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Organic Law On Water Resources, Uses And Water Use

Original Language Title: Ley Orgánica de Recursos Hídricos, Usos y Aprovechamiento del Agua

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Year II-Nº 305

Quito, Wednesday August 6, 2014

Value: US$ 1.25 + VAT

ING. HUGO DEL POZO BARREZUETA DIRECTOR

Quito: Avenida 12 de Octubre N23-99 y Wilson

Edifi cio 12 de Octubre Segundo Piso

Dirección: Telf. 2901-629 Ofi cinas centrales y ventas:

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Annual subscription: US$ 400 + VAT for the city of Quito

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32 pages

www.registrofi cial.gob.ec

At the service of the country from the 1st of July 1895

SECOND SUPPLEMENT

RESOURCES

RESOURCES

WATER,

USES AND

UTILIZATION

OF WATER

2 -- Second Supplement -- Ofi cial Registration No. 305 -- Wednesday, August 6, 2014

Second Supplement -- Ofi cial Registration No. 305 -- Wednesday, August 6, 2014 -- 3

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

Of. No. SAN-2014-1178

Quito, 05 AGO. 2014

Engineer Hugo Del Pozo Barrezueta Director of the Ofi cial Register

In his office

Of my considerations:

The National Assembly, in accordance with the powers of the that I confi ere the Constitution of the Republic of Ecuador and the Organic Law of the Legislative Function, discussed and approved the Project of ORGANIC LAW OF WATER RESOURCES, USES AND USE OF WATER.

In session of July 31, 2014, the National Assembly plenary met and gave a statement on the partial objection presented by the Constitutional President of the Republic.

Article 138 of the Constitution of the Republic of Ecuador and Article 64 of the Organic Law of the Legislative Function, accompanied the text of the ORGANIC LAW OF WATER RESOURCES, USES AND USE OF WATER, so that it can be published in the Cial Log.

Atently,

f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

CERTIFICATION

I allow myself CERTIFY that the National Assembly discussed and approved the DRAFT ORGANIC RESOURCE LAW WATER, USES AND USE OF WATER, in the first debate on 10 November 2009; in the second debate on 4, 6 and 13 May 2010, on 5 and 24 June 2014; and, its partial objection on 31 July 2014.

Quito,

f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.

REPUBLIC OF ECUADOR NATIONAL ASSEMBLY

THE PLENO

CONSIDERING:

That, Articles 12, 313 and 318 of the Constitution of the Republic consent to the the principle that water is

a national strategic patrimony, of public use, an inalienable domain, imprescriptible and inembargable of the State and constitutes a vital element for nature and for the existence of human beings, reserving for the State the right to administer, regulate, control and manage the strategic sectors, in accordance with the principles of environmental sustainability, precaution, prevention and science;

What, article 318 of the Constitution prohibits all forms of water privatization and determines that water management will be exclusively public or community and that the sanitation service, the drinking water supply and the irrigation will be provided only by state or community legal persons; it also prescribes that the State through the Single Water Authority, will be direct responsibility for the planning and management of water resources to be used for human consumption and irrigation to guarantee food sovereignty, ecological flow and productive activities, in this order of priority and that state authorization will be required for the use of water with productive resources by the public, private, and popular sectors of the economy and solidarity, in accordance with the Law;

That, Article 314 of the Constitution of the Republic assigns to the State the responsibility for the provision of public water and water services. Irrigation for which it will have to ensure that its tariffs are fair and establish its control and regulation. The same rule determines that the State will strengthen the management and operation of the Community initiatives on water management and the provision of public services through the incentive of alliances between the public and the community. the provision of services;

What, Article 411 providesthe will ensure the conservation, recovery and comprehensive management of water resources, water catchment areas and ecological flows associated with the hydrological cycle and that regulate any activity that may affect the quality and quantity of water, and the balance of the ecosystems, especially in the sources and recharging zones.

The sustainability of ecosystems and human consumption will not be a priority in the use and use of water;

Constitution of the Republic provides that the Law that regulates water resources, uses and use of water, will include permits for the use and exploitation, current and future, their deadlines, conditions, mechanisms of review and audit for ensure the formalization and equitable distribution of this heritage;

What, Articles 66 and 276 recognize and guarantee to individuals and communities the right to equitable, permanent and quality access to water, air and soil and to a dignified life that ensures health, food and nutrition, drinking water, housing, environmental sanitation, education, work, employment, rest and leisure, physical culture, clothing, social security and other necessary social services;

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That article 281 states that food sovereignty constitutes a strategic objective and an obligation of the State to ensure that People, communities, peoples and nationalities reach the self-sufi science of healthy and culturally appropriate food on a permanent basis. To this end, it provides that it will be the responsibility of the state to promote redistributive policies that allow the peasants ' access to land, water, and other productive resources;

What, Article 282 of the Constitution prohibits hoarding or privatization of water and its sources;

That, by means of a Supreme Decree 369 published in the Register Ofi cial No. 69 of 30 May 1972, the Law of Waters in force was issued, to which eight minor reforms were added to date. transcendence, introduced through different legal bodies; and,

What, the country has since Substantially increased its population and its growing needs make it essential to issue a new legal, organic, just and up-to-date body that makes possible the practice of human right to water that responds to fundamental social demands through the materialization of the normative postulates of the Constitution.

In exercise of the attribution conferred by the Constitution of the Republic and the Organic Law of the Legislative Function, it exasks the following:

ORGANIC WATER RESOURCES, USES AND USE OF WATER

TITLE I PRELIMINARY PROVISIONS

CHAPTER I OF THE PRINCIPLES

Article 1.-Legal nature. Water resources are part of the state's natural heritage and will be its exclusive competence, the same one that will be exercised concurrently between the Central Government and the Autonomous Decentralized Governments, in accordance with the Law.

Water is a strategic national heritage of public use, an inalienable, immeasurable, immeasurable and essential domain for life, a vital element of nature and fundamental to ensuring food sovereignty.

Article 2.- Scope of application. This Organic Law shall be governed throughout the national territory, subject to its rules by persons, nationals or foreign nationals who are in it.

Article 3.-Subject to the Law. The purpose of this Law is to guarantee the human right to water as well as regulate and control the authorization, management, preservation, conservation, restoration, water resources,

use and use of water, integral management and its recovery, in its various phases, physical forms and forms, in order to guarantee the kawsay sumak or good living and the rights of the nature established in the Constitution.

Article 4.-Principles of the Law. This Law is based on the following principles:

a) The integration of all waters, whether these, superfi cial, underground or atmospheric, in the hydrological cycle with ecosystems;

b) Water, as a natural resource must be conserved and protected by sustainable and sustainable management, ensuring its permanence and quality;

c) Water, as well as a public domain, it is inalienable, imprinted and unembargable;

d) water is national and strategic heritage serving the needs of citizens and essential elements for food sovereignty; consequently, any type of private property on water is prohibited;

e) access to water is a human right;

f) The State guarantees equitable access to water;

g) The State guarantees comprehensive, integrated and participatory water management; and,

h) Water management is public or community.

Article 5.-Strategic Sector. Water is a heritage national, strategic sector of decision and exclusive control of the State through the Single Water Authority. Its management will be directed to the full exercise of rights and the public interest, in the attention of its decisive social, community, cultural, political, environmental and economic information.

Article 6.-Prohibition of privatization. all forms of water privatization, because of their importance for life, the economy and the environment; therefore, this cannot be the object of any trade agreement, with government, multilateral entity or private or foreign private enterprise.

Management shall be exclusively public or Community. No form of appropriation or individual or collective ownership over water shall be recognised, whatever its status.

Consequently, it is prohibited:

a) Any delegation to the private sector of water management or any of the powers assigned to the State legally or legally through the Single Water Authority or the Autonomous Decentralised Governments;

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b) Indirect management, delegation, or outsourcing of the provision of public services related to the comprehensive cycle of the water by private initiative;

c) Any trade agreement that imposes a profit-based economic regime for water management;

d) All forms of commodification of environmental services on the For-profit water;

e) Any form of agreement or cooperation agreement that include clauses that undermine conservation, sustainable water management, biodiversity, human health, human right to water, food sovereignty, human rights and nature; and,

f)

Article 7.-Activities in the water strategic sector.

provision of public water service is exclusively public or community. Exceptionally, the private initiative and the popular and solidarity economy may participate in the following cases:

a) Declaratory of emergency adopted by the competent authority, in accordance with the legal order; or,

b) Development of public service administration sub-processes where the competent authority does not have the technical or financial conditions to do so. The maximum period will be ten years, after audit.

Article 8.-Integrated management of water resources. The Single Water Authority is responsible for the integrated and integrated management of water resources with a focus ecosystemic and basin or river basin systems, the same as that which will be coordinated with the different levels of government according to their areas of competence.

The river basin is defined as the territorial unit bounded by the line The dividing of its waters that drain superfi cially towards a common channel, include in this space populations, infrastructure, areas of conservation, protection and productive areas.

When the limits of groundwater do not coincide with the dividing line of superfi waters, this delimitation will include the projection of the waters

i)

Single Water Authority will approve the concrete delimitation of the river basins and their possible pooling for the purposes of planning and management as well as the management and management of the river basin;

the attribution of groundwater to the appropriate basin.

integrated and integrated management of water resources will be a cross-cutting axis of the decentralized national system of participatory planning for development.

Article. 9.-Guarantee of public rights and policies. The State shall allocate the public budget for the implementation of policies and the provision of public services in accordance with the Law in an equitable and supportive manner.

TITLE II WATER RESOURCES

CHAPTER I DEFINITION, INFRASTRUCTURE AND

CLASSIFICATION OF WATER RESOURCES

Article 10.-Public water domain. The public water domain consists of the following natural elements:

a) The rivers, lakes, lagoons, wetlands, snowfalls, glaciers and natural falls;

b) The groundwater;

c) aquifers for the purposes of protection and disposal of water resources;

d) Water sources, understood by such sources of the rivers and their afl uentes, springs or natural springs in which the superfi cise the superfi groundwater or the water collected at the start of the runoff;

e) The alvees or natural channels of a continuous or discontinuous stream which are the land covered by the waters in the maximum ordinary growths;

f) The beds and subsoils of the rivers, lakes, lagoons and superfi reservoirs in natural channels;

g) The banks that are the natural straws of the channels above the low water level;

h) The geomorphological conformation of the water basins, and their mouths;

i) coastal marine wetlands and coastal waters; and,

j) Water from the Water desalination.

Public-owned hydraulic works or infrastructure and its hydraulic protection zones are considered an integral part of the public water domain.

Article 11.-Infrastructure hydraulic. Works or hydraulic infrastructure are considered to be used for the

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fetching, extracting, storing, regulating, driving, controlling and harnessing water as well as sanitation, debugging, the treatment and reuse of the water used and those with the purpose of the use of water for the use of aquifers, action on channels, correction of the current system, protection against avenues or growing, such as dams, reservoirs, canals, pipelines, supply depots to populations, sewerage, Rainwater and waste water collectors, sanitation, purification and treatment facilities, capacity stations, piezometers, quality control networks as well as all the necessary works and equipment for the protection of the water domain public.

The hydraulic works or infrastructure may be of public, private or community ownership, according to who has built and financed them, although their use is in the public interest and governed by this Law.

emergency declaration or emergency declaration, in which the State requires water to guarantee its provision, to the affected population, the administration, maintenance and use of all hydraulic infrastructure may be carried out by the State, regardless of its ownership.

Article 12.-Protection, recovery and conservation of State, the community systems, drinking water boards and irrigation boards, the consumers and users, are responsible for the protection, recovery and conservation of water sources and the management of moorlands as well as the participation in the use and administration of the sources of water found in their lands, without prejudice to the general powers of the Single Water Authority in accordance with the provisions of the Constitution and this Law.

The Single Water Authority, the Autonomous Decentralized Governments, the users, the communes, the peoples, Nationalities and owners of lands where water sources are found, will be responsible for their sustainable and integrated management as well as for the protection and conservation of these sources, in accordance with the rules of this Law and the technical standards that the Single Water Authority will dictate, in coordination with the National Environmental Authority

The State at its various levels of government will allocate the necessary funds and technical assistance to ensure the protection and conservation of water sources and their areas of infl.

if there are no known users of a source, their protection and conservation will be assumed by the Single Water Authority in coordination with the Decentralized Autonomous Governments in whose jurisdiction they are located, provided it is outside an area protected natural.

