Read the untranslated law here: http://www.asambleanacional.gob.ec/es/system/files/ro_ley_organica_de_recursos_hidricos.pdf
THE full considering: That articles 12, 313 and 318 of the Constitution enshrined the principle that water is strategic national heritage, for public use, unattachable, imprescriptible and inalienable domain of the State and a vital element for nature and for the existence of humans, reserving the right to manage the State regulate, control and manage the strategic sectors, in accordance with the principles of environmental sustainability, precaution, prevention and effi ciency;
That, the article 318 of the Constitution prohibits all form of privatization of the water and determines that the management of the water will be exclusively public or community and that the service of sanitation, the supply of water drinking and the irrigation will be rendered only by persons legal State or community; prescribes also, that the State through the authority only of the water, will be responsible for direct of it planning cation and management of them resources water that is go to consumption human and irrigation that ensures the sovereignty food, caudal ecological and activities productive, in this order of priority and that is will require authorization state for the use of the water with fi nes productive from them sectors public private and popular and solidary economy, in accordance with the law;
That, article 314 of the Constitution of the Republic attached to the State responsibility for the provision of public services of drinking water and irrigation for which will have that its rates are fair and will establish its control and regulation. The same rule determines that the State will strengthen the management and operation of Community initiatives around water management and the provision of public services through the incentive of alliances between the public and community for the provision of services;
That article 411 provides that the State shall guarantee the conservation, recovery and integrated management of water resources, watershed users cas and instream associated to the hydrological cycle, and that it will regulate all activities that may affect the quality and quantity of water, and the balance of ecosystems, especially in sources and recharge areas.
The sustainability of ecosystems and consumption huma - will not be priority in the use and management of water;
That the first available transient of the Constitution of the Republic provides that the law governing water resources, uses and use of water, will include the permissions of use and management, current and future, their terms, conditions and mechanisms for review and audit to ensure the formalization and the equitable distribution of this heritage;
That, articles 66 and 276 recognize and guarantee the right to permanent, equitable access and quality to the water, air and soil and to a dignified life ensuring health, food and nutrition, drinking water, housing, sanitation, education, work, employment, rest and leisure, physical culture, dress, social security and other necessary social services to individuals and communities;
4 - Second supplement - registration offi cial No. 305 - Wednesday 6 August of 2014 that article 281 stipulates that food sovereignty is a strategic objective and an obligation of the State to ensure people, communities, peoples and nationalities to achieve the self-sufficiency science of healthy and culturally appropriate on a permanent basis. For this, features that will be responsibility State promote political redistributive that allow the access of the peasantry to the land, to the water and to others resources productive;
That article 282 of the Constitution prohibits the hoarding or privatization of the water and its sources;
That, through Supreme Decree 369 published in the registry offi cial No. 69 on May 30, 1972, was issued law of waters, to which were added to date, eight reforms of lesser importance, through various legal bodies; and, the country since then has substantially increased its population and its growing needs make indispensable the issuance of a new body of legal, organic, fair and up-to-date, that make possible the practice of the human right to water giving answer to fundamental social needs through the realization of the normative principles of the Constitution.
In exercise of the attribution conferred by the Constitution of the Republic and the law organic of the function legislative, issued the following: law organic of resources water, uses and use of the water title I provisions preliminary chapter I of them principles article 1.-nature legal. Water resources are part of the natural heritage of the State and will be within its exclusive competence, which should be concurrently exercised between the Central Government and the autonomous decentralized Governments, in accordance with the law.
Water is a strategic national patrimony of public use, domain inalienable, imprescriptible, unattachable and essential for life, life of nature and fundamental element to ensure food sovereignty.
Article 2-Scope of application. This organic law shall remain in force throughout the national territory, being subject to its standards people, national or foreign that are in it.
Article 3.-Object of the law. The object of this law is to guarantee the human right to water as well as regulate and control authorization, management, preservation, conservation, restoration, water resources, use and management of water, integrated management and recovery in its different phases, shapes and physical States, to fi n ensure sumak kawsay or good living and nature rights established in the Constitution.
Article 4.-principles of the law. This law is based on the following principles: to) these, are the integration of all waters, surface, underground or atmospheric, hydrological cycle with the ecosystems;
(b) water as a natural resource must be preserved and protected through sustainable and sustainable management that ensures their permanence and quality;
(c) the water, as well domain public, is inalienable, imprescriptible and unattachable;
(d) the water is strategic and national heritage at the service of the needs of citizens and essential for food sovereignty; as a result, prohibited any type of private property on the water;
(e) access to water is a human right;
f) the State ensures equitable access to water;
(g) the State guarantees the comprehensive, integrated and participatory management of water; and, h) water management is public or community.
Article 5.-Strategic Sector. Water constitutes national patrimony, strategic sector of decision and exclusive control of the State through the single water authority. Its management will move to the full exercise of rights and the public interest, in view of its decisive infl uence social, community, cultural, political, environmental and economic.
Article 6.-Prohibition of privatization. Are prohibited all forms of privatization of water, by its importance to life, the economy and the environment; Therefore this cannot be subject to any trade agreement with Government, multilateral institution or private company national or foreign.
Its management will be exclusively public or community. Any form of appropriation or individual or collective possession over the water, which is their State will not be recognized.
En_consecuencia, it is forbidden: to) any delegation to private-sector management of water or any of the powers assigned constitutional or legally to the State through the single water authority or to the decentralized autonomous governments;
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 5 b) indirect management, delegation, or outsourcing the provision of public services related to the integral cycle of the water by private initiative;
(c) any trade agreement that imposes an economic regime that is based on the profit for the management of water;
(d) all forms of commodification of environmental services over the water with non-profit purposes;
(e) any form of Convention or agreement of cooperation that include clauses that undermine the conservation, the management sustainable of the water, the biodiversity, the health human, the right human to the water, the sovereignty food, them rights human and of the nature; (and, f) the granting of authorisations perpetual or of time indefi nest for the use or exploitation of the water.
Article 7.-activities in the sector strategic from the water. The provision of the service public of the water is exclusively public or community. (Exceptionally may participate the initiative private and the economy popular and solidarity, in the following cases: to) Declaration of emergency adopted by the authority competent, of conformity with the ordering legal; (or, b) development of threads of the administration of the service public when the authority competent not have them conditions technical or fi nancial to do it. The term maximum will be of ten years, previous audit.
Article 8.-management integrated of the resource water. The unique water authority is responsible for comprehensive and integrated management of water resources with an ecosystem approach and basin or basins scheme cas systems, which will coordinate with the different levels of Government according to their areas of competence.
Basin ca scheme means the territorial unit defined by the dividing line of the waters that drain surface especially towards a common channel, include in this space people, infrastructure, conservation areas, protection and productive areas.
When groundwater limits do not coincide with the watershed surface, this delimitation will include the projection of recharging groundwater flowing into the basin bounded surface cially.
The unique water authority will approve the specific delimitation of basins scheme cas and its possible grouping for purposes of planning and management planning as well as the allocation of groundwater basin that corresponds.
The integrated and comprehensive management of water resources will be transversal axis of the national decentralized system of participatory planning for development.
Article. 9.-guarantee of those rights and political public. The State shall allocate equitably and solidarity the public budget for the implementation of policies and provision of public services in accordance with the law.
Title II resources water chapter I definition, infrastructure and classification of the resource water article 10.-domain water public. The public water domain is composed of the following natural elements: to) rivers, lakes, lagoons, wetlands, mountains, glaciers and falls natives;
(c) the aquifers for the purposes of protection and provision of water resources;
(d) the sources of water, being understood that such the headwaters of rivers and their AFL uent, spring or nascent natural that flows to the surface groundwater or that which is collected in his home of runoff;
(e) the alveos or a continuous or discontinuous current natural runways which are the lands covered by the waters in the ordinary grown maxims;
(f) the beds and Subfloors of the rivers, lakes, ponds and reservoirs surface in natural channels;
(g) the banks that are the strips natural of them runways located above the level of waters low;
(h) the geomorphological conformation scheme cas basins, and their mouths;
(i) coastal marine wetlands and coastal waters; and j) water from the desalination of sea water.
The works or infrastructure hydraulic of ownership public and their zones of protection hydraulic is considered part member of the domain water public.
Article 11.-Hydraulic infrastructure. Are considered works or water infrastructure to the 6 - second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 capture, extraction, storage, regulation, driving, control and use of waters as well as sanitation, purification, treatment and reuse of used water and those that have as object recharge artifi cial of aquifers, the performance on runways , correction of current, avenues protection regimes or increased, such as dams, reservoirs, channels, pipelines, reservoirs supply to populations, sewers, collectors of rainwater and wastewater, facilities sanitation, purification and treatment, monitoring stations, piezometers, networks of quality control as well as all the works and equipment needed for the protection of the public water domain.
Works or water infrastructure may be public, private or community ownership according to who built them and fi nanciado, although its use is in the public interest and are governed by this law.
In the event of a State of emergency or declaration of emergency, which the State requires water to ensure their provision, to the affected population, administration, maintenance, and use of all water infrastructure shall be carried out by the State, regardless of their ownership.
Article 12.-Protection, recovery and conservation of the sources. He State, them systems community, together of water drinking and together of irrigation, them consumers and users, are stewards in the protection, recovery and conservation of them sources of water and of the management of Moors as well as the participation in the use and administration of them sources of waters that is hallen in their lands, without prejudice of them powers General of it authority only of the water in accordance with it planned in the Constitution and in this law.
The sole authority of the water, the decentralized autonomous governments, users, communities, peoples, nationalities and owners of premises where water sources, they are liable for their sustainable and integrated management as well as the protection and conservation of these sources, in accordance with the rules of this law and technical standards issued by the single water authority in coordination with the national environmental authority and ancestral practices.
The State at different levels of Government will allocate the necessary funds and technical assistance to ensure the protection and conservation of water sources and their areas of influence.
If there is no known users of a source, its protection and conservation the single water authority in coordination will assume it with the decentralized autonomous governments in whose jurisdiction they are, whenever it is outside a protected natural area.
The use of the property in which is a source of water is affected in the part that is necessary for the conservation of the same. For those purposes, the single water authority must proceed with the delimitation of water sources and regulations is set the scope and limits of such involvement.
The owners of the premises where the water sources are and water users are obliged to comply with the regulations and technical provisions that establish the single water authority in coordination with the national environmental authority for the conservation and protection of the water source in compliance with the legal and regulatory.
Article 13.-Forms of conservation and protection of water sources. They constitute forms of conservation and protection of water sources: easements for public use, water protection zones and areas of restriction.
The land bordering the public channels are subject in all its longitudinal extension to a zone of easement for public use, which shall be governed in accordance with the regulations and the Act.
For the protection of the water circulating through the channels and associated ecosystems, is established a water protection zone. Any use that is intended to develop a distance from the runway, which is defi nira regulations, shall be subject to authorization by the single water authority, without prejudice to other authorizations that apply.
The same public rights-of-way and water protection zones exist in surface reservoirs.
Areas of restriction that is will determine the activities which can be made to them in the manner and with the effects laid down in the regulations under this law shall be defined in the aquifers.
Article 14.-Land use change. He State will regulate them activities that can affect the quantity and quality of the water, the balance of the ecosystems in them areas of protection water that supply them systems of water for consumption human and irrigation; based on environmental impact studies that will ensure minimal involvement and the restoration of the above-mentioned ecosystems.
Chapter II institutional framework and management of the resources water section first system national strategic and authority only in the water article 15.-national strategic water system. Create the national strategic water system, which is the set of processes, institutions and instruments that allow the interaction of the different actors, social and institutional to organize and coordinate comprehensive and integrated management of water resources.
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 7 strategic national water system will be formed by: 1. the single water authority who heads it;
2. the Intercultural Council and Plurinacional del Agua;
3. the institutions of the Executive function matching competencies linked to the integral management of water resources;
4. the Agency for the regulation and Control of the water, attached to the single water authority;
5. the decentralized autonomous governments; and, 6. Basin councils.
