Key Benefits:
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DECREE NO 153
THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR,
CONSIDERING
I.-That the considerable increase of the national population, in contrast to a limited endowment of resources soil and water, imposes the Government of the Republic, on the basis of the provisions of Articles 2, 135, 136, 137, 138, 147 and 220 of the Political Constitution, the unpostponed measure of increasing agricultural production through the use of such resources for economic and social development;
II. appropriate legislation in the area of Riego and Avenement, for the orderly, rational and optimal use of water and the progressive development of national agriculture and animal husbandry;
III.-That the State must execute the works and works which, for its magnitude, it cannot carry out the private initiative and allow the development of irrigation, avenation, river basin management, flood control, all for the benefit of the wider sectors of the national economy.
FOR TANTO,
in use of its constitutional powers and on the initiative of the President of the Republic, through the Ministry of Agriculture and Livestock, and hear the opinion of the Supreme Court of Justice,
DECRETA the following:
IRRIGATION AND AVENUE LAW
CHAPTER I FUNDAMENTAL provisions
Art. 1. This Law is intended to increase agricultural production and productivity through the rational use of soil and water resources, as well as the extension of the benefits derived from such an increase, to the greatest possible number of
the achievement of this purpose, this Law regulates the conservation, exploitation and distribution of the water resources of the national territory, for irrigation and compromise purposes, and the construction, conservation and administration of the relevant works and works. Consequently, the construction of the works and the work of flood control, the irrigation, the irrigation, the desiccation of swamps and the waterlogged lands are therefore subject to its provisions. It also regulates the construction, conservation, and administration of the works and works necessary to ensure the stability of watersheds and hydrographic hoyas and their springs, as well as the proper handling of soils and the conservation of in the Irrigation and Avening Districts, and the provision of the technical services which the execution of such works and works require.
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Art. 2. For the purposes of this Law, the works and works carried out by the State, intended for irrigation, for the purposes of the agreement, to the order of watersheds and hydrographic hoyas, to the control of floods, to the desiccation of swamps and anegadish lands; the same as works and works for rehabilitation, conservation or defense of the soils in the Districts of Riego and Avenement, and the maintenance of the aforementioned works.
Art. 3.-Water resources are national assets.
For the purposes of this Law, water resources shall be understood as surface and underground water, whether current or stopped, including the corresponding alvees or channels.
Water is excepted in artificial reservoirs built by private individuals.
Art. 4.-The Executive Branch in the Agriculture and Livestock, Economy, Public Works, and Public Health and Social Assistance Ramos will assign priorities in the use of water resources. Conflicts that arise on the basis of such priorities or uses shall be resolved in the Council of Ministers.
THE USE OF WATER FOR HUMAN CONSUMPTION SHALL PREVAIL OVER ANY OTHER. IF IT IS NECESSARY TO ESTABLISH SERVITUDE OF ANY KIND FOR ITS USE, IT IS CONSTITUTED BY THE MINISTRY OF LAW, WITHOUT PREJUDICE TO THE COMPENSATION THAT THE OWNERS OR HOLDERS OF THE SERVANTS, TO THE RIGHT OF APPROPRIATE.
THE COMPENSATION MAY NOT BE PRIOR TO AND WILL BE PAID BY THE PERSONS CONCERNED OR THE ADMINISTRATION OF AQUEDUCTS AND SEWERS, IF IT WERE THE PROJECTS OF THE LATTER.
THE GENERAL REGULATION OF THE IRRIGATION AND AVENUE LAW WILL DETERMINE THE OTHER RULES GOVERNING THESE EASEMENTS. (2)
Art. 5.-The same authorities referred to in the preceding Article may declare the use of the water resources of a basin or a hydrographic basin or part thereof to be exhausted when any of the Ministers referred to in that provision considers that they have been used at their maximum capacity. Declared exhaustion, no further concessions or permits for use will be granted.
CHAPTER II OF THE COMPETENT AUTHORITY AND ITS PRIVILEGES.
Art. 6.-The Ministry of Agriculture and Livestock is the competent authority for the purposes of this Law, and will have the following powers:
a) Prepare and perform, in agreement with the National Council for Economic Planning and Coordination, the studies, research, projects, plans and programmes for the use of water resources for agricultural purposes;
b) Manage the technical assistance and cooperation necessary for the execution of the works and works referred to in the next article, as well as the financing that he deems appropriate for the works that They are of a public nature;
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c) To celebrate the contracts of services, works and works that it deems necessary for the performance of studies, research, projects, plans and programs aimed at the exploitation of water resources for agricultural purposes;
d) Maintain and operate the water hydrometric service
e) to monitor and prevent the construction of works and to do works without the respective authorization, as well as to order their work. destruction when the works are done without authorization or in a manner other than the authorized one, and that water is derived or extracted in violation of this Law and its Regulations;
f) Dictate the resolutions, orders, recommendations and any other measure that you consider fit for compliance with this Law and its Regulations;
g) Sanctioning to the offenders of this Law and its Regulations, following for this the relevant procedures;
h) The other functions and attributions that this law sets and its Regulations.
Art. 7.-The works and works of this Law that are projected and executed by the Ministry of Agriculture and Livestock for the benefit of individuals, must be made with self-financing criteria.
Other public institutions or persons Natural or legal persons, may make works and works of irrigation and compromise, subject to this Law and its Regulations, and with authorization and control of the Ministry of Agriculture and Livestock.
extensions, enhancements, or modifications to such works and jobs.
Art. 8.-Structures regulating and measuring water flows may not be modified, replaced, or moved without prior authorization from the competent authority.
Art. 9.-In order to comply with this Law and its Regulations, officials and employees of the Ministry of Agriculture and Livestock may visit and inspect any building, prior notice to the owner, holder, holder or keeper of the property, by submitting the respective credential of his office, and proceeding to the examinations, investigations and menses in these buildings. In such cases, officials and employees shall act with the utmost diligence and care, avoid causing inconvenience and damage to persons and crops located in the buildings in reference and shall be liable for the damage caused by their fault. cause.
The State shall indemnify the damages that are necessarily caused to the individuals in their buildings, in reason of requiring it in this way the nature and circumstances of the works and works referred to in this Law and its Regulations, or that inevitably result from the technical activities carried out by those officials and employees in compliance with their functions.
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CHAPTER III PERMISSIONS AND CONCESSIONS REGIME
Art. 10.-Only national waters for irrigation purposes may be used, by means of permission or concession granted by the Ministry of Agriculture and Livestock in accordance with this Law and its Regulations.
Permission, authorization Resolution of that Ministry to use, on a transitional basis, national waters for irrigation purposes, and by concession, the authorization conferred to use, on a permanent basis, such waters for the same purposes.
the use of the streams or deposits of neighbouring waters of an international character, shall be subject as provided for in the respective international conventions.
Art. 11.-The concessions will be granted by the Executive Branch in the Agricultural and Livestock Ramo, for a period of not more than fifty years. The State shall be liable for any damage to the concessionaire due to the lack or decrease of the flow rate expressed in the concession, except where such lack or decrease is due to natural causes or third party action.
concessions may be renewed for successive equal periods.
Art. 12.-The right of use of water conferred by permission or concession is for the exclusive benefit of the real estate or property to which the permit or concession refers.
The distribution of the water shall be made in accordance with the availability of the water, to the the need for the same from the requester and for any other element or technical factor that needs to be considered.
Art. 13.-In order to grant the permit or grant, preference shall be given to:
a) The buildings in which the water is born;
b) The riparian buildings;
c) The others, following the order of proximity to the birth or water course that I know
when a permit or concession is requested, the Ministry of Agriculture and Livestock shall hear within thirty days the owners, holders or holders of the properties that may have preference in accordance with this provision and the National Administration of Aqueducts and Sewers (ANDA). If they express their intention to make use of their right, the Ministry may grant a period of time for this purpose, which may not be greater than three years or less than one, in the prudential judgment of the Ministry.
The permits and concessions shall be Register in the Register of Water that the Ministry of Agriculture and Livestock will take to this end. The concessions, in addition, will be entered in the Root and Mortgage Property Registry, regardless of the corresponding registration of the property or the real estate to which it benefits.