The use of the predium in which a water source is located is affected in the part that is necessary for the preservation of the same. To these effects, the Authority

Water Only must proceed to the delimitation of the water sources and the scope and limits of such affectation will be established.

The owners of the premises in which they are located water sources and water users will be obliged to comply with the regulations and technical provisions that in compliance with the legal and regulatory regulations establish the Single Water Authority in coordination with the Environmental Authority National for water conservation and protection at source.

Article 13.-Formas de conservation and protection of water sources. They constitute forms of conservation and protection of water sources: public-use easements, water protection zones, and restriction zones.

public channels are subject in all their longitudinal extension to an area of servitude for public use, which will be regulated in accordance with the Regulation and the Law.

For the protection of the waters circulating through the channels and the Associated ecosystems, a water protection zone is established. Any use which is intended to be carried out at a distance from the course, which is regulated by regulation, shall be subject to authorisation by the Single Water Authority, without prejudice to other authorisations which proceed.

The same public-use easements and water protection zones will exist in the superfi reservoirs.

In the aquifers, zones of restriction will be defined in which the activities that can be carried out in the form will be conditioned and with the effects set forth in the Regulation to this Law.

Article 14.-Change of Use The State will regulate activities that may affect the quantity and quality of water, the balance of ecosystems in water protection areas that supply water systems for human consumption and irrigation; based on studies Environmental impact that will ensure minimum affectation and restoration of these ecosystems.

CHAPTER II INSTITUTIONAL AND MANAGEMENT

WATER RESOURCES

Section First National System Strategic and

Single Water Authority

Article 15.-System Create the national strategic water system, which constitutes the set of processes, entities and instruments that allow the interaction of the different actors, social and institutional to organize and coordinate the integrated and integrated management of water resources.

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The national water strategic system will be comprised of:

1. The Single Water Authority who directs it;

2. The Intercultural and Plurinational Water Council;

3. The institutions of the Executive Function that meet competencies linked to the integral management of water resources;

4. The Agency for Water Regulation and Control, attached to the Single Water Authority;

5. Decentralized Autonomous Governments; and,

6. The Basin Councils.

Article 16.-Objectives of the national water strategic system. They are targets of the national water strategic system:

1. Articulate the actors who are part of the national water strategic system for the integrated and integrated management of water resources; and,

2. Generate mechanisms and instances to coordinate the planning and implementation of public policy on water resources with social actors linked to water and the different levels of government, to ensure good living.

Article 17.-The Single Water Authority. It is the entity that directs the national water strategic system, it is a legal person of public law. Its holder will 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 rectory, planning and management of water resources. Your management will be deconcentrated in the territory.

Article 18.-Competences and privileges of the Single Water Authority. The competencies are:

a) Direct the Strategic National Water System;

b) Exercise the rectory and execute public policies regarding the integrated and integrated management of water resources; and, follow up their compliance;

c) Coordinate with the national environmental authority and the health authority The Commission has proposed that the Commission should take into account the national and regional policies. waters;

d) Develop the National Water Resources Plan and integrated and integrated water resources management plans by watershed; and, approve national water planning;

e) Establish and delimit Water protection zones and areas;

f) Defi nir administrative delimitation of the units hydrografi cas;

g) Grant authorizations for all uses, water uses;

h) Grant the authorisations for the change of use or use of water and the renewals of authorization when there is a place;

i) Grant legal status to the drinking water management boards and the irrigation and drainage boards;

j) Maintain and update the public water register;

k) Declare of public interest information on the availability of super-fi, underground and atmospheric waters;

l) Establish coordination and complementarity mechanisms with the Autonomous Decentralized Governments in the concerning the provision of public irrigation and drainage services, drinking water, sewer, sanitation, sewage treatment and other law-making facilities;

m) Issue technical feasibility report for the execution of drinking water, sanitation, irrigation and drainage projects;

n) Learn about and resolve appeals and other appeals that stand in the way of resolutions issued by the Regulatory and Control Agency;

or) Ensure protection, conservation, integrated management and exploitation sustainable water and super-fi water reserves;

p) Set the general parameters, on the basis of technical and actuarial studies, for the purpose of the payment of the rates for the provision of the public service for drinking water and sanitation, irrigation and drainage, and the amounts of the fees for the authorisations of use and Productive use of water, in the cases determined in this Law;

q) Exercise coactive jurisdiction in all cases within its jurisdiction;

r) Formulate, manage and monitor the annual priorities plan in hydraulic infrastructure, equipment, drainage and flooding; and, managing infrastructure multipurpose hydraulics;

s) Implement a record for identifi car and quantify the flow rates and the authorizations for use or productive use when it comes to flow rates that are used by the same channel or system irrigation;

t) Consequence users and consumers about the responsible use of water for human consumption;

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u) Exceptional and exceptionally Authorize water transfer from other water demarcations;

v) Approve the the specific delimitation of the catchment areas and their possible pooling for the purposes of planning and management as well as the allocation of groundwater to the relevant basin; and,

w) Dictate the necessary measures for the exercise of their functions and competencies.

Article 19. The Intercultural and Plurinational Water Council. It is part of the national water strategic system, a national sector instance, in the formulation, planning, evaluation and participatory control of water resources, in accordance with the Law.

The Intercultural and Plurinational Council of Water will have a president or elected president from among its members; it will be integrated by elected representatives of the councils of the basin and the representatives of the peoples and nationalities Indigenous, Afro-Ecuadorians, montubians; community systems of drinking water and irrigation; users 'organizations by economic sector; citizens' organizations of public services; decentralized autonomous governments and universities, with gender parity. It shall meet at least once every six months, upon convocation by the President or the President, subject to the Rules of Procedure.

The election of the members of the Council shall be organized by the Council of Citizen Participation and Social Control. Its conformation, structure and operation will be established in accordance with the Law.

Members of the Intercultural and Plurinational Water Council will be elected for a period of two years and may be re-elected.

Article 20.- Responsibilities of the Intercultural and Plurinational Water Council. The functions of the Intercultural and Plurinational Water Council are as follows:

1. Social control over the guarantee and exercise of the human right to water and its equitable distribution;

2. Participate in the formulation, evaluation and control of public water resources policies;

3. Participate in the formulation of guidelines and follow-up to the National Water Resources Plan;

4. Generate public debates on topics related to integrated and integrated water resources management;

5. Participate in the promotion of the dissemination of ancestral knowledge about the natural properties of water;

6. Account the citizenry about its management;

7. Contribute and encourage the resolution of controversies and confuses that are raised among water users; and,

8. The others to determine the Law.

Article 21.-Agency for Regulation and Control of Water. The Agency for Water Regulation and Control (ARCA), is a public, technical and administrative law body attached to the law. The Single Water Authority, with legal personality, administrative autonomy and financial autonomy, with its own heritage and national jurisdiction.

The Agency for Water Regulation and Control, will exercise the regulation and control of the integral management and integrated water resources, the quantity and quality of water in its sources and recharging zones, quality of public services related to the water sector and in all uses, uses and destinations of water.

The management of regulation and control of the Agency will be evaluated periodically by the Single Water Authority.

Article 22.-Integration of the Regulatory and Control Agency. The Regulatory and Control Agency will have an integrated directory as follows:

1) The representative of the Single Water Authority or its delegate, who will chair it;

2) The entity's representative responsible for coordinating the strategic sectors; or its delegate; and,

3) The representative of the national responsible entity for the planning and development plan or its delegate.

The directory will appoint a director or a director (a) the administrative and financial structure of the Agency for the management of the Regulation and Control.

The Executive Director shall comply with the resolutions of the Board, exercise the legal representation of the Agency and have the powers and powers assigned to it by the Executive Body.

Article 23.- Powers of the Agency for Control and Control. The Agency for Control and Regulation shall have the following powers:

a) Dictate, establish and monitor compliance with the sectoral technical standards and parameters for regulate the technical level of water management, in accordance with national policies;

b) Certifi car availability of water at the request of part on the basis of the recorded information on inventories, water balances, authorizations and permissions granted;

c) Collect, process, manage and manage Water-discharge of a technical and administrative nature;

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d) Coordinate with the National Environmental Authority the regulation and control of water quality and quantity in the public water domain, as well as the conditions of any activity affecting these qualities;

e) Coordinate with the National Environmental Authority the corresponding control actions, in order to ensure that the discharges comply with the standards and parameters issued;

f) Norse the destinations, uses and harness of the water and control its application;

g) Regular to standardize and optimize systems related to water-related utilities;

h) Regular and control the application of technical and actuarial criteria for the purpose of the application of the tariffs for the uses and productive use of water by the Single Water Authority and for the provision of water-related services;

i) Control compliance with the obligations laid down in the authorisations of use and use of water;

j) Control and sanction the non-compliance of the national qualifications, in accordance with technical processes designed for the purpose and inform the competent authorities of non-compliance;

k) To process, investigate and resolve complaints and disputes arising between members of the sector and between them and citizens;

l) Regular and control the technical management of all basic public water-related services;

m) Impose fines and exercise co-active jurisdiction for their collection and the others that correspond;

n) Dictate the rules necessary for the exercise of their competencies; and,

n) Issue a binding prior report for the granting of authorizations for all uses and use of water, as well as to issue technical standards for the design, construction and management of water infrastructure, and control their compliance.

Article 24.-Public Register of Water. It is up to the Single Water Authority to administer the Public Registry of Water, in which they must register:

a) The authorizations for use and use of water, with indication of the respective catchment and their location in geographie or flat coordinates;

b) The discharge authorizations issued by the National Environmental Authority;

c) Integrated water resource management plans by river basins;

d) Studies and drawings of hydraulic works for collection and driving for use or Approved utilization;

e) Infrastructure inventories, water quality data, and water balances approved by the Single Water Authority;

f) Basic utilities related to water including community systems;

g) The statutes and directives of community organizations providing water-related services;

h) The organizations directives, associations and entities related to the management of water and the provision of related services;

i) The mediation and arbitration conventions approved by the authority; mediation agreements and arbitration awards;

j) Administrative resolutions on the non-compliance of this Act; and,

k) All others who are required to register in accordance with this Law and their Regulations.

The Single Water Authority at the request of the interested party shall issue the corresponding certificates.

Article 25.-Basin Council Hydrografi ca. is the collegiate body of an advisory nature, led by the Single Water Authority and made up of the elected representatives of the user organisations, with the purpose of participating in the formulation, planning, evaluation and control of water resources in the respective basin.

In the basin councils the authorities of the different levels of government will also participate in the issue of their responsibility.

In the regulation of this Law will be established the territorial scales in which they can be organised, their composition and funding.

Article 26.-Functions of the Basin Council. It is for the Basin Council to exercise the following functions:

1. To elect its representatives to its representatives to the Intercultural and Plurinational Water Council, in accordance with the Regulations of this Law;

2. Participate in the formulation of guidelines and guidelines as well as the monitoring of the plan of

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management by watershed in the National Water Resources Plan;

3. Generate proposals for public sector policies related to water resources, which will be presented to the Intercultural and Plurinational Water Council, through its representatives;

4. To speak to the Single Water Authority, on all issues that are of interest to you or to request;

5. Participate in the consultation processes carried out by the Single Water Authority and propose priority topics for the management of the basin or the water units that make it up;

6. Resolve the issues that concern you and could inflate the operation of the Council;

7. Monitor that the decisions of the basin's comprehensive management policies and plans are implemented in budget headings of the different levels of government involved in the basin; and,

8. The others to be established in the Regulation of this Law.

Article 27.-Basin user organizations. It is called basin user organizations to the different forms of organization adopted by users of the basin. water resources of each basin.

The users of a basin will designate their representatives in the respective basin councils, considering the existing organizations and the various eco-nomic sectors.

the user of a basin is justified with the authorization of use or productive use of water.

Its structure and operation will be democratic, participatory, with alternability and transparency in accordance with the provisions of this Law.

Section Second Water Planning

Article 28.- Planning of Water Resources. It is up to the Single Water Authority to implement water planning, on the basis of the National Water Resources Plan and Integrated Water Resources Management Plans for water catchment areas.

