution of the measures, actions or works corresponding to the same Service or by Part of the Directorate of Hydraulic Works or any other service under the Ministry of Public Works. The General Direction of Water will dictate a resolution that determines the value of the measures, actions or works actually carried out, being able to establish a surcharge of up to 100% for those originally obliged to comply with them. The authorized copy of the latter resolution shall have executive merit for the purposes of its recovery. " 18. In Article 140: (a) Replace in the numeral 1 the expression "The name", the first time it appears, by the phrase "The name, national identity card or single tax role". b) Intercalase, following the numeral 1, the next number 2, new, passing the current numerals 2 to 6 to be numerals 3 to 7, respectively: " 2. The use to be given to the requested waters. " 19. In Article 171: (a) The words "of the Department of Inland Works" shall be replaced by the following: "from the Directorate of Water Works". (b) Replace the final indent below: " Except for the formalities and The Ministry of Public Works, as well as the projects financed by public services with the technical approval of the Directorate of Hydraulic Works, have established the requirements set out in the preceding initiatives. These services must send the final projects of the works to the General Direction of Waters for their knowledge and inclusion in the Public Catastro de Aguas, within six months, counted from the final reception of the work. " 20. Replace Article 172 by the following: " Article 172.-If works are carried out in violation of the provisions of the previous article, the General Directorate of Water shall impose a fine of the first to the second degree, in accordance with Article 173, It may be possible to warn the infringer and set a period of time for it to modify or destroy all or part of the works. In the event that the modification of the works is available, the Directorate General of Water may order the corresponding project to be submitted, in accordance with the rules of this Code. In case the offender does not comply with the order, destroying the work or presenting the modification project, the Directorate will impose a fine of the third grade. If the works which do not have the proper authorization hinder the free flow of water or are in danger to the life or health of the inhabitants, the Directorate General of Water will impose a fine of the second to the third degree, compliance with Article 173 b, and shall warn the infringer by setting a period of time for the destruction of the works or to modify them, ordering it to submit the corresponding project according to the rules of this Code. If the infringer does not comply with the order, the Directorate shall impose a minimum fine of 100 and a maximum of 1,000 annual tax units, depending on the extent of the damage caused to the free flow of the waters or the danger for the life or health of the inhabitants, and may adopt the measures for compliance in accordance with Article 138. '; 21. The following subtitle is inserted after Article 172: " g) Of the audit Article 172 bis.-The Directorate General of Water shall supervise compliance with the rules of this Code. In order to carry out its work, the Directorate may initiate a criminal procedure of its own motion when taking cognizance of facts which may constitute an infringement of those rules, on the basis of a self-denunciation, or at the request of another State service. Complaints shall be filed with the Directorate-General for Water of the region or province concerned and shall indicate the place and date of submission and the complete individualisation of the complainant, who shall subscribe personally, or by your authorised representative or representative. The complaints may also be filed in a manner determined by the Directorate General of Water, by means of a well-founded resolution. In any event, the complaint shall contain a description of the specific facts which are deemed to constitute an infringement, the place and the references sufficient to determine its location, the probable date of its commission, the rules infringed if the complainant knew them, and the individualization of the alleged infringer, in case he could identify it. The Directorate shall declare the complaint admissible if it complies with the requirements set out in the previous paragraph, is serious and has sufficient merit. If the complaint does not contain a description of the fact reported and the place of its commission, it will be archived, without prejudice to the faculty of the Directorate of proceeding of trade. The complaint shall be declared admissible, the case of the sanctioning procedure shall be opened, which shall be resolved within a maximum of six months. This shall be determined by the Director General of Water or by the respective regional director, upon delegation of functions in accordance with Article 300 (g) of this Code. Article 172 b.-Within the period of 15 days from the opening of the file, the Directorate shall carry out an on-the-spot inspection and shall notify the reason for the action in that event. The alleged infringer shall provide all facilities for the conduct of the said inspection process and shall not, in an unjustified manner, refuse to provide the information required to it. The inspections referred to in this Article in places which constitute a room currently occupied, the occupant of which has been opposed to the conduct of the inspection, and which must be recorded in writing, may also be carried out with the aid of the public force, subject to the authorization of the court of competent letters in the jurisdiction of the place where it is being applied, who may grant it immediately at the request of the Service, without a form of judgment, through the more expeditious means. In the exercise of the audit work, the staff of the Directorate shall always inform the audited subject of the specific