R AND P OR B L I C TO OF C OR L OR M B I TO
R AND P OR B L I C TO OF C OR L OR M B I TO
DEPARTMENT OF THE ENVIRONMENT
NATIONAL STATUTE OF WATER
PROJECT OF DECREE
By which the NATIONAL STATUTE OF WATER is sent off, by means of which are regulated partially the Civil Code, the Law 23 of 1973, the Decree-Law 2811 of 1974, the Law 9a. of 1979, the Law 99 of 1993, the law 142 of 1994, the Laws 373 and 388 of 1997, and the Decree 955 of 2000 in relation to the state of code, use, management, aprovechamiento, conservation, restoration, recovery,and control of the hydrographic basins and of the marine, continental water, estuarinas and coastal
THE PRESIDENT OF THE REPUBLIC OF COLOMBIA
In exercise of the regulation legal authority and of its legal and constitutional attributions, and especially of the ones that confer it the numeral 11o. of the I articulate 189 of the Political Constitution, the Law 23 of 1973, the Decree-Law 2811 of 1974, the Law 9a. of 1979, the Law 99 of 1993, the law 142 of 1994, the Laws 373 and 388 of 1997, and the Decree 955 of 2000
D AND C R AND T TO:
NATIONAL REGULATION STATUTE OF
ADMINISTRATION AND PROTECTION OF THE WATER
PRELIMINARYHOLDER
CONTAINED, OBJECT, GENERAL PRINCIPLES AND
DEFINITIONS
I SURRENDER UNIQUE
I ARTICULATE 1o. Contained and Object. The present Decree, of applicable and general reach in all the national territory, contains the regulation of administration, use and protection of the superficial continental water and subterranean, and of the coastal and marine water; regular the rights and the obligations of the State and of the individuals for the conservation and adequate use of the water, and of its álveos or river bed, subterranean cloaks, beaches, funds and beds; establishes normswith the phenomena of contamination of the water and the media to counteract its polución and to assure its renovabilidad, recovery and cleaning in the cycle hídrológico; establishes the norms and general principles for the administration and protection of the water resources, and the mechanisms, instruments and competences for the code and the planning of the use, management, aprovechamiento, conservation, restoration, recovery and control of the offering and the quality of theEstatuye the concessions granting state, permission and necessary authorizations for the aprovechamiento the exploitation and adequate use of the water, as well as the instruments of control and caution, in charge of the different administrative authorities, and the state policivo of sanctions by the commission of infractions.
I ARTICULATE 2o. - Object of the Regulation.- The present Decree considers object to endow to the administrative authorities of adequate regulation instruments to face the growing degradation of the quantity and available quality of the water resources in all the national territory, to prevent its consequent harmful effects in the human health, in the renewable natural resources and in the social and economic development, and to favor an integral, sustainable and adequate management and integrated, of the water resources.
The dispositions of the present decree consider object an efficient and stable management of the water, that assure:
1) The preservation of the ecosystems and of the places, river bed and beds of birth, flow, deposit, filtration and natural storage of the water, as well as of the vegetation that constitutes its environment, so that take care of himself of the resource in itself, of its environment ecosistémico and of the flow and natural development of the water cycle.
2) The protection of the water against the diverse forms of polución and against its agents contaminants, the restoration of the quality and quantity of the superficial continental water and subterranean, and that of the quality of the water of the sea, inside the limits of the territorial sea, the continental platform and the exclusive economic zone, the floor and the marine subsoil, and all the alive or not alive resourcesThe marine middle, on which Colombia exercise sovereignty or other rights of economic exploitation.
3) The protection of the water as natural resource and its adequate use and aprovechamiento.
4) The economy, the savings and the efficient use of the water, and its value as economic resource, incorporated al process of social and economic development.
5) Its adequate distribution among the human population for its direct consumption, the use for the productive activities and the requests of the ecosystems; as well as the right to its access and to its legitimate use.
6) The satisfaction of the basic needs in home and drinkable water of the Colombian population, the adequate attention of the own demands of the hygiene and the public health as well as the adequate supply of the resource to the productive activities.
7) The conservation of the free course of the water and of the common right to its use, and the prevention, in the possible thing, of critical hydrologic phenomena such as the seasonal or space-temporary shortage of the resource or the floods.
8) The satisfaction of the environmental demands and its conciliation with the productive activities of use of the water, such as the agriculture and the irrigation; the fishing and the acuicultura, lake, river and maritime; the industry, the mining industry, the generation of electric energy and the river transportations; the tourism, the dissemination and the practice of sports náuticos and other human activities that constitute its legitimate use.