The State and the Governments Decentralised Autonomous Community (s) shall be subject to water planning in respect of the exercise of their powers. Likewise, the plans for the integrated management of water resources by the basin will link the entities dedicated to the provision of community services related to water.

Users will have to adapt their actions in relation to the related activities. with the use and protection of water as established in the water-based planning.

The existing authorizations for the use and use of water must be compatible with what is established in the plans of comprehensive management of resources. Water by basin, otherwise, will have to be reviewed in harmony with the National Resource Plan Water, in accordance with the provisions of the Regulation to this Law.

Article 29.-Content of water plans. Water plans will contain:

1. The National Water Resources Plan will contain:

a) National water balances;

b) Water works to be built for the satisfaction of water needs;

c) conservation and protection factors for water and the ecosystems in which it is located; and,

d) The forecast and conditions for the realization of water transfers between different areas of river basin management.

2. The plans for integrated water resources management by river basin will contain:

a) The description of the present and future water uses in their territorial scope;

b) The description of the needs water in each basin;

c) Water preservation elements for meeting plan objectives;

d) The order of priority for water tapping for productive activities, adapted to needs of the respective basin; and,

e) The description of water and water sources water protection in each basin and the means to safeguard them.

Article 30. Preparation of water resource plans. The National Water Resources Plan and the integrated management plans by watershed will be formulated by the Single Water Authority. The Intercultural and Plurinational Water Council and the basin councils will participate in the formulation of their guidelines.

The National Water Resources Plan, once formulated, will be considered by the Intercultural Council and Plurinational Water. The integrated management plans by watershed, once formulated, will be submitted to the knowledge of the respective basin councils, after which they will be approved by the Single Water Authority.

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Article 31.-Transports. The construction of cross-river basin transfers may be carried out as long as it is considered in the Water supply and water supply for human consumption and irrigation. In order to authorize transfers, the Single Water Authority will require the technical, economic and environmental aspects of the project and submit it to the respective environmental assessment and licensing process and its implementation will be coordinated with the Decentralized Autonomous Governments involved in the transfer area.

Section Third Management and Management of Water Resources

Article 32.-Public or community water management. Water management is exclusively public or community.

Public water management includes, in accordance with the provisions of this Law, the rectory, formulation and implementation of policies, planning, integrated management in basins (a) the organization and regulation of the institutional system of water and control, knowledge and sanction of violations, as well as the administration, operation, construction and maintenance of the water infrastructure in charge of the State.

Community management will be carried out by the communes, communities, peoples, Nationalities and meetings of service user organizations, drinking water boards and irrigation boards. It includes, in accordance with this Law, the participation in the protection of water and in the administration, operation and maintenance of infrastructure of which a hundred members of a water system are benefited and which is not under the State administration.

Article 33.-Scope and modalities of water resource management. Public management of water resources will include planning, national policy formulation, integrated management of water resources. watersheds, the granting, monitoring and control of authorizations for use and authorisations of the production of water, the determination of ecological flows, the preservation and conservation of water sources and recharging zones, the regulation and technical control of management, the cooperation with environmental authorities in the prevention and control of water pollution and the disposal of discharges, the observance of the rights of users, the organization, rectory and regulation of the institutional water system and the control, knowledge and sanction of the

Article 34.-Integrated and comprehensive management of water resources. The Single Water Authority is responsible for the integrated and integrated management of water resources with an ecosystem approach and by basin or river basin systems, the same that will be coordinated with the different levels of government according to its areas of competence.

It is understood by river basin, the territorial unit bounded by the dividing line of its waters that drain superfi cially towards a common channel. They include in this space, populations, infrastructure, areas of conservation, protection and productive areas.

When the limits of groundwater do not coincide with the dividing line of super-fi waters, this delimitation include the projection of the groundwater recharging waters that are in the superfi cally delimited basin.

The Single Water Authority will approve the con-crea of the river basins and their possible pooling for (a) the management and management as well as the allocation of groundwater to the basin;

The integrated and comprehensive management of water resources will be a cross-cutting axis of the decentralized national system of participatory development planning.

Article 35.-Principles of management of water resources water resources. The management of water resources throughout the national territory shall be carried out in accordance with the following principles:

a) The water catchment area shall be the unit of planning and integrated management of water resources. water resources;

b) The planning for water resource management must be considered in the plans of territorial planning of the territories within the basin of the river basin, the environmental management and the collective knowledge and ancestral knowledge;

c) The management of the water and the provision of public sanitation, drinking water, irrigation and drainage are exclusively public or community;

d) The provision of drinking water, irrigation and drainage services should be governed by the principles of compulsory, generality, uniformity, science, responsibility, universality, accessibility, regularity, continuity and quality; and,

e) Social participation shall be performed in the spaces established in this Law and other legal bodies issued for the purpose.

Article 36.-Duties State and its institutions in the field of its competences are responsible for the integrated management of water resources by watershed. As a result they are obliged to:

a) Promote and guarantee the human right to water;

b) Regular uses, use of water and actions to preserve it in quantity and quality through sustainable management from technical standards and quality parameters;

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c) Keep and sustainably manage coastal, altoandine and Amazon ecosystems, especially moors, wetlands, and all ecosystems that store water;

d) Promote and strengthen the participation in water management of user organizations, consumers of public and community water systems, through watershed councils hydrografi and the Intercultural and Plurinational Water Council; and,

e) Recover and promote ancestral knowledge, research and scientific knowledge of the hydrological cycle.

Section Fourth Utilities

Article 37.-Basic public services. For the purposes of this Law, basic public services, drinking water and environmental sanitation related to water will be considered. The provision of these services presupposes the granting of an authorization of use.

The provision of drinking water includes processes for the collection and treatment of raw water, storage and transport, driving, driving, distribution, consumption, cost collection, operation and maintenance.

The certification of drinking water quality for human consumption must be issued by the national health authority.

Environmental sanitation in relation to water comprises the following activities:

1. Sanitary sewer: collection and conduction, treatment and final disposal of waste water and derivatives of the purification process; and,

2. Pluvial sewer: collection, driving and final disposal of rain water.

The rain and sanitary sewer systems constitute independent systems without interconnection possible, the autonomous governments decentralized Article 38.-Prohibition of authorization of the use or use of wastewater. The Single Water Authority will not issue authorization to use or use wastewater.

Article 38. use and use of waste water in cases that obstruct, limit or affect the execution of public sanitation projects or when they fail to comply with the parameters in the regulations for each use.

Article 39.-Public service of irrigation and drainage. The provisions of this Law concerning public services apply to irrigation and drainage services, regardless of the mode under which they are provided.

Irrigation is the responsibility of producers within their premises, under the principles and objectives that are established by the

public service of irrigation and drainage will respond to the The national plan setting up the authority and its planning and implementation in the territory corresponds to the provincial decentralized autonomous governments, in accordance with their respective competences.

Unique Water Authority and the National Environmental Authority in coordination with the national agricultural policy authority, will issue regulations and regulations to ensure the quality and safety of irrigation water and monitor their

Article 40.-Principles and objectives for irrigation and drainage management. Irrigation and drainage is a means to boost good living or sumak kawsay. Irrigation and drainage management will be governed by the principles of redistribution, participation, equity and solidarity, with environmental responsibility.

The objectives are:

a) Expand coverage and improve the efficiency of the irrigation systems depending on the change in the production matrix;

b) Enabling productivity and productive diversification to increase;

c) Strengthening public and community irrigation management;

d) Drive modernization and irrigation technology;

e) Promote management, Soil conservation and recovery;

f) Promoting rural employment generation; and,

g) Ensuring the quality and quantity of water for irrigation.

Article 41.-Provisions for public irrigation systems and drainage. The infrastructure of the public irrigation and drainage systems are part of the public water domain and its ownership cannot be transferred under any circumstances.

The management of public irrigation and drainage systems is co-responsibility between the Central Government, the Autonomous Decentralised Governments in the field of its powers and its users. Such co-responsibility implies the participation in the operation and maintenance of these systems and in the sustainable management of the sources and recharging zones.

In all the rest will be within the provisions of the Organization's Organic Code Territorial, Autonomy and Decentralization and the decisions of the National Council of Competences.

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Fifth Section Water and Decentralized Autonomous Governments

Article 42.-Coordination, planning and control. The guidelines the integrated management of water which the single authority establishes in the case of the born-nal water plant, will be observed in the development plan at regional, provincial, county, cantonal, parochial and regional level.

for the integrated and integral management of the water, the Autonomous Decentralized Governments, without prejudice to the exclusive competences in the provision of services public water-related public activities will be carried out in a coordinated manner collaboration and complementarity between different levels of government and community systems in accordance with the Constitution and the law.

Section Sixth Water Community Management

Article 43.-Defi nition of boards water management boards are community, non-profit organizations, which have the ability to provide the public drinking water service. Its actions are based on criteria of economic science, sustainability of the water resource, quality in the delivery of services and equity in water distribution.

The requirements and procedure for the creation of new boards Drinking water management will be developed by the Single Water Authority.

In the canton where the municipal decentralized government provides the service directly or through a public water company The services provided by law, in all their jurisdiction, cannot be covered by the law. The management boards of potable water and sanitation,

part of the basin council through its sectoral representatives, as established by the regulation of the

Article 44.-Duties and attributions of drinking water management boards. They constitute duties and privileges of the community drinking water management boards, the following:

1. Establish, collect and manage the fees for the provision of services, within the general criteria regulated in this Law and the Regulation issued by the Single Water Authority;

2. Rehabilitate, operate and maintain the infrastructure for the provision of drinking water services;

3. Manage with the different levels of government or directly, the construction and financing of new infrastructure. For this purpose it must have the respective technical feasibility issued by the Single Water Authority;

4. Participate with the Single Water Authority in the protection of the sources of supply of the drinking water system, avoiding its contamination;

5. Refer to the Single Water Authority the annual information regarding its management as well as any information required;

6. The resolution of the ictos that may exist among its members. In case the icto confl cannot be resolved internally, the Single Water Authority will decide on it, in the field of its competencies; and,

7. Participate in watershed councils in accordance with this Law.

Article 45.-Community water service provision. It will be performed exclusively through drinking water boards-sanitation and irrigation joints, the same Article 46.-Community drinking water service.

the rural locality where the autonomous municipal government is not a municipal government. provide the drinking water service provided by law, a meeting may be established

for the formation of a board, the application to the Single Water Authority will be required to be submitted by at least 60% of the heads or heads of the local family that can make use of the water. Community service for drinking water. The Single Water Authority will authorize the corresponding flow rate after the respective verification, in accordance with the Law.

Article 47. Defi nition and attributions of irrigation joints. Irrigation boards are non-profit community organizations, which have the provision of irrigation and drainage services, on the basis of economic science, quality in service delivery and equity in the Water distribution.

They are the privileges of the irrigation board, in coordination with the Provincial Decentralized Autonomous Governments:

a) Manage the system's infrastructure, be it own of the board or ceded in use to it by the State, through the different levels of government;

b) To deal with the different government or directly, the construction of new infrastructure, which can be obtained for financial support.

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For the purpose you must have the respective technical feasibility issued by the Single Water Authority;

c) Perform the equitable distribution of water that is authorized to you among the members of the system in accordance with the regulations issued by the Single Water Authority;

d) Resolve the ictos that may exist among its members. In case the icto confl cannot be resolved, they will use the Single Water Authority;

e) Establish, collect and administer the fees for the provision of the service on the basis of the technical criteria regulated by the Authority Water Only;

f) Impose penalties on users corresponding to administrative violations established in their statutes or ordinances under the general regime provided for in this Act;

g) Deliver to the Unique Water Authority, the information you request, provided it is related to the exercise of their competencies;

h) Collaborate with the Single Water Authority on the protection of water supply sources from the irrigation system by avoiding their contamination;

i) Participate in the basin councils through its sectorial representative; and,

j) All the others that are set out in the Regulation to this Law.

Article 48-Recognition of collective and traditional forms of management. The collective and traditional forms of water management, of communes, communities, peoples and nationalities, are recognized and their collective rights will be respected in the terms provided for in the Constitution and the law.

financial autonomy, administrative and internal management of the community water systems for consumption and irrigation.

