"Article 1.-change the water code in the |! |" follows: 1. incorporate, in article 6, the following |! | final, new subparagraph: "If the owner give up total or partially to his |! |" exploitation right, must do so through |! | public deed which is registered or score, according to |! | appropriate, in the registry of property of waters of the |! | Real estate conservative competent. The conservative |! | Real estate will report the above address |! | General de Aguas, in the terms provided by the |! | Article 122. In any case, the waiver may not be in |! | prejudice to third parties, especially if decreases the |! | asset of the have resigned in connection with the right of |! | general pledge of the creditors. "."
2. replace article 22 with the following: ' article 22.-the authority will provide the right |! | " use on existing sources waters |! | natural and State development works of the |! | resource, and may not harm or undermine rights |! | third parties, and considering the relationship between |! | surface water and groundwater, according to thing |! | Article 3rd. "."
3 Intercalanse, in article 58, the following |! | second and third subparagraphs new, passing the current |! | subsections second and third to be fourth and fifth, subparagraphs |! | respectively: "If within the period established in subsection |! |" first of article 142 has been presented two or |! | more applications for exploration of groundwater |! | on a same territorial extension of property |! | national, the General direction of water will solve the |! | Award of the area of exploration through a remate |! | among the applicants. The bases of auction will determine |! | the form that will take out the Act, being |! | applicable to their respect provisions in articles |! | 142, 143 and 144, as appropriate.
Without prejudice to the provisions of subsection |! | above, and provided that permission has been granted for |! | explore groundwater, for the purposes of thing |! | indicated in article 142 first subsection, means |! | the date of filing of the application for |! | constitute the right of exploitation of waters |! | underground, will be the resolution granting such |! | permission. "."
4. Insert, after article 58, the |! | following article 58 bis, new: "article 58 bis.-proven the existence of |! |" groundwater on national property, the beneficiary |! | the exploration permit shall have the preference for |! | that grant you lit waters right |! | during the term of the same on the other hand mostly |! | petitioner, except that another applicant, within the |! | term that designates the subparagraph first of article 142 of |! | This code, filed a request for |! | constitute a right of use over the |! | same waters that are lit and requested during the |! | duration of the period of exploration, in which case, and Yes |! | There is no availability for both rights, constitute |! | apply the auction rules outlined in the |! | articles 142, 143 and 144. This exception will not be |! | applicable if the permission to explore groundwater |! | It was acquired in accordance with the provisions in the |! | second paragraph of the preceding article.
The preference enshrined in the previous paragraph, |! | may only be exercised within the period of the permit, and |! | three months later, and always as the dealer |! | you have complied with the obligation to submit a |! | full report on the work undertaken, its |! | results and conclusions obtained. "."
5 delete, article 60, the final phrase "without |! |" that may apply in this case the provisions on |! | auction of rights to use"and the comma (,) to |! | It precedes it.
6, in article 63, the following incorporated |! | Second, new subparagraph passing current subparagraphs |! | second and third to be third and fourth sub-paragraphs |! | respectively: "the Declaration of a zone of prohibition will give origin to |! |" a community of water formed by all the users of |! | including groundwater in it. "."
7 replace, the second paragraph of article 65, |! | by the following: "when the background information on the exploitation of the |! |" aquifer demonstrate the desirability of declaring area of |! | restriction in accordance with the provisions of subsection |! | earlier, the General direction of waters shall thus |! | enact it. This measure may also be declared to |! | request of any user of the respective sector, Yes |! | concur the circumstances that warrant it. "."
8 adding, in article 66, the following |! | Second, new subparagraph: "without prejudice to the provisions of subsection |! |" first article 67, and not needing that |! | previously declared restricted area, |! | prior authorisation of the General direction of waters, |! | any person may execute works to recharge |! | artificial aquifer, having thus the |! | preference so that becomes it a right of |! | temporary use on groundwater |! | derived from such works and while they are |! | maintain. "."
9 replace, in paragraph first item |! | 67, the final sentence "the same thing will happen when the owner |! |" the provisional duties perform works by recharging |! | artificial that they incorporate an equivalent flow or |! | top removal proceeding."by" this |! | " shall not apply in the case of the second paragraph of the |! | Article 66, situation which persist the |! | provisional duties while persists recharge |! | artificial. "."
10 amended article 114 of the next |! | (form: to) number 4, shall be replaced by the following: "4. the public deeds containing the Act |! |" formal final granting a right of |! | use, as well as containing resignation |! | such rights; "."
(b) replace, at the end of paragraph 6, the |! | conjunction "and" and the comma (,) that precedes it, by a |! | semicolon (;).
(c) replace, the end point of the number 7, by the |! | expression ", and".
(d) add the following number 8, new: "8. the rights of each community member or each Member |! |" a canal Association contained in the |! | constituent securities or agreements or resolutions to be |! | they refer to the numbers 1 and 2 of this article. "."
11 insert the following article 115 bis, |! | new, continuation of article 115: "article 115 bis." They shall be entered in the |! | Records of mortgages and liens and bans |! | and prohibitions relating to waters, alienate the |! | conditions precedent or shattering of the domain of |! | the rights of exploitation or other rights |! | real made about them, as well as all |! | impediment or prohibition regarding rights of |! | exploitation, whether conventional, legal or judicial which |! | pregnant or limit in any way the free exercise |! | of the right to dispose of them. "."
12 repeal the numbers 2 and 4 of article 116.
13 Agreganse, in article 122, the following |! | third, fourth, fifth, sixth, seventh, eighth subparagraphs |! | and ninth, new: "especially in public water cadastre |! |" There will be a public registration of rights of |! | Use of water, which must be maintained |! | the day, using, among other sources, information |! | that emanate of public writings and inscriptions that |! | practice in the records of the Conservatives of |! | Real estate.
For the purposes indicated in the preceding paragraph, |! | Notaries and real estate conservatives must |! | send to the General direction of waters, by letter |! | certified, authorized copies of the Scriptures |! | public inscriptions and other acts that relate |! | with transfers and transmissions of the domain of |! | the rights of use of waters and |! | organizations of users of water, within the 30 |! | days following the date of the Act to be performed before |! | them. In addition, they will be forced to send this |! | Service information specifically requested |! | the Director General de Aguas, in the manner and time which it |! | determine, and must assume the service, in this case, |! | the costs involved. Failure to observe this |! | liability of notaries and Conservatives will be |! | sanctioned as provided for in article 440 of the |! | Organic Code of courts.
