Modifies The Law Nâ ° 18,450 On Promotion To The Inversia N Private Works Of Irrigation And Drainage

Original Language Title: MODIFICA LA LEY N° 18.450 SOBRE FOMENTO A LA INVERSIÓN PRIVADA EN OBRAS DE RIEGO Y DRENAJE

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"(Artículo único.-Introdúcense las siguientes modificaciones en la ley Nº 18.450, que aprueba normas para el fomento de la inversión privada en obras de riego y drenaje: 1) replaced the article 1st, by the following:"article 1.-the State, through the national irrigation Commission, issue the cost of studies, construction and rehabilitation of irrigation or drainage works and investments in equipment and mechanical irrigation or generation elements " , provided that run to increase the irrigation area, improve the water supply in spate in overdrawn form, improve the quality and efficiency of the application of irrigation water or enable agricultural soils of poor drainage and, in general, all work of irrigating or other purposes directly associated with the forestation irrigation works , empowerment and connection, whose projects are selected and approved in the form established in this law.

The bonus of the State referred to in this law shall apply in the following way: to) small agricultural producers to the organic law of the agricultural development Institute set as such are entitled to a maximum of 90% bonus.

(b) applicants for an area of up to 40 weighted hectares irrigation may apply for a maximum of 80% bonus.

c) shall apply to applicants of a weighted irrigation area of over 40 hectares a maximum 70% bonus.

Up to 2% of the annual resources available for bonuses will go to competitions for farmers that exceed the 200-hectare weighted and the national irrigation Commission call for this purpose special contests.

Physical hectares to weighted hectares conversion table must be incorporated into the regulation of this law and may be amended by the Council of Ministers of the Commission.

Costs involving the Organization of communities of water and drainage works referred to in the third subparagraph of article 2 is also bonificarán.

The Commission will consider environmental objectives in irrigation projects subsidized by law, being susceptible to bonus investments whose production systems prevent the degradation of soil, bio diversity or any type of environmental damage, according to the conditions determining the law Nº 19,300 and the regulation of law Nº18.450.

Exceptionally, in cases described by the national irrigation Commission, may reward are as annexed to the irrigation projects properly such, works aimed to solve problems of water in the livestock sector and other rural properties or systems development-related of irrigation that they will approach to the benefits of this law.

The sum of the cost of the works and the amount of the investments referred to in the preceding subparagraphs for purposes of the rebate may not exceed 12,000 units of development, notwithstanding that the total cost of the work can be greater.

In any case the contribution in intraprediales projects shall be calculated on a maximum of 12,000 units of development, being the difference in charge of the applicant.

In the case where the applicants are organizations of users defined by the code of waters or waters and drainage works communities that have initiated its process of Constitution, projects of a value of up to 30,000 units in development, that benefit altogether to its partners, community members, or members may submit. "."

(2) replace, in the third paragraph of article 2, the phrase "including not organized communities that have" by "including those that have".

(3) replace the article 3rd, by the following: article 1 second subparagraph of's " This law and organizations of users and communities not organized, integrated by at least 70% of such farmers.

Organizations of users and communities of water or drainage works not organized, comprising at least a 70% of farmers referred to in letters a) and b) of the second paragraph of article 1 of this law, shall be eligible for a maximum of 90% of bonus. Which are integrated by one lower percentage shall be eligible up to a maximum of 80% of bonus.

The Commission may define special programs to reward projects of irrigation farmers considered in letters a) and b) of the second paragraph of article 1 of this law, whose total cost does not exceed 400 units of building. You can also, for such purposes, assign, and transfer to the Institute for agriculture development resources that are required. The Commission may define special conditions for the proper allocation of these resources among its potential beneficiaries.

Expenditure for the acquisition of machinery and equipment necessary to construct, install or repair works of irrigation or drainage, or equipment and implements to manufacture, install or repair elements of mechanical irrigation will not be subject to the bonus established in this law.

In addition, shall not be bonus the usual expenses of operation and maintenance of works, equipment and items referred to in the preceding paragraph, existing to build or acquire through the application of this law. "."