Article 49.-Autonomy of management and sufi ciency fi nanciera. The organizations that form the community water management systems drinking water boards and irrigation boards shall maintain their administrative, financial and management autonomy to comply with the effective delivery of the service and the efi caz development of their functions, in accordance with the law.

For the fulfilment of their financial resources, the common water management systems shall administer the values of the fees they collect and the other fees corresponding to them in accordance with the law. with the Law and its Rules of Procedure.

Article 50.-Strengthening, support and subsidiarity in the service delivery. The State, in its different

levels of government and in accordance with its competencies, will strengthen water service providers; be these public or community, by supporting technical management, administrative, environmental and economic as well as the training and permanent qualification of managers and users of these systems.

Article 51.-Failure to comply with technical regulations. In case of non-compliance with the regulations The technical assistance of the Water Regulation and Control Agency for the provision of the service, the Drinking water management shall be notified to each other so that the improvement plan is drawn up within the prescribed period. The municipal decentralized government will provide technical assistance for the elaboration of this plan and will provide financial support for its implementation.

The Single Water Authority will approve the improvement plan and once the deadlines have been signed established in the improvement plan the Agency for Water Regulation and Control will evaluate the service.

In the event of non-compliance the drinking water management board will be intervened by the municipal decentralized government, or by delegation of the latter, by the corresponding parish government, until the improvement plan is fulfilled.

Article 52.-Own or customary law. The customary practices that are in place for access, use and distribution of water by communes, communities, peoples, nationalities and colec-tives, are mandatory practices for their members.

The Single Water Authority will keep a record of the customary practices applied by community systems that hold collective rights, for access, use and distribution of water by communes, communities, peoples, nationalities.

The organs and dependencies of the Single Water Authority will observe the

The related practices related to access, human consumption and domestic use of water, will not be able to limit the free use of the same established in this Law.

Article 53.-Practice a) a common practice may be invoked and applied against third parties who are not part of the commune, community, town or nationality, without prejudice to the provisions of the Single Water Authority; that the Single Water Authority recognises the relevance of its implementation and the third involved express their consent.

Article 54.-Integrated community management of supply and irrigation services. Community systems will be able to manage water supply services in an integrated way irrigation in those areas where this form of management is advisable.

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Article 55.-Community systems and collective memory. Water supply systems for human consumption and irrigation The organizations that integrate community water management systems are part of Ecuador's community, cultural and ethnography heritage.

Article 56.-Guarantee of rights and public services. Constitutionally recognised rights, the Single Water Authority and the Autonomous Governments Decentralized, promote and support community initiatives and partnerships between entities in the public and community sectors for the efficient delivery of public services.

TITLE III RIGHTS, GUARANTEES AND OBLIGATIONS

CHAPTER I HUMAN RIGHT TO WATER

Article 57. -Defi nition. The human right to water is the right for all people to have clean, sufi, healthy, acceptable, accessible and affordable water for personal and domestic use in quantity, quality, continuity and coverage.

access to environmental sanitation that ensures human dignity, health, avoids pollution and guarantees the quality of water reserves for human consumption.

The human right to water is fundamental and inalienable. No person can be deprived and excluded or stripped of this right.

The exercise of the human right to water will be sustainable, so that it can be exercised by future generations. The Single Water Authority will defend quality water reserves for the human consumption of present and future generations and will be responsible for the implementation of policies related to the effectiveness of the human right to water.

Article 58.-The need for human right to water. People, communities, peoples, nationalities, collectives and communes may require the authorities concerned to comply with and observe the human right to water. which will deal with their orders as a matter of priority and progressive. Authorities who fail to exercise this right will be subject to sanction in accordance with the law.

Article 59.-Vital quantity and minimum rate. The Single Water Authority shall establish in accordance with the rules and national and international guidelines, the vital amount of water per person, to meet their basic needs and domestic use, whose access to water is the essential content of the human right to water.

The vital amount of raw water For human consumption processing is free of charge for human right to water. When the minimum amount of life is exceeded, the corresponding rate will be applied.

The vital amount of processed water per person will have a tariff that ensures the sustainability of service provision.

Article 60.- Free access and use of water. The human right to water implies the free access and use of the superfi or underground water for human consumption, provided that it does not deviate from its flow or discharge discharges or any alteration in its quality or decrease in the quality of the water. its quantity and the rights of third parties and in accordance with the limits and parameters established by the National Environmental Authority and the Single Water Authority. The Single Water Authority will maintain a record of the use for human consumption of groundwater.

CHAPTER II RIGHT TO EQUALITY

AND NOT DISCRIMINATION

Article 61-Right to equality and non-discrimination access to the human right to water. All persons shall exercise the human right to water on an equal footing.

Any discrimination on grounds of ethnicity, gender, sex, age, language, religion, political opinion or otherwise is prohibited. nature, national or social origin, economic position, physical or mental disability, state of health, including diseases, sexual orientation, gender identity, marital status or any other political, social or other conditions which seek or have the effect of nullifying or impairing the same enjoyment or exercise of the right

The policies and allocations of water resources and investments in the water sector will be directed to ensure access to water to all members of the community on an equal footing.

take all necessary measures of action to promote real equality, In the exercise of the human right to water, it will protect and treat priority care groups in a preferential manner.

Article 62.-Women and human right to water. All water policy must incorporate the perspective of water. gender in such a way that concrete measures are put in place to address the specific needs of women in the exercise of human right to water.

In the same way, measures will be taken to achieve formal and material equality. between women and men in particular in the activities of Community participation in the water management, obtaining the

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itself and the strengthening of women as drivers of change.

Article 63.-Water storage rain. Any Person may store rainwater in tanks, cisterns, barrages or small reservoirs, for domestic and irrigation purposes for food sovereignty, provided that it does not prejudice third parties and affects the quantity and quality that circulates through the channels. public. The Single Water Authority will set the technical parameters to defend the volume of water that can be stored without the need for authorization.

CHAPTER III RIGHTS OF NATURE

Article 64.-Conservation of water. Nature or Pacha Mama is entitled to water conservation with its properties as essential support for all life forms.

In water conservation, nature is entitled to:

a) protection of their sources, catchment areas, regulation, recharging, affing and natural water flows, in The maintenance of ecological flow as a guarantee of the preservation of ecosystems and biodiversity;

c) The preservation of the natural dynamics of the natural environment. integral cycle of water or hydrological cycle;

d) The protection of watersheds and the ecosystems of all pollution; and,

e) The restoration and recovery of ecosystems by the effect of imbalances produced by water pollution and soil erosion.

Article. 65. Integrated water management. Water resources will be managed in an integrated and comprehensive way, with an ecosystem approach that guarantees biodiversity, sustainability and preservation in accordance with the provisions of this Regulation. Law.

Article 66.-Restoration and recovery of water. The restoration of water will be independent of the obligation of the State and natural or legal persons to compensate individuals and groups affected by the pollution of the waters or dependent on the altered ecosystems.

The economic compensation must be invested in the recovery of nature and the ecological damage caused; 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 realized in the works.

CHAPTER IV RIGHTS OF USERS,

CONSUMERS AND CITIZEN PARTICIPATION

Article 67.-User and consumer law. Water users are natural persons, legal entities, Decentralized Autonomous Governments, public or community entities

" Consumers are natural, legal, orga-community citizens who demand goods or services related to water provided by users.

Users and consumers have the right to access equitably to the distribution and redistribution of water and to exercise the rights of citizen participation provided for in the law.

User rights shall be exercised without prejudice to the rights of consumers of public services related to water.

The rights of consumers of water-related utilities will be exercised without prejudice to the rights of users.

Article 68.-Consultation and obligations of users. The Single Water Authority, through the water catchment councils, shall consult, in a prior, free, informed, compulsory and within a reasonable time limit on user organisations, in all relevant matters relating to the the integrated management of water resources that may affect them in accordance with this Law and its Regulation.

Without prejudice to the obligations of the State, water users will contribute financially, in a pro-international way to the the amount of water they use for the preservation, conservation and sustainable management of the resources water in the water catchment area and will be part of the water catchment area. In the case of community users, who are both water consumers, they will contribute to the environment or through community work.

Article 69.-Promotion of the organization and capture. The Single Water Authority and the Autonomous Decentralized Governments will strengthen the organization of consumers and water users, promote their conformation in the places where it does not exist. To this end, they will establish policies for information, dissemination, education and social training for users, consumers, and the general population.

Article 70.-Citizen's Veeduria. Social participation will be subject to the provisions of the Organic Law on Citizen Participation and Social Control.

Authorizations for the use or use of water may be the subject of citizen oversight.

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CHAPTER V COLLECTIVE RIGHTS OF COMMUNES,

COMMUNITIES, PEOPLES AND NATIONALITIES

Article 71.-Rights , communities, indigenous peoples and nationalities, an Afro-Ecuadorian people and a montubium from their own worldview, enjoy the following collective rights on water:

a) Keep and protect the water water that fl uye for their lands and territories in which they inhabit and develop their life collective;

b) Participate in the use, usufruct and community management of water that fl uye for its lands and territories and is necessary for the development of its collective life;

c) Keep and protect its management practices and water management in direct relation to the right to health and food;

d) Maintain and strengthen their spiritual relationship with water;

e) Safeguard and disseminate their collective knowledge, sciences, Water-ancestral technologies and knowledge;

f) Be consulted on a mandatory basis prior to, free, informed and within a reasonable period of time, about any relevant regulatory decision or state authorisation that may affect the management of water running through its land and territories;

g) Participate in the formulation of environmental impact studies on activities that affect the use and ancestral forms of water management in their lands and territories;

h) Having access to truthful, complete and reasonable water information; and,

i) Participation in the social control of any public or private activity likely to generate impact or conditions on ancestral uses and forms of water management in their properties and territories.

Communes, communities, peoples and nationalities shall exercise these rights through their representatives in the intended terms In the Constitution and the law.

Article 72.-Participation in water conservation. Communes, communities, peoples and nationalities have the right to the State, through its institutions, to articulate policies and programs for the conservation, protection and preservation of the water that fl uye through its lands and territories.

The exercise of this right, will not prevail and will not affect any of the privileges that the State has on the water.

Article 73.-Use, usufruct and community management of water. Communes, communities, peoples and nationalities have the right to participate in the use, usufruct and community management of water that fl uya for their lands and territories as a means to strengthen their identity, culture, traditions and rights, compliance with the legal system.

For the purpose, through the representatives of their organizations and in accordance with this Law, they will participate in the integral planning and in the community management of the water that fl uya in their land and territories as well as to be part of the organisations which are set up in the basins in which their lands and territories are located.

Article 74.-Conservation of water management practices. The application of the traditional methods of management and management of the hydrological cycle is ensured. by communes, communities, indigenous peoples and nationalities, Afro-Ecuadorans and montubias and respect their own forms, uses and customs for the internal distribution and distribution of authorized water flows.

Article 75- Resolution of differences. The customary orders of communes, communities, peoples and Nationalities with regard to access, use, usufruct and distribution of water flowing through their lands, constitute internal management practices for the exercise of collective rights in relation to the hydrological cycle.

differences that may arise between communes, communities, peoples or nationalities and persons not belonging to those, within their territorial scope, with respect to the ways of accessing, using, using, distributing, managing or managing water within the same basin and which cannot be resolved by agreement between the parties involved will be known and resolved upon request by the Single Water Authority.

CHAPTER VI PREVENTIVE GUARANTEES

Section First Ecological Flow and Water Protection Areas

Article 76.-Flow ecological. For the purposes of this Law, ecological flow is the amount of water, expressed in terms of magnitude, duration, time and frequency of the specific flow and the quality of water expressed in terms of range, frequency and duration of the concentration of parameters that are required to maintain an adequate level of health in the ecosystem.

The Single Water Authority in coordination with the National Environmental Authority will regulate the criteria, parameters and methodologies for the determination of the ecological flow according to the conditions and characteristics of the water. the bodies of water, which shall be considered within the national water plan.

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Any resolution of the Single Water Authority granting authorization for use or productive use of water shall be establish and consider the ecological flow rate that was determined for this, in accordance with the criteria of national water planning.

Article 77.-Limitations and responsibilities. The ecological flow of permanent courses water in all water catchment areas is intangible.