It will also exist in the land registry, public waters, |! | a public registration of rights of use of |! | Water not entered in the registers of water of the |! | Real estate conservative susceptible de |! | Regularisation under the second article |! | transition of this code, which will indicate the |! | full name of its owner, flow and characteristics |! | Basic Law. This registration will serve as |! | enough precedent to determine the uses of water |! | likely to be regularized.
The General direction of water for each of the |! | Regions of the country, will dictate that resolutions |! | contain of water rights registered in the |! | Land registry public waters. These resolutions are |! | They shall publish in the official journal the fifteen days of |! | January, 15 April, 15 July or fifteen of |! | October of each year, or the first business day immediately Yes |! | those were holidays. The latest release is |! | held at the term of four years, counted from the |! | entry into force of this law.
Subject as provided in this article and |! | provisions of article 150, second paragraph, the |! | use of water rights holders, |! | whatever the origin of these, must register them |! | Public registration of rights of use of |! | Waters. With regard to the rights of use |! | that are not registered at the public registry |! | of water use rights, cannot |! | perform for them act whatsoever before the |! | Direction of waters or the Superintendence of |! | Health services. Rights holders of |! | use of water, whose rights in rem are |! | are in the process of registration |! | Public use of water rights, |! | they may participate in public tenders to |! | call the national irrigation Commission in accordance with |! | Law No. 18,450, adopted standards for promoting |! | private investment in irrigation and drainage works, |! | but the order of payment of bonus certificate |! | Irrigation and drainage, only can be placed when the |! | beneficiary has credited with display of |! | copy authorized registry as indicated, that their |! | rights are registered.
The General direction of waters to inform the two |! | twice a year to user organizations |! | respective, within the first five days of the |! | months of January and July, all registrations, |! | subinscripciones and annotations have been practicing |! | in the register referred to in the first subparagraph, and which |! | they are result of copies that have made him |! | become notaries and real estate conservative.
Records that the General direction of waters |! | It should be under the present provisions |! | Article, not replace in any case records |! | carrying the conservative real estate by virtue |! | provisions in articles 112, 114 and 116 of this |! | Code. Also, records that that service |! | leads, under any circumstances, they credited possession nor registered |! | dominion over the rights of use of waters or |! | real rights constituted upon them. "."
14. added, then Article 122, the |! | next article 122 bis, new: "article 122 bis.-user organizations |! |" They shall send to the General direction of water once |! | a year before 31 December, information |! | updated to that record in the register referred to in |! | Article 205, saying relationship with users, |! | especially that related to mutations in the |! | domain of rights of use to be |! | regarding the fourth paragraph of article 122 and the |! | incorporation of new rights to them.
The General direction of water, while don't give |! | compliance with stated in the previous paragraph, not |! | It received any request concerning records of |! | statutory modifications or any other relative |! | rights of use, with regard to the |! | organizations of users who do not comply with the |! | This obligation is established in the preceding paragraph.
Also, the breach of the obligation |! | established in subparagraph first of this article, |! | It will be punished, at the request of any interested party, with |! | the fine referred to in Articles 173 and |! | following. "."
15 Article 129 replaced by the following: "article 129-the domain rights of |! |" exploitation is extinguished by the indicated renunciation in |! | the third subparagraph of article 6 and, moreover, by the |! | causes and in the forms laid down in the right |! | common. "."
16. the following titles X and XI Intercalanse, |! | new, in book I, then of article 129: "Title X of the protection of waters and waterways article 129 bis.-If of the execution of works of |! |" damp or marshy land reclamation will result |! | prejudice to third parties, the water from such |! | works must be expressed to the nearest natural channel. |!| If not the above, they will be poured to |! | artificial runways, with the authorization of its |! | owners, or other natural channels. In the latter |! | case, you must obtain authorization from the Directorate |! | Water-general in accordance with paragraph 1 of the title |! | I of book II of this code.
Article 129 bis 1.-constitutes rights of |! | use of waters, the direction General de |! | It shall ensure the preservation of nature and the |! | protection of the environment, and must for this |! | establish a minimum ecological flow, which only |! | It will affect the new rights that constitute, for |! | which must also consider the conditions |! | relevant natural for each surface supply.
The minimum ecological flow may not exceed to the |! | Twenty per cent of the average annual flow of the |! | respective surface source.
In certain cases, and prior favourable report from |! | the Commission Regional del Medio Ambiente respective, the |! | President of the Republic may, by Decree |! | founded, setting different minimum ecological flows, |! | not comply with the limitation established in subsection |! | above, and may not affect rights of |! | existing use. If the respective source |! | natural covers more than one Region, the report will be |! | evacuated by the national environment Commission. The |! | ecological flow that is set pursuant to |! | in this subsection, shall not exceed the forty |! | percent of the average annual flow of the respective |! | surface source.
Article 129 bis 2-the direction General de Aguas |! | You may order the immediate cessation of the works or |! | tasks running on natural water riverbeds |! | currents or detainees who do not have with the |! | competent authorization and that could cause |! | damages to third parties, which may require the |! | aid of the public force in the terms |! | laid down in article 138 of this code, prior |! | authorization of the competent judge of letters in place |! | that such works are carried out.
Likewise, in the authorizations granted the |! | Directorate-General for waters concerning modifications or |! | new works in natural channels that mean a |! | decrease in the recharge of aquifers, |! | they may be considered appropriate, mitigate measures. De |! | failure to do so will be denied the authorization in question.
Article 129 bis 3.-the General direction of waters |! | You must establish a network of monitoring stations of |! | quality, quantity and levels of waters both |! | surface and groundwater in each basin or hoya |! | Hydrographic. The information obtained should be |! | public and shall provide to who request it.
TITLE XI OF THE PAYMENT OF A PATENT FOR THE NON-USE OF THE |! | WATERS article 129 bis 4.-rights of |! | non-consumptive use of permanent exercise |! | respect of which the holder has not built the |! | works referred to in subsection first article 129 |! | bis 9, will be affected, in the unused proportion of |! | their respective volumes, to the payment of an annual patent to |! | tax benefit. The patent shall be governed by the |! | following rules: 1. in the case of rights of use not |! | consumptive whose collection points are located between |! | the regions first and tenth, with the exception of the |! | (provincia de Palena: a) in the first five years, the patent will be |! | equivalent, in monthly tax units, value |! | resulting from the following arithmetic operation: annual value of the patent in UTM = 0 33xQxH. |!| The Q factor corresponds to the flow medium used no |! | expressed in cubic metres per second, and factor H, |! | to the difference in height between the points of capture and |! | return expressed in meters.