Article 16.-Objectives of the strategic national water system. The objectives of the strategic national water system are: 1. articulate actors that are part of the national strategic water system for comprehensive and integrated management of water resources; and, 2. Generating mechanisms and bodies to coordinate the planning, planning and implementation of public policy of water resources with water-related stakeholders and different levels of Government, to ensure the good live.
Article 17.-The single water authority. It is the entity that directs the strategic national system of water, is a legal person of public law. The holder shall be appointed by the President or the President of the Republic and will have the rank of Minister or Minister of State.
It is responsible for the stewardship, planning and management of water resources planning. His Administration will be decentralized in the territory.
Article 18.-Competencies and attributions of the unique water authority. Competencies are: to) lead the national strategic of the water system;
(b) to exercise the rectory and executing public policies related to the integral and integrated management of water resources; and, to follow up on its implementation;
(c) coordinate with the authority environmental national and the authority health national the formulation of them political on quality of the water and control of the pollution of the waters;
d) develop national water resources Plan and plans of comprehensive and integrated management of water resources by basin users ca; and approve planning water national;
(e) establish and delimit the areas and areas of water protection;
(f) Defi nir administrative delimitation scheme cas units;
(g) grant authorisations for all uses, exploitations of water;
(h) granting authorizations for the change of use or water usage and authorization renewals when necessary;
(i) granting legal status to the administrative water boards and boards of irrigation and drainage;
(j) maintain and update the record public of the water;
(k) declared of interest public the information on the availability of water surface ciales, underground and atmospheric;
(l) establish mechanisms for coordination and complementarity with the decentralized autonomous governments in relation to the provision of public services of irrigation and drainage, drinking water, sewerage, sanitation, sewage and other established law;
(m) to issue technical report of feasibility for the implementation of water, sanitation, irrigation and drainage projects;
(n) meet and resolve appeals and other resources that will stand with respect to the resolutions issued by the Agency for regulation and Control;
(or) ensure the protection, conservation, management integrated and use sustainable of the reserves of water surface ciales and underground;
(p) set general parameters, based on technical and actuarial, studies for the binding of tariffs for the provision of the public service of drinking water and sanitation, irrigation and drainage, and fi x the amount of the rates for the authorisations of use and productive use of water, in cases determined by this law;
q) exercise coercive jurisdiction in all cases within its competence;
(r) to formulate, manage and monitor the annual plan of priorities in hydraulic infrastructure, equipment, drainage and floods; and, managing the hydraulic multipurpose infrastructure;
(s) implementing a registry to identify car and quantify flows and authorisations of use or productive exploitation when it comes to flow flowing by a single channel or irrigation system;
t) educate users and consumers on the responsible use of water for human consumption;
(8-second supplement-registration offi cial No. 305-Wednesday 6 of August of 2014 u) authorise exceptional and accordingly the transfer of water from other demarcations water;
(v) approve the delimitation concrete basins scheme cas and their possible grouping for purposes of planning planning and management as well as the allocation of groundwater basin concerned; and w) to enact the necessary measures for the exercise of its functions and powers.
Article 19. The Intercultural Council and Plurinacional del Agua. It is part of the national strategic water system, instance national sectoral, in the formulation, planning, planning, evaluation, and participatory control of water resources, in accordance with the law.
The Intercultural Council and Plurinacional del Agua will be a President or a President elected from among its members; It will be integrated by elected representatives of the Councils of basin and of the representatives of peoples and indigenous nationalities, Afro-Ecuadorians, montubios; systems community of water drinking and irrigation; organizations of users by economic sector; citizen of consumers of public services organizations; Autonomous decentralized Governments and universities, with gender parity. Each semester, will meet compulsory at least once prior summons of the President or the President pursuant to the regulations under this law.
The election of the members of the Council will be organized by the Council of citizen participation and Social Control. Its formation, structure and performance shall be established in accordance with the law.
Members of the Intercultural Council and Plurinacional del Agua will be elected for a term of two years and shall be eligible for re-election.
Article 20: Responsibilities of the Intercultural Council and Plurinacional del Agua. The functions of the Intercultural Council and Plurinacional del Agua are as follows: 1. social Control on the guarantee and exercise of the human right to water and its equitable distribution;
2. participate in the formulation, evaluation and control of the public policy of water resources;
3 participate in the formulation of the guidelines and follow-up of the national water resources Plan;
4 generate public debates on issues related to the integrated and comprehensive management of water resources;
5 participate in the promotion on the dissemination of the ancestral knowledge of the natural properties of the water;
6. accountability to citizens on its management;
7 contribute and facilitate the resolution of disputes and confl ICTs between water users; and, 8. The others to be determined by the law.
Article 21.-Agency for the regulation and Control of water. The Agency for the regulation and Control of the water (Ark), is a body of public law, of character technical-administrative, attached to the single water authority, with legal personality, administrative autonomy and fi nancial, own patrimony and national jurisdiction.
The Agency for the regulation and Control of water, will exercise the regulation and control of integral and integrated management of water resources, the quantity and quality of water in their sources and areas of recharge, water quality of public services related to the sector and in all uses, exploitations and water destinations.
The management of regulation and control of the Agency will be evaluated periodically by the single water authority.
Article 22.-Integration of the Agency's regulation and Control. The Agency's regulation and Control will have a Board composed in the following manner: 1) the representative of the unique water authority or its delegate, who shall preside it;
(2) the representative of the entity responsible for coordinating strategic sectors; or his delegate; and, 3) the representative of the national entity responsible for planning and development planning or its delegate.
The Board shall appoint a Director or executive director and by resolution establish the administrative structure and fi nancial regulation and Control Agency.
Executive director will give fulfilment to the resolutions of the Board shall exercise legal representation of the Agency and shall have the powers and duties assigned to the governing body.
Article 23.-Powers of the Agency Regula - tion and Control. The Agency's Control and regulation ten - dra the following powers: to) dictate, establish and monitor compliance with industry standards and parameters to regulate the technical level of the management of water, in accordance with national policies;
(b) certified car availability of water at the request of a party on the basis of the recorded information on inventories, water balances, authorizations and permits granted;
(c) collect, process, administer and manage the infor - water information of a technical and administrative nature;
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 9 d) coordinate with the national environmental authority regulation and control the quality and quantity of the water in the public water domain, as well as the conditions of any activity that affects these qualities;
(e) to coordinate with the national environmental authority control actions corresponding to fi n that discharges comply with standards and issued parameters;
(f) regulate the destinations, uses and exploitation of water and monitor their application;
(g) Regular to standardize and optimize systems related to public services related to water;
(h) regulating and controlling the implementation of technical and actuarial criteria for fi tting of the rates for applications and productive use of water by the unique authority of water and for the provision of services related to water;
(i) monitor compliance with the obligations referred to in the authorisations of use and management of water;
j) control and punish non-compliance with the regu - national qualifications in accordance with technical processes designed for this purpose and report to the competent authorities for breach of the rules;
(k) process, investigate and resolve complaints and disputes that may arise between members of the sector and between these and the citizens;
(l) regulate and control technical management of all those essential public services related to water;
(m) impose fines and exercise coercive jurisdiction for their fundraising and other corresponding;
n) dictate the necessary rules for the exercise of its powers; and, n) issuing binding report prior to the granting of authorisations for all uses and exploitation of water, as well as also issue technical standards for the design, construction and management of water infrastructure, and control their fulfillment.
Article 24.-Public register of water. Corresponds to the single water authority the administration of the public register of water, which must register: to) the authorizations for use of water, with an indication of the respective catchment and its location in geographic coordinates and use cas or flat;
(b) authorisations for discharges issued by the national environmental authority;
(c) the plans of integrated management of water resources for watershed users cas;
(d) studies and plans of waterworks for capture and driving for approved use or exploitation;
(e) inventory of infrastructure, quality of water and water balances approved by the single water authority;
(f) the entities providers of services public basic related with the water including the systems community;
(g) the statutes and directives of the community organizations that provide services relating to water;
(h) the policies of organizations, associations and entities related to managing water and provision of related services;
(i) the conventions of mediation and arbitration approved by the authority; mediation agreements and arbitration awards;
(j) the resolutions administrative on the breach-operation of this law; y, k) all others who must register in accordance with this law and its regulations.
The single water authority at the request of the party concerned shall issue the corresponding cation certifi.
Article 25 Basin Council of users ca. It is a collegiate consultative status, led by the single water authority and organ composed of elected representatives of users, with the purpose of participating organizations in the formulation, planning, planning, evaluation, and control of water resources in the respective basin.
Basin councils also involve the authorities of different levels of Government on the issue of responsibility.
The regulation of this law will establish territorial scales that can be organized, their composition and fi nance.
Article 26.-functions of the Board of basin. Watershed Council has the following functions: 1. among its members elect their representatives to the Intercultural Council and water Plurinacional, in accordance with the regulations under this law;
2. participate in the formulation of guidelines and guidance as well as follow-up to the plan of 10 - second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 management by basin users ca, within the framework of the National Plan for water resources;
3. generate proposals of political public sector related to them resources water, that will be presented to the Council Intercultural and plurinational of the water, through their representatives;
4 referred to the single water authority, on all the issues that are of interest or that request;
5 participate in the consultation processes which perform the single water authority and propose priorities for the management of the basin or water units that comprise it;
6 resolve issues that concern you and that could infl uence in the functioning of the Council;
7 monitor the decisions of policies and integrated basin management plans be translated into budget items of the different levels of Government involved in the basin; and, 8. Others established in the regulations under this law.
Article 27.-Users of basin organizations. Organizations of users of basin to different forms of organization adopted by the users of water resources in each watershed are.
Users of a basin will appoint to their represent - teas in the respective basin councils, whereas eco - appllications existing organizations and sectors.
The condition of user of a watershed is proof ca with the authorization of use or productive use of water.
Its structure and operation will be more democratic, participatory, alternation and transparently in accordance with what has the regulations under this law.
Second planning section planning water article 28.-planning planning of water resources. The execution of planning water, on the basis of the national water resources Plan and plans of integrated management of water resources by basin ca scheme corresponds to the single water authority.
The State and the decentralized autonomous governments should be attached to water planning with regard to the exercise of its powers. Also plans of integrated management of water resources by basin, linked to institutions engaged in the provision of water-related community services.
Users must adapt their performance in what relates to the use and protection of water to water planning.
Existing authorisations of use and exploitation of water shall be compatible with the provisions of the plans of integrated management of water resources by basin, otherwise, should be revised in keeping with the National Plan for water resources, in accordance with the provisions in the regulations under this law.
Article 29.-Content of water plans. Water plans shall contain: 1. the National Plan for water resources will contain: a) the water balances at the national level;
(b) hydraulic works that must be built to satisfy the water needs;
(c) the factors of conservation and protection of the water and the ecosystems in which it is located; and, (d) forecast and conditions of realization of transfers of water between different areas of watershed hydrological planning.
2 plans of integrated management of water resources by basin users ca will contain: to) the description of the present and future water uses in its territory;
(b) the description of the water requirements in each basin;
(c) the elements of water preservation for the fulfilment of the objectives of the plan;
(d) the order of priority of the use of water for productive activities, adapted to the needs of the respective basin; (and e) description of the sources of water and areas of water protection in each watershed and means of safeguarding them.
Article 30. Development of water resources plans. The national water resources Plan and integral management for watershed users ca plans will be formulated by the single water authority. The Intercultural Council and Plurinacional del Agua and basin councils will participate in the formulation of its guidelines.
The national water resources Plan, once formulated, will be put to consideration of the Intercultural Council and Plurinacional del Agua. Plans of management for watershed users ca, once formulated, will be subject to knowledge of the respective basin councils, after which shall be approved by the single water authority.