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Art. 14.-The use of national waters for the permits or dealers consists in the use of the same in the proportions or endowments, deadlines, modes and forms, terms and conditions established by this Law and its Regulations. The units of measurement that will be used for the purposes of this Law, will be the hectare in relation to the surface, and the liters per second, in relation to the volumes.
When the excess irrigation can cause damage to the soils, it will be possible limit the use of water.
The permit or concession must express in its clauses, the standards of construction, use and protection of sanitary and soil.
Art. 15.-All shunt or water extraction shall be carried out by means of devices or structures that permit their regulation and capacity, such as floodgates, landfills, frames, meters or others.
The waters at the disposal of the water users, the losses will be borne by these.
Art. 16.-The use of permitted or granted water may be suspended only in the following cases:
a) In the period fixed for cleaning or repair work of works and installations and their accessories;
b) In force majeure or fortuitous case;
c) When imposed by the competent authority in order to sanction, in accordance with this Law and its Regulations.
Art. 17.-They are cause for revocation of the concession:
a) When the use of the waters for the supply of populations is necessary; and
b) When for the realization of a public project of harnessing the waters, it is necessary use, improve, or remove a privately owned hydraulic work or system.
Revocation will result in the corresponding compensation.
Art. 18.-Grant expiration causes:
a) The waiver of the data subject;
b) When the waters granted within the time limit set in the concession are not used;
c) When the concession has been granted with violation of the provisions of this Law and its Regulations;
d) If after exercising the right to take advantage of the waters, at any time, the irrigation shall be suspended for three consecutive years;
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e) For gross non-compliance or violation of the obligations established by the concession, and by this Law and its Regulations.
The right of use, in cases where the granting that grants it is expired, will revert to the State and will remain the waters in question, available for other concessions.
Art. 19.-The General Regulation of this Law will determine the form and procedures to be followed to declare the suspension, revocation and revocation; it will also establish the other modalities and conditions to which the permits will be subject, concessions and their renewal.
CHAPTER IV OF GROUNDWATER
Art. 20.-The investigation, extraction, protection and exploitation of the groundwater for irrigation purposes, are subject to the provisions of this Law and its Regulations, without prejudice to the provisions of Art. 3, literal m), of the Law of the National Administration of Aqueducts and Sewers (ANDA).
Art. 21.-For the delivery and use of groundwater, it should be taken into account preferably:
a) That they are not harmful to other already existing uses;
b) That the aquifer mantles are not put in danger of exhaustion;
c) That the waters be fit for the purposes provided for in this Law.
Art. 22.-All natural or legal persons, to explore groundwater for agricultural purposes, must obtain permission from the Ministry of Agriculture and Livestock, and to dispose and use of them, the permit or the corresponding concession.
Art. 23.-The Executive Branch in the Agriculture and Livestock, Economy, Public Works and Public Health and Social Assistance Ramos will be the competent authority to decree areas of closed, reserve and groundwater protection. In case of conflict it will be resolved as prescribed in article 4 of this Law.
Art. 24.-Persons who carry out underground water exploration work shall report to the Ministry of Agriculture and Livestock on the development and outcome of the work.
Art. 25. The Ministry of Agriculture and Livestock may prevent the construction or suspension of works of birth, ordering the destruction thereof, when such works are done without authorization or in a manner other than that authorized. The resolution that the Ministry will take to the effect will be dictated in accordance with the procedure laid down in Article 97 of this Law.
Art. 26.-If the person concerned does not proceed to the destruction of the works, the Ministry shall do so at the expense of the Ministry, and the certification of the costs of such destruction extended by the Ministry shall be enforceable.
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Before the certification is issued in the preceding paragraph, you must be heard from the affected party within a third day, so that you will abide by what you see as appropriate.
Art. 27.-Any person or undertaking engaged in the exploration of groundwater and well drilling must be registered with the Ministry of Agriculture and Livestock, obtain the operating license of the Ministry of Agriculture, and be responsible for the violations of this Law and its Regulations.
Such persons or companies shall provide the information required by the Ministry of Agriculture and Livestock.
Art. 28.-The resulting artesian wells must be equipped with mechanical devices or devices that allow to regulate their flow and prevent them during the time they are not operating.
CHAPTER V OF THE IRRIGATION AND AVENUE DISTRICTS AND OF THE REGIONS ' ASSOCIATIONS
SECTION 1 OF IRRIGATION AND AVENUE DISTRICTS
Art. 29.-IRRIGATION AND AVENUE DISTRICTS AS ADMINISTRATIVE TECHNICAL UNITS, DEPENDENT ON THE MINISTRY OF AGRICULTURE AND LIVESTOCK, SHALL BE CREATED BY LEGISLATIVE DECREE IN THE AREAS OR REGIONS OF THE NATIONAL TERRITORY, WHERE THE EXECUTION, OPERATION AND MAINTENANCE OF WORKS AND WORKS FOR THE USE OF HYDRAULIC RESOURCES FOR AGRICULTURAL PURPOSES ARE CONSIDERED INDISPENSABLE AND WILL BE REGULATED IN SIGNIFICANT QUANTITIES, PUBLIC INVESTMENT FOR THE USE OF SUCH RESOURCES. THE TRANSFER OF THE ADMINISTRATION OF THE REFERRED DISTRICTS TO THE ASSOCIATIONS OF REGANTES CONSTITUTED LEGALLY AND BY EXECUTIVE AGREEMENT IN THE FIELD OF AGRICULTURE AND ANIMAL HUSBANDRY, THE ADMINISTRATIVE TECHNICAL UNITS, WILL CEASE TO SUPPLY EFFECTS OF ITS DEPENDENCE ON THE MINISTRY OF AGRICULTURE AND LIVESTOCK. (1)
Art. 30.-The land in excess of the maximum area fixed for each district as well as those that do not reach the minimum area fixed for it, may be expropriated by the State, and in such case the procedure established in the Chapter VIII of this Law.
Land that does not reach the minimum area, can only be expropriated if the State has the necessary land to grant to its owners or owners, parcels that have at least the minimum required by the Law, either by means of relocation or by the procedure of parcelary integration in the same District.
Art. 31. The Executive Branch in the Agricultural and Livestock Ramo will be responsible for the execution of the respective technical studies and the planning of the Districts.
Art. 32.-The studies and planning of the previous article, the Executive Branch in the Agricultural and Livestock Ramp, will propose in its opportunity the corresponding Decree of Creation of each District, which will essentially have to determining:
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a) The territorial limits of the District;
b) The hydraulic resources corresponding to it;
c) The works and works that are to be performed, maintained and administered in accordance with the respective project;
d) land to be expropriated, and which are necessary for construction and conservation of works and works, in accordance with Article 78 of this Law;
e) The appropriate maximum and minimum extensions of the District's herages;
f) Other aspects deemed necessary for the organization and the District operation.
Art. 33.-The hereties within the District may not have extensions greater or less than those fixed as maximum and minimum for each District, whatever the number and title of their owners, holders or holders without prejudice to the provisions of Art. 30, the second paragraph of this Law.
To determine the maximum area fixed for each District, it will be conceptualized as a single inheritance, the land within the territorial limits of the whether they belong or are owned by a single natural or legal person even if they do not form a single body.
Art. 34.-Published the Decree of Creation of the District in the Official Journal, the Ministry of Agriculture and Livestock will disseminate it by the necessary means that it deems appropriate and especially in one of the newspapers of greater circulation of the Republic.
The owners, holders or holders of any title, of the land within the territorial limits of the District shall credit their rights to such premises before the Ministry of Agriculture and Livestock, within ninety days of the publication of the respective Decree.
Art. 35.-In each District of Riego and Avenement there will be a Chief of the same, appointed by the Ministry of Agriculture and Livestock.
There will also be a Steering Committee, integrated as follows:
a) By the District Chief, who will convene and chair the Committee's sessions;
b) Two Representatives of the District's users, elected by themselves in the General Assembly;
c) A Representative of the Ministry of Agriculture and Livestock; and
d) A Representative of the agricultural credit institutions in which the State, appointed by the Ministry, has a stake Agriculture and Livestock of the Payrolls proposed by these institutions.