(b) between the sixth and tenth years inclusive, the |! | calculated in accordance with the previous letter patent |! | (se multiplicará por el factor 2, y c) from the eleventh year hereafter is |! | It multiplied by the factor 4.
2. in the case of rights of use not |! | consumptive whose collection points are located in the |! | province of Palena and the eleventh regions and |! | (Duodécima: a) in the first five years, the patent will be |! | equivalent, in monthly tax units, value |! | resulting from the following arithmetic operation: annual value of the patent in UTM = 0 22xQxH.
(b) between the sixth and tenth years inclusive, the |! | calculated in accordance with the previous letter patent |! | (se multiplicará por el factor 2, y c) from the eleventh year hereafter is |! | It multiplied by the factor 4.
3. for the purposes of the calculation of patent |! | established in this article, if the acquisition of |! | waters has requested conduct through a |! | reservoir, the value of the factor H will correspond, in everything |! | case, to the gap between the maximum height of flood and |! | restitution point expressed in metres.
In all those cases in that the gap between |! | the points of collection and return is lower to |! | 10 meters, the value of factor H, for the purposes of |! | This operation shall be equal to 10.
4 shall be exempt from the payment of those patent |! | rights of use which media volumes by |! | unit of time, expressed in the Constitution Act |! | original, are less than 100 liters per second, in |! | the first metropolitan regions, both inclusive, and |! | to 500 liters per second in the rest of the regions.
Article 129 bis 5.-rights of |! | consumptive use of permanent exercise, |! | respect of which the holder has not built the |! | works referred to in subsection first article 129 |! | bis 9, will be affected, in the unused proportion of |! | their respective flow media, to the payment of a patent |! | annual tax benefit.
The patent referred to in this article shall be governed |! | (por las siguientes normas: a) in the first five years, the rights of |! | permanent exercise, whose waters belong to basins |! | River basin situated in the first regions to |! | Metropolitan, both inclusive, shall pay a patent |! | annual amount shall be equivalent to 1.6 units |! | tax monthly, per liter per second.
With regard to the rights of use whose |! | waters belong to watersheds located in |! | the regions sixth to ninth, both inclusive, patent |! | It will be equivalent to 0.2 monthly tax units, |! | per liter per second, and for those in the |! | Regions tenth, eleventh and twelfth, will amount to 0.1 |! | monthly tax unit per liter per second.
(b) between the sixth and tenth years inclusive, the |! | calculated in accordance with the previous letter patent |! | (se multiplicará por el factor 2, y c) from the eleventh year hereafter is |! | It multiplied by the factor 4.
For the purposes of the accounting of the |! | periods of non-use of the waters, they will begin |! | be effective as from 1 January of the following year to the de |! | the date of publication of this law. In |! | the case of rights of use to be |! | constitute or recognize after such date, |! | deadlines are calculated from the date of its |! | incorporation or recognition.
They shall be exempt from the payment of those patent |! | rights of use which media volumes by |! | unit of time, expressed in the Constitution Act |! | original, are less than 10 liters per second, in |! | the first metropolitan regions, both inclusive, and |! | to 50 litres per second in the rest of the regions.
Article 129 6.-rights of |! | use of any exercise, that non-|! | used whole or in part, will pay one-third of the |! | value of the patent assigned to exercise rights |! | permanent.
They shall be exempt from the payment of those patent |! | non-consumptive use rights of exercise |! | eventually whose average per time unit volumes, |! | expressed in the original Constitution Act, be |! | less than 300 litres per second, in regions |! | First to Metropolitan, both inclusive, and 1,500 |! | liters per second in the rest of the regions.
Will also be exempt from the payment of those patent |! | consumptive use rights of exercise |! | eventually whose average per time unit volumes, |! | expressed in the original Constitution Act, be |! | less than 30 liters per second, in regions |! | First to Metropolitan, both inclusive, and to 150 litres |! | per second in the rest of the regions.
Finally, it will be exempt from the payment of patent |! | those rights of use of exercise |! | eventually, whatever its flow, which are of |! | property tax.
Article 129 bis 7.-payment of the patent be |! | carry out within the month of March of each year, in |! | any bank or institution authorized to raise |! | tributes. The General direction of waters will publish the |! | resolution containing the list of rights |! | subject to this requirement, in the proportions that |! | correspond. The list shall contain: the |! | identification of the owner, the nature of the |! | right, the volume per unit of time involved in |! | the right and the capacity of the works of catchment, the |! | date and number of the resolution of the Management Board |! | Water or court ruling which awarded the |! | law and the individualization of your registration in the |! | Waters in the conservative's real estate registration |! | respective in the case in which these data are |! | held by the authority. The publication will be |! | complemented by a radio message from an extract of |! | This, in a station with territorial coverage of the area |! | corresponding. This publication shall be 15 de |! | January of each year, or the first business day immediately Yes |! | that is a holiday, in the official journal and in the form |! | featured in a newspaper or newspaper of the province |! | respective and, if it has not, in one of the capital's |! | the corresponding Region.
This publication shall be considered as notification |! | sufficient for the purposes of the provisions in the |! | Article 129 bis 10.
As indicated in the present subject |! | Article, the payment of the patent shall be suspended during the |! | time that is effective any measure of a |! | tribunal ordering the partial or total suspension of |! | the construction of the works that are designated in the |! | Article 129 bis 9.
Article 129 8.-corresponds to the Director |! | Water-general, after consultation with the Organization of |! | users respective, determine rights of |! | use whose waters are not total or |! | partially used, to 31 August each year, |! | to which you must make a list with the |! | pertaining to the patent rights of exploitation, |! | indicating the volume per unit of time involved in |! | rights. In the event that the rights have works |! | catchment, it should be noted the capacity of such |! | works and will bear the resolution that any |! | approved.