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 11 article 31.-transfers. Transfers between basins scheme cas construction may be carried out whenever it is considered in water planning and failure to follow you to the supply of water for human consumption and irrigation. To authorize transfers, the single water authority will require the technical, economic and environmental modifications of the project proof and shall submit it to the respective evaluation and environmental licensing process and its implementation will be coordinated with the decentralized autonomous governments involved in the transfer area.
Section third management and administration of the resources water article 32.-public or community water management. Water management is exclusively public or community.
Public management of water comprises, in accordance with provisions of this law, the rectory, formulation and implementation of policies, planning, integrated management in basins scheme planning cas, organization and regulation of the institutional regime of water and control, knowledge and sanction of infringements as well as the Administration, operation, construction and maintenance of the water infrastructure by the State.
Communities, communities, peoples, nationalities and boards of organizations of users of the service, joints of drinking water and irrigation boards will conduct community management. Includes, of compliance with this law, the participation in the protection of the water and in the Administration, operation and maintenance of infrastructure of which is benefi hundred them members of a system of water and that not is find low the administration of the State.
Article 33.-scope and modalities of the management of the resources water. Public management of water resources shall include planning planning, formulation of national policies, integrated management in basins cas users, granting, monitoring and control of authorizations of use and authorisations for productive use of water, the definition of the Instream, the preservation and conservation of the sources and areas of water recharge, regulation and technical control of the management , the cooperation with the environmental authorities in the prevention and control of water pollution and waste disposal, the observance of the rights of the users, the Organization, rectory and regulation of the institutional regime of water and control, knowledge and punishment of offences.
Article 34.-Integrated and comprehensive management of water resources. The authority only of the water is responsible of the management integrated e integral of them resources water with an approach ecosystem and by basin or systems of basins scheme cas, the same that is coordinate with them different levels of Government according to their areas of competition.
Basin ca scheme, means the territorial unit defined by the dividing line of the waters that drain surface especially towards a common runway. They include in this space, people, infrastructure, areas of conservation, protection and productive areas.
When groundwater limits do not coincide with the watershed surface, this delimitation will include the projection of recharging groundwater flowing into the basin bounded surface cially.
The unique water authority will approve the delimitation with - Crete of the cas scheme basins and their possible grouping for purposes of planning and management planning as well as the allocation of groundwater basin corresponding.
The management integrated and comprehensive of them resources water will be axis transverse of the system national decentralized of planning cation participatory to the development.
Article 35.-Water resources management principles. The management of water resources in all the national territory will be held in accordance with the following principles: to) basin users ca shall constitute the unit of planning planning and integrated management of water resources;
(b) the planning for the management of water resources should be considered in the land management plans of the covered territories within the basin scheme ca, environmental management and the collective knowledge and ancestral knowledge;
(c) water management and the provision of the public service of sanitation, drinking water, irrigation and drainage are exclusively public or community;
(d) the provision of the services of drinking water, irrigation and drainage should be governed by the principles of compulsory, generality, uniformity, efi science, responsibility, universality, accessibility, consistency, continuity and quality; (and e) social participation be held in spaces established in the present law and other legal bodies issued for this purpose.
Article 36.-State duties in integrated management. He State and its institutions in the field of their competencies are them responsible of the management integrated of them resources water by basin users ca. (As a result are them forced a: to) promote and ensure the right human to the water;
(b) regular applications, the use of water and actions to preserve it in quantity and quality through a sustainable management from technical standards and quality parameters;
12 - Second supplement - registration offi cial No. 305 - Wednesday 6 August of 2014 c) conserve and sustainably manage the ecosiste - more marine coastal Andean and Amazonian, in special Westfall, wetlands and all ecosystems that store water;
(d) promote and strengthen participation in the water management of the organisations of users, consumers of public and community water systems, through the Councils of watershed users ca and the Intercultural Council and Plurinacional del Agua; (and, e) recover and promote the knowledge ancestral, the research and the knowledge scientists co of the cycle hydrological.
Basic public services fourth public article 37.-Services section. For purposes of this law, shall be considered basic public services, those of water-related drinking water and environmental sanitation. The provision of these services presupposes the granting of an authorization of use.
The provision of drinking water involves the processes of capture and treatment of raw water, storage and transportation, driving, drive, distribution, consumption, fundraising costs, operation and maintenance.
The certifi cation of quality of drinking water for human consumption shall be issued by the national health authority.
In relation to water sanitation includes the following activities: 1. sanitary sewer: collection and conduction, treatment and disposal end of arising from the process of purification and wastewater; and, 2. Storm sewer: collection, driving and end of rain water disposal.
Storm sewer and sanitation are independent systems without possible interconnection, the autonomous municipal governments will require the implementation of these systems in the urban infrastructure.
Article 38.-Prohibition of authorisation of the use or exploitation of wastewater. The unique water authority not issue authorisation of use and use of wastewater in cases that clog, limit or affect the implementation of projects of public sanitation or when breach with the parameters in the rules for each application.
Article 39.-Public service of irrigation and drainage. The provisions of this law relating to public services shall apply to irrigation and drainage services, whatever the form under which they are provided.
The irrigation is the responsibility of the producers within their premises, under the principles and objectives this - blecidos by the governing authority of the agricultural sector.
Public service of irrigation and drainage will respond to the national planning which establish the governing authority of the same, and its planning and execution in the territory corresponds to autonomous governments decentralized provincial, in accordance with their respective competencies.
The unique water authority and the national environmental authority in coordination with the governing authority of the national agricultural policy, shall issue rules and regulations to ensure the quality and safety of irrigation water and it will monitor their supply.
Article 40.-Principles and objectives for the management of irrigation and drainage. The irrigation and drainage is a means to promote good living or sumak kawsay. The management of irrigation and drainage shall be governed by the principles of redistribution, participation, equity and solidarity, with environmental responsibility.
The objectives are: to) extend the coverage and improve the effi science of irrigation systems on the basis of the change of the productive matrix;
b) enable the increase of productivity and the diversifi cation productive;
(c) strengthening public and community management of irrigation;
d) promote modernization and tecnifi cation of irrigation;
(e) to promote the management, conservation and recovery of soils;
f) favour the generation of rural employment; and, g) guarantee the quality and quantity of water for irrigation.
Article 41.-Provisions for public irrigation and drainage systems. The public systems of irrigation and drainage infrastructure are part of the public water domain and its property may not be transferred under any circumstances.
The management of them systems public of irrigation and drainage is of stewardship among the Government Central, them Governments autonomous decentralized in the scope of its competencies and them users. Such stewardship involves the participation in the operation and maintenance of these systems and on the management sustainable of them sources and areas of recharge.
In all it others is will be to it provisions in the code organic of organization Territorial, autonomy and decentralization and to the decisions of the Council national of skills.
Second Supplement-registration offi cial No. 305-Wednesday 6 of August of 2014-13 section fifth the water and them Governments autonomous decentralized article 42.-coordination, planning planning and control. Guidelines for the management of the water as the sole authority set to defi ne planning water born - nal, they will be observed in the planning of development at the regional, provincial, district and cantonal level, parish and community and in the formulation of the respective land use plans.
For comprehensive and integrated management of water, the autonomous decentralized Governments, without prejudice to the exclusive competence in the provision of water-related public services, will carry out coordinated activities of collaboration and complementarity between different levels of Government and community systems in accordance with the Constitution and the law.
Section sixth management community of the water article 43.-Defi nition of administrative boards of drinking water. The administrative water boards are community-based organizations, non-profit nonprofi, that have the purpose of providing the public service of drinking water. Its power is based on criteria of efi economic science, sustainability of water resources, the provision of the services quality and equity in the distribution of water.
The requirements and the procedure for the creation of new administrative water boards will develop regulations for the single water authority.
In the canton where municipal decentralized self-government serviced directly or through a public company of drinking water and this cover services which, by law, are, in all their jurisdiction, administrative water and sanitation boards may not act.
The administrative boards of drinking water and sanitation, will form part of the Basin Council through their sectoral representatives, according to the regulations of this law established it.
Article 44.-Duties and powers of the administrative boards of drinking water. Constitute duties and powers of them together administering of water drinking community, the following: 1. establish, raise and manage them rates by it provision of them services, within them criteria General regulated in this law and the regulation issued by the authority only of the water;
2 rehabilitate, operate and maintain the infrastructure for the provision of water services;
3 manage with different levels of Government or direct way, the construction and funding of new infrastructure. For this purpose you need to have with the respective technical viability issued by the single water authority;
4 participating with the unique water authority in the protection of the sources of supply of the drinking water system, avoiding contamination;
5 refer to the single water authority annual information relating to their management as well as all information requested them;
6. the resolution of the confl ICTs that might exist among its members. Where the confl icto not is can resolve internally, the authority only of the water will decide on the same, in the scope of its competencies; and, 7. Participate in the Councils of basin in accordance with this law.
Article 45.-Community provision of water. Is held exclusively through together of water drinking-sanitation and together of irrigation, the same that must sign is in the register public of the water in compliance of it established in this law.
Article 46.-Community water service. An administering water Board may be constituted in the rural town where municipal decentralized self-government do not lend drinking water that by law.
The filing of the application to the single water authority signed by at least 60% of the heads or chiefs of susceptible local family to make use of the community service of drinking water will be required for the formation of a Board. The unique water authority authorized the flow that matches after the respective check, in accordance with the law.
Article 47. Defi nition and attributions of the joints of irrigation. The boards of irrigation are nonprofi non-profit community organizations, which are purpose the provision of the service of irrigation and drainage, under the criteria of efi economic science, the service quality and equity in the distribution of water.
They are powers of the Board of irrigation, in coordination with the autonomous decentralized provincial governments: to) manage the infrastructure of the system, or own Board assigned in use to it by the State, across different levels of Government;
(b) deal with the different levels of Government or in a direct way, the construction of new infrastructure, and can collect to help fi nancial.
14 - Second Supplement - registration offi cial No. 305 - Wednesday August 2014 to 6 effect shall have the respective technical viability issued by the single water authority;
(c) perform the equitable distribution of water which is authorized you among the members of the system according to the regulations issued by the single water authority;
(d) resolve the confl ICTs that might exist among its members. In the event that the confl ICT can not be resolved, they shall have recourse to the single water authority;
(e) establish, raise and manage them rates by the provision of the service starting from the criteria technical regulated by the authority only of the water;
f) imposing sanctions on the users corresponding to administrative offences laid down in their statutes or ordinances under the general regime provided in this law;
(g) deliver to the sole authority of the water, the information that you requested, which is always related to the exercise of its powers;
(h) collaborate with the unique water authority in the protection of the sources of supply of water from the irrigation system avoiding contamination;
(i) participate in basin councils through sectoral representative; and j) all provided for in the regulations under this law.
Article 48. - Recognition of collective and traditional forms of management. Recognize the collective and traditional forms of water management, own districts, communities, peoples and nationalities and their collective rights in the terms provided for in the Constitution and the law will be respected.
Recognizes the autonomy fi nancial, administrative and internal management of the community-based water consumption and irrigation systems.
Article 49.-Sufi science fi nancial and management autonomy. Organizations that form the community water management, drinking water boards and boards of irrigation systems will maintain its administrative autonomy, fi nancial and management to comply with the effective provision of the service and the efi cient development of its functions, in accordance with the law.
For the fulfilment of their fi nes systems Comunità - rivers, water management, will manage the values from rates that raise and others which they are entitled in accordance with the Act and its regulations.
Article 50.-Strengthening and support subsidiarity in the provision of the service. The State, at different levels of Government and in accordance with its powers, strengthen water service providers; whether it is public or community, by means of technical, administrative, environmental, and economic management as well as support for training and qualifi cation permanent managers and users of these systems.
Article 51.-Breach of the technical regulations. Breach of the technical regulations issued by the Agency for the regulation and Control of water for the provision of the service, the administrator Board of drinking water will be notify each so by the deadline the plan of improvement. Municipal decentralized self-government will give technical assistance for the elaboration of such a plan and provide fi nancial support for execution.
The unique water authority approve improvement plan and Consortium completed the periods established in the plan to improve the regulatory agency and Water Control evaluate the service.