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Both the District Chief and the Steering Committee of the District will participate in its operation and administration, in accordance with the provisions of the corresponding Legislative Decree of Creation of the District concerned, and its Rules of Procedure. Internal.
The District Chief will have in case of a tie vote of
Each of the above representatives will have an alternate.
The Rules of Procedure of each District will regulate the organization, operation of the Steering Committees and the election of the Representatives of the users.
The Directors of the District Committee will last three years in the exercise of their duties and must be replaced in a staggered manner.
The alternates will be elected or appointed for the same period.
District must be Salvadoran by birth, older, Agronomist Engineer or technician in hydraulics.
Art. 36.-They are the privileges of the Steering Committee of a District of Riego and Avenement, the following:
a) Collaborate with the Ministry of Agriculture and Livestock in the General Development of the District;
b) Approve or Improve the State Plan of Riego to be presented to him by the Chief of the District;
c) Velar for the fulfillment of the duties and obligations of the users of the District, especially with those that relate to the conservation of the secondary irrigation systems and
d) Propose to the Ministry of Agriculture and Livestock the measures and works that are
e) to solve the problems and conflicts that arise between the users or between them and the District Chief on the occasion of the application of the Law and its Regulations and the District Rules of Procedure.
In the latter case the District Chief will not have the right to vote and the representative of the Ministry of Agriculture and Livestock will preside and have a vote of quality.
f) Convening General Assembly of Users to elect their representatives to the District Steering Committee;
g) Propose to Ministry of Agriculture and Livestock, modifications or making the observations that it creates appropriate to the Rules of Procedure of the District and other Ordinance on the distribution of the irrigation waters and the operation and maintenance of the works;
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(h) Cooperate with the District Chief in everything that relates to the best use of water and the development of agriculture within the District;
i) Reporting to the Minister of Agriculture and Livestock the faults and abuses committed in the District District, as well as propose the change or removal of the junior staff by justified and duly substantiated cause;
j) The others that this Act and its Regulations indicate.
Art. 37.-Corresponds to the Riego and Avening District Chiefs, the following functions:
a) Chair the District Steering Committee and execute the resolutions approved by it;
b) Respond to the operation of the structures hydraulic, channel systems, and other irrigation and avenue systems with which the Districts count.
c) Distribute the irrigation water and deliver to the users the volumes that correspond to them according to the Irrigation Station that is execute in the District concerned;
d) Keep and improve the set of works that make up the System of irrigation and protection against floods in the respective District;
e) To monitor and monitor compliance with this Law, its Regulations, the District Rules of Procedure, and the resolutions and measures given on distribution and use of the respective District's water resources;
f) Impose the violators of this Law, its Regulations and the District's Rules of Procedure, the sanctions imposed by them, following the relevant procedures;
g) Formulate and submit to the approval of the District Steering Committee, The Seasonal Plan of the Riegos;
h) Carry and keep the following records updated:
1.-General Registry of Users;
2.-Records of Distribution Orders of Riego;
i) The others mentioned by this Law and its Regulations.
Art. 38.-For the purposes of this Chapter, the term "user" means any natural or legal person who, at any rate, exploits land within the area of a Riego and Avenement District.
Art. 39.-In the Irrigation and Avening Districts, users will have the following rights:
a) Receive in the mouth-taking of their plots, the water that corresponds to them according to the State of the Riegos Plan;
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b) Choose and be elected to represent the users before the District Steering Committee;
c) Reclaim before the District Chief directly or through their representatives on the District Steering Committee, either act or measure they consider to be harmful or inconvenient;
d) Other than point to this Law and its Regulations.
Art. 40.-In the Riego and Avening Districts, users will have the following obligations:
a) Pay the contributions and fees to be established for the District concerned;
b) Make good use and application of irrigation waters which are supplied to them by avoiding waste causing damage to other users or to the structures and other works of the District;
c) Maintain in good state of conservation and cleaning its channels, drains and other structures for the correct operation of the irrigation and compromise systems;
d) The others established by this Law and its Regulations.
Art. 41. Users are prohibited:
(a) Use the waters provided for their inheritance for purposes other than agricultural and livestock farming, unless they have express permission to do so;
b) Alter or modify existing works or construct others that prevent the normal operation of the District's works; and,
c) Prevent, obstruct or alter the course and distribution of the waters or affect the quality of the waters.
Art. 42.-Without prejudice to the second paragraph of Art. 30, who already owns or owns one or more heritages in a District, may not be subject to the award of land by state entities in that same District or in different.
Art. 43.-Any person who, in any way, grants or permits the use of his lands within the territorial limits of a District of Riego and Avenement, shall be jointly and severally liable for the fulfilment of the obligations imposed on him. users by this Law and by the District Creation Decree.
Art. 44.-No land parcels within a District may be carried out without prior approval by the Ministry of Agriculture and Livestock. For the purposes of this Article, the division of a property shall be deemed to be the division of a property in order to sell or lease it in lots.
In cases of extra-judicial partition of the buildings in a District, those interested in They shall comply with the technical recommendations made by the Ministry.
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In the cases of judicial partition, the party will consult the Ministry of Agriculture and Livestock with the same purpose expressed in the previous paragraph; and the Judge to approve it shall obtain the favorable opinion of the Ministry of Agriculture and Livestock. will hear for the term of 15 days.
In case of a succession testamentaria, the properties included in a District of Riego shall remain indivisible, until such time as its partition or adjudication is carried out according to this Law and its Regulations. The succession shall be responsible for the payment of the fees or charges and the fulfilment of the obligations corresponding to those provisions, and shall not be segregated or divided and distributed by partition without prior authorization from the Ministry of Agriculture and Livestock, which shall not give it if it has produced a parcelary concentration exceeding the maximum permissible area in the corresponding District or parcels below the permissible minimum, penalty of nullity. Any heir may request that the property or property referred to in this Article be given preference to, and in accordance with the above conditions, provided that he pays the other, or the succession, the equivalent in the money of the respective rights, prior to any such rights. Such award shall proceed if, within six months of the opening of the succession, the heirs do not agree to participate or award in accordance with this Law and its Regulations.
Art. 45.-The Registrar of the Root and Mortgage Property to register the instruments in which a lien or disposal of buildings comprised in the Districts of Riego and Avenement is recorded, shall require that the constances of solvency extended by the Ministry of Agriculture and Livestock that credit that the licensors do not owe any amount in terms of fees and fees.
Art. 46.-The Registers of the Root and Mortgage Property to register the instruments in which they consist of contracts of sale, donations, or judicial or extrajudicial partitions, of buildings comprised in a District, will require that in the The requirements set out in Articles 44 and 45 of this Law are filled in.
SECTION SECOND OF THE REGants ' Associations
Art. 47.-The users of national waters for agricultural purposes, which are not within the districts of Riego and Avenamiento, may constitute Associations of Regants, through Public Scripture, in order to better use and distribute of the water. Legal persons shall be granted the right to be recognized by the Executive Branch in the Ramo of Agriculture and Livestock, within a period of no more than sixty days from the date on which the application and the testimony have been submitted. corresponding. In the event of a refusal, the reasons will be expressed; which will admit the review appeal to the Council of Ministers.
MAY CONSTITUTE ASSOCIATIONS OF REGANTS:
A) THE USERS OF NATIONAL WATERS FOR AGRICULTURAL PURPOSES OF A SAME STREAMS OR SOURCE OF SUPPLY;
B) USERS OF NATIONAL WATERS FOR AGRICULTURAL PURPOSES, WHICH EVEN IF THEY ARE NOT OF THE SAME CURRENT OR SOURCE OF SUPPLY, THEIR BUILDINGS ARE ADJACENT, AND
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C) THE OWNERS, HOLDERS OR HOLDERS OF ANY TITLE OF THE PREGOD WITHIN THE TERRITORIAL LIMITS OF THE IRRIGATION AND AVENUE DISTRICTS.