Article 129 bis 9.-for the purposes of the article |! | earlier, the Director General of water may not |! | subject to the payment of the patent be considered to be |! | refer articles 129 bis 4, bis 5 129 and 129 6, |! | those rights of exploitation for which |! | There are works of catchment waters. In the case of |! | non-consumptive harvesting rights, must |! | also exist the necessary works for your |! | restitution.
The non-payment of patent referred to in subsection |! | above shall apply in proportion to the flow |! | corresponding to the ability to capture such |! | works.
In addition, the Director General of water may not |! | subject to the payment of the patent be considered to be |! | refer articles 129 bis 4, bis 5 129 and 129 6, |! | those permanent use rights, |! | by decision of the Organization of user |! | appropriate, had been subject to shift or |! | proportional distribution.
Will also be exempt from the payment of the patent the |! | all or part of those rights of |! | use which are managed and distributed by |! | an organization of users in an area in which no |! | There are facts, acts or conventions that prevent, |! | restrict or impede free competition.
To qualify for the exemption referred to in subsection |! | earlier, will be necessary to the Court's defense of |! | Free competition, at the request of the respective |! | Organization of users or any holder of a |! | right to use that part of a |! | Organization of users and report of the |! | General Directorate of waters, and in accordance with thing |! | derogation from articles 17 C and 18 of the law Nº |! | 19.911, declare that in the area referred to in subsection |! | above, there are no facts, acts or conventions that |! | prevent, restrict, or impede free competition. |!| This statement may be left without effect by the |! | same court, if there is a change in the |! | the circumstances which gave rise to the exemption. This |! | exemption be governed once it has been declared by the |! | Court's defense of free competition and won't |! | retroactive effect.
The Declaration made in accordance with thing |! | provisions of the preceding paragraph, shall be notified to |! | the General direction of waters for the determination that |! | This must be carried out in accordance with the provisions in the |! | Article 129 8.
The Director of waters shall not be subjects |! | the payment of the patent referred to in articles |! | bis 4-129, 5-bis 129 and 129 6, those rights of |! | use having utilities |! | public health and that they are suffering to his |! | respective granting, to date, in accordance with |! | its development program, should begin to be used, |! | circumstances that must certify the Superintendency |! | of health services.
For the purposes of this article, shall mean by |! | catchment of surface water, those artworks |! | to incorporate them to the channels and other works of |! | driving, even when such works are unavailable |! | temporary and renewed periodically. In the case of |! | underground, water catchment works shall mean |! | those which allow your delivery.
Article 129 bis 10.-apply to the |! | resolutions of the General direction of waters, dictated |! | in accordance with the provisions of this title, |! | the resources referred to in articles 136 and 137 of |! | This code.
The filing of the designated claim appeal |! | in article 137, not suspend the payment of the patent, |! | unless the respective Court of appeals order |! | such measure.
Article 129 bis 11.-If the owner of the right of |! | use not pay patent within the time |! | indicated in article 129 bis 7, will start a |! | judicial proceedings for its enforcement.
The execution of the obligation to pay the patent |! | You can only become effective on the unused portion |! | of the right of use.
Article 129 12.-before June 1 of each |! | year, the Treasurer General of the Republic will send to the |! | judged competent rights payroll of |! | use of water, whose patents have not yet been |! | paid, specifying its owner and the amount owed |! | to start the procedure. The Payroll will constitute |! | Executive title and shall indicate at least: name of the |! | owner, date of incorporation and the Act number |! | administrative that granted the right, the part that is |! | affects of tribute and respective resolution and registration |! | in the registration of waters in the conservative's real estate |! | and in the land registry public waters, if you had this |! | last. The General direction of waters shall ensure by |! | compliance with this provision and provide its |! | collaboration to the General Treasury of the Republic.
It will be competent judge to hear the trial |! | Executive of the commune where you have your office the |! | Conservative real estate in whose register is |! | the rights of use are registered. Yes |! | There is more than one, it will be which is shift to the |! | time of receipt of the list referred to in the |! | previous paragraph. It shall be applicable to this trial, in which |! | appropriate, the provisions of article 458 of the code |! | of Civil procedure.
Article 129 bis 13.-the judge will dispatch the |! | writ of execution and embargo on the part not |! | used the right of exploitation, by means of a |! | Providence which shall affix in a separate document |! | to the list indicated in the previous article.
This may go against all debtors to the |! | time and not be susceptible of appeal.
The embargo can only lie in the part of the law of |! | use on payment of patents that are |! | due.
Article 129 bis 14.-notification of |! | found in mora, as well as the order for payment, |! | will be made to the person listed as owner of the |! | use in the registration of property right |! | Real estate conservative waters respective and |! | they may be directed against one or more debtors at the same time, |! | by sending letter certified to the door of the |! | debtor.
Notification and requirements indicated in |! | the preceding paragraph shall be made by the |! | publication of the resolution containing the |! | order for payment in the official journal the day |! | first or fifteen of each month or the first working day |! | immediately following if those were holidays, |! | and, prominently, in a newspaper or newspaper of the |! | respective province and, if it has not, in one of the |! | capital of the corresponding Region. The cost of this |! | publication will be in charge of the Treasury General of the |! | Republic.
The part of the right of exploitation or the right |! | use of water owed patent |! | shall be seized by the only Ministry of law, |! | from the moment in which it takes place the requirement of |! | payment.
Article 129 bis 15.-the debtor may object to the |! | execution within the period of thirty days |! | from the date of the above-mentioned publications in |! | the previous article.
The opposition is only admissible when it melts in |! | any of the following exceptions: 1 ° payment of the debt, which always recorded by |! | writing;
2nd prescribing the debt;
3. remission of the debt;
4th judicata, or 5th that are pending |! | some of the resources referred to in article 129 |! | bis 10. In this case, and while it is pending |! | the resolution of these resources, will be suspended the |! | procedure.
6th found the payment of patent |! | suspended application of the final paragraph of the article |! | 129 bis 7.
The opposition will be processed as incidental, but |! | If exceptions do not meet the requirements in |! | the previous subsection, be rejected flat. The resource of |! | appeal that stands against the resolution |! | to reject the exceptions shall be granted in the single |! | devolutive effect. The Court of second instance only |! | You may order the suspension of the execution when the |! | opposition melts in the payment of the debt consisting in |! | a history written or that are pending |! | some resolution of resources concerning |! | Article 129 bis 10. The appeal that comes |! | against the resolution that welcome exceptions, be |! | It will grant both effects.