In case of non-compliance the Board administering of water drinking will be intervened by the Government autonomous decentralized municipal, or by delegation of this, by the Government parish corresponding, until is meets the plan of improves.
Article 52.-Own or customary law. Customary practices that are in application for access, use and distribution of the water by municipalities, communities, peoples, nationalities and insight-tivos, are mandatory for its members practice.
The unique water authority shall keep a register of customary practices that apply holders community systems of collective rights, for access, use and distribution of water by municipalities, communities, peoples, nationalities.
Bodies and units of the single water authority will note registered customary practices.
Concerned practices related to access, drinking and domestic water use, may not limit the free use of the same established in this law.
Article 53.-Customary practice in relationship and third parties. Before the single water authority, by way of exception, you can invoke a customary practice and apply to third parties who are not part of the commune, community, people or nationality, without prejudice for the single water authority recognize the relevance of their application and the third involved express their consent.
Article 54.-Integrated community management of water supply and irrigation services. Community systems can manage in an integrated way the services of water supply for human consumption and irrigation in the areas in which this form of management is advisable.
Second Supplement - Registration offi cial No. 305 - Wednesday, August 6, 2014 - 15 article 55.-community systems and collective memory. Supply of water for human consumption and irrigation systems built by the organizations that make up the community-based water management systems are part of the heritage community, cultural and ethnographical co of the Ecuador.
Article 56.-Guarantee of rights and public services. In guaranteeing the rights recognized constitutionally, the single water authority and the decentralized autonomous governments, promote and support community initiatives and partnerships between institutions of the community and public sectors for the effi cient delivery of public services.
Title III rights, guarantees and duties chapter I entitled Human water article 57.-Defi nition. The human right to water is the right of all persons to access to clean water, suffi cient, safe, acceptable, accessible and affordable for personal and household use in quantity, quality, continuity and coverage.
Part of this right to access to environmental sanitation that ensures human dignity, health, avoid contamination and ensure the quality of water for human consumption.
The human right to water is a fundamental and indispensable. No person may be deprived and excluded or stripped of that right.
The exercise of the human right to water will be sustainable, so that it can be wielded by future generations. The unique authority of the water defi nira reserves of quality water for human consumption for present and future generations and will be responsible for the implementation of policies related to the realization of the human right to water.
Article 58.-Enforceability of the human right to water. People, communities, peoples, nationalities, collectives and communes may require relevant authorities the compliance and observance of the human right to water, the same who will attend your orders of priority and progressive way. Authorities that fail to meet with the exercise of this right shall be subject to penalty in accordance with the law.
Article 59.-amount life and rate minimum. The unique water authority established in conformity with national and international guidelines and standards vital quantity of water per person, to meet their basic needs and for domestic use, access to which confi gure the essential content of the human right to water.
The vital quantity of raw water intended for processing for human consumption is free in the human right to water. When exceed the quantity minimum vital established, is apply the tariff corresponding.
The vital amount of water processed per person will have a rate that ensures the sustainability of the provision of the service.
Article 60.-Free access and use of water. The human right to water means free access and use of the water surface or groundwater for human consumption, provided that does not deviate from its course or discharges or discharge occurs alteration in their quality or decrease signifi cant in your quantity or affect to rights of third parties and in accordance with the limits and parameters that establish the national environmental authority and the single water authority. The unique water authority will keep a record of the use for human consumption of underground water.
Chapter II right to the equality and not discrimination article 61-right to the equality and non discrimination in the access to the right human to the water. All persons shall exercise the human right to water in conditions of equality.
It prohibits any discrimination on grounds of ethnicity, gender, sex, age, language, religion, political or other opinion, national or social origin, economic position, physical or mental disability, State of health, including catastrophic diseases, sexual orientation, gender identity, marital status or any other condition political, social or otherwise, which intends to or has the effect of nullifying or impairing the equal enjoyment or exercise of the human right to water.
Policies and allocations of water resources and the investments in this sector guide to ensuring water access to all members of the community on equal terms.
The State shall take necessary measures of afi rmativa action in order to promote real equality in the exercise of the human right to water, protect and attend way preferential priority groups.
Article 62.-Woman and human right to water. All water policy must incorporate the gender perspective in such a way that concrete measures be established to meet the specific needs of women in the exercise of the human right to water.
Similarly, measures shall be adopted with the aim of achieving formal equality and material between men and women especially in the activities of community participation on the management of water, obtaining the 16 - second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 in and strengthening women as actors of change.
Article 63.-storage of water rain. Any person can store water rain in wells, cisterns, albarradas or in small reservoirs, for fi nes domestic and of irrigation for sovereignty food, whenever not harm to third and affect to the quantity and quality that circulate by them channels public. The unique water authority will establish the technical parameters to defi ne the volume of water that can be stored without authorization.
Chapter III rights of the nature article 64.-conservation of water. Nature or Pacha Mama is entitled to the conservation of the waters with its properties as essential to all forms of life.
(In the conservation of the water, the nature has right a: to) the protection of their sources, areas of catchment, regulation, recharge, afl oramiento and channels natural of water, in particular, snowy, glaciers, moors, wetlands and mangroves;
(b) the maintenance of the ecological flow as a guarantee of preservation of ecosystems and biodiversity;
(c) the preservation of the natural dynamics of the integral water cycle or hydrologic cycle;
(d) the protection of scheme cas watersheds and ecosystems from contamination; (and e) the restoration and recovery of ecosystems due to imbalances caused by water pollution and soil erosion.
Article. 65. integrated management of the water. Water resources will be managed in an integrated and comprehensive, with ecosystem approach that guarantees biodiversity, sustainability, and its preservation as which establish the regulations under this law.
Article 66.-Restoration and recovery of the water. Restoration of water will be independent of the natural or legal persons and the obligation of the State to compensate individuals and groups affected by the pollution of the waters or altered ecosystems that depend on.
The financial compensation must be invested in the recovery of nature and ecological damage; without prejudice to the sanction and the action of repetition that corresponds.
If the damage is caused by any institution of the State, the compensation will be made in works.
Chapter IV rights of users, consumers and of participation citizen article 67.-right of users and consumers. Users of water are natural, legal, people decentralized autonomous governments, community or public entities that have an authorization for the use and management of water.
Those consumers are people natural, legal, orga-organizations community that claim goods or services related with the water provided by the users.
Users and consumers are entitled to access the distribution and redistribution of water in an equitable manner and to exercise citizenship rights provided by law.
Them rights of them users is will exert without prejudice of the rights of the consumers of services public related with the water.
Them rights of them consumers of services public related with the water is will exert without prejudice of the rights of the users.
Article 68.-consultation and obligations of the users. The authority only of the water, through them tips of basin users ca, consulted of way prior, free, informed, compulsory and in a term reasonable to them organizations of them users, in all them Affairs relevant related with it management integrated of them resources water that them can affect of conformity with this law and its regulation.
Without prejudice to the obligations of the State, water users will contribute economically, in the form provided-together to the amount of water used for preserves it - tion, conservation and sustainable management of water resources in the basin scheme ca and will be part in the ma-nejo thereof. In the case of community users, who are at the same time consumers of water, will contribute econo-thermically or through community work.
Article 69.-Promoting the Organization and capaci-tation. The unique water authority and the decentralized autonomous governments will strengthen the Organization of consumers and users of water, promote its conformation in places where there is no. For this purpose they shall establish policies of information, dissemination, AC-pacitacion, education and social training to users, consumers and the population in general.
Article 70.-Watching public. The city watching - dana as a form of social participation is subject to the organic law of citizen participation and Social Control.
Authorisations of use or exploitation of the water may be citizen oversight.
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 17 Chapter V rights collective of COMMUNES, communities, peoples and nationalities article 71.-collective rights over water. Communities, communities, peoples and indigenous nationalities, Ecuador and montubio afro people from their own world view, enjoy the following collective water rights: to) conserve and protect the water that flows through their lands and territories in which live and develop their collective life;
b) participate in the use, usufruct and community management of water fl ows through their lands and territories and is necessary for the development of its collective life;
(c) to conserve and protect its management practices and water management in direct relation to the right to health and food;
(d) maintain and strengthen your spiritual relationship with water;
(e) safeguard and disseminate their collective knowledge, Sciences, technologies, and ancestral knowledge on water;
(f) be consulted obligatorily prior, free, informed and within the reasonable time, about every policy decision or relevant State authorization that may affect the management of the water that flows through their lands and territories;
(g) participate in the formulation of the environmental impact studies on activities involving applications and ancestral forms of management of the water in their lands and territories;
(h) having access to information water truthful, complete and in a time reasonable; e, i) participation in the social control of any public or private activity that can generate impact or conditions about the uses and ancestral forms of management of the water in their properties and territories.
Communities, communities, peoples and nationalities shall exercise these rights through their representatives on the terms laid down in the Constitution and the law.
Article 72.-participation in the conservation of the water. Communities, communities, peoples and nationalities have the right to State, through its institutions, to articulate policies and programmes for the conservation, protection and preservation of the water that flows through their lands and territories.
The exercise of this right shall not prevail or will mean undermining the powers that corresponds to the State on water.
Article 73.-use, usufruct and management community of the water. Communities, communities, peoples and nationalities have the right to participate in the use, usufruct and community management of water fl ow through their lands and territories as a means to strengthen their identity, culture, traditions and rights, in accordance with the legal system.
For the effect, through representatives of their organizations, and in accordance with this law, will participate in the comprehensive planning and management community water fl ow in their lands and territories as well as also will be part of the organizations that constitute the basins in which their lands and territories are.
Article 74.-Conservation of water management practices. Ensures the implementation of forms traditionally - NAL's management and management of the hydrological cycle, practice - das by municipalities, communities, peoples and indigenous nationalities, Afro-Ecuadorian and montubio and respected their own ways and customs for the internal distribution and distribution of authorized water flows.
Article 75-resolution of differences. The customary orders from municipalities, communities, peoples and nationalities in relation to access, use, usufruct and distribution of the water flowing through their land, are management practices internal to the exercise of the collective rights in relation to the water cycle.
Differences that may arise between municipalities, communities, peoples or nationalities and persons not belonging to those within its territorial scope, regarding the forms of access, use, exploit, distribute, manage or manage the water into a basin and which cannot be resolved by agreement between those involved will be known and resolved to request of a party, by the single water authority.
Chapter VI security preventive flow first section ecological and water protection article 76.-flow Areas ecological. For the purposes of this Act, environmental flow is the quantity of water, expressed in terms of magnitude, duration, time and frequency of the specifi c flow rate and water quality expressed in terms of range, frequency and duration of concentration of parameters that are required to maintain an adequate level of health in the ecosystem.
The unique water authority in coordination with the national environmental authority shall establish by regulation criteria, parameters and methodologies for the determination of the ecological conditions flow and characteristics of bodies of water, which will be considered within the national water planning.
18 - Second Supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 any decision of the single water authority that is granted permission to use or productive use of water must establish and consider the ecological flow that was determined for this purpose, in accordance with the criteria of national water planning.
Article 77.-Limitations and responsibilities. The caudal ecological of those courses permanent of water in all basin users ca is intangible.
Is responsibility of the authority only of the water, of the institutions and of all them people, are users or not of the water, the respect it quantity and quality required that protect the biodiversity aquatic and them ecosystems surrounding.
All productive activities shall respect the ecological flow.
The ecological flow rate defi ned is not susceptible of authorization for use or productive use, with the exception of those applications which do not have as a consequence the involvement in the quality or quantity of the ecological flow.
The administrative authority that is contrary to this provision, shall be liable for environmental damage generated by and for the payment of compensation for damages caused to third parties affected or to the natural heritage of the State; In addition will be sanctioned of conformity with the law, without prejudice of the nullity of the authorization granted.
Only in the case of Declaration of a State of emergency, the use of the ecological flow for human consumption, may be authorized until the emerging action to again secure the supply.