ASSOCIATIONS OF REGANTS, LOCATED WITHIN OR OUTSIDE THE DISTRICTS, MAY CONSTITUTE FEDERATIONS AND CONFEDERATIONS OF ASSOCIATIONS OF REGANTS BY MEANS OF CONSTITUTIVE ACTA. (1)
Art. 48. THE ASSOCIATIONS OF REGANTS SHALL BE GOVERNED BY THE PROVISIONS OF THIS LAW AND THEIR REGULATIONS, AS WELL AS BY THEIR OWN STATUTES, WHICH SHALL HAVE FREE ACCESS TO THEIR CONSTITUTION, FORMS OF ORGANIZATION, OPERATION, SERVICES, WORKS, AND INSTALLATIONS AND OTHER ASPECTS OF THEIR OWN. (1)
CHAPTER VI OF FEES, RATES, AND TAX EXEMPTIONS
FEES AND FEES
ART. 49.-THE FEES FOR THE DEPRECIATION OF THE COST OF WORKS AND WORKS CARRIED OUT BY THE STATE, WHETHER IN THE IRRIGATION AND AVENUE DISTRICTS OR IN ANY OTHER PROJECT OR AREA OF IRRIGATION, WILL BE FIXED BY A SPECIAL LAW ON THE PROPOSAL OF THE EXECUTIVE BODY IN THE BRANCHES OF AGRICULTURE AND LIVESTOCK AND OF FINANCE.
THE STATE WILL CONTRIBUTE AT LEAST 40% OF THE TOTAL COST OF THE WORKS AND WORKS OF EACH IRRIGATION AND AVENUE DISTRICT, THE REMAINING PERCENTAGE WILL BE CONTRIBUTED BY THE USERS OF THAT DISTRICT, WHETHER THEY ARE ORGANIZED OR NOT, IN REGANT ASSOCIATIONS. THE SAME SHALL APPLY TO ANY OTHER PROJECTS OR AREAS OF IRRIGATION OTHER THAN IRRIGATION AND AVENUE DISTRICTS AND WHICH ARE FULLY OR PARTIALLY FINANCED BY THE STATE. (1) (2)
To recover the remainder of the investment including the value of the land used in such works and works, the Law shall establish reasonable time limits.
The amount of the depreciation fees shall be determined, as:
a) The amount to be extended by the remainder of the total investment of the works and works between beneficial area units, taking as a surface unit the
b) The conditions for obtaining the financing resources to be used in carrying out the works and works concerned.
THE EXECUTIVE BODY, IN THE AFOREMENTIONED CLASSES, MAY GRANT A PERIOD OF GRACE FOR UP TO FIVE YEARS, FOR PAYMENT OF DEPRECIATION FEES, BY THE USERS OF THE AGRICULTURAL IRRIGATION DURING WHICH ONLY THE CORRESPONDING INTEREST WILL BE PAID. (2)
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Art. 50. THE FEES FOR IRRIGATION WATER SERVICES, AS WELL AS THE RATES OF FEES IN THE DISTRICTS COVERED BY THIS LAW, WILL COVER THE OPERATION AND MAINTENANCE OF THE SAME AND WILL BE ESTABLISHED BY THE LEGISLATIVE ASSEMBLY ON THE PROPOSAL OF THE EXECUTIVE BODY. IN THE FIELDS OF AGRICULTURE AND LIVESTOCK AND THE ECONOMY, EVERY TIME THERE IS NO LEGAL TRANSFER OF THE DISTRICT ADMINISTRATION.
FOR THE PROPOSAL OF THE TARIFFS, THE EXECUTIVE ORGAN IN THE INDICATED BRANCHES, WILL ADOPT AS CRITERIA: THE VOLUME OF WATER DELIVERED, THE AREA IRRIGATED OR AVENADA OR A COMBINATION OF THESE.
THE TRANSFER OF THE ADMINISTRATION OF THE RESPECTIVE DISTRICT TO THE ASSOCIATIONS OF REGANTES, THE REVENUE OF THE RATES REFERRED TO IN THIS ARTICLE, SHALL BE PAID IN CONCEPT OF CONTRIBUTION, TO THE FUNDS OF THE SAME ASSOCIATIONS, WHICH WILL BE CANCELLED BY THE USERS OF IRRIGATION, BELONG OR NOT TO THE ASSOCIATIONS ALREADY MENTIONED. (1)
Art. 51.-The concession holders or holders of permits for the use of national waters for agricultural purposes that are not included in a District of Riego and Avenamiento, will pay for the exploitation of the waters the rights that the effect of the the rate determined by the Legislative Assembly on the proposal of the Executive Branch in the Ramos of Agriculture and Livestock and Economy.
Art. 52.-The certifications extended by the Ministry of Agriculture and Livestock by way of amortization fees or fees due to be enforceable.
Art. 53.-The Executive Branch in the Agricultural and Livestock Ramo may fix the provisional rates when they are required by the immediate irrigation or compromise needs, subject to subsequent approval by the Legislative Assembly.
Art. 54.-For the purposes of collection and security of the collection of fees and charges, the corresponding owners or owners of the land benefited will be obliged to notify the Ministry of Agriculture and Livestock of any division, sale, permuse and any other legal act of ownership of the expressed land.
In case the communication referred to in the previous paragraph is not made, the charge may be made to the owner who appears in the Registers respective, having this right to repeat against the true owner.
SECTION SECOND TAX EXEMPTIONS
Art. 55.-The tax exemptions that are specified in this chapter are aimed at encouraging the channeling of resources for the construction of irrigation works, the avenue and flood control, in order to accelerate the development of the sector.
Art. 56.-To achieve the proposed end the following benefits are granted:
a) Total exemption from customs duties and other related charges including consular rights, but not charges for specific services, for five years on
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the import of machinery, equipment, tools, spare parts and accessories that are required for irrigation and farming in the agricultural holding provided that adequate national or Central American substitutes are not available.
b) Total exemption from customs duties and other related charges including consular rights, but not charges for specific services, for five years on the import of construction materials exclusively for irrigation and irrigation works, provided that no national substitutes are available o Central American; and
c) Exemption or reduction of tax and municipal taxes that fall on the capital invested in the irrigation and settlement system for ten years.
Art. 57.-Corresponding to the Executive Branch, in the Ramos of Agriculture and Livestock and Finance the legal faculty to grant the tax exemptions referred to in this Law, and will be conferred by means of agreement.
obtain the exemptions granted by this Law, they shall submit a request to the Ministry of Agriculture and Livestock and shall contain at least the information detailed immediately:
a) Name, address and nationality of the applicant and when are companies, name of the Legal Representative, class of company;
b) Monto and composition of capital, origin of the capital, investment plans and projected production capacity; and
c) Localization of irrigation works, avenation and description of irrigation works.
The Ministry of Agriculture and Livestock will make a assessment of the project which is the subject of the request, and if the request is made, the opinion of the Ministry of Finance in the tax field shall be heard, who shall, in turn, give its opinion and if it is favourable, the respective agreement shall be given by the benefits; otherwise the order will be denied. Such refusal shall admit review proceedings before the President of the Republic.
Art. 58. In order to effect the franchises referred to in Article 56 (a) and (b), the authorization of orders by the Ministries of Agriculture and Livestock and Finance shall be necessary. By means of such authorization, these Secretariats will control that the franchises do not harm the plans of progressive integration or industrial complementation that regulate the production of those companies covered by the Law of Promotion or the Central American Convention on Tax Incentives for Industrial Development; that the products or goods that are intended to be imported are indispensable for the works referred to in this Law and which do not occur in the country, or that occur in inadequate quantities or qualities; and that persons comply with their obligations of subjects beneficiaries, as well as those originated by the franchises.
It is for the interested party to prove the circumstances contained in the previous paragraph. In the absence of sufficient evidence, in the opinion of the abovementioned Secretaries, there shall be no place for the licence.
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Art. 59.-The beneficiaries shall be subject to the prohibition of selling the effects which they introduce with relief under this Law or to change the destination thereof, unless they do so with the formalities and requirements laid down in the legislation on custom franchises.