If exceptions, is partially acogieren |! | continue the execution by the amount determined by the |! | Court, in accordance with the provisions of the article |! | following. If resources which refers the 5th number |! | of this article are met, the tribunal |! | There will be a history file. In case |! | otherwise, continue with the processing of the |! | auction procedure.
Article 129 bis 16.-If the term transcurriere |! | the debtor has to oppose the execution without that thing |! | It has done or, having deducted opposition, this is |! | rejected, the judge will issue a resolution noting day |! | and time for the auction, which will be published, together with the |! | list of rights to be auctioned, only once in a |! | journal or newspaper of the respective province and, if not |! | any, in one of the capital Region |! | corresponding. Payroll, will also be disseminated through |! | radio message at a station with territorial coverage |! | of the relevant area. The cost of these publications |! | It will be in charge of the General Treasury of the Republic.
The judge shall, report the address |! | General of water and having to view the requests of |! | the interested parties, the corresponding flow |! | to the rights of use to be mended, |! | auctioned to divided it into as many parts as it sees |! | convenient, and must begin the auction for share |! | minor.
The auction may not be before the thirty |! | days following the date of the notice.
Any errors or omissions in the designated publication in the |! | subsection may first be rectified before the auction, |! | at the request of anyone who has an interest in it or |! | the General direction of waters. The judge will resolve with |! | knowledge of the facts. The rectifications will be published |! | in the same way that the original publication and the auction |! | will be delayed to a later date in thirty days, |! | at least, to the latest release.
The clerk of the Court shall testify in the |! | cars have been published notices in the form and |! | designated opportunity.
The minimum of the auction will be the value of the |! | arrears patent, or the part that corresponds, and the |! | rightholder may release it by paying the value |! | over 30% of the same.
All bidder, to take part in the auction shall |! | pay enough to profit tax, qualified bond |! | the Court, without further recourse to respond |! | that will take effect the payment of the duties of |! | finished harvesting. The warranty shall be equivalent |! | ten percent of the amount owed, or the part that |! | appropriate, and shall continue until it is granted the |! | final script for the award.
If the successful bidder does not enterare the price of the |! | auction within the term of 15 days counted from the |! | date of the auction, the award shall be without effect by |! | the only Ministry of the law and the judge will make effective the |! | tax benefit guarantee, ordering that the rights |! | use they are again taken to auction.
If the proceeds exceed amount owed by concept |! | patents, expenses and costs, the remainder will be |! | delivered to the defendant.
The auction sale will be made by the auctioneer |! | appointed by the Court concerned and she |! | may attend, the Treasury, the institutions of the sector |! | public and any person, all in equality of |! | conditions. The Treasury may be attributed to the price of the |! | top, the amount owed by concept of patents. Yes |! | the Treasury or any of the institutions of the sector |! | public are awarded the right to use, |! | they must renounce it, in accordance with thing |! | arranged in the final subparagraph of article 6th time |! | maximum of two months from the registration of the |! | Award in the real estate conservative |! | respective. If the Treasury does not inscribiere the resignation |! | within two months from the date of |! | Award, the respective judge may, at the request of |! | any interested person, order on behalf of the Treasury, the |! | registration of renunciation, in the register of waters |! | corresponding. In this case, the water will be free |! | for the creation of new rights of |! | use in accordance with the General rules.
Shall apply the provisions of the article 2428 of the |! | Civil Code and article 492 of the code de |! | Civil procedure auction procedure of the |! | right of use. Without prejudice of thing |! | earlier, the Treasury will have preference to collect the |! | owed from the proceeds of the auction of all patent |! | another creditor.
Article 129 bis 17.-other procedures |! | the auction, to the corresponding Act, concerning to the |! | writing award and its registration, shall be governed |! | by the provisions of the code of Civil procedure |! | relating to the auction of seized property.
Article 129 18.-If bidders are not present |! | on the day designated for the auction, the DG |! | waters asked the Court that the right of |! | use put for a second time to finish, |! | This time without the minimum stated in the sixth paragraph of the |! | Article 129 bis 16.
If put to auction the exploitation right |! | as indicated in the previous paragraph, neither is |! | they present bidders, the judge shall award the right of |! | use to the Treasury, on behalf of the Ministry of |! | National property, he must renounce it, de |! | pursuant to the final clause of the |! | Article 6 within a maximum period of two months, numbered |! | Since the registration of the award in the |! | Real estate conservative respective. If the Treasury not |! | It inscribiere the resignation within two months |! | from the date of contract award, the respective judge |! | It may, at the request of any interested party, order a |! | name of the tax registration of renunciation in the |! | Registration of the corresponding waters. In this case, the |! | waters will be free for the new Constitution |! | rights of use in accordance to standards |! | generals.
Article 129 bis 19.-an amount equal to 75% of the |! | net proceeds of patents by non-use of the |! | rights of use and of the proceeds in the |! | shots of the latter, will be distributed, to tell of the |! | for the fourth year financial year |! | subsequent to the publication of this law, among the |! | regions and districts of the country in the way that a |! | (continuación se indica: a) 65% of such net proceeds and fundraising by |! | auctions will be incorporated into the share of the National Fund of |! | Regional Development annually corresponding, in the |! | National budget, to the Region where you have your trade |! | the conservative real estate in whose register is |! | the rights of use are registered.
(b) the remaining 10% will be distributed proportionally |! | to the surface of the respective basins |! | communes where the real conservative is competent |! | Roots, in whose register are registered the |! | rights of use.
The proportion of the quantity indicated in the letter |! | a) above, appropriate to each Region, are |! | must be determined as the quotient between the raised amount |! | by patents and corresponding to the Region auctions in |! | where have their craft the conservative real estate in |! | which registration are registered rights of |! | utilization and the total amount raised by these |! | concepts in all regions of the country. Same criterion |! | shall apply in the case of municipalities that are |! | means the letter b). In the latter case, if a right |! | use is located in territory |! | of two or more districts, the General direction of waters |! | It will determine the proportion that it shall be responsible to each |! | one of them, dividing the amount corresponding to |! | proportion to the surface of each commune included in |! | the territorial extension of the right of use.