subject matter of the audit and of the relevant regulations, carrying out the strictly indispensable measures and proportional to the subject of the audit. The audit staff must also reserve the records and documents that are not public. The tax authorities may report abusive conduct of the officials to their superiors, without prejudice to the corresponding criminal penalties. Those who carry out this inspection must put up a record of the inspection, stating whether or not there are facts which are deemed to constitute an infringement and, if so, the indication of the rules or rules which may be infringed. The supervisory staff of the Directorate shall have the status of a minister of faith in respect of the facts which they record in the performance of their duties and which are recorded in the minutes referred to in this Article. The facts established by the ministers of faith will constitute legal presumption. Article 172 (c).-When the alleged infringer is found in the inspection report, the alleged infringer must be notified personally, giving him a copy of the minutes and indicating that he may present his or her discards within the of the 15-day period from that date. If this is not the case in the audited place, it may be notified of the minutes and the deadline for the discharge in the form provided for in Article 44 of the Code of Civil Procedure. In the event that no constituent acts of infringement have been detected, a copy of the report shall be submitted to the audit and the file shall be closed, ending the respective procedure. Article 172 quinquies.-Evacuees are dismissed by the alleged infringer, or the deadline for this will be expired, the General Directorate of Water will resolve without further processing when there are no controversial facts or are of public notoriety. Otherwise, it will open a test term of fifteen days. That period shall be extended, if applicable, in accordance with the provisions of Article 26 of Law No 19,880. The Directorate shall give rise to the probative measures or measures requested by the alleged infringer in his discharge, provided that they are relevant and conducive. Otherwise, it shall be rejected by a reasoned decision, without prejudice to the Directorate's ability to decree other measures or to request any additional background to be resolved. The facts under investigation and the responsibilities to which they may give rise may be credited by any eligible means of proof, which shall be assessed in accordance with the rules of sound criticism. Article 172 (e).-Within a period of 15 days from the date of withdrawal of the discharge or the time limit for this, or from the expiry of the probative term, if any such period has been given, the Directorate shall draw up a technical report which it shall be used as a basis for resolving the procedure and shall be referred to the Director for delivery. The report shall contain the individualisation of the offender or the offenders, if The relationship of the facts under investigation and the way in which they have been established, and the proposal to the Director of the sanctions which he considers to apply or to the absolution of one or more of the offenders. The Director shall put an end to the procedure by means of a well-founded decision, which shall give an opinion on each of the facts under investigation, the offences detected and the allegations or charges made by the alleged infringer. The remedies referred to in Articles 136 and 137 of this Code may be brought against this resolution. " 22. Replace the heading of paragraph 3 of Title I of the Second Book with the following: "Of the sanctions". 23. Replace Article 173 by the following: " Article 173.-The General Directorate of Water shall apply a fine for tax benefit, and shall set the time limit for its payment, to those who incur the offences described below, the amount of which is determine in accordance with the provisions of this paragraph, without prejudice to the provisions of Articles 172 and 307 of this Code and of the civil and criminal responsibilities that proceed: 1. A first-degree fine in the case of infringements relating to the obligation to provide information in the form and opportunity provided for in this Code and the resolutions of the General Directorate of Water. Likewise, a fine of this degree shall be applied to the owner, holder or sole holder of a property, whether or not the holder of the rights of use, in which there are works to take advantage of the resource, which unjustifiably denies the income of the officials of the audit for the performance of their duties. It is understood that there is a refusal of the owner, holder or mere holder even if the person who makes it is a third person, without prejudice to the actions that those who have to repeat against the latter. 2. A second-degree fine in the case of non-compliance with the obligations under this Code or its regulations concerning the installation and maintenance of flow measurement systems, of extracted volumes and of levels (i) the freedom of the labour and the systems for the transmission of such information. The decision providing for the application of this fine shall set a reasonable period of time, which shall not be extended, which shall not be less than one month and no longer than six months, in order for the infringer to install and operate such systems. 3. A third-degree fine in the event of non-compliance with the resolution giving new time for the installation of the systems mentioned in the previous number, prior to the abbreviated sanctioning procedure consisting of a visit to the ground, notification of the respective minutes and receipt of the relevant disclaimers, within the 30-day period of the spot visit. 4. A fourth-degree fine when acts or works are carried out, without the permission of the competent authority, affecting the availability of the waters. 