It is the responsibility of the Single European Water, from institutions and from all people, whether they are users or not of water, to respect the quantity and quality required to protect aquatic biodiversity and the surrounding ecosystems.

All productive activities will respect the flow of water.

The ecological flow defi nest is not capable of authorization for its use or productive use, except for those uses that do not have as a consequence the affectation in the quality nor in quantity of the ecological flow.

The administrative authority that contravene this provision will be responsible for the environmental damage resulting from the payment of the compensation for damages caused to third parties or the natural patrimony of the State; in addition, it shall be sanctioned in accordance with the Law, without prejudice to the nullity of the authorization granted.

Only in the case of a declaration of a state of emergency, can the use of the ecological flow for human consumption be authorized, until the emergent measures are adopted to guarantee the supply again.

Article 78.-Water protection areas. They are referred to as areas of water protection in territories where there are water sources declared to be of public interest for their maintenance, conservation and protection, which supply human consumption or guarantee food sovereignty, They will be part of the National System of Protected Areas.

The Single Water Authority, after a technical report issued by the National Environmental Authority and in coordination with the Autonomous Decentralized Governments in the field of their powers, establish and delimit the areas of water protection that are necessary for the maintenance and conservation 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 water protection areas, will respect the spiritual uses of peoples and nationalities. The regulation of this

Law will determine the procedure for establishing these areas of water protection, provided that they are not wetlands, forests and protective vegetation.

When the use of soil affects protection and conservation of water resources, the Single Water Authority in coordination with the Autonomous Decentralized Governments and territorial constituencies, will establish and delimit water protection areas, with the aim of preventing and control of water pollution on riverbanks, river beds, lakes, lagoons, reservoirs, estuaries and Freaks.

Section II Prevention and Control Objectives

Water Pollution

Article 79. Water prevention and conservation objectives.- The Single Water Authority, the National Environmental Authority and the Autonomous Decentralized Governments, will work in coordination to meet the following objectives:

a) Ensuring the human right to water for good living or sumak kawsay, the rights recognized to the nature and preservation of all life forms, in a healthy, ecologically balanced and pollution-free environment;

b) Preserve the quantity of water and improve its quality;

c) Control and prevent accumulation on soil and subsoil of toxic substances, wastes, discharges and other elements capable of contaminating the superfi or underground waters;

d) Control activities that may cause degradation of water and water aquatic and terrestrial ecosystems related to it and when they are degraded have their restoration;

e) Prohibit, prevent, control and sanction the pollution of waters by means of solid waste or waste disposal, Liquid and gaseous; organi-cos, inorganic compounds or any other toxic substances they alter water quality or affect human health, fauna, fl and life balance;

f) Ensure comprehensive conservation and care of delimited water sources and the balance of the hydrological cycle; and,

g) Avoid degradation of ecosystems related to the hydrological cycle.

Article 80.-Vertides: prohibitions and control. Se con-sideran as discharges discharges of waste water that are carried out directly or indirectly in the public water domain. Direct or direct dumping of waste water or waste water, waste water, untreated and leachable water liable to pollute the waters of the public water domain is prohibited.

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The National Environmental Authority will exercise control of discharges in coordination with the Single Water Authority and the Autonomous Governments. Decentralized accredited in the unique environmental management system.

It is the responsibility of the autonomous governments of municipalities-the treatment of the water and solid waste water, in order to avoid the contamination of the waters of conformity with the law.

Article 81.-Administrative authorization of discharges. The authorization To carry out downloads it will be included in the environmental permits that are issued for the effect. The parameters of the water quality to be poured and the procedure for granting, suspending and reviewing the authorization, will be regulated by the National Environmental Authority or accredited, in coordination with the Single Water Authority.

Decentralized Autonomous Governments within the scope of their jurisdiction and within their jurisdiction shall issue the administrative discharge authorization provided for in this Law, subject to public policies dictated by the Environmental Authority. National.

Article 82.-Citizen participation and oversight. peoples and nationalities and social groups, they will be able to carry out processes of oversight, observatories and other mechanisms of social control on the quality of the water and the plans and programs of prevention and control of the pollution, of conformity with the Act.

CHAPTER VII

STATE OBLIGATIONS FOR HUMAN RIGHT TO WATER

First Section of Obligations and Progressiveness

Article 83.-Policies in relation to water. State obligation to formulate and generate public policies oriented to:

a) Strengthen the sustainable management of water sources and ecosystems related to the water cycle;

b) Improve infrastructure, water quality, and coverage of water systems for human consumption and irrigation;

c) Establish policies and measures that limit the advancement of the agricultural frontier in water protection areas;

d) Strengthen the participation of communes, communities, peoples and nationalities around water management;

e) Adopt and promote measures with respect to adaptation and mitigation to change climate to protect the population at risk;

f) Encourage and encourage the use and use of water, through the application of appropriate technologies in irrigation systems; and,

g) Promote partnerships Community-level for the improvement of services and the optimization of water systems.

Article 84.-Obligations of co-responsibility. The State at its different levels of government is responsible for users, consumers, communes, communities, peoples and nationalities of the following Obligations:

a) Reduce non-sustainable extraction, diversion or flow of flows;

b) Prevent, reduce and reverse water pollution;

c) Watch and protect declared water reserves optimal quality;

d) Contribute to the analysis and study of water quality and availability;

e) Identifi car and promote technologies to improve use science;

f) Reduce waste of water during its collection, driving and distribution;

g) Adopt measures for the restoration of degraded ecosystems;

h) Support projects for the collection, storage, management and rational, efficient and sustainable use of water resources; and,

i) Develop and encourage training, scientific and scientific research in the field of water.

Article 85.-Progressiveness and universality. The State and its institutions will not be able to adopt policies or measures of a regressive nature that involve a restriction (a) or a fall in the forms and conditions of access to water or a signifi

On the basis of its universal character, the State will promote joint regional water conservation strategies, within the framework of the international conventions of which the The State is a party.

Second Section of Water Uses

Article 86.-Water and its ranking. In accordance with the constitutional provision, the order of precedence between the different destinations or functions of water is:

a) Human consumption;

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b) Riego that guarantees food sovereignty;

c) Ecological flow; and,

d) Productive activities.

Water for irrigation that guarantees food sovereignty includes the animal feed, aquaculture and other activities of domestic food agricultural production; in accordance with the Regulation of this Law.

Article 87.-Types and deadlines of authorizations. The granting, suspension or cancellation of the Authorisations are the competence of the Single Water Authority. The authorities according to the nature of their destination are classified as:

1. Authorizations for water use. It is the administrative act issued by the Single Water Authority through which it attends favourably a request submitted by natural or legal persons, for the use of a water flow, intended for human consumption or irrigation to guarantee food sovereignty, including the animal service and aquaculture production activities in the form and conditions provided for in this Law.

2. Authorizations for the productive use of water. It is the administrative act issued by the Single Water Authority, through which it attends favourably a request submitted by natural or legal persons for the productive use of a water flow for any of the the economic benefits in the form and conditions provided for in this Law.

The authorizations for their duration are classified as:

a) Authorizations for human consumption: the term will be twenty years renewable for periods Successive equals-les. These authorisations may be modified by means of changes in the number of demograph and flow rates;

b) Authorization for irrigation, aquaculture and animal drinking water to ensure food sovereignty: these shall be granted by a period of not more than ten years, renewable for the same period;

c) Specific time limits for production activities not considered in the food sovereignty: these will be granted for up to ten years, renewable for the same or more periods depending on the investment time of the productive activity, This will be included in the National Development Plan. The Single Water Authority may, in accordance with the water and national interest plan, modify the time limits specified in this Article, and,

d) occasional authorizations granted for a period of no more than two non-renewable years, over surplus or remaining resources.

The aforementioned authorizations will be normated in the Regulation to this Law.

Article 88.-Use. Water use is understood to be used in basic activities essential for life, such as human consumption, irrigation, aquaculture and the animal feed for guarantee food sovereignty in the terms established in the Law.

Article 89.-Authorization of use. The use of water according to the definition of the previous article will have the respective authorization granted to In accordance with this Law, its Regulation and Water Planning.

The authorization for the use of water for human consumption and irrigation for food sovereignty, animal and aquaculture water, confi ere to the user of this, in a way exclusive, the capacity for the collection, treatment, conduction and utilization of the flow to which it was authorization.

Article 90.-Conditions for the granting of water use authorizations. Prior to the granting of authorizations for the use of water, the Single Water Authority will verify compliance with the following conditions: conditions:

a) That the order of precedence set forth in the Constitution and this Law be respected;

b) That there be certifid, the availability of water in quality and quantity of sufi cients. With regard to water quality, the Single Water Authority will implement the certification processes in a progressive manner;

c) That the studies and projects of hydraulic infrastructure necessary for its use have been

d) That the public benefit be responsible for the prevention and mitigation of environmental damage that it causes, and that it should contribute to the proper management of the authorized water; and,

e) That water usage is immediate or within a given time limit for the destination to which it was authorized in accordance with the respective technical report.

Article 91.-Recreational and athletic use. Recreational events and aquatic events involving non-consumptive use of water will not require prior authorization of the Unique Water Authority.

Article 92.-Cultural and sacred practices. The Single Water Authority will guarantee the integrity and remain-cia of the places in which communes, communities, peoples and nationalities traditionally practice rites, cultural and sacred water values.

Water jointly with communes, communities, peoples and nationalities

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will perform and maintain duly updated a participatory and comprehensive National Inventory of sacred sites and water rituals.

The administration and conservation of sacred sites in relation to water, shall be carried out by entities or organizations of peoples and nationalities in whose lands or territories are located, with the support of national programs and projects of the public bodies and the decentralised autonomous governments, in accordance with the Constitution and its own rights.

Third Conditions for Use Authorization

Article 93.-Defi nition. The productive use water is constituted by activities such as irrigation for popular and solidarity economy, agro industry, agricultural production or aquaculture production of export or other productive activities such as tourism, generation of hydro-electricity, industrial production; mining and mineral-producing exploitation; hydrocarbons, packaging and marketing of mineral waters, medicinal products, treated, enriched or having certified processes of purification and quality; and other productive activities involving the use of water.

For the productive use of water, it will be necessary to obtain the administrative authorization granted by the Single Water Authority, upon request in accordance with the water plan, the requirements and conditions laid down by the Law.

The use of water for productive activities includes its use in non-conside activities in food sovereignty, according to the law of this Law, when it comes to agricultural or aquaculture production.

In the other productive activities that tap water, the fate of the water is indifferent. production to the internal or external market.

The authorization for the use of water in productive activities confi ere to the holder of this, exclusively, the capacity for the collection, treatment, conduction and use of the The flow rate to which the authorisation was given. The holder shall install the measuring apparatus of the water ujo in the terms that the Single Water Authority is defending.

Article 94.-Order of priority for productive activities. The following order of priority will be applied:

a) Riego for agricultural production, aquaculture and agro-export industry;

b) Tourism activities;

c) Generation of hydroelectricity and hydrothermal energy;

d) Projects strategic and industrial sectors;

e) Balneotherapy, packaging of mineral, medicinal, treated or enriched water; and,

f) Other productive activities.

The order of priority of productive activities may be modified by the Single Water Authority, in consideration of the characteristics of the basin, in the framework of the objectives and guidelines of the national water plan and the National Development Plan.

Article 95. Conditions of the authorization of productive use of water. The authorization for the productive use of water will be subordinate to the following conditions:

a) Respect to the prelation of uses and the priority of the production of water, in the conditions of advertising and competition determined in this Law;

b) Verifi cation of the true existence of water, in quality and quantity of water, on the basis of the certificate of availability. With regard to water quality, the Single Water Authority will implement the certification processes in a progressive manner;

c) Studies and projects of hydraulic infrastructure necessary for the use of water, which are previously approved by the Single Water Authority;

d) That the user be held responsible for the prevention and mitigation of environmental damage that they cause and be required to contribute to the proper management of the authorized water; and,

e) That water usage is immediate, or within a specified time for the target to which it was

The Single Water Authority will develop these conditions in the Regulation of this Law.

Article 96.-Transfer ban. The authorization for the use and use of water is non-transferable, with the exception of succession due to death provided the destination for which the respective authorization was granted is maintained.