CHAPTER VII OF EASEMENTS
Art. 60.-FOR THE REALIZATION OF THE WORKS AND WORKS OF IRRIGATION, AVENUE, DESICCATION OF SWAMPS, ANEGADICAS LANDS, ORDER OF BASINS AND CONTROL OF FLOODS, AND THE WORKS AND WORKS OF CONSERVATION OF SOILS NECESSARY FOR THE PROTECTION AND CONCERTATION OF THE ABOVE WORKS, MAY BE CONSTITUTED IN STATE OR PRIVATE PROPERTY IN FAVOR OF THE BENEFICIARIES, THE FOLLOWING EASEMENTS: (1)
A) THE CHANNEL AND THE ACEC (1)
B) PARTPARTS, (1)
C) BOCA-TOMA, (1)
D) SIFO AND PUENTE-CANAL, (1)
E) WATER DISCHARGE PIPE, (1)
F) HYDROMETRIC AND HYDROMETEOROLOGICAL STATIONS, (1)
G) TRANSIT ROUTES, PROVIDED THEY ARE NECESSARY FOR THE OBJECTIVES OF THIS LAW AND IN THE CASE OF THE STATE, FOR THE GENERAL WORKS IT PERFORMS THE MINISTRY OF AGRICULTURE AND ANIMAL HUSBANDRY, AND (1)
H) THE LINES OF TRANSMISSION OF ENERGY OR PIPELINES. (1)
I) LEVEES, BORDS, WELLS AND NATURAL OR ARTIFICIAL DRAINS. (2)
THE PREVIOUSLY MENTIONED EASEMENTS GIVE THE HOLDERS OF THE SAME, THE RIGHT TO TENDER, PLACE, INSTALL, BUILD AND EXECUTE THE WORKS AND WORKS AND AUXILIARY OR COMPLEMENTARY STRUCTURES IN THE SERVANTS OF THE SERVANTS, OF USE THEM FOR THE SERVICE TO WHICH THEY ARE INTENDED AND TO PRESERVE THEM. (1)
WHEN IRRIGATION AND IRRIGATION WORKS ARE FULLY OR PARTIALLY FINANCED BY THE STATE, THE EASEMENTS ARE CONSTITUTED BY THE MINISTRY OF LAW. (1) (2)
Art. 61. FOR THE ONLY EFFECT OF CONSTITUTING SERVITUDE FOR IRRIGATION AND DRAINAGE PURPOSES WHEN THE INFRASTRUCTURE IS FINANCED BY PUBLIC OR PRIVATE FUNDS, THE FOLLOWING IS PRESUMED:
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A) THAT IS SURFACE: IT IS THE UPPER FLOOR SPACE,
B) THAT IS SOIL: IT IS THE SURFACE AREA OF 30 CMS., OF THICKNESS AT MOST, IN THE TIME WHEN THE WORK OF INFRASTRUCTURE IS BUILT OR INSTALLED. IF THAT THICKNESS CHANGES FOR ANY CIRCUMSTANCE THE OWNERS OF THE BUILDING WHERE THE INFRASTRUCTURE WORKS ARE, THEY WILL ALWAYS BE OBLIGED TO RESPECT THEM,
C) WHICH IS THE SUBSOIL: THEY ARE THE LOWER LAYERS OF THE SOIL,
D) IT IS A SERVANT: IT IS THE BUILDINGS IN WHICH THE NECESSARY INFRASTRUCTURE WORKS HAVE BEEN CONSTRUCTED OR CONSTRUCTED, FOR THE AGRICULTURAL IRRIGATION OF THE OR THE ADJACENT PREMISES, AND
E) WHICH IS DOMINANT: IT IS THE IMBLE OR REAL ESTATE THAT IS BENEFIT FROM THE INFRASTRUCTURE FOR AGRICULTURAL IRRIGATION, BUILT OR CONSTRUCTED IN THE OR THE PREMISES SERVANTS. (1)
Art. 62. THE UNDERGROUND PIPES FOR TAKING AND UNLOADING WATER SHALL BE CONSTRUCTED BY THE MINISTRY OF LAW. THESE EASEMENTS WILL NOT BE INDEMNIFIED WHEN THE PIPELINE IS INSTALLED AT MORE THAN 30 CMS., UNDER THE SURFACE, AS THE SUBSOIL OF THE STATE.
FOR THE COMPLETION OF THE WORKS OF INFRASTRUCTURE WORKS, IT IS SUFFICIENT THAT THIS CIRCUMSTANCE BE NOTIFIED IN WRITING, BY ANY AUTHORITY TO THE OWNERS, HOLDERS, HOLDERS OR ENTRUSTED TO ANY TITLE OF THE PREMISES SERVANTS.
IF LOOKING FOR ANY OF THE PERSONS MENTIONED IN THE PREVIOUS PARAGRAPH, THEY WILL NOT BE FOUND IN THEIR ROOM HOUSE OR IN THE PLACE OF THEIR WORK, THEY WILL BE LEFT WITH A CORNER CONTAINING A BRIEF AND CLEAR STATEMENT OF THE CAR OR RESOLUTION THAT IT MOTIVATES THAT NOTIFICATION, WITH ANYONE WHO IS IN YOUR HOME OR WORKPLACE. (1)
Art. 63.-The works referred to in the previous Article shall be made, however, that the easement has not been registered with the competent Registry of the Root and Mortgage Property.
Art. 64.-THE REGISTRATION OF THE SERFDOM WILL BE DONE WITHOUT FURTHER PROCESSING, THAN THE PRESENTATION OF SUCH A RECORD, OF A CONSTANCY EXTENDED BY THE MINISTER OF AGRICULTURE AND ANIMAL HUSBANDRY, THAT IT BE KNOWN THAT THE WORKS FOR IRRIGATION OR AGRICULTURAL DRAINAGE OR WITH LIVESTOCK WATERING PURPOSES, HAVE BEEN PARTIALLY OR TOTALLY FINANCED BY THE STATE, MAKING PARTICULAR MENTION OF THE DEPTH OF THE SOIL IN WHICH THE INFRASTRUCTURE IS LOCATED, SUCH REQUIREMENTS WILL SERVE IN THE CASE OF THE EASEMENT UNDERGROUND AND IN THE CASE OF THE SURFACE, A REQUEST WILL BE SUBMITTED TO THE REGISTRAR OF THE ROOT PROPERTY AND MORTGAGES FOR THE REGISTRATION OF THE SERFDOM IN THE AFOREMENTIONED REGISTER, SUBSCRIBED BY HIM OR THE OWNERS, THE HEAD OF THE OFFICIAL INSTITUTION THAT OWNS OR IN CHARGE OF THE EXECUTION OF THE PROJECT, PRESIDENTS OF THE
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ASSOCIATIONS OF REGANTES, ASSOCIATIONS OF AGRICULTURAL AND LIVESTOCK ASSOCIATIONS, COMMUNITY FARMERS ' ASSOCIATIONS AND MORE ORGANIZATIONS OF AGRICULTURAL ASSOCIATIONS, WITH LEGAL STATUS, AND WILL BE RELATED TO THE DOMINANT AND SERVANT PROPERTIES, THE DESCRIPTION OF THE STRIP OR GROUND SURFACE ON WHICH THE SERFDOM SHALL BE EXERCISED, AS SHALL THE NAME OR NAMES OF THE OWNERS OR HOLDERS OF THE SERVANT, QUOTE FROM THE REGISTER OR THE REGISTRATION OF THE ROOT PROPERTY, IF ANY. (1)
THE EASEMENTS REFERRED TO IN THIS LAW SHALL BE CONSTITUTED, HOWEVER, THAT THE IMMOVABLE PROPERTY OR THE SERVANTS ARE IN SUCCESSION, FORECLOSED, TAXED WITH THE BOND OF FAMILY PROPERTY, OR ANY OTHER CHARGES. (2)
Art. 65. THE OWNER OR HOLDER OF THE SERVANT PROPERTY SHALL INDEMNIFY THE OWNER OF THE DOMINANT PROPERTY BY PAYING THE PRICE OF THE AREA OCCUPIED BY THE SERVITUDE. THE AMOUNT OF THE COMPENSATION SHALL BE THE ONE AGREED UPON BY THE OWNERS OF THE SERVANT AND THE DOMINANT PREDIUM; MORE, IF NO AGREEMENT IS REACHED BY ANY OF THEM BEFORE THE JUDGE OF FIRST INSTANCE WHO HAS JURISDICTION IN CIVIL MATTERS WITHIN THE JURISDICTION WHERE THE BUILDINGS IN QUESTION ARE LOCATED, WHO SHALL PROCEED IN SUMMARY FORM, FOR THE PURPOSE OF WHICH EXPERT NAMES SHALL GIVE AN OPINION ON THE PRICE OF THE AREA OCCUPIED BY THE EASEMENT. THIS OPINION WILL SERVE THE JUDGE AS A GUIDE TO PROVIDE THE APPROPRIATE SENTENCE, WHICH WILL NOT ALLOW MORE RESOURCES THAN THE EXPLANATION.