The law of budgets will include, in the |! | the regional government budgets and |! | municipalities which correspond to quantities |! | resulting from the application of the preceding subparagraphs.
For the purposes of this article, shall mean by |! | NET product quantities resulting from subtracting to the |! | gross revenues, obtained from the application of the |! | patents that establish the bis 4 articles 129, 129 bis |! | 5 and 6 129, the amounts charged to the payment of taxes |! | prosecutors in the form provided for in the following article, |! | both values corresponding to the period of twelve months, |! | counted backwards from the month of June of the year |! | prior to the enactment of the law of budgets that |! | include the distribution which proceed according to this |! | provision.
Article 129 bis 20.-the value of patents not be |! | will be considered tax expenditure for the purposes of the |! | determination of the tax base of tax of |! | First category of the law on income tax. |!| Notwithstanding this, this amount will not you be |! | applicable provisions of article 21 of this law.
The holders of exploitation rights may |! | deducted from the amount of provisional payments |! | binding of the income tax Act, the |! | monthly amounts that pay for concept of patents |! | in the years prior to the one that starts the |! | use of the waters. The remnant that proves de |! | This imputation, by the interim payment be lower |! | mandatory or there is no obligation to do so in |! | This period can be attributed to any other tax |! | retention tax or surcharge of monthly statement and |! | simultaneous payment that is payable on the same date, and the |! | balance still remaining may be attributed to the same |! | imposed indefinitely in the following months, even |! | his total exhaustion, reset in the way as |! | prescribed by article 27 of the Decree Law N ° 825, de |! | 1974 article 129 bis 21.-with respect to the rights of |! | use non-consumptive, may be charged in |! | accordance with the previous article, all payments |! | during the eight years prior to that in |! | to start the use of the waters.
With respect to the rights of use |! | consumptive, all payments will be charged also |! | during the six years prior to that in |! | to start the use of the waters.
If the exploitation right may be acquired |! | by auction in accordance with the provisions in the |! | articles 142 to 147, and bis 16 129 and 129 bis 17 of the |! | present Code, the amount paid, duly |! | reset, by concept of price of the concerned right |! | by the holder thereof can be imputed to the payment of |! | the patent referred to in articles 129 bis 4, 129 bis |! | 5 and 129 6. A regulation will determine the shape of |! | perform the allocation referred to in this subsection. "."
17, add to article 131, the next subsection |! | Fourth, again, passing the current paragraph fourth to be |! | fifth paragraph: the request or summary will be communicated to costa of the |! | interested, in addition, by means of three radio messages.
These messages must be issued within the time that |! | It establishes first subsection of this article. The |! | Director General de Aguas, determined by |! | resolution, the radio stations where should spread the |! | listed messages that must be covered in the sector than |! | involve the point of the respective application such as |! | the location of the intake, the point you want |! | capture the water and the place where the |! | approval of the hydraulic works, among others, in addition, |! | of the days and times that should be issued, as |! | also its contents and how to accredit the |! | compliance with this requirement.
18 Introducense the following modifications in |! | "(el artículo 137 deel Código de Aguas: a) replace, in the first paragraph, the word |! |" respective", followed by a comma (,), by the phrase" of the |! | " place that is delivered the judgment which is disputed"|! | (seguida de una coma (,), and b) added, as new, second subsection passing the |! | current subsection second to be third, the following: "shall apply to the processing of the resource of |! |" claim, the relevant, the standards contained in |! | the 18th title of book I of the code of procedure |! | Civil, relating to the processing of the resource of |! | appeal must, in any case, notified to the |! | Dirección General de Aguas, which must report to the |! | tenor of the resource. "."
19 article 140 replaced by the following: article 140.-the application to acquire the |! | exploitation right shall contain: 1. name and other background to |! | identify the applicant. The name of the alveo de |! | the water that is needed to take advantage of, its nature, |! | that is, if they are superficial or subterranean, running |! | or detained, and the province in which they are located or which |! | they travel.
For groundwater, will be specified the |! | commune that clinches the catchment and the area of |! | protection requested;
2. the amount of water that is needed to extract, |! | expressed in metric and time.
For groundwater, shall be indicated the |! | maximum flow you need extract in an instant |! | given, expressed in metric measurements and time, and the |! | annual total volume that you want to remove from the |! | aquifer, expressed in cubic meters;
3. the points where you want to catch the water.
If the acquisition occurs through a reservoir or |! | located in the alveo barrier, refers to point of |! | collection that corresponds to the intersection of the |! | This work with the current maximum water level |! | natural.
In the case of non-consumptive rights, be |! | In addition, will indicate the point of restitution of the waters and |! | the distance and difference in height between the capture and the |! | restitution;
4. the mode of extracting the waters;
5. the nature of the right that is being requested, this |! | It is, if consumptive or non-consumptive, exercise |! | permanent or eventual, or continuous or |! | alternated with others, and 6. In the case that prompted, in one or more |! | presentations, a top water volume to the |! | quantities indicated in the concluding paragraphs of the |! | articles 129 bis 4 and bis 5 129, the applicant must |! | accompany an explanatory memorandum which will designate the |! | amount of water that is needed to remove, depending upon the usage |! | that will be. For these purposes, DG |! | water will have forms containing the |! | necessary background for the fulfillment of this |! | obligation. Such memory will be presented as a |! | affidavit on the veracity of the |! | background incorporating it. "."
20 disposed of, in article 141, paragraph |! | third, passing the current paragraph fourth to be subsection |! | third party.
21 amended article 142, the next |! | shape:
1. replace the first subparagraph, by the |! | Next: "If within a period of six months from |! |" the presentation of the request, there have been |! | two or more applications on the same waters and non-|! | has sufficient resources to meet all the |! | requirements, the General direction of water, once |! | meeting history proving the existence of |! | available for the creation of new water |! | rights on them, will be mentioned to an auction of these |! | rights. The bases of auction will determine the way in |! | that will be carried out this Act. "."
2. in the third subparagraph, add, below |! | endpoint, as follows: "the General direction of |! |" Waters communicated by registered letter background |! | aforementioned, applicants that the deadline |! | established in subsection first this article, |! | they have filed about the same waters |! | involved in the auction. The same notification can |! | make it to the respective organization's users. In |! | These notices and communications indicated the |! | Directorate-General of water shall designate the area as |! | becomes compromised, from the point of view of the |! | availability for the creation of new rights |! | use of water once you are awarded |! | the rights involved in the auction. The omission of the |! | sending the registered letter referred to in the |! | This subsection shall not invalidate the respective auction, without |! | prejudice to effective responsibility of the |! | official who committed such omission. "."