Article 78.-Water protection Areas. Areas protection water to territories where there are sources of water that are declared as public interest for its maintenance are called, conservation and protection, which supply human consumption or ensure food sovereignty, they will form part of the national system of Protected Areas.
Only the water authority, prior technical report issued by the national environmental authority and in coordination with the decentralized autonomous governments in the field of its competences, shall establish and delimit the areas of water protection that may be required for the maintenance and upkeep of the public water domain.
The use of water protection areas will be regulated by the State to ensure its proper management. The regime for protection that is established for areas of water protection, will respect the spiritual uses of peoples and nationalities. The regulation of this law will determine the procedure to establish these areas of water protection, provided that is not of protective wetlands, forests and vegetation.
Where the use of the soil affects the protection and conservation of water resources, the only water authority in coordination with the decentralized autonomous governments and the territorial constituencies, establish and delimit the areas of water protection, with the aim of preventing and controlling the pollution of water in river banks, beds of rivers, lakes, ponds, reservoirs, estuaries and groundwater.
Section second objectives of prevention and Control of the pollution of the water article 79. Objectives of prevention and conservation of the water-the single water authority, the national environmental authority and the decentralized autonomous governments, will work in coordination to meet the following objectives: to) guarantee the human right to water for good living or sumak kawsay, rights to nature and the preservation of all forms of life, in a healthy environment , ecologically balanced and free of pollution;
(b) preserve the quantity of the water and improve its quality;
(c) control and prevent the accumulation in soil and basement of substances toxic, waste, spillage and others elements capable of contaminate them waters surface ciales or underground;
(d) control them activities that can cause the degradation of the water and of the ecosystems aquatic and terrestrial with she related and when are degraded have their restoration;
(e) prohibit, prevent, control and sanction it pollutes-tion of them waters through discharges or deposit of give is-chos solid, liquids and gaseous; composite organi-cos, inorganic or any other toxic substance that alters the quality of the water or affect human health, fauna and fl ora and the balance of life;
f) integral conservation and care of bounded water sources and the balance of the hydrological cycle; and, g) avoid degradation of the ecosystems related to the hydrological cycle.
Article 80.-discharges: prohibitions and control. Is with - sideran as discharges discharges from wastewater which are made directly or indirectly to the public water domain. It is prohibited the direct discharge or in - direct water or waste products, waters served, without treatment and leachate that can pollute the water in the public water domain.
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 19 the national environmental authority shall exercise control of discharges in coordination with the unique water authority and the decentralized autonomous Governments accredited in the system of environmental management.
It is the responsibility of the autonomous governments of provinces - les treatment of sewage and solid waste, to prevent the pollution of waters in accordance with the law.
Article 81.-authorization administrative of spillage. The authorization to download will be included in environmental permits that are issued for the purpose. Parameters of the quality of the water being poured and the procedure for the granting, suspension and review of the authorization, shall be regulated by the accredited, or national environmental authority in coordination with the unique water authority.
The autonomous decentralized Governments in the area of its competence and within its jurisdiction issued administrative authorization of discharge provided for in this law subject to the policies dictated by the national environmental authority.
Article 82.-participation and Oversight Services citizen. People, peoples and nationalities and collective social, may carry out processes of oversight, observatories and other mechanisms of social control over the quality of the water and of plans and programs of prevention and control of pollution, in accordance with the law.
Chapter VII obligations of the State for the right to human water first section of obligations and the escalation article 83.-policies in relation to the water. Is the State obligation to formulate and generate public policies, a: to) strengthen the sustainable management of the water sources and ecosystems related to the water cycle;
b) improve infrastructure, water quality and coverage of water for human consumption and irrigation systems;
(c) establish policies and measures which limit the advance of the agricultural frontier in water protection areas;
d) strengthen the participation of communities, communities, peoples and nationalities around the water management;
(e) adopt and promote measures with regard to adaptation and mitigation to the change climate to protect to the population in risk;
(f) to promote and encourage the use and exploitation effi cient of the water, through the application of appropriate technologies in irrigation systems; and, g) promote publico-comunitarias partnerships for improving the services and optimization of water systems.
Article 84.-obligations of stewardship. The State at different levels of Government is jointly responsible with users, consumers, municipalities, communities, peoples and nationalities of the compliance with the following obligations: to) reduce unsustainable extraction, diversion or damming of flows;
(b) prevent, reduce and reverse the pollution of water;
(c) to monitor and protect declared reserves of water of the highest quality;
d) contribute to the analysis and study of the quality and availability of water;
(e) identify car and promoting technologies to improve the efi science in the use of the water;
f) reduce water wastage during its collection, conduction and distribution;
(g) measures for the restoration of degraded ecosystems;
(h) support the projects of capture, storage, management and rational utilization and effi cient and sustainable water resources; and i) develop and promote training, scientific research and technology in the water field.
Article 85-Escalation and universality. The State and its institutions may not adopt policies or regressive measures that entail a restriction or worsening signifi cant of the forms and conditions of access to water or signifi quen an arbitrary limitation on the exercise of the human right to water.
Because of its universal character, the State will promote joint regional strategies for the conservation of water, within the framework of international conventions of which the State is a party.
Second of the uses of the water article 86.-water section and its priority. In accordance with the constitutional provision, the order of priority between the different destinations or functions of water is: to) human consumption;
20 - Second supplement - registration offi cial No. 305 - Wednesday 6 August 2014 b) irrigation that ensures food sovereignty;
(c) ecological flow; and, (d) productive activities.
Water for irrigation that ensures food sovereignty includes the Waterer for animals, aquaculture and other domestic food farming activities; in accordance with the regulations under this law.
Article 87-Types and deadlines for authorizations. The granting, suspension or cancellation of authorisations is the single water authority. The authorisations according to the nature of its destination is classifi can in: 1. authorizations for use of water. It is the administrative act issued by the single water authority which serves favorably a request submitted by natural or legal persons, for the use of a flow of water intended for human consumption or irrigation to ensure food sovereignty, including also the watering of animals and activities of aquaculture production in the form and conditions laid down in this law.
2. authorizations for the productive use of water. It is the administrative act issued by the sole authority of the water, which serves favorably a request submitted by natural or legal persons for the productive use of a flow of water to any of the economic exploitation in the form and conditions laid down in this law.
Authorizations for its duration is classifi can: to) authorizations for human consumption: the period shall be twenty years renewable for successive periods igua - les. These authorizations may be changed in rela - tion with the cas demographic variations and flow rates;
(b) authorization for irrigation, aquaculture and watering of animals to ensure food sovereignty: these will be granted for one period not exceeding ten years, renewable for equal period;
(c) authorization of term determined for productive activities not considered in sovereignty feeds-ria: these will be awarded for a period of up to ten years, renewable by equal or more periods depending on the time of investment of productive activity, siem - pre stating in the National Development Plan. The single water authority may in accordance with the planned water planning and national interest, modify moti-vadamente the time limits determined in this article; and, (d) occasional permits granted for one period not more than two years non-renewable, on surplus resources or remnants.
The above authorizations is normarán in the regulation to this law.
Article 88-Use. Is understands by use of the water its use in activities basic indispensable for the life, as the consumption human, the irrigation, the aquaculture and the trough of animals for ensure the sovereignty food in them terms established in the law.
Article 89.-authorization of use. He use of the water in accordance with the defi nition of the article earlier will have with the respective authorization granted of conformity with this law, its regulation and the planning cation water.
The authorization for the use of the water for consumption human and irrigation for sovereignty food, trough of animals and aquaculture, confi ere to the user of this, of way exclusive, the capacity for the catchment, treatment, driving and use of the flow to which is refi was the authorization.
Article 90.-conditions for the granting of authorizations for use of the water. Prior to the granting of authorizations for the use of water, the unique water authority check face the fulfillment of the following conditions: to) that is respected the order of priority established in the Constitution and the law;
(b) that certifi cado, the availability of water quality and suffi cient quantity has been. Respect to the single water authority water quality will implement certifi cation processes progressively;
(c) studies and projects of hydraulic infrastructure required for its use have been approved previously by the single water authority;
(d) that the benefi ciary to take responsibility for the prevention and mitigation of environmental damage that causes, and undertakes to contribute to the good management of authorized water; (and e) that the use of the water is immediately or within a fixed period for the destination to which was authorized in accordance with the respective technical report.
Article 91.-Recreational and sports use. Recreational events and aquatic skills involving a non-consumptive use of water will not require the prior authorization of the unique water authority.
Article 92.-Cultural and sacred practices. Autori - dad water only will ensure integrity and permanent-cia of the places in which traditionally the communes, communities, peoples and nationalities practiced rites, values cultural and sacred water.
The unique water authority together with communities, communities, peoples and nationalities second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 - 21 will perform and maintain a participatory and comprehensive national inventory of the ritual and sacred water places duly updated.
Management and conservation of the sacred in relation to water, places will be institutions or organizations of peoples and Nations whose lands or territories are, with the support of programmes and national projects of public bodies and the autonomous decentralized Governments, in accordance with the Constitution and their own rights.
Section third conditions of authorization to use
Article 93.-Defi nition. The productive use of water are activities such as irrigation for popular and solidary economy, agro industry, farming or aquaculture production of export or other productive activities as tourism, hydroelectricity generation, industrial production; mining and minerals nation refi; hydrocarbons, packaging and marketing of water mineral, medicinal, treated, rich or that have processes certifi Cates of purifi cation and quality; and other productive activities involving the use of water.
The productive use of water will require administrative authorization gives the single water authority, upon request in accordance with the planned water cation, the requirements and conditions referred to in this law.
The use of water for production activities - going includes use in activities not conside - inlets on food sovereignty, according to the defi nition of this law, in the case of farming or aquaculture.
In other productive activities that take advantage of the water, the fate of the production to the market internal or external is indifferent.
The authorization for the use of water in productive activities confi ere the holder of this, exclusively, the ability for the captation, treatment, driving and use of flow that will refer the authorization. The holder must be installed in charge the fl ow of water measuring devices in the terms that define the unique authority of the water.
Article 94-An order of priority for productive activities. (Among them activities productive suscepti-bles of use of the water is applied the following order of priority: to) irrigation for production agricultural, aquaculture and agro industry of export;
(b) activities tourist;
(c) generation of hydroelectricity and hydrothermal energy;
(d) projects of strategic and industrial sectors;
(e) balneotherapy, packaging of medicinal mineral waters treated or enriched; (and, f) other activities productive.
The order of priority of the productive activities may be changed by the single water authority, in accordance with the characteristics of the basin, in the framework of the objectives and guidelines of national water planning and the National Development Plan.
Article 95. Conditions of the authorisation of productive use of water. The authorization for the productive use of water shall be subject to compliance with the following conditions: to) respect to the priority of uses and synergetic way-chamientos priority productive water, in conditions determined by this law advertising and competition;
(b) check the existence of certain water quality and suffi cient quantity, on the basis of the certifi cation of availability. Respect to the single water authority water quality will implement certifi cation processes progressively;
(c) studies and projects of infrastructure hydraulic necessary for the use of the water, that are approved previously by the authority only from the water;
(d) that the user responsible for the prevention and mitigation of environmental damage resulting and force to contribute to the good management of authorized water; (and e) that the use of the water is immediately, or within a fixed period for the destination to which it was authorized.
The authority only in the water will develop these conditions-nes in the regulation of this law.
Article 96.-Prohibition of transfer. The authorization for the use and management of water is non-transferable, with the exception of the succession by cause of death provided that the destination for which the authorization was granted.
In the event of transfer of land or change of owner of the production initiative domain, provided that the destination for which was granted the authorization of use of water, the new owner, if applicable, should update authorization meeting the requirements provided for in the regulation. Granted the authorization, will proceed to its registration in the register public of the water.
Article 97-Defi cit water. In the event of a decrease in flows due to temporary or permanent shortage, water will be delivered to users of authorisations 22 - second supplement - registration offi cial No. 305 - Wednesday 6 August 2014 existing, proportionally to the volume available and respecting the order of precedence indicated in this law, by means of the notifi cation of the unique water authority.
