Law 373 of 1997
Official Gazette No. 43058 of June 11, 1997
Whereby the program for the efficient use and saving of water is established. Summary
THE CONGRESS OF COLOMBIA DECREES:
ARTICLE 1o. PROGRAM FOR EFFICIENT USE OF WATER AND SAVINGS. All regional and municipal environmental plan must necessarily incorporate a program for the efficient use and saving water. It is understood by program for the efficient use and saving water the whole project and actions that should develop and adopt the entities responsible for the provision of services of water supply, sewerage, irrigation and drainage, hydropower production and other water users.
The Regional Autonomous Corporations and other environmental authorities responsible for the management, protection and control of water resources in their respective jurisdiction, approve the establishment and implementation of such programs in coordination with other autonomous corporations that share the sources that supply the different uses.
. PROGRAM CONTENT AND EFFICIENT USE OF WATER SAVING. The program efficiency and water savings will be five- and should be based on the diagnosis of the water supply sources of supply and demand for water, and contain annual targets for reducing losses, educational campaigns to the community the use of surface, rain and groundwater, incentives and other aspects that define the Regional Autonomous Corporations and other environmental authorities, the entities providing the services of water and sewage, which manage irrigation projects and drainage, hydropower and other users of the resource, which is considered appropriate for program compliance.
PARAGRAFO. Amend paragraph 71.2 and paragraph 1o. Article 71 of Law 142 of 1994.
In order to ensure coordination between the functions of the Ministry of Environment and the Regulatory Commission for Drinking Water and Sanitation with regard to the objectives of efficiency program and water saving, change the composition of the Regulatory Commission for Drinking water and Sanitation.
Numeral 71.2 of Law 142 of 1994 shall read as follows: Four experts-time commissioners appointed by the President of the Republic for period of 3 years, re-eligible and not subject to the provisions governing the administrative career. One of them on a rotating coordinator shall act in accordance with the rules of procedure. By spreading the work internally between them ensure that everyone has an opportunity to provide their services for different kinds of issues that are the responsibility of the Commission. In any case, one of the experts must demonstrate knowledge in environmental matters.
Paragraph 1o. Article 71 shall read as follows: to the Commission Regulation of Drinking Water and Sanitation belong the Ministers of Health and Environment. The Energy Regulatory Commission and Gas Fuel belong to the Minister of Finance and Public Credit. Ministers may only delegate their attendance at the deputy ministers and the director of the National Planning Department in the Assistant Principal.
ARTICLE 3o. PREPARATION AND PRESENTATION OF THE PROGRAM. Each entity in charge of providing the services of water supply, sewerage, irrigation and drainage, hydropower production, and other users of water resources submitted for approval of the Regional Autonomous Corporations and other environmental authorities, the Program Efficiency and Saving Water . These environmental authorities must prepare and submit to the Ministry of Environment an executive summary for your information, monitoring and control, within six months from the date of approval of the program.
PARAGRAFO 1o. The entities responsible for implementing the Program for Efficient and Water Saving Use must present the first program the following twelve (12) months from the effective date of this Act, and for a period covering up the adoption of the following plan development of territorial entities covered by Article 31 of Law 152 of 1994. the following program will have a horizon of 5 years and will be incorporated into the development plan of local authorities. Autonomous Corporations and other environmental authorities must submit an annual report to the Ministry of Environment on compliance with the program covered by this law.
PARAGRAFO 2o. The investments made in compliance with the program described, will be incorporated into the management costs of public services of water and sewage and other resource user entities.
. REDUCING LOSSES. Within the Program Efficient and Water Saving Use, the Regulatory Commission of Water and Sanitation Basic set annual targets to reduce losses in each water system. The Regional Autonomous Corporations and other environmental authorities will set the goals of efficient use and saving of water for other users in their area of jurisdiction. The goals will be defined taking into account the water balance of river units and investments needed to achieve them.
PARAGRAFO. The presentation of the program and the realization of the goals for reducing losses are taken into account for the endorsement of the National Planning Department and the Ministry of Finance and Public Credit and other authorized public bodies, in relation to loans and other economic and financial incentives for the implementation of projects and activities that advance user entities of water resources.
The 5th ARTICLE. WATER REUSE MANDATORY. Water used, whether surface source, underground or showers in any activity that generates tributaries liquids must be reused in primary and secondary activities when the technical and economic process so warrant and advise in the socio-economic analysis and standards environmental quality. The Ministry of Environment and the Ministry of Economic Development shall regulate within a maximum period of six (6) months, from the effective date of this law, cases and types of projects that should reuse water.
. CONSUMER meter. All entities that provide water service and irrigation, and other users as determined by the Regional Autonomous Corporation or the competent environmental authority, have a period of one year from the effective date of this law, to carry out a targeted program to install consumption meters to all users, in order to comply with the provisions of Article 43 of Law 99 of 1993 and Article 146 of Law 142 of 1994.
Regulatory Commission Water and environmental authorities may exempt from this obligation to companies whose users on average do not exceed the minimum or basic consumption adopted by them according to their respective legal powers.