22 article 144, replace by the following: ' article 144-the auctioning of |! | " requested use, the civil servant shall it |! | designated by the Director-General of water and she can |! | go people who have presented the |! | request within the period referred to in subsection |! | Article 142, the Treasury and any of the |! | institutions of the public sector in equality of |! | conditions. If the request falls on waters |! | surface will be able to attend, in addition, any |! | person.
Subject as provided in the preceding paragraph, |! | applicants who are awarded the right of |! | use, failing to pay the price of the |! | top procedural costs which it had incurred |! | in the processing of their requests, corresponding to |! | the costs of publication of the same made of |! | accordance with the law and those arising on the occasion |! | ocular inspection pointing article 135 of |! | This code. "."
23 Intercalanse the following articles 147 bis |! | and 147 ter, new, continuation of article 147: "article 147 bis.-the exploitation right |! |" water will be established by resolution of the |! | Directorate-General of water, or by Decree |! | Supreme of the President of the Republic, in the case |! | laid down in article 148.
The General Director of waters if the cases do not occur |! | referred to in the first subparagraph of article 142, may, |! | by resolution established, limiting the flow of a |! | application of rights of use, Yes |! | clearly there is no equivalence between the |! | amount of water that is needed to extract, attended the |! | end invoked by the petitioner in memory |! | explanatory indicated in no. 6 of article 140 this |! | Code, and the flow rates indicated in a table of |! | equivalences between flows of water and uses, which reflects |! | standard practices in the country in terms of |! | use of water. Such a table will be set |! | by Supreme Decree signed by Ministers of |! | Public works, mining, agriculture and economy.
Also, when it is necessary to book the resource |! | for the supply of the population by not exist |! | other means to obtain water, either, in the case of |! | requests for non-consumptive rights and by |! | national interest, and exceptional circumstances the |! | President of the Republic may, by Decree |! | founded, with the General direction of water report, |! | have the partial refusal of a request of |! | right of use. This Decree will be published |! | only once in the official newspaper, the first day or |! | Fifteen of each month, or the first business day immediately |! | Next if those were holidays.
If considering the availability of water is not |! | possible to constitute the right to development in the |! | chosen conditions, Director General de Aguas |! | You can do this in quantity or characteristics |! | different, provided that the consent will be recorded from the |! | interested. Thus, for example, be possible to constitute it |! | as a casual or discontinuous, having been |! | requested as permanent or continuous.
Without prejudice to the provisions of articles 22, |! | 65, 66, 67, 129 bis 1 and 141 final subsection, shall the |! | Constitution of exploitation rights over waters |! | underground, always to the exploitation of the respective |! | aquifer is the appropriate conservation and |! | protection in the long term, whereas the |! | technical background of recharge and discharge, as well as |! | the conditions of existing and foreseeable use, all |! | which should be public knowledge.
Article 147 ter-affected by a decree of the |! | President of the Republic, who has the refusal |! | a petition of right to use partial |! | be claimed before the Court of appeals of Santiago, |! | within a period of thirty days from the date |! | its publication. It shall be applicable to this claim the |! | procedure laid down in article 137. "."
"24. replace, in article 148, the phrase |! |" third subparagraph of article 141 "by" first sub-paragraph |! | " item 142 ".
|!| 25 article 149 replaced by the following: ' article 149-the administrative act whose |! | " virtue is the right shall contain: 1. the name of the purchaser;
2. the name of the alveo or individualization of the |! | commune in which is the catchment of waters |! | underground that he is needed to take advantage of and area of |! | protection;
3. the amount of water that is allowed to extract, |! | expressed in the form provided for in article 7 of this |! | Code;
4. the precise points where you will capture the |! | water and how to remove it;
5. the unevenness and restitution of water points |! | in case of non-consumptive uses;
6. If the right is consumptive or non-consumptive of |! | exercise permanent or casual, continuous or discontinuous |! | or alternated with other people, and 7. Other related technical specifications with |! | the special nature of the right and the |! | modalities affecting it, with the aim of conserving |! | the environment or protect rights of third parties.
Without prejudice to the provisions of the second paragraph |! | Article 147 bis, the exploitation right |! | constituted in accordance with this article, not |! | It will be in any way conditional use certain |! | and the owner or the successors in the domain to any |! | title requirements may be it for the purposes that they deem |! | relevant. "."
26 replaced subsection first item |! | 160, by the following: ' article 160-the application will be published of |! | " pursuant to article 131. "."
27 replace the subparagraph first item |! | 162, by the following: ' article 162.-with all the background |! | " gathered, and compliance with the requirements set out in |! | Article 159, the General direction of water will host |! | the request for change of source of supply. In |! | otherwise, the request will be denied. "."
28 adding, in article 163, the next |! | Second, new subparagraph: "If the request was legally appropriate, not be |! |" they affect the rights of third parties and there is availability of the |! | resource in the new point, direction |! | Water-General must authorize transfer. "."
29 added in title II of the second book the |! | following paragraph 3, new: 3. the arbitration article 185 bis.-without prejudice in |! | Articles 177 and 244 of the code, conflict |! | that occur in the exercise of rights of |! | use of water, can be solved by a |! | arbitrator with the character of arbitrator, who may be |! | appointed by common agreement and in subsidy, by the judge of |! | letters concerning respective civil the |! | Article 178, which must lie in a person than |! | figure on a payroll that the effect will be the courts |! | of appeals. The character of referee will be incompatible |! | with the public official.
"30 replacements, in article 186, the phrase |! |" canal or reservoir, or in common use of the same work of |! | uptake of groundwater,"by" canal, reservoir, or |! | " they take advantage of the same aquifer waters,"and the |! | expression "matrix channel" by "flow matrix".
31 added in article 196 follows |! | final new subsection: "communities of water that complied with |! |" This requirement shall enjoy legal personality and les |! | shall apply the provisions of the title XXXIII of the |! | Book I of the Civil Code, with the exception of items |! | 560, 562, 563 and 564. "."