5. A fifth-degree fine to whom, being the current holder of a right of exploitation of waters or not, intentionally obtain a double inscription of their right in the Register of Property of the Conservative of real estate, for personal benefit or to the detriment of third parties. If appropriate, the material author of the event shall be punished, in addition, with the revocation of his duplicate title and the cancellation of the registration, in accordance with the provisions of Article 46a of the Penal Code. The above is without prejudice to the responsibility of the public officials for falsifying public instruments. 6. Violations that do not have a specific sanction shall be sanctioned with a fine of which the amount may vary between the first and third grades. The Directorate shall communicate the decision to the General Treasury of the Republic for the purposes of its recovery, once it has been executed. " 24. Following Article 173, the following Articles 173 a, 173 b and 173 c: " Article 17a.-For the penalties provided for in Articles 172 and 173, the amount of the fine may be increased in the following cases: 1. Up to 100%, where the infringement affects the availability of the waters used to satisfy human consumption, domestic use of subsistence or sanitation. 2. Up to 75%: (a) If the infringements are committed in the areas referred to in Articles 63, 65, 282 and 314 of this Code. (b) If the offence committed seriously damages the course, and provided that it is not constitutive of the facts set out in Article 172. (c) Where, as a result of the contravention, there is a sustained or abrupt decline in the groundwater of the aquifer. (d) Where acts or works are carried out, without permission from the competent authority, which detracts or deteriorates the quality of the water in contravention of the rules in force, where such alteration does not have a specific sanction. 3. Up to 50%: (a) Where the offence committed amends or destroys works authorised for the exercise of the right of use of third parties. (b) When water collection also affects the minimum ecological flow rate imposed in the constitutive resolution. Without prejudice to the provisions of the foregoing paragraph, the reiteration of the infringement shall be punished by doubling the original amount. The amount of the fine will be reduced by 50% for those offenders who self-report to the General Directorate of Water for any violation of this Code. Self-reporting will not require any special formalities, and it will only contain an enunciation of the facts, the place and the time in which they occurred, and the individualization of its author or authors. The circumstance indicated shall only proceed if the information provided by the infringer is accurate, accurate and verifiable in relation to the facts constituting the infringement and to put an immediate end to the infringement. Article 173 b.-Without prejudice to the specific penalties referred to in Articles 172 and 307, the infringements established in this Code shall be punishable by fines for tax purposes, determined according to the following grades: (a) First Grade: from 10 to 50 monthly tax units. b) Second grade: from 51 to 100 monthly tax units. c) Third grade: from 101 to 500 monthly tax units. d) Fourth grade: 501 to 1,000 monthly tax units. e) Fifth grade: 1,001 to 2,000 monthly tax units. For the determination of the amount of the fine within each grade, the following circumstances shall be considered, inter alia: the flow of water affected, whether surface water or groundwater, whether or not the affectation occurs. of third party rights, the number of users injured, the degree of affectation of the channel or aquifer, and the area in which the infringement occurs, depending on the availability of the resource. Article 173 c.-The infringements laid down in this Code shall be prescribed within three years from the date of their secondment. " 25. The following second indent is added to Article 175: "The court shall communicate the judgment to the General Treasury of the Republic for the purposes of its recovery." 26. The following second, third and fourth points are incorporated in Article 176: " The procedure for the collection of the fines shall be carried out by the General Treasury of the Republic in accordance with the provisions of Article 35 of Decree Law No 1,263, 1975, Organic State Financial Administration. If the fine is paid within nine days of its notification, it shall be reduced by 25%. This benefit will not be cumulable with other penalty rebates, such as that which benefits the self-complainant. " 27. Replace the first paragraph of Article 277 by the following: " Article 277.-The directory shall appoint a water delivery man or river judge, who shall have a professional title of a career whose duration is at least eight semesters, who may not be a member of the board or holder of rights for the use of waters within the same jurisdiction as he or she administers, be it the whole natural stream, or a section of it, in the event that the current is found sectioned. The Board of Directors shall account for the General Directorate of Water for this designation. " 28. In Article 278: (a) Intercalase in the heading, following the expression "of water", the phrase "or river judges". (b) in number 3: i. The phrase "and the Directorate General of Water" shall be added after the locution "Ordinary Justice". Replace the expression "water will have" by the phrase "water or river judge will have". c) In the number 5 replace the semicolon with a followed point, and add the following final sentence: " For such purposes, the Supervisory Board may request the respective Environmental Service, or the Directorate of Hydraulic Works, or the Directorate General of Water, or the Superintendence of Health Services or the corresponding municipality and, in general, to any other authority, that gives him information on all the projects and permits approved in his respective (a) to be distributed and to be executed in the course of which the Supervisory Board exercises its jurisdiction; ". d) Intercalase