In case of transfer of land domain or change of owner of the productive initiative, provided that the destination for which the authorization of water use was granted, the new owner, if the case, must update the authorization complying with the requirements laid down in the Regulation. Granted the authorization, it will be registered in the public water register.

Article 97.-Defi cit hydrochloric. In the event of a decrease in flow rate due to a temporary or permanent shortage, the water will be delivered to the users of the authorizations

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in force, in proportion to the volume available and respecting the order of precedence indicated in this Law, by means of the notification of the Single Water Authority.

CHAPTER VIII EASEMENTS

Article 98.-Types of easement. In the field of water there are two types of easements:

a) Natural.-Those without human intervention cause a predium is benefited from the water passing through or found in another water; and,

b) Forced.-All predium is subject to aqueduct easement and its related, such as collection, construction of works of repression, extraction, conduction, drainage, drainage, path of passage and surveillance, which includes their respective studies technical, lighting, defense of the margins and riverbanks in favor of another one that lacks the necessary water, ordered by the respective authorities.

The Single Water Authority will authorize the occupation of land for the execution of the works to which this article is referred to as well as the modifications of any servitude of In addition,

authorise the occupation of land for the execution of the works and shall include the determination of special slots for the protection of public or Community aqueducts to which it is Article.

The holder of the aqueduct easement and his/her associates shall indemnify the holder of the property according to the damages caused by the establishment of the easement.

The holder of the predium servant does not acquire the right on the works carried out within its premises. It may be used only for domestic use and animal feed as long as it does not destroy them, cause pollution or affect the rights of third parties. Failure to comply with this rule will be subject to the sanctions regulated by the Act.

In case of fractionation of the servant, the necessary easements for the use of water will be maintained.

The easements established in favor of The State institutions in addition to forced, will be preferred.

Article 99.-Right of the owner of the servant. The holder of the predium has the right to have the remediation of the financial resources available to the Single Water Authority ltrations, spills or any other damage caused by construction defects, conservation, operation and preservation.

Article 100.-prohibited activities. The Single Water Authority and the Autonomous Decentralized Governments, in the field of their competencies, will not

authorize agricultural activities or construction and, in general, new works in the side spaces of the aqueduct or drinking water systems pipelines.

The owners of the servants are forbidden to apacentar animals next to the acequia or open aqueducts that cross their land, pour waste or contaminated water into the protection areas Water.

Forest activities in the servant area or in water protection zones are prohibited, when aqueducts are in or embedded.

Article 101.-Use of the waters running through the servant. The holder of the servant predium does not acquire any right or authorization on the waters that run through the servant but may use them only for domestic menesters, without diverting, contaminating or affecting them third parties. Failure to comply with this rule will be sanctioned according to the Law.

Article 102.-Extinction of easements. The easements are extinguished in the following cases:

a) Lack of execution of the works ordered by the competent authority within the time limit set;

b) Lack of an application for more than one year;

c) Compliance with the object for which the easement was authorized;

d) Distinct use of the use authorized; and,

e) By the time limit in case of the temporary easement .

Article 103.-Effects of Extinction. Declared the easement to be extinguished the goods that were affected by it to the property and exclusive use of the servant.

Article 104.-Indemnities. compensation for damages arising from the formation of an easement, shall be dealt with before the civil judge in accordance with the rules laid down in the Law.

The value of the property shall be awarded to the owner or the legitimate holder of the provision for the relevant legal effects.

TITLE IV HARNESSING WATER

CHAPTER I OF UTILIZATION TYPES

PRODUCT

Section First Water Wrapped

Article 105.-Harnessing the water to be packaged. water for human consumption

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is a productive use of processing, treatment of the purification or purification of the water collected from natural or superfi natural sources, carried out by means of certified technical procedures.

The authorisation of use for the use of water for packaging, directly captured from the natural or superfi natural source, will have a differentiated tariff that will be determined by the Single Water Authority, according to the volume of water collected. This authorization granted by the Single Water Authority must be a mandatory requirement to carry out the packaging, production and marketing activities of the product.

This use can be carried out by people natural, legal, public, private, community and mixed, as well as the organizations of the popular and solidarity economy, by themselves or in alliance with the Autonomous Decentralized Governments or the Community systems of management water.

Applications submitted by the Community institutions or the economy popular and solidary, holders of collective rights, for the use of water in their territories or community lands, will have preferential right in the granting of new authorizations.

water from public or community supply systems. By way of derogation, only the National Health Authority and the Municipal Decentralised Autonomous Government may be able to carry out, with the approval of the Single Water Authority, provided that it is ensured that it has undergone the process of treatment, purification or enrichment according to the technical standards. The entity administering the supply system will establish a differentiated rate according to the volume of water processed.

Section Second Energy and Industrial Use of Water

Article 106.-Principles and the context of respect for the order of precedence that is regulated in this Law, the Single Water Authority will grant authorizations for the production of water for the generation of electricity, preferably for those projects of national priority which are

Article 107.-Industrial use.

Article 107.-Industrial use.

Use water from water sources, request the authorization of productive use to the Single Water Authority.

Industries that capture the water of drinking water supply networks for use

productive, will obtain from the decentralized autonomous government the authorization for the connection that must be registered with the Single Water Authority.

Persons who are engaged in the extraction of salt of the sea water for commercial purposes, must obtain from the Single Water Authority the respective authorization of use

Water production, once used, will be discharged by the user, prior to their treatment, complying with the technical parameters that the user will dictate. National Environmental Authority.

Section Third Aquaculture

Article 108.- Use of water in aquaculture. People who are engaged in any fish or aquaculture activity, which is not considered to be included in food sovereignty in the terms regulated in this Law, must obtain the necessary permits from the public authority for the exercise of their activity, who prior to granting them shall require the Single Water Authority to report on the productive use of water, which will cause the payment of the rates set out in this Law, when it is consumptive.

Article 109.-Prohibition. They will not be granted Production of water in mangla-res. They will only be able to obtain and renew such authorization and with aquaculture activity, who will comply with the regularization process established in the Regulation.

Section 4 Harnessing Water in Mining

Article 110.-Authorization of use. The mining activities must have the authorization of productive use of the waters used, which will be granted by the Single Water Authority, in accordance with the procedures and requirements set out in this Law and its Regulation, for which it will be respected strictly the order of precedence established by the Constitution, that is, human consumption, irrigation that guarantees food sovereignty, ecological flow and productive activities. In effect, it will coordinate with the National Environmental Authority.

Any activity that can affect the quality and quantity of water, and the balance of ecosystems, especially in water sources and recharging zones, will be regulated.

The sustainability of ecosystems and human consumption will be a priority in water use and use.

The authorisation of water use for human consumption in camps should also be obtained.

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Article 111.-Protection from water sources. The Single Water Self and the National Environmental Authority will issue regulations. necessary to ensure the con-servation and the balance of the ecosystems, especially the sources and water recharge zones.

The National Environmental Authority will coordinate with the Single Water Authority, monitoring the management system environmental license provided by the respective environmental license.

Article 112.-Water development. Water intended for mining activities shall be returned to the original channel from which it was taken or to be more appropriate, with the obligation of the user to treat it prior to discharge and discharge, according to the which establishes the environmental permit and the Law, which will guarantee safe conditions that do not affect the freshwater aquifers in the subsoil, sources of water for human consumption, irrigation, or water supply.

Section 5 Water in Water Activities

Article 113.-Authorization. The productive use of water in water-related activities in the national territory, will require the authorization of the Single Water Authority, respecting the order of constitutional priority, in accordance with the provisions of the Law and its Rules of Procedure.

The authorization of use of water for human consumption in camps should also be obtained.

Article 114.-Water development. For the disposal of liquid waste by means of injection it will be counted previously with the respective environmental permit, which will guarantee safe conditions that will not affect freshwater aquifers in the subsoil, water sources for human consumption, irrigation, and water supply.

Section Sixth Tourism and Thermal Use

Article 115.-Use of water tourism. The water used in permanent recreational activities, must have the authorization of productive use granted by the Single Water Authority, in accordance with the requirements, conditions and procedures established in this Law and its Rules of Procedure. To this effect, the Single Water Authority will coordinate with the National Tourism Authority.

Article 116.-Thermal waters. The hot springs can be used productively by natural, legal, public, private people, mixed or the popular and solidary economy; communes, communities, peoples and nationalities.

Applications submitted by community entities or the popular and solidarity economy, holders of

collective rights, for use of water in their territories or Community land, they will have preferential right in the grant of new authorizations.

The National Environmental Authority will exercise control of discharges in coordination with the Single Water Authority and the Decentralized Autonomous Governments accredited in the single management system.

CHAPTER II USE AND UTILIZATION OF WATER

UNDERGROUND AND AQUIFERS

Article 117.-Use and Use. For the exploration and afl of groundwater, the respective water must be counted. license granted by the Single Water Authority. If they are found, authorization for their use or productive use will be required subject to the following requirements:

a) That their delivery does not impair the conditions of the aquifer or the quality of the water or the area superfi cial understood in the inset radius of the well or gallery; and,

b) That it does not produce interference with other wells, galleries or water sources and in general, with other pre-existing afl sentences.

For the purpose, the The Single Water Authority will require those who request their use or use, the presentation of the studies

Article 118.

Corresponsibility for the conservation of groundwater. Community systems, drinking water boards, irrigation boards and water users are co-responsible with the State in the protection, conservation and management of groundwater.

Article 119.-Exploration licenses and lighting. Licenses for the exploration and delivery of groundwater may be granted on third-party land provided that the destination is used to meet the needs of human consumption and irrigation for food sovereignty. Owners will be given priority to obtain authorization for the use or use of the surplus.

Authorizations for use or use of groundwater for the use of groundwater, depending on the water quality of the aquifer and its replacement speed, in accordance with the provisions of the Regulation of this Law.

Article 120.-Inspection of the holdings. The Single Water Authority shall inspect the groundwater holdings for the purpose of the compliance with the guidelines and conditions set out in the relevant guidelines authorization.

At any time this authority, will have available, from or at the request of part, the modifications of the

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methods, systems, delivery facilities, or sustainable use of groundwater that do not conform to the parameters

Article 121.-Obligation of information.

or legal persons, who during their productive activities are drilling the soil and lighting groundwater, will be obliged to notify immediate way to the Single Water Authority and to provide the location, studies and data Article 122.-Other forms of use. The authorization of productive use for other destinations will be the same and apply the precautionary and preventive measures that dictate such authority.

Article 122. granted by the Single Water Authority, on the basis of the technical studies established in the Law and other applicable regulations.

CHAPTER III NORMAS OF PROCEDURE

FOR THE USE OF WATER AND CONFLICT RESOLUTION

First Administrative Procedure Section for Regular

the Use or Use of Water

Article 123.-Determination of jurisdiction. The Single Water Authority exercises national jurisdiction in the field of water resources and by delegation the administrative authority in the jurisdiction

The Single Water Authority at its de-concentrated levels will exercise the administrative competence to know, process and resolve, in the first instance, the requests that for the granting of authorizations of use or use of the water is presented as well as to order its registration, mediation and resolution of confl ictos, without prejudice to collective rights.

Article 124.-Rules of the administrative procedure-vo. The administrative procedure provided for in this Chapter shall be subject to the rules laid down in this Law and in the Statute of the Administrative Legal Regime of the Executive Function.

Article. 125.-From the initial request. Applications for authorizations for use or use of water or the constitution of easements shall be made before the Single Water Authority which shall inform the council of the basin.

The Authority The only one of the Califi Water will accept the processing of the application based on the water balance of the basin, within the legal terms; it will issue the respective resolution that grants or denies the requested authorization, the same one that will be registered in the public water register and published on the official website of the Single Water Authority. The notification, opposition, test, expertise, technical report required shall be regulated in the Regulation of this Law.

The Single Water Authority shall issue its duly reasoned statement, within a maximum period of three months from the date of the notification. the date of receipt of the application for use and of an additional three months in case of objections or opposition and three months from the delivery of the projects. In case of applications for use, the breach will be sanctioned in accordance with the Law.