32 Introducense, in article 263, the |! | (siguientes modificaciones: a) added, in the first paragraph, then |! | "the phrase"take advantage of waters", the words |! |" surface or underground". (b) replaced, the second paragraph, by the |! | Next:
"The Constitution of the Board of vigilance and their |! |" statutes, are indicated in a public deed, which shall |! | joining the General direction of waters, |! | together with a publication in a journal or |! | newspaper of the respective province and, if no, |! | in one of the corresponding regional capital, in the |! | which the Constitution of the organization is notified of |! | users concerned, with indication of date and |! | notary of the public document establishing. "."
(c) Agreganse following third subparagraphs |! | Fourth, fifth, sixth and seventh, new: "starting from the date of entry to the address |! |" General of water of the public deed showing |! | the Constitution and bylaws of the Board of vigilance, |! | the service shall have a period of sixty days |! | to carry out legal and technical observations which |! | sean case, which must be resolved by the |! | interested in non-fatal within sixty days.
Expiry of the period referred to in subsection |! | precedent, without the General direction of water has |! | made observations, or having them carried out, |! | they were resolved satisfactorily, the writing |! | public in that contained the Constitution and statutes of the |! | Monitoring Board to be published in extract, |! | previously entered in the office of said parts |! | Service, for once, in the official journal, and shaped |! | featured in a newspaper or newspaper of the province |! | respective, and if there were, in one of the capital's the |! | Corresponding region. This publication shall be |! | within thirty days of the date of |! | the General direction of water entering. Made the |! | referred to publication, the Monitoring Board will enjoy of |! | legal personality.
The summary indicated in the preceding paragraph, shall |! | contain the following indications: 1. the name, address and purpose of the Board of |! | Surveillance.
2 watershed to which he belongs.
3. the runways or runway section, |! | aquifers or natural source that has |! | jurisdiction.
4. enumeration of channels subject to its |! | jurisdiction, with an indication of their rights of |! | use in the riverbed or natural source, expressed |! | together in actions and in volume per unit of |! | time.
5 enumerating individual users than |! | capture directly from the natural channel, through a |! | intake, with an indication of their rights of |! | use, jointly expressed in actions and |! | in volume per unit of time.
6. the number of members who will form the |! | Directory, or the number of administrators, according to the |! | case.
7. the identification of the members of the |! | first Board of directors or the managers, according to |! | the case.
In the case of monitoring boards constituted by |! | public deed, not having agreement between the |! | Directorate-General for water and stakeholders for |! | solve the remarks made by the first, will be |! | recourse to the judicial procedure of |! | referred to in article 269 of the Constitution |! | Code.
Interested parties shall submit to the address |! | Water general copy of publication indicated in the |! | for your registration in the fourth subparagraph |! | Service. "."
33 replaced, in subsection first item |! | 266, the expression "channels" by "sources".
34 replaced, the third paragraph of the article |! | 269, by the following: "may also be constituted by writing |! |" public provided that concur to subscribe it most |! | absolute of the persons or organizations designated in |! | Article 263. "."
Replace the second paragraph of article 35 |! | 270, by the following: "the judge, before working out, or not to exist |! |" controversy over the channels that should be |! | subject to the Board of vigilance, their endowments and the |! | way in which will participate in the distribution, it will ask |! | report to the General direction of waters, which will have |! | a period of sixty days to evacuate it, expired |! | which should resolve, regardless of it. "."
36. replace, in number 1 of article 274, |! | the phrase "water rights" by "rights of |! |" use of water".
(37.-Reemplázanse las letras c) and d) of the article |! | ((299, by the letters c), d) and e): "c) exercising police and surveillance of waters in |! |" the natural channels of public use and prevent in |! | These are built, modified or destroyed works without the |! | authorization from the service or authority to whom |! | appropriate to approve its construction or authorize its |! | demolition or modification.
(d) in the event that there are no joints of |! | Legally constituted surveillance, prevent is |! | extract water of the same channels without title or |! | as many as appropriate. For these |! | effects, may require the help of the public force |! | in the terms established in article 138 of this |! | (Código, y e) oversee operation of the |! | organizations of users, in accordance with provisions |! | in this code. "."
38 amended the article 314 of the next |! | (way: to) replace the third subparagraph by the following: "declared the area of shortage, and there being no |! |" agreement of the users to redistribute the waters, the |! | Directorate-General of water may do so with regard to the |! | available in natural sources, to reduce to the |! | at least the general damages deriving from the drought. |!| It may therefore suspend the powers of the |! | Boards of surveillance, as also the time-lapse |! | natural currents that are understood |! | within the area of scarcity. "."
(b) Agreganse the following subparagraphs fourth and |! | Fifth, new, passing current fourth subparagraphs |! | Fifth and sixth, to be sixth, seventh, and eighth, subparagraphs |! | respectively: "once declared the area of shortage and by the |! |" same period designated in subsection first this |! | Article, may be authorised by the General direction of waters |! | extraction of surface water or groundwater from |! | anywhere without need to establish rights of |! | use of water and without flow limiting |! | ecological minimum established in article 129 bis 1. |!| Also may be granted any of the authorisations |! | referred to in title I of the second book of this |! | Code.
For the purposes set out in subparagraphs |! | above, and the provisions of the following article, the |! | Measures shall be adopted by the Directorate General of water without |! | subject to the rules laid down in title I of the |! | Second book of this code. "."
39. replace article transitional 1st by the |! | following: "article 1 transitional.-rights of |! |" registered in the register of water use of the |! | Real estate conservative competent, whose |! | further transfers or transmissions not thing |! | they had been, may be regularized through the |! | registration of the corresponding titles from its |! | current owner up to the inscription of the |! | which come.
If the conservative of real estate where the |! | registration refused to practice new |! | chosen inscriptions, the interested party may occur |! | before the competent judge of letters so that, if deemed |! | appropriate, order the conservative practice such |! | inscriptions.
To resolve the request, the judge |! | ask the curator of real estate to report |! | has spoken negatively and to address |! | General of water and will have, in addition, to view, copy |! | authorized domain name registration of the |! | interested in the property in which to take advantage the |! | waters; certificate of validity of the certificate |! | of the respective organization's users evidencing |! | the quality of the applicant as an active member of it, |! | where applicable. "."
40 replace, in paragraph first item |! | transient 13, the phrase "article 12 of the present |! |" Code"by"article 112 of this code".