WHEN PROJECTS ARE PARTIALLY OR TOTALLY FINANCED BY THE STATE, IT WILL BE THROUGH THE MINISTRY OF AGRICULTURE AND LIVESTOCK, THE OBLIGATION TO PAY THE COMPENSATION, ACCORDING TO THE EXPERT OPINION OF THE TECHNICIANS OF THE MANAGEMENT GENERAL OF THE BUDGET, AS IF IT WAS A PURCHASE AND SALE. THIS PAYMENT SHALL BE MADE AFTER AGREEMENT OF THE EXECUTIVE BODY, IN THE FIELD OF AGRICULTURE AND ANIMAL HUSBANDRY, WITH THE APPROVAL OF THE COURT OF AUDITORS OF THE REPUBLIC. IF IN THE BUILDINGS THERE WERE WORKERS OF THE OWNERS OF THOSE LANDS WHO HAVE BUILT HOUSES WITH MATERIALS AND LABOR PAID FOR THEM, IT WILL BE ENOUGH THE VALUE OF THE EXPERTS OF THE GENERAL DIRECTION OF THE BUDGET AND THE AGREEMENT ALLUDED TO MAKE CASH THE PAYMENT. SUCH APPROVED AGREEMENTS SHALL SEND A COPY OR PHOTOCOPY TO THE ATTORNEY GENERAL OF THE REPUBLIC FOR THEIR KNOWLEDGE. (1) (2)
Art. 66.-IF THE SERVANTS DO NOT HAVE A RECORD ON THE REGISTRATION OF THE ROOT PROPERTY AND MORTGAGES, THE MUNICIPAL MAYORS OF THE ADMINISTRATIVE JURISDICTION WHERE THE PROPERTY IS LOCATED, ARE OBLIGED TO CARRY A BOOK OF REGISTRATION OF SERVITUDE INSCRIPTIONS SO THAT, WHEN THE SERVANT IS ENTITLED TO THE TITLE, THIS CIRCUMSTANCE IS RECORDED IN THE TITLE OF THE PROPERTY AND WHEN THE TITLE IS ENTERED IN THAT REGISTER, IT IS REGISTERED WITH THAT CHARGE.
THIS WILL BE SUFFICIENT FOR THE TITLE OF THE PROPERTY REGISTRATION TO BE REGISTERED AND ENTERED INTO THE EASEMENT. (1)
Art. 67.-REPEALED (1) (2)
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Art. 68. DONATIONS, PURCHASES AND EASEMENTS REFERRED TO IN THE LAW ON IRRIGATION AND THE SETTLEMENT, WHEN THEY ARE MADE IN FAVOR OF THE STATE, ARE EXEMPT FROM THE PAYMENT OF ALL TAXES. THE CORRESPONDING RECORDS OF THE ROOT PROPERTY AND MORTGAGES TO REGISTER THE RESPECTIVE DOCUMENTS IN FAVOR OF THE STATE IN THE FIELD OF AGRICULTURE AND ANIMAL HUSBANDRY, WILL REGISTER THEM EVEN IF THEY DO NOT COINCIDE WITH THE ANTECEDENTS, AS LONG AS IT IS THE CASE OF THE SAME BUILDING AND SAME OWNER. (1) (2)
Art. 69.-THE COMPENSATION SHALL BE PAID IN CASH. IF THE OWNER, HOLDER, HOLDER OR KEEPER OF ANY TITLE OF THE SERVANTS OF THE SERVANTS DOES NOT APPEAR TO RECEIVE THE PAYMENT OF THE COMPENSATION, THE OWNER OF THE DOMINANT PREMISES SHALL OPEN IN HIS FAVOUR A SPECIAL ACCOUNT IN THE PROMOTION BANK AGRICULTURAL, FOR THE VALUE OF THE COMPENSATION AND THE PAYMENT WILL BE MADE. (1)
Art. 70.-OWNERS, HOLDERS, HOLDERS OR PERSONS ENTRUSTED WITH ANY TITLE OF THE SERVANTS ARE OBLIGED:
A) NOT TO HINDER THE OPERATION OF THE FACILITIES, NETWORKS OR SYSTEMS OF IRRIGATION, AVENUE AND OTHER WORKS AND WORKS PROVIDED FOR BY THIS LAW;
B) TO NOT CAUSE DAMAGE TO THE WORKS AND WORKS OR FACILITIES BY WHICH THE EASEMENTS ARE EXERCISED, NOR TO CARRY OUT WORKS AND WORKS IN THE BELT OR AREA OF LAND IN WHICH THEY HAVE BEEN CONSTITUTED, AND
C) DO NOT PREVENT, OBSTRUCT OR ALTER THE COURSE OR DISTRIBUTION OF WATERS OR AFFECT THE QUALITY OF WATER. (1)
Art. 71. IN ORDER TO COMPLY WITH THE ARTICLES OF THIS LAW, IF NECESSARY, THE USE OF PUBLIC FORCE SHALL BE MADE. (1)
Art. 72. OFFENDERS SHALL BE PUNISHED IN ACCORDANCE WITH ARTICLE 94 OF THIS ACT. (1)
Art. 73.-IT IS PRESUMED IN FULL RIGHT THAT THE OFFENDER IS THE OWNER, HOLDER, HOLDER OR IN CHARGE OF ANY TITLE OF THE SERVANT, EVEN IF THE VIOLATION OF THIS LAW IS MADE BY ONE OR SEVERAL OF ITS WORKERS, ADMINISTRATORS OR MANAGERS OF THE SURVEILLANCE OF THE BUILDING. (1)
Art. 74. THE ASSOCIATIONS OF REGANTES, WITH LEGAL STATUS, FOR THE SOLE PURPOSE OF CONSTITUTING SERVITUDE, SHALL BE CONSIDERED AS IF THEY WERE THE OWNERS OF THE BUILDINGS OF THE ASSOCIATES AND AS IF THESE LANDS FORMED A SINGLE BODY. (1)
Art. 75.-SUCH ASSOCIATIONS MAY APPLY FOR THE ESTABLISHMENT OF SERFDOM, EVEN IF THE INFRASTRUCTURE IS NOT FINANCED AS PUBLIC FUNDS. (1)
Art. 76. NO APPEAL MAY BE BROUGHT AGAINST THE CONSTITUTION OF THE EASEMENTS BY THE MINISTRY OF LAW. (1)
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Art. 77.-THE PREVIOUS PROVISIONS HAVE RETROACTIVE EFFECT AS A PUBLIC ORDER. (1)
EXPROPRIATION CHAPTER VIII
Art. 78.-They are declared of public utility:
I.-The works and works necessary for irrigation, such as:
a) For the collection, storage, derivation, conduction and distribution of water;
b) For the delivery of groundwater;
c) Channels and Aeques; and
d) Pump Stations.
II.-The works and jobs required for the avenue, such as:
a) Bypass and retention works;
b) Current regularization;
c) Channels, ditches, ditches and drainage collectors;
d) Diques, bords, terraces;
e) Pumping stations; and
f) Works for the desiccation of marsh and the removal of stagnant water.
III.-The necessary communication channels for the establishment and operation of irrigation, irrigation and drying works swamps and waterfields, and flood control.
IV.-All works and ancillary and complementary works of works and works mentioned in previous numerals.
V.-Field works and explorations of the soil and subsoil, surveys, studies, project formation and establishment of observation and experimentation that meet any of the objectives of this Law.
VI.-The grounds necessary to carry out the works and works referred to in this article.