Chapter VIII SERVITUDES article 98-types of servitude. In water, there are two types of easements: to) natural-that, without human intervention, make a venue is benefi cie of water that passes through or is on other grounds; and, b) Forzosas-all premises is subject to the easement of aqueduct and its related, such as acquisition, construction of damming, extraction, conduction, drain, drainage, road passage and surveillance, including their respective technical studies, channeling, defend margins and banks in favor of other land that lacks the necessary water, ordered by the respective authorities.
The unique water authority will authorize the occupations of lands for the execution of the works to be refi ere this article as well as modifi cations of any easement pursuant to this law.
In addition, it will authorize the occupations of lands for the execution of the works and shall include the determination of special protection of public or community aqueducts strips to be refi ere this article.
The holder of the easement of aqueduct and its related shall indemnify the owner of the property according to the damage caused by the establishment of serfdom.
The servant property owner does not acquire works carried out within its premises. You can use them only for domestic use and watering of animals provided doesn't destroy them, cause pollution or affect rights of third parties. The breach of this rule will be subject to sanctions regulated by law.
In the case of fractionation of the servant property, easements necessary for the use of water will be maintained.
The servitudes established in favour of the institutions of the State as well as forced, will be preferred.
Article 99.-Right of the servant property owner. The owner of property has the right to the single water authority have the remediation of the fi ltration, spills, or any other damages that imputing to defects in construction, maintenance, operation and preservation.
Article 100.-Prohibited activities. The unique water authority and the autonomous decentralized Governments, within the scope of its competences, shall not authorised agricultural activities or constructions and, in general, works new side spaces of the aqueduct or pipes of drinking water systems.
Is prohibited to them owners of them properties servants feed animals next to the acequia or aqueducts open that pass through their land, pour waste or waters contaminated in them areas of protection water.
Is prohibits activities forest in the area servant or in the areas of protection water, when the aqueducts are ducted or bendings.
Article 101.-use of the waters that run by the farm servant. He holder of the property servant not acquires right or authorization some on them waters that run through the property servant but may use them only for requirement domestic, without divert them, contaminate them or affect to rights of third. The breach of this rule will be sanctioned in accordance with the law.
Article 102.-extinction of the easements. Easements are extinguished in the following cases: a) lack of execution of the works ordered by the competent authority within the time limit;
(b) missing injustifi each for use by more than one year;
(c) compliance of the object for which you authorized the bonded;
(d) different use of the use authorized; (and, and) by fi end time of the period in case of the bonded temporary.
Article 103.-effects of the extinction. Declared extinct it bonded is reversed them goods that were affected by it to the property and use exclusive of the venue servant.
Article 104-compensation. Them compensation by damage and damages derived of the Constitution of a servitude, is processed before the judge of it civil in accordance with the standards established in the law.
It value fi jado as compensation will be delivered to the owner or to the possessor legitimate of the venue for those effects legal relevant.
Title IV exploitation of the water chapter I of the types of use productive section first water packaged article 105.-the use of water to pack it. The packaging of water for human consumption second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 - 23 is a productive use consisting in processing, purification or treatment purifi cation of captured from natural sources surface or underground water, performed by certifi ed technical procedures.
Permission for use of water for packaging, captured directly from the natural source surface or underground, will have a differential rate which shall be determined by the unique water authority, in accordance with the volume of water collected. This authorization granted by the authority only of the water, must be requirement mandatory to perform the activities of packaging, production and marketing of the product.
This use can be made by people natural, legal, public, private, community and mixed, as well as also by the organizations of the economy popular and solidarity, by yes same or in alliance with them Governments autonomous decentralized or them systems community of management of water.
Applications submitting entities community or popular and solidary economy, holders of collective rights for the use of water in their territories or community lands, will have preferential right in the granting of new permits.
The packaging of all types of water coming from public or community systems is prohibited. By exception, can only be performed, prior authorization from the single water authority, the relevant national health authority and the autonomous decentralized Municipal Government, always that to ensure that it has undergone the process of treatment, purifi cation or enrichment according to technical standards. The entity that manages the system of supply, will establish a rate differential according to the volume of water processed.
Second energy use section and Industrial of the water article 106-principles and priorities for the hydroelectric production development. Within the framework of respect for the order of priority that is regulated in this law, the single water authority shall grant authorizations of productive utilization of water for electricity generation, preferred way for projects of national priority contemplated in the master plan of electrifi cation, incorporating the principles of environmental sustainability, precaution, prevention and effi ciency.
Article 107.-Industrial use. For all industrial activity in which water from water sources is used, authorization of productive use to the single water authority will be requested.
Industries that capture water from the supply of drinking water for productive use networks, obtained authorization for the connection that must register with the unique water authority of decentralized self-government.
Persons engaged in the extraction of salt from the sea water for commercial purposes, must obtain the unique authority of the water the respective authorization for productive use of water, and pay the corresponding fee.
Them waters intended for the exploitation industrial, a time used, will be discharged by the user, prior your treatment, meeting with them parameters technical that dictate the authority environmental national.
Section third aquaculture article 108.-use of water in aquaculture. Persons engaged in any activity fish farming or aquaculture, not considered as included in the food sovereignty in the terms regulated in this law, must obtain from the appropriate public authority the necessary permissions for the exercise of its activity, who prior to granting them should require the single water authority reports on the productive use of water , that will cause the payment of the fees established in the present law, when is consumptive.
Article 109-Ban. Authorization - nes of productive use of water in mangla-res will not be awarded. Just may obtaining and renewing such authorization and fi nes of aquaculture activity, those who meet the regularization process established in the rule - mento.
Section fourth water use in mining article 110.-authorization of use. Them activities mining must count with the authorization of use productive of them waters that is used, that will be granted by the authority only of the water, of conformity with them procedures and requirements established in this law and its regulation, for what is will respect strictly the order of priority that sets it Constitution, i.e., consumption human, irrigation that ensure it sovereignty food ecological flow and productive activities. For this purpose, it will coordinate with the national environmental authority.
Any activity that may affect the quality and quantity of water, and the balance of ecosystems, especially in sources and water recharge areas must be set.
The sustainability of ecosystems and human consumption will be priority in the use and management of water.
Also, it must obtain the authorization of use of water for human consumption in camps.
24 - Second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 article 111.-protection of water sources. The Auto - Safety one of the water and the national environmental authority will issue the regulations necessary to ensure the with - conservation and balance of ecosystems, especially sources and water recharge areas.
The national environmental authority will coordinate with the unique water authority, the monitoring of the environmental management system provided for in the respective environmental license, issued by that.
Article 112.-Return of the waters. Water for mining activities, returned the runway original from where was it taken or the runway that is more appropriate, with the obligation of the user to treat it before your discharge and dumping, according to that which establishes the environmental permit and the law, which will guarantee safe conditions that do not affect aquifers of fresh water in the basement sources of water for human consumption, irrigation, or trough.
Section fifth water use in activities hydrocarbon article 113.-authorization. The productive use of water in hydrocarbon in the national territory activities, will require the approval of the single water authority, respecting constitutional priority, in accordance with the provisions of this law and its regulations.
Also, it must obtain the authorization of use of water for human consumption in camps.
Article 114-Release of water. For the disposal of liquid waste by means of injection will be previously with the respective environmental permit, which will guarantee safe conditions that do not affect aquifers of fresh water in the basement, sources of water for human consumption, irrigation or watering hole.
Section sixth use tourist and thermal article 115.-tourist use of the water. The water used in permanent recreational tourism activities, must have the authorization of productive achievement awarded by the single water authority, in accordance with the requirements, conditions and procedures laid down in this law and its regulations. To this effect, the single water authority will coordinate with the national tourism authority.
Article 116-Thermal waters. Hot Springs may be used productively by people natural, legal, public, private, mixed or economy people and solidarity; municipalities, communities, peoples and nationalities.
The requests that submit them entities community or of the economy popular and solidarity, holders of rights collective, for use of the water in their territories or lands community, will have right preferential in the granting of new authorizations.
The authority environmental national shall exercise the control of discharges in coordination with the authority only of the water and them Governments autonomous decentralized accredited in the system only of handling environmental.
Chapter II use and exploitation of the water groundwater and AQUIFERS article 117.-use and exploitation. For the exploration and afl prayer of water underground, is must count with the respective license granted by the authority only of the water. (If you find them, require the authorization for its use or productive use, subject to the following requirements: to) that his delivery does not harm the conditions of the aquifer or the quality of the water or to the area surface within the radius of influence of the well or Gallery; and, b) that does not cause interference with other wells, galleries or sources of water and in general, with other afl pre-existing prayers.
For the effect, the single water authority will require who requests its use or exploitation, the presentation of relevant studies to proof who the fulfillment of specified conditions whose detail and parameter shall be established in the regulations under this law.
Article 118-Stewardship in the conservation of groundwater. Community systems, drinking water boards, together irrigation and water users are jointly responsible with the State in the protection, conservation and management of the groundwater.
Article 119-Licenses of exploration and delivery. Licenses to perform scanning and birth of groundwater may be granted on grounds of third parties provided that the intended use to meet needs for human consumption and irrigation for food sovereignty. The owners will have priority to obtain authorization of use or exploitation of surpluses.
Authorizations for use of groundwater will be awarded afl oradas, depending on the quality of the water from the aquifer and its speed of replacement, in accordance with the provisions of the regulations under this law.
Article 120.-Inspection of holdings. The unique water authority will inspect farms of groundwater to verify compliance with guidelines and conditions laid down in the authorization.
In any time this authority, will have, of offi cio or to request of part, the modifi cations of them second supplement-registration offi cial No. 305-Wednesday 6 of August of 2014-25 methods, systems, facilities of childbirth or use sustainable of water underground that not is complies to them parameters established regulations.
Article 121-Obligation of information. Natural or legal persons who during their productive activities cut through the soil and groundwater, shine will be required to notify car immediately to the sole authority of water and to provide the location, studies and technical data obtained on them and apply the precautionary and preventive measures issued by such authority.
Article 122-Other forms of exploitation. Authorization of productive use for other destinations will be granted by the single water authority, on the basis of technical studies law and other applicable regulations.
Chapter III rules of procedure for use and resolution of water conflicts section first procedure administrative for Regular use or exploitation of the water article 123 determination of jurisdiction. The unique water authority exercises national jurisdiction in the field of water resources and by delegation the administrative authority in the respective jurisdiction.
The unique water authority at decentralized levels shall exercise administrative competence to know, process, and resolve, in the first instance, requests arising for the granting of authorisations of use or exploitation of water as well as to order their registration, mediation and resolution of confl ICTs, without prejudice to collective rights.
Article 124-Rules of procedure administrati-vo. He procedure administrative referred in this chapter, is subject to the rules established in this law and in the Statute of the regime legal administrative of it function Executive.
Article. 125 of the initial request. Applications for authorisations of use or exploitation of the water or the creation of easements, will be carried out before the single water authority, which shall inform the Council of the basin.
The unique water authority qualified face and accept the processing of the request based on the hydric balance of the basin, within the legal terms; issued it respective resolution that grant or deny the authorization requested, the same that will be registered in the record public of the water and posted in the web site offi cial of the authority only of the water. The notifi cations, opposition, test, survey, technical report required shall be regulated in the regulations under this law.
The unique water authority will issue his statement properly motivated, within a maximum period of three months from the date of receipt of the request for use and three additional months if any objections or opposition and three months from the delivery of the projects. In case of use claims, breach shall be punished in accordance with the law.