a new number 6, passing the current numerals 6 and 7 to be numbers 7 and 8, respectively:" 6. Report to the Directorate-General for Water the work of extraction of aggregates which do not have the competent authority, which may act with the aid of the public force in accordance with the provisions of Article 138 in the case of ordering its cessation. You may, in turn, report these facts to the Comptroller General of the Republic when such extractions, authorized by the respective municipality, do not have the technical report of the Directorate of Hydraulic Works, established in the literal (l) of Article 14 of the decree with force of law N ° 850, 1997, of the Ministry of Public Works. In the processes to which these complaints are made, the water delivery person or the river judge shall have the representation of the board, without prejudice to the appearance and performance of the board; ". 29. It is inserted in the final paragraph of Article 294, following the expression "General Direction of Waters", the phrase "within the period of six months counted from the final reception of the work". 30. In Article 299: (a), in the case of the words 'their use', the following sentence shall be added to the following sentence: 'and the measures necessary to prevent and prevent the exhaustion of the aquifers shall be arbitrated'. (b) Amending literal (b) as follows: i. Replace in your heading the prayer "Investigate and measure the resource." for the following: "Research, measure the resource and monitor both its quality and quantity, in attention to the conservation and protection of waters." ii. Interleave in its numeral 1, following the phrase "national hydrometric service", the following: ", which includes both quantity measurements and water quality," (c) Attaché in the literal c), after the phrase "public use", following: "and aquifers; prevent, report or sanction the affectation to the quantity and quality of these waters, in accordance with the first subparagraph of Article 129a 2 and Articles 171 et seq.;" d) Replace the literal d) with the following: " d) Prevent the removal of water from the same channels and in the aquifers without title or in greater quantity than the (e) Add the following point (f): " (f) directly requiring the assistance of the public force, with powers of search and dislockup, for the purposes of the exercise of the privileges referred to in subparagraphs (b), number (1); (c) and (d) of this Article. The request must be submitted by the appropriate regional director. For the exercise of the attribution provided for in the number 1 of literal b) of this article, the aid of the public force may be required only if the refusal to the request for access which the staff has previously made is credited. of the Directorate General of Water with the aim of carrying out maintenance and operation of the national hydrometric service. " 31. Following Article 299, the following Articles 299 a and 299 b: " Article 299 bis.-Officials of the Directorate-General for Water carrying out audits shall have the quality of ministers of faith and their statements on the facts found in the respective inspection minutes shall be of a legal presumption. Article 299 b.-The General Directorate of Water, by means of a well-founded resolution, may order the cessation of works if the extraction of water at an unrecognized or constituted point in accordance with the law is verified. You can also order the blinding of a well once the resolution is executed. In order to comply with these purposes, the Director General of Waters, or the Regional Directors, may exercise the powers contained in Article 138 of this Code. " 32. In Article 300: (a) Substitute the literal (a) by the following: " (a) Dictate the rules and instructions, by means of circulars, which are necessary for the proper application of this Code, laws and regulations which are the responsibility of the Directorate to his position. The rules governing the Director shall be compulsory and must be systematized in such a way as to facilitate access to and knowledge of the Director by the general public. "(b) Replace in the literal f) the expression", and " by a semicolon. (c) Substitute in the literal g) the final point by the expression ", y". d) Add the following literal h): " h) To enter into pregod of public or private property, in compliance with its tasks of audit. In order to comply with the provisions of the preceding paragraph, the Director General of Water may request, in accordance with Article 138, the aid of the public force when there is opposition, which may act with dislocking; if any necessary, to enter closed places. " 33. Replace in the second paragraph of Article 302 the sentence "shall be applicable to the Director General of Waters, the provisions of Article 361 of the Code of Civil Procedure" for the following: " the Director General of Water shall have the powers of the Article 7 of the Code of Civil Procedure, and in particular the powers to desist in the first instance from the action deducted, to accept the contrary claim, to absolve positions, to waive the legal remedies or terms, to agree and to compromise. In addition, the provisions of Article 361 of that Code shall apply to it. " 34. In Article 303: (a) Intercalase, following the word "construction", the locution "and operation". (b) The expression 'or artificial' shall be assumed. c) Replace the phrase "make the aphorus of your currents and you will say" for the following: "you will be able to place your currents, ask for a background and to settle". (d) the following text shall be added following the phrase "such channels": " and may lay down the measures to be taken by users for their proper exercise. Failure to comply with these measures shall be sanctioned by the Directorate-General for Water with a fine which may vary between the second and fourth grades. " 35. Replace in the first paragraph of Article 306 the sentence "shall be sanctioned with fines not less than 20 and not exceeding 100 monthly tax units" for the following: "shall be punished with fines from the second to the third degree". 