Article 126.-From the principles of advertising and competition. For the procedure for granting authorizations for the use and production of water, the principles of advertising and competition will apply according to the following actions:

a) When a request is made Water authorization shall be made public and disseminated so that users and persons interested in the use of the waters to which the application is made may submit their opposition, requests, accessions or alternative projects;

b) When multiple requests have been submitted within the given time limit, the Authority The only one of the Water, it will decide between them applying the order of precedence established in this Law and taking into account as a previous point, the inexistence of the water cit. Where applications were referred to at the same level in the order of precedence, it shall be decided on the basis of the best social, economic or environmental usefulness of each application, the decision being expressly motivated;

c) Where only the applications are submitted a request shall be decided on the basis of the existence, or not, of the water supply, in the place where the collection and use must take place; and,

d) When there is a water-based defi cit it may be cancelled or authorisation in favour of an applicant for a use which is lower in the order of precedence If this is so requested and the Single Water Authority considers it in accordance with this Law, its Regulation and the Water Plan. The costs of the compensation to whom the authorization is cancelled or modified shall be borne by the benefi of the administrative act.

The regulation in this article will be developed in the Regulation to this Law.

Article 127.- Renewal and modification. The renewal and modification of authorizations for productive use of water will be carried out in the following terms:

The authorizations for productive use of water may be renewed at maturity, provided that where the requirements laid down in the Regulation have been met, the obligations laid down in this Law and the conditions laid down in the respective authorisation.

When a user requires increasing or decreasing the authorised flow rate for the same use and use, as appropriate

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the modification of the authorization, as long as the availability of the water is available and the prelation established in the Constitution.

Article 128.-Causals for the reversal, suspension or modification of an authorization. The Single Water Authority reverse, suspend or modify the face of the purpose of the authorization for the use and use of water, when it establishes that the holder has incurred one of the following causes:

a) Suspension of the water authorization:

1.-Failure to comply with the deadline provided for in the Law or in the technical study and approved project, for the start of the use or use of water or the construction of the hydraulic infrastructure; and,

2. the environmental licence. The suspension shall be maintained for the period of time that the authority to remedy the failure to comply.

b) Reversion of the authorization:

1.-For non-compliance with the conditions set out in the authorization;

2.-By lack of use, total or partial of the flow rates granted in the authorization; and,

3.-By revoking the environmental license.

In cases where the proven decrease in flow rates is evident, the Authority Only Water will proceed, if necessary, to modify the authorization.

The procedure The administrative authority establishes the call for a preliminary hearing of the holder of the authorization, in accordance with the provisions of this Law.

Article 129.-Hoarding of water. It is the provision or retention, by any means, of a flow or flow of water for use and productive use in larger quantities than necessary, which harms third parties.

The Single Water Authority, based on a technical study to guarantee the efficiency of the use and management, will determine in each case the existence or not of hoarding.

In case of water hoarding for use and use, the Single Water Authority, of the office or at the request of party, will resolve the cancellation of the authorizations in a given jurisdiction. It will proceed to reallocate the water before authorized, as provided in this Law.

Article 130.-Redistribution and reallocation of water. The authority will proceed to reallocation of the flows

attention to the guarantee of the human right to water, the irrigation of food sovereignty and to the effect of socially equitable access to the use and productive use of water. The reallocation shall be made by administrative act, on the basis of technical, scientific, social, economic, environmental and of the respective basin council criteria.

The Single Water Authority, either at the request of a party, or at the request of a party, also proceed to the reallocation of the water obtained without authorization or in case of non-compliance with the conditions of the authorization.

The irrigation water authorizations, which guarantee the food sovereignty, granted to systems Community, holders of collective rights, may only be suspended temporarily until they are

Single Water Authority will proceed to the reallocation of water with the application of the principles of competition and advertising, based on the order of precedence and the rights of rights collectives in favor of their holders, in accordance with the Constitution and the Law.

Article 131.-Control of the authorizations. The authorizations for use and use of water, granted by the Single Water Authority will be controlled by the Regulatory and Control Agency.

Article 132.-Construction of infrastructure for the production of water. The holder of an authorization of use and use of water for productive activities, will be obliged to construct the works of collection, conduction, exploitation, measurement and control so that only the authorised water flow can be used, without being modified, or destroyed when the time limit for the authorisation is completed. Hydraulic works that comply with technical specifications and designs shall be approved by the Single Water Authority within sixty days.

The holder of an authorisation for use and use of water that does not use the flow rate authorized, must notify the Single Water Authority to proceed with the cancellation of the same; otherwise, it will be sanctioned in accordance with the provisions of this Law.

Section Second Resolution of Confl ictos

Article 133.-Conflict resolution. The conflicts and disputes between holders of the authorizations may be dealt with and resolved in an administrative dependency specialized in alternative dispute resolution.

Article 134.-Mediation and arbitration. The holders of authorizations for the use or use of water, in accordance with the provisions of the law governing the systems of arbitration and mediation, without prejudice to the application of the administrative seat, may submit their controversies

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to mediation or arbitration processes in legally established centers in the jurisdiction in which the water is located.

Direct agreements and arbitration awards that resolve disputes must be notified by the courts corresponding to the Single Water Authority for registration in the public water register.

to subsist the differences after having exhausted the administrative procedures and alternative mechanisms of Confl solution ictos, the parts in confl icto will be submitted to the court.

CHAPTER IV ECONOMIC SYSTEM

Section First Rates

Article 135.-General criteria for water rates. The fee is understood to be the fee that a user must pay for the provision of services and authorization for uses and use of water.

For the purposes of protection, conservation of the basins and financing of the costs of the related services, will be established the corresponding rates, according to the principles of this Law, the criteria and technical parameters outlined in the Regulation.

The rates for authorization of use and use of the water will be regulated and the Water Authority.

The rates for the provision of water services drinking, sanitation, irrigation and drainage will be established by both public and community providers respectively, on the basis of regulations issued by the Single Water Authority through the Regulatory and Control Agency.

Article 136.-General principles for the financing of water tariffs. the principles of solidarity, equity, solidarity, and the use of water, sanitation and water services, and water resources, should be considered in the establishment of tariffs for the use and use of water, as well as for the services of drinking water, sanitation and water and drainage services. sustainability and periodicity.

Article 137. Tariff component for water conservation. The Single Water Authority, as part of the tariffs for authorization of use and use of water, will provide a component for conservation of the public water domain with priority in water sources and recharging zones.

Decentralized Autonomous Governments in the field of their competencies will establish components in the rates of public services linked to water to finance the conservation of the public water domain with priority in water recharge sources and zones.

Article 138.-Tarifa for authorization use and use of raw water. The fees for authorization of use and use of raw water shall be based on the following criteria:

a) Application to all uses and use of water;

b) Differentiation according to the volume and type of use or using water, considering the criteria that will be set for them in the Regulation;

c) Periodic review; and,

d) Contribution to the operation and maintenance of multipurpose works.

rates will be approved by the Single Water Authority according to the technical studies determined for the purpose, in application of the provisions of this Law and in the Regulation.

Article 139.-Tarifa for basic public services. They will be understood as basic public services for the supply of drinking water, sanitation, irrigation and drainage.

It is the responsibility of the competition to pay the fees to the public service providers of such services or to the Community entities which legitimately lend them on the basis of the regulations of the Single Authority.

The setting of rates will meet the following criteria:

a) Inclusion in proportion to what the service holder must pay to the Single Water Authority for the supply of raw water; and,

b) Inclusion in proportion to the cost of recruitment, handling, driving, driving, operation, treatment, administration, asset depreciation, amortization, distribution, environmental sanitation and new water supply investments.

In any case, the services rates will be different and will consider the socioeconomic situation of the per-sonas with lower income and status of Consumers ' disability.

Section 2 Fees for Use

Article 140.-Fee for raw water supply for human and domestic consumption. Delivery of the minimum vital quantity of raw water established by The Single Water Authority for the provision of drinking water services shall not be subject to any fee.

When the volume to be delivered to the service providers exceeds the specified minimum amount of life, the charge shall be applied which corresponds, in accordance with the provisions of this Law and its Rules of Procedure.

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Article 141.-Fee for water use authorization for irrigation to ensure food sovereignty. The criteria for the water flow rate of water for irrigation that guarantees food sovereignty are as follows:

a) Volume used;

b) Quantity of cultivated land and type of soil; and,

c) Contribution to the conservation of the water resource.

Except for the payment of this fee are the Community systems carrying collective rights and the Community service providers who receive less than Five litres per second and which are linked to production for food sovereignty.

Third Rates for Productive Use

Article 142.-Rates for productive use of water. The production rates will consider the following criteria:

a) Volume used;

b) Efi science of use;

c) Contribution to water resource conservation; and,

d) Job generation.

Article 143.-Water utilization rate in electrical generation. The productive use for the generation of electricity and the use of hydrothermal energy will have a tariff that will be established by the Single Water Authority, on the basis of regulations issued by the Agency for Water Regulation and Control.

Article 144.-Tarifa for productive use for the popular and solidarity economy. The Single Water Authority, on the basis of regulations issued by the Regulatory and Control Agency, will pay the fare for the popular and solidarity economy in the capacity and productivity of the authorized.

Article 145.-The authorization of discharges generate the annual payment of a fee, which will be paid on the basis of technical criteria established by the National Environmental Authority, which will be in charge of the control and its collection.

Article 146.-Hydraulic infrastructure for the use of investments that are required for the construction of hydraulic or civil infrastructure for a certain productive use of water, will be carried out directly by the person concerned.

In the national interest, the State may also participate as an investor, in accordance with the priorities established in the National Development Plan.

Article 147.-Coactive jurisdiction. The Single Water Authority, the National Environmental Authority and the public service providers shall exercise the co-active jurisdiction for the charging of fees and other outstanding concepts and obligations, established in this Law and in your Rules of Procedure.

TITLE V VIOLATIONS, SANCTIONS AND

RESPONSIBILITIES

CHAPTER I VIOLATIONS

Article. 148.-Procedure. The processing of the administrative process for the knowledge and punishment of the administrative violations established in this Law is governed by the rules of this Chapter.

Article. 149.-Jurisdiction. The knowledge and sanction of infringements of the provisions of this Law or its Regulation, provided that the act does not constitute a crime or a violation, are the responsibility of the Single Water Authority and the Agency Regulation and Control, in the form established in this Law and in its Rules of Procedure. In those infringements which, in accordance with this Law, are to be determined by the National Environmental Authority or the National Health Authority, its resolution shall be required in the common administrative procedure before it is issued. sanction by the Single Water Authority or the Regulatory and Control Agency, as appropriate.

Article 150.-Clasification of infractions. The administrative referred to in this Law are classified as minor, serious and very serious.

Article 151.-Administrative infractions in the field of water resources. The administrative violations of water resources are as follows:

a) Minor infractions:

1. Cause third-party land and public roads to be waterlogged, when the responsibility is for the user; and,

2. Put obstacles in the bottom of the channels or other devices to raise the water level.

b) Serious infractions:

1. Modify the environment of the water sources with which human consumption or irrigation is provided;

2. When people who do not belong to the community prevent the application of the right

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itself in the field of access and distribution of water for human consumption or irrigation in the territories of communes, peoples and nationalities; and,

3. Do not pay annually the volumetric rate that establishes the authority for water use and use.

c) Very serious infractions:

1. Perform collection, driving, distribution, and distribution works, without the respective authorization;

2. Alter or modify the public water domain, without having the corresponding authority;

3. Modify soil and soil conditions in the water protection zones and areas, without corresponding authorization;

4. Access and capture individually or collectively, without legal authorization, water for any use or use;

5. Breach technical standards that contravene the use and use of water resources;

6. Modify the riverbanks and beds of the courses and water bodies, without having the authority of the competent authority;

7. Clogging the natural ujo of the waters or modify its course without authorization of the Single Water Authority;

8. Breach technical standards adopted by the Single Water Authority to ensure water security;

9. Pour contaminated water without treatment or pollutants into the public water domain;

10. Accumulate solid waste, debris, heavy metals or substances that can contaminate the public water, soil, or environmental domain, without observing technical prescriptions;

11. Obstructing water conduction lines for irrigation and flood control; breaking, altering, or destroying aqueducts and sewerage;

12. Sell or transfer ownership of the authorizations for water use and use; and,

13. Fraudulently use the organizational forms of the community water management systems to cover up their privatization.

Article 152.-Reoffending and aggravating. The recidivism is the reiteration of the an infringement of the same class by a single person within a period of one year from the date of the first. Recidivism will be considered as aggravating by the Single Water Authority at the time of the imposition of the sanction.