Article 126.-of the principles of advertising and competition. For the procedure of granting of authorizations to use and productive use of water, apply the principles of advertising and competition in accordance with the following actions: to) when requesting authorization of water, this must be made public and spreading to users and stakeholders in the use of the waters that will refi ere the request they can submit their opposition, Petitions, accessions or alternative projects;
(b) when in the term granted is have presented several requests, the authority only of the water, will decide between them applying the order of priority established in this law and taking in has as point prior, the absence of defi cit water. When requests are refi were at the same level in the order of priority, it will be decided according to the best social, economic or environmental utility of each application, and must expressly encourage the decision;
(c) when only submitted an application, will it be decided depending on the existence, or not, defi cit water, in the place where the catchment and harvesting; should take place (and, d) when exist defi cit water is may cancel or modifi car it authorization in favor of an applicant of a use that is lower in the order of priority established if this so it requests and the authority only of the water it considers as with this law, its regulation and the planning cation water. Costs of compensation who cancels or modifi ca authorization shall be borne by the benefi ciary of the administrative act.
Regulated in this article will be developed in the regulations under this law.
Article 127-Renewal and modifi cation. Renewal and modifi cation of authorizations for productive use of water will be carried out in the following terms: authorisations for productive use of water may renew expired, provided that the requirements laid down in the regulation, the obligations established by this law and the conditions laid down in the respective authorisation have been met.
When a user requires increase or decrease the flow authorized for the same use and use, comes 26-second supplement-record offi cial No. 305-Wednesday 6 of August of 2014 it modifi cation of the authorization, provided has the availability of the water and not is alter the priority established in the Constitution.
Article 128-Grounds for reversal, suspension or modifi cation offi cio of an authorization. The single water authority, will reverse, suspended or changed face of offi cio authorization for the use and management of water, where it finds that the owner has engaged in one of the following grounds: to) Suspension of authorization: 1. breach of the period provided for in the Act or in the technical study and approved project, for the start of the use or exploitation of the water or the construction of hydraulic infrastructure; and, 2.-suspension of the environmental license. The suspension will remain during the term locks the authority to remedy the breach.
(b) reversal of authorization: 1. for breach of the conditions laid down in the authorisation;
2. for lack of use, total or partial flow rates given in the authorisation; and, 3.-by revocation of the environmental license.
In cases in which this utopian and permanent the proven reduction of flows, the single water authority shall, if applicable, to modify the authorization.
The administrative procedure establishes the call for a preliminary hearing of the holder of the authorization, in accordance with the provisions of the regulations under this law.
Article 129-Hoarding of water. It is the disposition or retention, by whatever means, of a stream or flow of water to use and productive use in much larger quantities than necessary, that harm to third parties.
The unique water authority, based on a technical study that guarantees effi science in the use and handling, shall determine in each case the existence or not of land grabbing.
In case of hoarding of water use and management, the single water authority, offi cio or request of a party, will solve the cancellation of authorisations in a particular jurisdiction. Act followed, shall reassign the water previously authorized, in accordance with the provisions of this law.
Article 130-Redistribution and reallocation of water. The authority shall proceed to the reallocation of the flows reversed, in attention to guarantee the human right to water, the irrigation to food sovereignty and to make socially equitable access to the use and to the productive use of water. The reallocation will dictate through administrative action, on the basis of technical, effi ciency, social, economic, environmental criteria and the respective Watershed Council.
The single water authority, offi cio or request of a party, will also proceed to the reallocation of water obtained without authorization or in the event of a breach of the conditions of the authorization.
Authorisations for irrigation water, to ensure food sovereignty, granted to holders, community systems of collective rights, that only may be suspended temporarily, until they remedy the cause that resulted in the suspension.
The unique water authority will proceed to the reallocation of water with application of the principles of competition and advertising, on the basis of the order of priority and actions afi rmativas of collective rights their owners in accordance with the Constitution and the law.
Article 131-Control of authorizations. Use and management of water, authorisations granted by the unique authority of the water will be controlled by the Agency for regulation and Control.
Article 132-Construction of infrastructure for the productive use of water. The holder of an authorization of use and exploitation of water for productive activities, shall be required to construct the works of catchment, driving, achievement, measurement and control for fl ow only water flow rate authorized, unless they can be modifi Ed, or destroyed when completion of the term of the authorization. Hydraulic works that meet the specifi c technical specifications and designs will be adopted by the single water authority within a period of sixty days.
The holder of an authorization of use and exploitation of the water that does not use the authorized flow rate, must notify car to the single water authority so that we proceed with the cancellation thereof; otherwise, it shall be punished in accordance with the provisions of this law.
Section second resolution of Confl ICTs article 133.-resolution of conflicts. The conflicts and disputes between holders of them authorizations may process is and resolve is in a dependency administrative specialized in resolution alternative of conflicts.
Article 134-Mediation and arbitration. The holders of authorisations of use or use of water, in accordance with the law regulating the system of arbitration and mediation, without prejudice to opt for the procedure at the administrative, may submit their disputes second supplement - registration offi cial No. 305 - Wednesday 6 August 2014 - 27-processes of mediation or arbitration centres legally established in the jurisdiction in which the water is the subject of confl ICT.
Direct agreements and arbitral awards which resolve disputes must be notifi ed by the courts relating to the single water authority for the registration in the public registry of the water.
In case of survive the divergences after have exhausted them procedures administrative and mechanisms alternative of solution of confl ICTs, them parties in confl icto is subject to it via jurisdictional.
Chapter IV regime economic section first rates article 135.-criteria General of water rates. Rate means the remuneration that a user must pay for the provision of services and authorization for uses and water use.
For the purposes of protection, conservation of watersheds and funding of the costs of related services, the corresponding rates, according to the principles of this law, criteria and technical parameters specified in the regulation will be established.
Authorization of use and water use fees will be regulated and fi xed by the single water authority.
The fees for provision of drinking water, sanitation, irrigation and drainage will be fi xed by both public and community providers respectively, on the basis of regulations issued by the unique authority of the water through the Agency for regulation and Control.
Article 136.-General principles for the binding of water tariffs. In the establishment of rates by au-monitoring of use and exploitation of the water as well as of the services of water drinking, sanitation and of them servi-cios of irrigation and drainage, is should consider them principles of solidarity, equity, sustainability and periodicity.
Article 137. Tariff component for water conservation. The unique water authority, as part of the authorization of use and exploitation and water service rates will include a component for conservation of the public water domain priority sources and water recharge areas.
The decentralized autonomous governments in the field of its competences, shall establish components in the rates the utilities associated with water to fi nance the conservation of public water sources and water recharge areas priority.
Article 138-Fee authorization for use and exploitation of raw water. Authorization of use and raw water use fees will be based on the following criteria: to) apply to all uses and exploitations of water;
(b) differentiation according to the volume and type of use or water, considering the criteria that for them will be established in the regulation;
(c) review periodically; and, (d) contribution to the operation and maintenance of multipurpose works.
The rates will be approved by the single water authority based on technical studies determined the effect, in application of the provisions in this Act and the regulations.
Article 139.-Rates for basic public services. Of supply of drinking water, sanitation, irrigation and drainage shall be by public utilities.
It is the competition for fi jar rates to public providers of such services or community organizations that provide them legitimately on the basis of the regulations of the single water authority.
The establishment of the rates will serve the following criteria: to) Inclusion in proportion what the holder of the service must pay to the single water authority for the raw water supply; and, b) Inclusion in the proportion of the cost of acquisition, management, drive, driving, operation, treatment, administration, depreciation of assets, amortization, distribution, sanitation and new investments to the water supply.
In any case, the fees for services will be difference - das, and consider the socio-economic situation of the per - people with lower incomes and consumer disability status.
Section second rates by using Article 140.-fee for raw water for human consumption and domestic supply. The delivery of the vital minimum quantity of raw water established by the single water authority for the provision of water services is not subject to any fee.
When the volume is delivered to the service providers exceed certain vital minimum amount, shall apply the rate which corresponds, in accordance with the provisions in this law and its regulations.
28 - Second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 article 141.-fee for authorization of use of water for irrigation that ensures food sovereignty. Criteria for fi XING the volumetric water rate of irrigation water that ensures food sovereignty, are the following: to) volume used;
(b) amount of land under cultivation and soil type; and, c) contribution to the conservation of water resources.
Payment of this fee except community systems carriers of collective rights and community service providers that receive less than five litres flow per second and linked to production for food sovereignty.
Section third rates per article 142-rates productive use for productive use of water. Productive utilization rates considered the following criteria: a) volume used;
(b) effi ciency of use;
(c) contribution to the conservation of water resources; and, (d) employment generation.
Article 143-Tariff for use of water in electricity generation. Productive for the generation of electricity use and the use of hydrothermal energy will have a fee to be established by the single water authority, on the basis of regulations issued by the Agency for the regulation and Control of water.
Article 144-Rate for productive use for popular and solidary economy. The single water authority, on the basis of regulations issued by the Agency of regulation and Control, fi sets the rate for the popular and solidary economy in view of the capacity and productivity of those authorized.
Article 145-Fee authorization of discharges. The authorization of discharges will generate the annual payment of a fee, which will be fi xed on the basis of technical criteria established by the national environmental authority, which will be responsible for the control and its collection.
Article 146.-Hydraulic infrastructure for water use. The investments required for the construction of hydraulic or civil infrastructure for a particular productive use of water, will be interested in a direct way.
In view of the national interest, the State can attend also as an investor, in accordance with the priorities established in the National Development Plan.
Article 147-Coercive jurisdiction. The unique water authority, the national environmental authority and public health providers of services will exert coercive jurisdiction for the collection of rates and other concepts and outstanding obligations, laid down in this law and its regulations.
Title V infringement, penalties and responsibilities chapter I offenses article. 148 procedure. The process of the administrative process for the knowledge and sanction of administrative offences laid down in this law, is governed by the rules of this chapter.
Article. 149. punitive competence. The knowledge and sanction of infringements of the provisions of this Act or its regulations, provided that the Act does not constitute a crime or contravention, are dealt with the single water authority and the Agency for regulation and Control, as provided in this law and its regulation. In those infringements that of conformity with this law must be certain by the authority environmental national or by it authority national of health, is will require its resolution in fi rme, in the procedure administrative common, before dictate it sanction from it authority only of the water or the Agency of regulation and Control, according to corresponds.
Article 150-Classifi cation of infringements. Administrative offences referred to in this law is classifi can in minor, serious and very serious.
Article 151-Administrative infringements in the field of water resources. Administrative offences in the field of water resources are the following: to) minor offences: 1. cause waterlogging of land of third parties and public roads, when the responsibility of the user; and, 2. Putting obstacles on the bottom of the channels or other artificial cios to raise the water level.
(b) serious offences: 1. modify car without permission, the environment of water sources which supplied human consumption or irrigation;
2. when people who do not belong to the community prevent the application of law second supplement - registration offi cial No. 305 - Wednesday 6 August 2014 - own 29 in terms of access and distribution of water for human consumption or irrigation in the territories of communities, peoples and nationalities; and, 3. Not pay annually rate volumetric to establish the authority for the use and exploitation of water.
(c) very serious infringements: 1. perform works by capturing, driving, distribution-tion, without the respective authorization;
2 alter or change car the public water domain, without the corresponding authorization;
3 Modifi car soil and soil conditions in the areas and water, without the corresponding authorization; protected areas
4. access and recruit individually or collectively, without legal authorization, water for any use or exploitation;
5 breach technical regulations that contravene the use and exploitation authorized water resources;
6. Modifi car the banks and beds of them courses and bodies of water, without counting with the authorization of the authority competent;
7 obstruct the natural flux of waters or modify its course, without authorization of single water authority;
8 breach technical standards adopted the single water authority to ensure water security;
9 pour water polluted without treatment or polluting substances in the public water domain;
10 collect solid waste and debris, heavy metals or substances that can contaminate the public water domain, soil or environment, without observing technical requirements;
11 obstruct lines of water supply for irrigation and flood control; break, alter or destroy aqueducts and sewerage;
12 sell or transfer the ownership of the authorizations for the use and management of water; and, 13. Use fraudulently them forms organizational own of those systems community of management of the water to conceal its privatization.