(4) replace article 4, whereby the following: "article 4.-the National Commission of irrigation will be called, at least quarterly, public tenders to which the potential beneficiaries referred to in article 2 may apply with their projects. Created the national public register of consultants of the national irrigation Commission under this Act. Projects must be signed by persons previously qualified and entered in the register. In any case they financed from the funds referred to in this law projects that have not participated in such competitions.

However the above, any potential beneficiary will begin the construction of a project of irrigation or drainage without having previously postulated to the competitions of this Act, if the conditions weather, terrain, agricultural or others thus made it necessary and may subsequently apply to any competition, for which purpose the Committee accredit the quality of new work notice prior to his execution, within the period of two years prior to the contest post that.

The Commission will call competitions altogether or separately to reward projects of irrigation or drainage of agricultural producers defined in letters to), b), c) of the second paragraph of article 1 of this law, and organizations and communities referred to in article 3, and must maintain the condition of concursabilidad in accordance with those same sections. In addition, you can separately call competitions intended to benefit projects in regions or areas, groundwater catchment projects and others that the Commission determines, in qualified circumstances. The Commission will annually to a similar number of contests to producers defined in the second paragraph of article 1.

The selection of the contestants projects will be determining for each of them a score that will define their order of priority. This score will take into account the weighting of the following factors: a) percentage of the cost of the project which will be in charge of the person concerned.

(b) surface irrigation again incorporating the project or its equivalent when the project refer to improvement of the safety of irrigation.

(c) surface of unproductive soil by its poor drainage that joined the project of drainage or equivalent unrestricted agricultural use only in the case of an improvement of the ability to use them.

(d) total cost of the project per beneficiary hectare.

(e) increase in the potential of the soils which will be water or drained, according to the commune in which they are located. "."

(5) remove the seventh subparagraph of article 5, through its eighth, ninth and tenth paragraphs to be subsections seventh, eighth and ninth, respectively, without amendments.

(6) add the following article 6 bis, new: "Article 6 bis.-once established the Chilean technical standards of quality of equipment and elements of mechanical watering through the National Institute of standardization, the national irrigation Commission must enforce in the projects of irrigation and drainage submitted to contests of this Act.".

(7) replace, in the first paragraph of article 7 °, the phrase "up to January 1, 2010" by "during the entry into force of this Act".

(8) added, to article 8, the following new second subsection: "The national irrigation Commission may contract, through public bidding, studies needed to measure capacity and behaviour of aquifers in groundwater that may be available for irrigation, to companies or agencies.".

((9) amending article 12, in the following way: to) replace the second paragraph, which follows:
"In the event of a change in land use from farms benefited by this law, which has been requested by the owner for other purposes, this should restore the perceived less proportional bonus the effective time of forestation works, about the total period referred to in article 14 of this body of law, restitution which shall be carried out under the conditions determined by the regulations.".

(b) add the following new third subsection: "similar situation applies to farmers of bonus sites that remove or change their crop for which was assigned the grant, if result is left without application of irrigation equipment bonus.".

((10) amended article 13, in the following way: to) interlayer, paragraph first, then the word "provide", the word "maliciously".

(b) replace, in the third paragraph, "Lyrics" by "Warranty" voice.

(c) delete, in the fourth paragraph, the phrase "with respect to the technical background and project costs,".

((11) amending article 14, in the following way: to) added, in the first subparagraph, the following final sentence: "in the case of mobile devices, the Commission may authorize its use in other than the original grounds of the project properties, provided that this land belongs to the owner of the project or exploited by it or its legal successors under a lease agreement , usufruct, use, trust or other legitimate form of exploitation, in the conditions that set the rules. "."

(b) replace, in the second paragraph, "Lyrics" by "Warranty" voice.

(12) replace, in article 17, the phrase "with the firm, as well as the Ministers of economy, development and reconstruction, of finance, public works, and planning and cooperation" with the following: "approval of the Council of Ministers of the national irrigation Commission".