Article 153.-Procedure for sanctioning of administrative violations. The initiation of the procedure (a) sanctioning of the administrative offences referred to in this Title, proceeds by denunciation of any person exercising their rights or of office by decision of the Single Water Authority.

Article 154.- due process. In all cases, due process will be met, so that ensure the exercise of legitimate defense through the execution of administrative acts that ensure the summons and knowledge of the complaint; provide evidence, research, expertise, legal assessment, technical and reasoned resolution; others, in accordance with the Law and the Regulations.

Article 155.-Preventive measures. The Single Water Authority may adopt preventive measures in relation to the fact that gave rise to the administrative sanctioning procedure, which will be determined in the Regulations to this Law.

Article. 156.-Unserved complaints. In case of complaints for violations of this Law that are not addressed by the Single Water Authority in the term provided for in the Regulation, the responsible official shall be punished in accordance with the Law.

Article 157.-Resolution. The resolution of the administrative file shall be dictated by the authority in charge of the administrative file and shall be duly substantiated.

This resolution may be filed in the administrative field with the Authority Water only, the resources laid down in the Statute of the Administrative Legal Regime The Executive Function.

The Single Water Authority will have the registration of the sanction resolution in the public water register and its compliance will be mandatory.

Article 158.-Completion of the procedure. Pondran In the administrative procedure sanctioning the resolution, the withdrawal, the declaration of abandonment.

Article.-159. Legal responsibility. To more than the administrative penalty, the Single Water Authority has the obligation to present the corresponding civil action to obtain the payment of damages from the person responsible; also, place, submit the complaint to the Prosecutor's Office, in order to initiate the actions that are in the case.

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CHAPTER II SANTIONS

Article. 160.-Sanctions. The violations determined in this Law will be sanctioned by:

a) Multa;

b) Suspension of the water usage and use authorization; and,

c) Cancellation of the authorization of use and productive use of water.

In case of concurrency of violations, the punishment corresponding to the most serious of the committed will be applied.

In case of infractions whose knowledge also corresponds to The National Environmental Authority will coordinate the sanction procedure.

Article 161.-Remediation.

Article 161.-Remediation. In the resolution sanctioning- (a) it shall also provide for the remediation to which it takes place; in the event of non-compliance, the Single Water Authority shall undertake the remediation and shall repeat the total value of up to 20% of the total value of the infringer, without prejudice to the

Article 162.

Multas. In the corresponding sanction resolution, the Single Water Authority will apply a fine according to the following scale:

a) In case of minor infractions a fine of between one to ten basic salaries will be applied In the case of serious infringements, a fine of between eleven and fifty one-year basic wages of the worker in general will

applied

,

c) In case of very serious infringements it will be applied a fine of between 50 and one to one hundred and fifty basic wages of the worker in

Article 163.-Liability in cases of inactivity or expiration. The inactivity or expiration of an authorization to use and use the water, does not exempt the holder from the responsibilities arising from the public water domain involvement.

GENERAL PROVISIONS

FIRST.- It is for the provincial decentralized autonomous governments to plan, build, operate and maintain irrigation and drainage systems in application

of national policies and planning guidelines, and technical parameters defended by the Single Water Authority.

The public irrigation service also includes the activities of agricultural drainage.

SECOND.- The Single Water Authority will issue the regulations establishing the technical parameters for the assessment and determination of the violations, penalties and fines prescribed in this Law.

THIRD.- The State, at all levels of government, will allocate in its annual budget the financial resources necessary for the recovery and restoration of river basins and infrastructure which ensure the preservation and conservation of water quality and supply, especially for community systems and irrigation boards, within the public-community alliance established in the Constitution.

TRANSITIONAL provisions

FIRST.- For the fulfilment of the prescribed in the transitional twenty-seventh provision of the Constitution and subject to the provisions of this Law, the Single Water Authority, within a period of up to three hundred and sixty days, from the promulgation of this Law in the Ofi Registry, will proceed to review the concessions for rights of use and exploitation of water in the basins, granted under the previous Law, with the purpose of identifying the cases of hoarding, concentration or accumulation of water concessions for irrigation and will dictate the resolution of affectation of the marked concessions and will have their marginalization in the corresponding inscription in the public register of the water.

The Single Water Authority within the period of up to one hundred and eighty days, counted from the fi The time limit provided for in the previous subparagraph shall be opened and the corresponding individual files for the cancellation, modification or expiry of the authorisations or concessions previously declared affected by the review, following the procedure and the time limits laid down in this Law and in its Regulation.

SECOND.- The concessions and authorizations of the right of use and use of water, granted before the validity of this Law and registered in the public water register, will be replaced in accordance with the provisions of the This provision for authorisations for the use and use of water within a year extended for one more year from the publication of this Law in the Ofi cial Register.

For substitution the cancellation of the fees due is required. To this effect, the Single Water Authority will issue the certification of the debt to be liquidated.

The indicated time limit will be concluded, the rights of water concession will expire.

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The replacement of concessions with water use and use authorizations does not exclude or limit the power of the Single Authority of the Water for review.

THIRD.- They may be regularised exceptionally, within a maximum period of one year extendable for one more year, from the enactment of this Law in the Ofi cial Register, the uses or informal use of water that occurred before the validity of this Law, in accordance with the regulation that for this purpose issue the Single Water Authority.

For this the informal user must submit their application for regularisation within ninety days of the enactment of this Law in the Ofi cial Register.

The application must to be certified as proof of the cancellation of the values established by the Single Water Authority, corresponding to these uses and informal use of water.

The regularization will be obtained by means of a reasoned resolution issued by the Single Water Authority, which shall have the prior report to ensure that such authorisation use or use does not affect other uses of water that have a higher priority or generate for their relationship with other authorizations requested or granted, a situation of hoarding.

In case of dismissal of the request of regularisation, the Single Water Authority will proceed to initiate the corresponding sanctioning administrative file.

FOURTH.- Within up to two years from the vi-gency of this Law, the Single Water Authority, in Coor- dination with the Autonomous Decentralised Governments, users and user organisations The invention relates to a national, superfi-water-based inventa-river, and in a period of up to five years, the groundwater by water catchment areas, with progress reports of 20% per year, which will include the situation of the sources and the user registry.

QUINTA.- The competent decentralized autonomous governments, in the field of water supply and sanitation, will implement adequate systems for the supply of drinking water, so that, within the timeframe provided for in the National Plan of Development of Good Living and the strategy of eradicating poverty and inequality fully guaranteed the total access of the population to the drinking water. Similarly, they will proceed in accordance with the goals, objectives and deadlines provided for in the national development plan and the national water resources plan for the planning, implementation and construction of the sewage and sewage systems. infrastructure for the treatment of waste water and urban waste, so as to cover the needs of sanitation of the population and treat all the waters served.

The Autonomous Decentralized Governments will establish in coordination with the Single Water Authority a programming of works and the financing

SIXTH.- Applications in progress for the granting of authorisations for use or use of water will continue to be processed in accordance with the rules of procedure in force at the time of the petition's entry. In all other matters, this is, with respect to the information required, the conditions and obligations to be assumed by the holders of an authorization, will be provided for in this Law.

Within one hundred and eighty days from the date of the the date of validity of this Law, the Single Water Authority, shall decide on the administrative processes that correspond to its jurisdiction and that have not been driven for more than eighteen months, which shall be counted from the last due diligence practiced or since the last request made by any of the parties.

The Single Authority of the Water will declare the abandonment of the administrative processes that exceed that period and will solve its file.

SEVENTH.- All concessions of the right of use of water, destined for use and use of water, granted to The term "indefi nido" or for the useful life of the company, will be cancelled by the Single Water Authority. Without prejudice to the submission of a new application for authorisation subject to the requirements set out in this Law, the same shall be filed within a period not longer than thirty days, which shall be counted from the date of cancellation.

During the processing time of the new application, the users of the authorization may continue to use the authorized flow rate, temporarily, until the Single Water Authority resolves in a period of not more than one hundred and eighty days.

EIGHTH.- Within a period of one hundred and eighty days, as of the duration of this Law, the The Single Water Authority, in the absence of the legal title on the land or the absence of an agreement with the owners by the users of a concession for the use of thermal waters on Community lands, will proceed from party request, to cancel such concession.

NINTH.- As a guarantee of the order of precedence provided for in the Constitution, the Single Water Authority within two years, from the entry into force of the Law and without prejudice to its Further extension or modification, in coordination with the National Environmental Authority, proce-dera delimit zones and areas of water protection and restriction zones, from which public or community water systems for human consumption or irrigation are supplied, that guarantee food sovereignty.

In this delimitation it will be attended to the criteria set out in the Law and its respective Regulations.

DECIMAL.- Within two years of the validity of this Law, the Single Water Authority shall identify and define by resolution motivated,

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lands where natural sources, recharging zones, water protection areas affected by use or exploitation are located, in the terms of this Law 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 drinking water management boards and sewage and irrigation joints to assess their technical and financial performance and the performance of the services provided to their members. This information will serve to strengthen the drinking water and irrigation boards and the services they provide through the public-private partnerships.

REPEAL provisions

The following provisions are expressly repealed:

FIRST.- The Legislative Decree of Creation of the Economic Reconvention Center of Azuay, Canar and Morona Santiago, published in the Ofi cial Register No. 698 of 23 December 1958;

SECOND.- The Law of Creation of the Ecuadorian Institute of Health Works (IEOS), published in the Ofi cial Register No. 430 of 04 February 1965;

THIRD.- The Law of Creation of the Commission of Studies for the Development of the Basin of the Guayas River (CEDEGE), published in the Ofi cial Register No. 645 of 13 December 1965;

FOURTH.- The Law of Creation of the Ecuadorian Institute of Water Resources (INERHI), published in the Ofi cial Register No. 158 of 11 of November 1966;

QUINTA.- The Drinking Water and Sewerage Administrative Boards Act, published in the Ofi cial Register No. 802 of March 29, 1979;

SIXTH.- The Law of Creation of the Commission of Development for Chone, Flavio Alfaro, El Carmen, Pedernales and Sucre (CEDEM), published in the Ofi Register cial No. 553 of 11 April 2002;

SEVENTH.- The Manabi Water Development Act,

published in the Ofi cial Register No. 728 of 19 December 2002;

EIGHTH.-Unifi text of the Legislation Secondary of the Commission of Studies for the Development of the Guayas River Basin (CEDEGE) R.O. No. 10 of January 29, 2003;

NINTH.-The Codification of the Water Act, published in the Ofi cial Register No. 339 of May 20, 2003. 2004 and its General Application Regulation;

DECIMAL.- The Law of Creation of the Management Board Waters of the Cuenca del Paute, published in the Ofi cial Register No. 141 of 9 November 2005;

TENTH FIRST.- The Law Reform to Law No. 075 of Creation of the Empresa de Agua Potable y Sewerage de Manta, published In the Ofi cial Register No. 594 of 21 December 1994;

TENTH SECOND.- The Law of Creation of the Empresale of Drinking Water and Sewerage EMAPA "Regional la Estancilla", Law No. 2000-27, published in the Supplement to the Register Official No. 190 of October 24, 2000;

TENTH THIRD.- Title XIII of the Book Second of the Union's Unifi Code of Secondary Legislation of the Ministry of Agriculture, Livestock, Aquaculture and Fisheries promulgated by Executive Decree 3609 and published in Supplement 01 to the Ofi cial Register of 20 March 2003; including its last modify cation of 24 August 2010; and,

Other rules of equal or lesser hierarchy that are opposed to this Law.

FINAL DISPOSITION

This Act shall enter into force from the date of its enactment in the Official Registration.

Given and subscribed, at the headquarters of the National Assembly located in the District Metropolitan of Quito, Pichincha Province, at thirty-one day of July of two thousand fourteen.

f.) GABRIELA RIVADENEIRA BURBANO, President.

f.) DRA. LIBYA RIVAS ORDONEZ, General Secretariat.