Art. 79.-For the purposes of acquisition and award by the State, declare of social interest the areas in excess of the maximum limit established for each District of Riego and those that do not
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reach the minimum set for the District in question.
Acquired the areas covered by the previous paragraph, the State will transfer them to the Institute of Rural Colonization. This shall be distributed among the persons referred to in Art. 30 of this Law for the purposes in which they are indicated. In the event that land is over, they will be awarded to new individual owners.
Art. 80.-Where the State cannot voluntarily acquire the immovable property necessary to carry out the works and works in question under this Law or for the purposes of the foregoing Article, such goods shall be expropriated according to the procedure set in the following items.
Art. 81.-The competent authority to know in the judgments of expropriation that it deals with this Law, will be the Judge of First Instance that knows in the Ramo of the Civil, of the Judicial District in which the property is located to be expropriated.
Yes Several competent judges will be aware of prevention.
Art. 82.-For the purposes of the expropriation, the Attorney General of the Republic, by itself or through its Auxiliary Agents, will occur before the Competent Judge in relation to the demand for the real estate or properties of its portions that are needed expropriate, the name or names of the owners or holders and any persons who have registered in their favor real or personal rights that must be respected, with the expression of their respective addresses; and shall accompany the documentation that is relevant, as well as copies of the drawings corresponding to the predium, prediums or portions concerned to expropriate.
If the above persons are absent or unable to do so, you must express the names and addresses of their proxies and legal representatives if they are known.
Art. 83.-The Judge, upon receipt of the application and before any proceeding, shall order his or her preventive record at the competent Registry of the Root Property, with no transfer or real charge or personal charge after the date of the annotation.
Art. 84.-The Judge shall place the owners or holders and other persons referred to in Article 82 for the term of ten days.
If there are persons absent or unable to be heard and without representatives, the Judge shall appoint them. immediately, without any procedure, a special curator to represent them in the trial.
The site will be made by means of a notice that will be published once in the Official Journal and in two of the most circulation newspapers in the Republic, and the ten days will be counted from the last of the dates on which the publication is made.
No there will be a distance.
Art. 85.-Concluded the ten days of the site, whether or not the defendants appear, the trial will be opened for eight days without extension, within which the opinion of two experts will be received
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that the Judge shall appoint ex officio, on the need to acquire in whole or in part the building and on the value of the compensation to be paid; separately, in his case the compensation for the registered rights constituted in favour of third parties.
For the purposes of the property of the real estate The following factors shall be taken into account in whole or in part:
(a) The average annual production during the six years immediately preceding the date of the acquisition or the date of the demand for expropriation;
b) The value of the official statement or estimate made for tax purposes by law on the matter, if they are filed;
c) The purchase price of the property in the last domain transfers that would have been made in the ten years preceding the time of the endorsement;
d) The purchase prices of similar properties in the region or area during the last five years prior to the date of the demand for expropriation or the proposed purchase.
The value of the property will include, in addition to the price of the land, that of the buildings, Existing facilities, attachments, equipment, tools and improvements.
For the determination of the price, the real value of the property and the actual damage and damages will be taken into account in the assessment only.
to meet the requirements laid down in Article 344 of the Code of Civil Procedure, they may not be relatives in the fourth degree of consanguinity or second degree of affinity of persons who have rights in the property or interests in the amount of the compensation, or other owners or holders subject to expropriation. The competent court shall choose the experts from a list to be sent by the Directorate-General for the Budget.
If the expropriation is partial and the owner or owner of the building requires the compensation of the whole, in the expert opinion If the property is partially expropriated, the owner or the holder shall be subject to such damage as may not be necessary for the remainder to be retained. In the event that the opinion expresses that the property must be expropriated in its entirety, the Judge will thus resolve the final judgment.
In the event of discord between the experts, it will be resolved in accordance with the requirements of the Code of Civil Procedures.
Art. 86.-Within three days of the conclusion of the probative term, the Judge shall give the final judgment, decree the expropriation or declare it without place; and in the first case, determine the value of the compensation in respect of each land, as well as the form and conditions of payment. The latter will take into account the rights entered in favor of third parties.
The judgment will be appealable in both effects before the Chamber of the Second Instance that
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know of the Civil, the same day or within three working days of the respective notification, with news of the parties. The Judge without further processing will forward it to the respective Chamber.
The Chamber upon receipt of the judgment shall give a hearing within a third day to each of the parties who may present the relevant evidence; and without further processing or diligence. will conform, reform, or revoke the appealed statement.
The Chamber statement will not support any resource.
Art. 87.-If the property concerned is to be expropriated or in the course of the respective trial, the value of the compensation shall be deposited with the order of the Judge who knew of the case in which the embargo was imposed, to make the payments to the creditors, while retaining their preferential rights over that value.
If there is no embargo on the expropriated thing, but there will be mortgage encumbrances on it, in favor of one or more creditors, the value of the compensation will be deposited in a bank, so that such creditors will make preference
Without prejudice to the provisions of the foregoing paragraph, in any event where there is no embargo on the amount of the compensation, the Judge who decreed the expropriation may order the any of the mortgage creditors or the debtor, the payment of their respective claims, respecting the preference of the same.
Art. 88.-The final judgment may comprise one or more land belonging to one or several owners or holders who have been sued, and the amount of the compensation to be paid to such owners or owners shall be fixed. holders and third parties who have registered rights in their favour. That statement will only support the review facility.
Art. 89.-The sentence that decrees the expropriation will be executed, the property of the goods will be transferred in favor of the State and the execution of that sentence will be entered as title of domain.
The rights entered in favor of third parties that they shall be placed on the part of the expropriated property, or shall be extinguished in whole or in part, as the case may be, and the Judge shall order in the judgment the total or partial cancellation of his registration in the Register.
If four days from the date of notification of the judgment, the State has not received the owners ' reluctance, holders or occupants of some of the land expropriated, the Judge of the cause or a Judge of Peace to be commissioned to the effect, will give material possession of the prediums to the State, through the Attorney General of the Republic, with only the request of the same, even if the corresponding inscriptions were not made.
Art. 90.-All performances will be practiced in simple paper and the notifications and citations will be made by edicts that will be fixed in the Board of the Court. The notification or summons shall be effected 48 hours after the date of the edict in the Board, except in the case of the site provided for in Art. 85.
Art. 91.-The buildings that the State acquires in accordance with this Law may
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register in your favor with the corresponding Property Records, however the owners or holders lack registered titles or have them defective.
Art. 92.-In both the contractual acquisition deeds and in the expropriation judgment and in the inscriptions of the buildings to be acquired, the descriptions and areas appearing in the antecedents, if any, and those resulting from data provided by State Engineers, based on such background.
Art. 93.-As prescribed in Article 138 of the Constitution in force, when the acquisition of the land referred to in this Law is dealt with and when the amount of the compensation so warrants, in the respective judgments of Expropriation will determine the form and time of payment of the same.
CHAPTER IX SANCTIONS AND PROCEDURES
Art. 94. WITHOUT PREJUDICE TO THE CORRESPONDING CRIMINAL AND CIVIL LIABILITY, FOR THE INFRINGEMENT OF THIS LAW AND ITS REGULATION, A FINE OF FIFTY COLONES SHALL BE IMPOSED ON A HUNDRED THOUSAND COLONES, ACCORDING TO THE SERIOUSNESS OF THE INFRINGEMENT, THE RECIDIVISM IN THE COMMISSION OF THE SAME AND THE ECONOMIC CAPACITY OF THE INFRINGER.
CASE OF FAILURE TO PAY THE FINE TO BE IMPOSED, WILL BE LOST BY ARREST THAT CANNOT EXCEED FIFTEEN DAYS. IF THE OFFENDER IS A LEGAL PERSON, THE ARREST SHALL BE MADE IN THE PERSON WHO HAS ORDERED THE OFFENCE. IF IT IS NOT FOUND WHO ORDERED THE INFRINGEMENT, IT WILL BE PRESUMED THAT THE LEGAL REPRESENTATIVE OF THE ENTITY WAS. (1)
Art. 95.-The Ministry of Agriculture and Livestock by means of the corresponding dependency may order the suspension of the supply of water to the user, in the following cases:
a) For lack of payment of the quotas and tariffs referred to it Law;
b) For hindering or preventing the operation and maintenance of canals, ditches, ditches and other works and installations of irrigation, accommodation, etc.
c) For not having prepared the user, for irrigation and compromise, his system interior of channels, ditches, ditches, etc.;
d) For improper or excessive use of water, or to be used for uses not expressly authorized;
e) By contravening the prohibition set out in paragraph c) of Article 41 of this Law.