Article 152-Recidivism and aggravating circumstances. Recidivism is the reiteration in the Commission of an offence of the same kind, by the same person over a period of one year from the Commission of the first. Recidivism shall be deemed aggravated by the single water authority at the time of the imposition of the sanction.
Article 153-Administrative penalties procedure. The commencement of the sanctioning procedure to administrative offences which are referred to in this title, proceeds by complaint of any person in the exercise of their rights or offi cio by decision of the single water authority.
Article 154-due process. In all cases, will comply with due process, so as to ensure the exercise of self-defence through the implementation of administrative acts that ensure citation and knowledge of the complaint; contribution of evidence, research, expert, legal, technical, valuation and reasoned ruling, inter alia, in accordance with the Act and the regulations.
Article 155-Preventive measures. The unique water authority may take preventive measures in relation to the fact that gave rise to the administrative penalties procedure, which shall be determined in the regulations under this law.
Article. 156 complaints not attended. In case of allegations of violations of this law which are not met by the single water authority in the term provided for in the regulations, the officer shall be punished in accordance with the law.
Article 157-Resolution. The resolution of the administrative proceedings will be issued by the authority in charge of the same and shall be duly motivated.
This resolution may bring in the administrative field, before the single water authority, the resources laid down in the Statute of the regime legal administrative and the function Executive.
The unique water authority will have punitive resolution inscription in the public registry of the water and its compliance will be mandatory.
Article 158.-termination of the procedure. They will be fi n resolution sanctioning administrative procedure, the withdrawal, the Declaration of abandonment.
Article-159. Legal responsibility. More than the administrative penalty, the only water authority is obliged to present the corresponding civil action to obtain payment for damages on the part of the person in charge; also be place, will present the complaint to the public prosecutor, in order to start the action that is the case.
30 - Second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 chapter II sanctions article. 160. sanctions. The offences specified in this law will be sanctioned with: a) fine;
(b) suspension of the authorization of use and aprovechamien-productive to of water; and, c) cancellation of the authorization of use and productive use of water.
In case of concurrence of offences, the penalty for the most serious of those committed shall apply.
In the event of infringements whose knowledge corresponds also to the national environmental authority, will coordinate the procedure of sanction.
The authority may impose as precautionary, the suspension of the authorization of use or productive use of water, during the administrative process.
Article 161-Remediation. The resolution sanctions - toria will be available also the remediation which has place; in the event of non-compliance, the single water authority will assume the remediation and will proceed to repeat in con - tra of the offender, the total value assumed with a surcharge of up to 20% without prejudice to actions that damages has place.
Article 162-Fines. In the corresponding punitive resolution, the single water authority applied a fine in accordance with the following scale: a) in the case of minor offences will apply a fine of one to ten basic salaries unifi Cates of the worker in general;
(b) in the case of serious offences will apply a fine of 11 to 50 basic salaries unifi Cates of the worker in general; and, c) in the case of very serious offences will apply a fine of between fifty and one-hundred fifty basic salaries unifi Cates of the worker in general.
Article 163-Liability in case of inactivity or expiration. Inactivity or revocation of an authorization of use and productive use of water, does not exempt the holder of the responsibilities arising from the involvement of the public water domain.
PROVISIONS first General-corresponds to the autonomous provincial governments planning car, build, operate and maintain systems of irrigation and drainage in implementation of national policies and planning guidelines cation, and technical parameters defi nests by the single water authority.
Irrigation public service also includes the activity - des agricultural drainage.
SECOND.-the single water authority shall issue regulations that set the technical parameters for the assessment and definition of offences, sanctions and penalties prescribed in this law.
THIRD.-the State, at all levels of Government, assigned in its annual budget resources fi nancial measures needed for the recovery and restoration of watersheds scheme cas and infrastructure that will ensure the preservation and conservation of the quality and water supply, especially for irrigation boards, and community systems within the publico-comunitaria Alliance established in the Constitution.
FIRST.-for compliance with the requirements of the seventh twenty transitional provision of the Constitution and subject in the provisions of this law, the single water authority, within the period of up to three hundred sixty days from the enactment of this Act in the registry offi cial, will proceed to review the concessions of rights of use and exploitation of water in the basins granted under the previous Act, with the aim of identify cases of land grabbing, concentration or accumulation of concessions of water for irrigation and dictate the resolution of affectation of the above concessions and have their marginalization in the corresponding registration in the public registry of the water.
The unique water authority in the period of up to one hundred and eighty days from the fi end time of the period provided for in the preceding paragraph, shall initiate and solve the respective files customized for the cancellation, modifi cation or expiry of authorisations or concessions previously declared affected by the review, according to the procedure and the time limits established in this law and its regulation.
SECOND.-them concessions and authorizations of the right of use and use of the water, granted before the validity of this law e registered in the record public of the water, is replaced of conformity with it willing in it present available by authorizations of use and use of the water, within a year renewable by a year more starting from the publication of this law in the registration offi cial.
Substitution requires the cancellation of arrears rates. To this effect the single water authority shall issue the certifi cation of the debt to be settled.
Complete the indicated term, granting of water rights will expire.
Second Supplement - Registration offi cial No. 305 - Wednesday 6 August 2014 - 31 replacement of concessions by authorization of use and management of water, does not exclude nor limits the power of the single water authority for review.
THIRD.-it may regulate exceptionally, within a maximum period of one year renewable for one more year, from the promulgation of this law in the official record cial, applications or informal uses of water that occurred before the entry into force of this law, in accordance with the regulation which issued the single water authority to this effect.
This informal user presents his application for regularization within a period of ninety days from the enactment of this Act in the registry offi cial.
To the application must incorporate is the certifi cation that accredits it cancellation of them values fi xed by the authority only of the water, corresponding to such uses and exploitations informal of the water.
Regularization will be obtained by a reasoned ruling by the single water authority that will feature the preliminary report that will ensure that such authorization of use or exploitation does not affect other water uses which are legally higher priority or generated by its relationship with other authorizations requested or granted, a hoarding situation.
In case of rejection of the request for regularization, the single water authority shall initiate the corresponding administrative sanctioning proceedings.
Fourth.-in the term of until two years starting from the vi-emergency of this law, the authority only of the water, in coor-coordination with them Governments autonomous decentralized, users and organizations of users held the invents-river national, of waters surface ciales and in a term of until five years them waters underground by basins scheme-cas, with reports of advance of the 20% annual which will include the status of the sources and the cadastre of users.
Fifth.-the autonomous decentralized Governments competent, in the field of provision of water and sanitation, to implement appropriate systems for the supply of drinking water, so that, within the period laid down in the National Plan of development of good living and the strategy for the eradication of poverty and inequality, is fully guaranteed full access of the population to potable water. In the same way, proceed according to the goals, objectives and deadlines in the national development plan and the national plan of water resources to the planning planning, implementation and construction of the systems of sewage and infrastructure for treatment of wastewater and waste, so that the needs of sanitation of the population are covered and sewage all concerned.
The decentralized autonomous governments will establish coordination with the unique authority of the water the respective funding and programming of works.
SIXTH.-them requests in course for the granting of authorizations of use or use of the water, will continue to processed is in accordance with the standards of procedure current to the time of the income of the request. In everything else, i.e., with respect to the required information, conditions and obligations which must take on holders of an authorisation, it will be as provided in this law.
Within the period of one hundred and eighty days from the date of entry into force of this law, the single water authority, shall decide on the administrative processes which correspond to its jurisdiction and which have not been driven for more than 18 months, to be counted from the last diligence that has practiced or since the last request made by any of the parties.
The unique water authority shall declare the abandonment of administrative processes that exceed that period and will solve your file.
SEVENTH.-all of the right of use of water concessions, intended for use and management of water, granted time indefi nest or for the period of useful life of the company, will be cancelled by the single water authority. Without prejudice to the submission of a new request for authorization subject to the requirements established in this law, which will be presented in one period not greater than thirty days, to be counted from the date of cancellation.
During the term of the new request processing, authorized users may continue making use of the authorized flow rate, temporarily, until the single water authority resolved within one period not exceeding one hundred and eighty days.
EIGHTH.-within the period of 180 days from the entry into force of this law, the single water authority, in the absence of legal land title or absence of an agreement with the owners of a concession of use of hot springs in community lands by users, will proceed offi cio or at the request of part , to cancel the concession.
NINTH.-guarantee of the order of precedence laid down in the Constitution, the single water authority within a period of two years from the entry into force of the law and without prejudice to its subsequent expansion or modifi cation, in coordination with the national environmental authority,-dera to delimit the areas and areas of water protection and restriction zones which supply public or community water systems for drinking or irrigation, which ensure food sovereignty.
In this delimitation is attend the criteria set out in the law and their respective regulations.
DÉCIMA-within a period of two years from the entry into force of this law, the only water authority should identify and delimit by a motivated decision, 32 - second supplement - registration offi cial No. 305 - Wednesday, August 6, 2014 the lands where they are natural sources of recharge, water protection areas to the use or exploitation in terms of this Act to ensure the integrity of the public water domain, the human right to water and food sovereignty.
Tenth first.-the single water authority, within a period of up to two years from the publication of this law, will carry out an inventory of the administering of water supply and sewerage boards and boards of irrigation to assess its technical performance and fi nancial and compliance services to its members. This information will serve to strengthen the joints of drinking water and irrigation and the services provided through publico-comunitarias partnerships.
PROVISIONS REPEALING are expressly repealed the following provisions: first-the Legislative Decree of creation of the center of economic counterclaim of Azuay, Cañar and Morona Santiago, published at the registry offi cial No. 698 of 23 December 1958;
SECOND.-the law of creation of the Institute Ecuadorian of works sanitary (IEOS), posted in the registration offi cial No. 430 of 04 of February of 1965;
THIRD.-the law of creation of the Commission studies for the development of the basin of the Guayas River (CEDEGE), posted in the registry offi cial No. 645 of 13 December 1965;
Fourth: the law of creation of the Ecuadorian Institute of water resources (INERHI), posted in the registry offi cial No. 158 of November 11, 1966;
Fifth.-the act together Administradoras de Agua Potable y Alcantarillado, posted in the registry offi cial No. 802 of March 29, 1979;
SIXTH.-the law of creation of the Development Commission for Chone, Flavio Alfaro, El Carmen, Pedernales and Sucre (CEDEM), posted in the registry offi cial No. 553 of April 11, 2002;
SEVENTH.-law of water development of Manabí, posted in the registry offi cial No. 728 of 19 December 2002;
EIGHTH.-text Unifi ed of the secondary legislation of the Commission of studies for the development of the basin of the river Guayas (CEDEGE) R.O. No. 10 of 29 January 2003;
NINTH.-the coding cation of the law of waters, posted in the registration offi cial not. 339 of 20 of mayo of the 2004 and its regulation General of application;
TENTH.-the law of creation of the Council of management of waters of the basin the Paute, posted in the registry offi cial No. 141 of 9 November 2005;
Tenth first.-reform law Law No. 075 of creation of the company of water supply and sewerage of blanket, posted in the registry offi cial No. 594 of 21 December 1994;
TENTH second.-the creation of business Act of drinking water and sewage public "Regional la Estancilla", law No. 2000-27, published in the supplement of the registry offi cial No. 190 of 24 October 2000;
DÉCIMA third.-the title XIII of the second book of the text Unifi ed of secondary legislation of the Ministry of agriculture, livestock, aquaculture and fisheries promulgated by Decree Executive 3609 and published in the supplement 01 of the registry offi cial on March 20, 2003; including his last modifi cation of 24 August of 2010; and other rules of equal or lesser hierarchy who oppose this law.
DISPOSAL this law shall become effective from the date of its promulgation in the registry offi cial.
Given and signed, at the headquarters of the National Assembly located in the Metropolitan District of Quito, Pichincha province, the thirty-one days of the month of July of two thousand fourteen.
f.) GABRIELA RIVADENEIRA BURBANO, President.
f.) Dr. Libya RIVAS ORDOÑEZ, Secretary General.
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