36. Replace in the final paragraph of Article 307 the sentence "not less than 50 and not more than 500 monthly tax units", as follows: "from the fourth to the fifth grade, in accordance with the provisions of Article 173." 37. Following Article 307, the following Article 307 a: " Article 307 a.-The General Directorate of Water may require the installation of measuring systems for the holders of rights for the use of surface water or user organisations that extract water directly from natural public use channels. In the case of non-consumptive rights, the installation of instantaneous flow measurement systems, both at the point of capture and at the point of return, shall be compulsory when the holder has constructed the necessary works for his or her use. Such a system should enable it to be obtained, stored and transmitted to the Directorate-General for Water, the information indispensable for the control and measurement of the instantaneous flow, effectively extracted and-in non-consumptive uses-restored, from the natural source. The Service shall, by means of a reasoned decision, determine the time limits and the technical conditions for fulfilling that obligation. ' Article 2.-Enter the following amendments to the Penal Code: 1. In Article 459: (a) The word "minimum" shall be replaced in the heading by "minimum to medium", the word "eleven" by "twenty" and the word "twenty" by the expression " five ". (b) Intercalase in number 1, between the expressions "streams or sources" and "; of channels or aqueducts", the phrase ", be superficial or underground". 2. In Article 460: (a) Replace expressions of "violence in persons" and "violence that I shall cause" by "violence or intimidation in persons" and "violence or intimidation that I shall cause", respectively. (b) Replace the expression "in its minimum to medium degrees" by "in any of its degrees"; the word "eleven" by "fifty", and the term "twenty" by the words "five thousand". 3. The following Article 460 bis is inserted after Article 460: " Article 460 bis.-The person who knowingly duplicate the registration of his right in the Register of Water Property of the Real Estate Conservative will suffer the prison sentences. less than its minimum degree, a fine of 11 to 20 monthly tax units, the revocation of the duplicate title and the cancellation of the duplicate registration. ' Article 3.-Add in Article 166 of the Penal Code the following final point: " In the crimes provided for in Articles 459 and 460 of the Penal Code, the prosecutor's complaint will be communicated to the General Directorate of Water Ministry of Public Works. ' Transitional Article.-Those who are currently using a drainage system to dewater their premises and benefit from these waters, in accordance with Article 48 of the Water Code, must inform the General Directorate of Water the characteristics of the drainage system, the location of the catchment and the flow rate, within six months of the entry into force of this law. Otherwise, they may be sanctioned in accordance with the Water Code. " Having complied with the provisions of Article 93 (1) of the Political Constitution of the Republic, and because I have had the right to approve and sanction it, I therefore promulgate and take effect as the Law of the Republic. Santiago, January 17, 2018.-MICHELLE BACHELET, President of the Republic.-Alberto Undurraga Vicuña, Minister of Public Works.-Nicolas Eyzaguirre Guzmán, Minister of Finance.-Jaime Campos Quiroga, Minister of Justice and Human Rights.- Jorge Canals de la Puente, Minister of the Environment (S). What I transcribe to you for your knowledge.-Saluda Atté. to Ud., Juan Manuel Sánchez Medioli, Undersecretary of Public Works Subrogante. Constitutional Court Draft law introducing amendments to the regulatory framework governing the waters in matters of taxation and sanctions, corresponding to the bulletin No. 8149-09 The Secretary of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the bill enunciated in the rub ro, approved by the National Congress, so that this Tribunal exercises the control of constitutionality with respect to the fifth indent of article 92 proposed by the number 9, of the number 13, of the number 16, of the final sentence of the final of Article 172 (e), contained in number 21, number 25 and point (b) of number 35, all numerals of Article 1 of the draft law, which introduces amendments to the Code of Water, in cars Role N ° 3958-17-CPR It is resolved: 1 °. That the provisions contained in the number 16; in the final part of the first paragraph of Article 172 b, added by the number 21; in the final sentence of the final article 172 sexies, contained in the number 21, in the part which refers to the Article 137 of the Water Code; in point (b) of number 25; and in point (c) of number 28, all of Article 1 of the draft law submitted by the National Congress, are not contrary to the Political Constitution. 2 °. The provisions contained in subparagraph (i) (i) of point (a) of number 13; in point (a) of number 25; in numeral 17 (b); in point (a) of number 35, in the sentence "by the Directorate-General for Water"; and (b) of the same number 35, All of Article 1 of the bill submitted by the National Congress are unconstitutional and, as a result, must be removed from the text of the bill. 3 °. That no pronouncement is issued, in preventive examination of constitutionality, in respect of the provisions contained in the fifth indent of Article 92 proposed by the number 9; in literal (ii) of point (a) of number 13; in the final sentence of the The final point of the new article 172 sexies, contained in the number 21, in the part in which it refers to article 136 of the Code of Water, all of Article 1 of the bill submitted by the National Congress, for not dealing with own matters of law Constitutional organic. Santiago, December 26, 2017.-Rodrigo Pica Flores, Secretary.