Art. 96.-The minutes of inspection or reports which, in compliance with their duties and functions, are raised or held by the officials or employees of the Ministry of Agriculture and Livestock, in relation to the provisions of this Law and its Regulations, They will assume exact and true facts of the facts found, as long as their inaccuracy, falsehood or bias is not proven.
Art. 97.-To impose and enforce the sanctions referred to in this Chapter and to order
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the suspension of the article 95 and the removal or destruction of the works referred to in Articles 6 (e) and 25 of this Law, the following procedure shall be followed:
The Official of the Ministry of Agriculture and Livestock is indicated in the Regulation, having knowledge of the infringement or of the (a) the Commission shall, in accordance with the procedure referred to in Article 3 (2), provide information and shall give an opinion to the person charged for the purpose of three days from the date of the notification. to do this, a copy of the respective report or report.
THE TERM OF THE HEARING WILL BE COMPLETED OR NOT THE OFFENDER WILL BE OPENED FOR INFORMATION FOR EIGHT DAYS. THE TEST SHALL CONSIST MAINLY OF THE PERSONAL INSPECTION AND THE OPINION OF THE EXPERTS, AND SHALL BE CARRIED OUT ON ITS OWN INITIATIVE.
THE PROBATIVE TERM IS CONCLUDED, THE AUTHORITY WILL DICTATE A DECISION, OF WHICH IF IT IS UNFAVOURABLE TO THE INFRINGER, IT WILL BE ADMITTED APPEAL TO THE SR. MINISTER FOR AGRICULTURE AND ANIMAL HUSBANDRY. THE APPEAL MAY BE BROUGHT IN THE ACT OF NOTIFICATION OF THAT DECISION OR WITHIN THREE DAYS OF THE FOLLOWING. (1)
Introduced the appeal, the Ministry of Agriculture and Livestock shall indicate day and time for the appellant to occur to manifest its right and if the appellant requests the opening to the test it shall grant it for the term of four days within the which shall be received by the appellant and which he or she considers to be relevant. That term, if any, or after the day of the hearing is terminated otherwise, will dictate resolution confirming or revoking the pronounced by the competent authority.
Of this last resolution there will be no other recourse, except the liability.
Art. 98.-Officials or employees of the Ministry of Agriculture and Livestock, referred to in this Chapter, may practice the proceedings relating to the procedures laid down by them, by means of an appeal or provision to the Mayors Municipal for due compliance.
CHAPTER X GENERAL AND TRANSIENT PROVISIONS
Art. 99.-The General Regulation of this Law shall provide for the necessary measures in relation to the formation and use of ponds, backwaters and other water storage facilities so as not to cause injury to other uses.
For the purposes of this Law and the respective Regulations shall be understood by riverbanks, girdles or side zones of the corresponding alveos or channels that are bathed by the waters in the ordinary growths.
Art. 100.-To pour unfaithful waters, cloacal waste or water of any kind in natural or artificial channels must be treated or cleaned in the manner provided by this Law and its Regulations or to install in the zone Lateral, giro or protection zones of natural channels, aqueducts, canals, waterworks or artificial storage of water, works or works which may infest or alter the waters, which by them circulate or contain, shall be observed previously provided by the regulations of this Law.
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The treatment or treatment that has previously been done in the waters and waste mentioned in the previous paragraph will be to the satisfaction of the Executive Branch in the Ramos of Agriculture and Livestock, and Public Health and Social Care, who will exercise the Surveillance and audit necessary, including in establishments manufactures, miners or farmers who with their activity are able to take the waters to take advantage of them.
Art. 101.-The Executive Branch in the Land of Agriculture and Livestock will dictate the necessary measures to:
a) Prevent water pollution;
b) Prevent the use of water that reduces soil fertility;
c) Protect the aquatic fauna and flora.
Art. 102.-The technical terms and concepts used in this Law and in its Regulations shall be construed as meaning or meaning to them in the corresponding Regulation in their respective glossary.
Art. 103.-When the Executive Branch in the Ramo of Agriculture and Livestock decrees the putting into service of a District of Riego and Avenement, or from the moment that said Power in the expressed Ramo takes charge of the administration of the Riego and In other areas, or since the operation of a Regant Association is authorized to deal with this Law, taxes, fees, fees and irrigation fees will be repealed that affect the corresponding jurisdictional waters.
When such Ministry adopts any of the provisions related to the foregoing paragraph, the notify the affected municipalities, which will be done through the Ministry of the Interior, and will be published in the Official Journal.
Art. 104.-The Executive Branch in the Ramo of Agriculture and Livestock will decree the putting into service of any irrigation and compromise system.
Art. 105.-In what is not provided for in this Law, the provisions of the Civil Code and the Code of Civil Procedure shall apply that are compatible with the nature of the matter in question.
apply to the roads or routes of communication and service of the Irrigation and Avening Districts, the provisions existing in other Laws on roads or roads.
Art. 106.-For the purposes of Art. 35 of this Law, the Directors appointed or elected in accordance with the literals (b) and (d) of that Article shall last for one year six months in the first period of their appointment or election.
Art. 107.-The Ministry of Agriculture and Livestock shall be obliged to issue the respective Rules of Procedure, within 90 days of the date of validity of this Law.
Art. 108.-The Law of Avenement and Riego issued by the Military Civic Directory is repealed, by Decree No. 458 dated December 11, 1961, published in Official Journal No. 234, Volume 193,
LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR ____________________________________________________________________
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dated 20 of the same month and year, and ratified by the Constituent Assembly, by Decree No. 4 dated January 3, 1962, published in Official Journal No. 1, Volume 194, dated 3 of the same month and year. All provisions contained in the Laws or Regulations in force shall also be repealed in any way that objects to this Law.
Art. 109.-This Decree will enter into force fifteen days after its publication in the Official Journal.
GIVEN IN THE SESSION OF THE LEGISLATIVE ASSEMBLY; NATIONAL PALACE: San Salvador, at the eleven days of the month of November of a thousand nine hundred and seventy.
RUBEN ALFONSO RODRÍGUEZ President-in-Office
ROGELIO SÁNCHEZ Vice-President
JULIO FRANCISCO FLORES MENENDEZ, First Secretary
ARMANDO MOLINA, JORGE HERNÁNDEZ COLECHO First Secretary First Secretary
MANUEL LASALA GALLEGOS, JOSÉ FRANCISCO GUERRERO Second Secretary. Second Secretary.
CASA PRESIDENTIAL: San Salvador, at the seventeenth day of the month of November of a thousand nine hundred and seventy.
PUBLEVIESE. FIDEL SÁNCHEZ HERNÁNDEZ President of the Republic.
ENRIQUE ÁLVAREZ CORDOVA Minister of Agriculture and Livestock.
PUBLISH IN THE OFFICIAL JOURNAL
ENRIQUE MAYORGA RIVAS Secretary General of the Presidency of the Republic.
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D. O. No. 213 Took No 229 Date: November 23, 1970.
REFORMS:
(1) D.L. NO 232, 27 APRIL 1989; D.O. NO 82, T. 303, MAY 5, 1989.
(2) D.L. Nº 603, OCTOBER 18, 1990; D.O. NO. 251, T. 309, OCTOBER 30, 1990.
PARTIALLY REPEALED BY: -D.L. NO 385, NOVEMBER 30, 1989; D.O. NO. 227, T. 305, DECEMBER 7, 1989.
NOTE:
BY D. L NO 385, ISSUED ON NOVEMBER 30, 1989 AND PUBLISHED IN D. O. NO. 227, T. 305, ON DECEMBER 7, 1989, THOSE LEGAL PROVISIONS CONTAINING EXEMPTIONS, FEES AND IMPORT TAXES WERE REPEALED.
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