PARAGRAFO. Approval and the cost of installation or construction, as the case of the corresponding meters may be financed by the company providing the water service, like maintenance, which will be billed those costs to the user, without prejudice laid down in Article 144 of Law 142 of 1994
Article 7. CONSUMPTION AND MAXIMUM BASIC. It is the duty of the Regulatory Commission for Drinking Water and Sanitation Regional and other environmental authorities Autonomous Corporations, according to their skills, establish baselines based on water use, discourage the maximum consumption of each user and establish procedures , tariffs and measures to take for those consumers exceeding the maximum consumption set.
. TARIFF INCENTIVES. Regulatory Commission for Drinking Water and Sanitation define a rate structure that encourages saving and efficient use of water, and discourages their irrational use. The Superintendent of Public Services, will monitor compliance with the provisions of the Commission.
The Regional Autonomous Corporations and other environmental authorities will define the mechanisms that encourage the efficient use and saving of water and discourage inefficient use.
Article 9. OF NEW PROJECTS. Public entities responsible for licensing or permits to carry out any kind of project that consumes water, they should require to be included in the study of sources of supply, the supply of rainwater and its use is implemented if it is technically and economically feasible.
hydrogeological studies. To define the feasibility of granting concessions groundwater, the Regional Autonomous Corporations and other environmental authorities will carry out hydrogeological studies, and will advance the actions to protect the areas of recharge.
Previous studies will be conducted with technical and scientific support of IDEAM and Ingeominas.
Article 11. Information Update. From the effective date of this law, all users of the water resource will have a term of not more than six months to send the following information:
a) Name of the user entity, geographical location and political where it provides the service;
B) The name, geographical location and type of the source or sources where water capture;
C) The name, geographical location and type of the source or sources of the tributaries recipient;
D) annual average daily flow in liters per second capture source and recipient source of effluents;
E) annual average daily flow captured by the user entity;
F) Number of system users;
G) Flow consumed by system users;
H) Percentage in liters per second of system losses;
I) Quality supplying source water, effluent and receiving source thereof class of treatments required and the system and the frequency of monitoring;
J) Projected annual growth rate of demand of water resources as uses;
K) average daily flow in liters per second, in dry and rainy seasons in supply sources and recipients of effluents;
L) Programs of protection and conservation of water sources;
M) Likely sources of supply and discharge of effluents available for future expansion of demand.
PARAGRAFO 1o. This information will be updated annually by user entities.
PARAGRAFO 2o. The entities rendering of home water service will send the above information to the Ministry of Economic Development in order to maintain updated national health inventory. The entities that manage irrigation projects and other resource users send to the environmental agency that has jurisdiction in the corresponding territory, the information referred to in this article.
All resource user entities sent to the Ministry of Economic Development and regional and other environmental authorities the information above corporations within a maximum period of three (3) months from the effective date of this law. The Ministry of Economic Development and Regional Corporations and other environmental authorities sent to IDEAM this information for incorporation into the Environmental Information System, within no more than one (1) month from the date of receipt.
ARTICLE 12. EDUCATIONAL CAMPAIGNS TO USERS. User entities shall include in their budget the costs of educational campaigns and community awareness for streamlined and efficient use of water resources.
PARAGRAFO. In support of these campaigns and developing of paragraph 32 of article 5. Law 99 of 1993 the Ministry of Environment conclude the necessary agreements with the administering bodies of water resources for effective awareness on the efficient use and saving water.
ARTICLE 13. EDUCATIONAL PROGRAMS
. In accordance with the provisions of paragraph 9o., Of Article 5., Of Law 99 of 1993 the Ministry of Environment together with the Ministry of Education will adopt plans and educational programs and will adapt the curriculum at primary and secondary levels education including issues related to rational and efficient use of water.
Term Notes Legislation Previous
TECHNOLOGY LOW WATER CONSUMPTION. The ministries responsible for the sectors that use water resources shall regulate within a maximum period of six (6) months the installation of equipment, systems and implementos of low consumption of water to be used by users of the resource and the gradual replacement of equipment and implements high consumption.
ARTICLE 16. PROTECTION OF SPECIAL AREAS OF MANAGEMENT. Effective Notes
ARTICLE 17. SANCTIONS. Environmental entities within their respective jurisdiction in exercise of the policivas powers granted by Article 83 of Law 99 of 1993 shall apply the sanctions provided by Article 85 of this Law, the entities responsible for providing water service and wasted water users, managers or directors or legal representatives shall apply disciplinary sanctions established in the Law 200 of 1995 and its implementing regulations. Editor's Notes
ARTICLE 18. EFFECTIVE DATE. This law applies from the date of issue and supersedes all other rules that are contrary.
The Senate President Luis Fernando Londono
The Secretary General of the Senate, PUMAREJO
The President of the honorable Chamber
GIOVANNI LAMBOGLIA MAZZILLI.
The Secretary General of the honorable House of Representatives, DIEGO VIVAS
REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT
published and execute.
Given in Santa Fe de Bogota, DC, on June 6, 1997.
Ernesto Samper Pizano Minister of Economic Development, CABRALES
ORLANDO JOSE MARTINEZ.