I ARTICULATE 3o.- Of the Public Utility and the Social Interest in the Ordering of the Hydrographic Basins and the Preservation and Management of the Water Resources .-The water is common patrimony of the Nation; therefore, its protection, its economy and its aprovechamiento in the framework of a full respect to the nature and al natural equilibrium of the ecosystems is a matter of general interest.
The preservation and the management of the water and the ordering of the hydrographic basins in order to obtaining an adequate one aprovechamiento of the water resources and other resources natural associates to these, are of public utility and social interest al state of it arranged by the I articulate 1o. of National Code of Renewable Natural Resources and of Protection al Environment (DL.2811/74); and by the articles 107 and 111Of the law 99 of 1993.
I ARTICULATE 4o. General principles.-The state politics of the national, regional or local, so much environmental order as sectorial, and the exercise of the functions attributed to the administrative authorities in relation to the administration of the water, they will be held, besides it contemplated in the law 99/93, to the following general principles:
4.1-Principio of Sustainability: The water will be administered attending to its condition of substantial and vital element of the nature, scarce and irreplaceable, not ampliable by mere irregular, human will in the form of being presented in the time and in the space, fragile and easily vulnerable, susceptible of successive and indispensable uses for the development and the conservation of the life in all its forms in the biosfera terrestrial, and for the exercise of theImmense majority of the economic activities, of whose quantity and sufficient quality depend the sustainable development, the health and the human welfare and the stability of the ecosystems.
4.2-Principio of Security.- The State and especially the administrative authorities that be competent in relation to the administration of the water, propenderán because its actions and measures aim at to assure to all the Colombians and to the ecosystems and diverse you form of existing life in all the national territory, the quantity and necessary quality of water for its normal development, for the development of the productive and economic activities and for the attentionThe domestic needs.
4.3.-Principio of Unit of Management and of Integral Processing of the Water Cycle. The subterranean, superficial, and continental water, of public domain or private, they will be you considered, as an unit resource inside the water cycle, and their code, use, management and aprovechamiento will be subjects al management unit principle and of integral processing, and limited or conditioned by the environmental regulations, attending to the priorities and demands of their conservation, aside from the others derived from the general interest.
4.4.-Principio of Planning.- The administration of the water in all the national territory should be planned, in the terms established by the Political Constitution, the law and the regulations, without damage that the right from the community be assured to participate in the environmental decisions that they affect it. The competent environmental authorities will arrange and they will order the necessary thing to assure the planning to that should be submitted public every action or of the susceptible individuals to affect the use of the water of public domain. The function of planning will exercise for the environmental authorities in the terms established by the law and by this Decree.
4.5.-Principio of Economy.- The savings and the efficient use of the resource and their costs of conservation and recovery will be determinant factors for the administration of the water in all their aspects, such as the obsession of rates, the services rates collection, the evaluation of the environmental impact of public or private projects, the construction and enlargement of networks and systems of acueductos and of districts of irrigation, the granting of licensesGranting of concessions, permission or authorizations of use of the resource, well be that it be utilized like intake to carry out some activity antrópica (be servant, industrial, agricultural, of services, or another any), or that it be utilized as medium to pour in it substances contaminants. The administrative authorities of the resource, and the users of the same one, be public or private entities, they should attend to this principle in the evaluation of the cost-benefit of any activity projected or under way that suppose the use of the water in any of its forms.
4.6.-Principios of Decentralization, Coordination and Efficacy. The administration of the hydrographic basins will be done for the Regional Autonomous Corporations and those of Sustainable Development of way decentralized and desconcentrada, through the Commissions of Code and Administration of Hydrographic Basins (COACH) and of the other administrative agencies that this decree establishes, attending to the characteristic geomorfológicas and associate-economic that they be own to each one of them, in form coordinated by all the environmental authoritiesThey have jurisdiction on their territory and with the necessary efficacy for the exact fulfillment of the goals of quality and quantity of the water offering and of the own purposes of the environmental code of the territory indicated for the respective basin. (Law 99/93.art.1. Nral 12o.)
4.7.-Principio of Supremacy of the Environmental Criterion.- The criteria of conservation, rehabilitation and recovery of the water will deprive above all another consideration or sectorial criterion, in harmony with the legally priority uses of the resource. The competences attributed to other different authorities to the environmental for the management and processing of the resource, or for the installment of the public utilities of drinkable water and saneamiento basic they should attend to this basic principle in the activities that develop. The public management of the water should be, consequently and in all the cases, compatible with the environmental code of the territory, the conservation and protection of the environment and the restoration of the nature.
4.8.-Principio of Common Participation.-The management of the use of the water and the administration of the hydrographic basins will cause assuring in the Basin management agencies the participation Of the users, public or private, and that of the community in general interested in the protection and conservation of the environment.
I ARTICULATE 5o.- Definitions. For the effects of the present Decree and the other norms and administrative acts that in their development be sent off, the following definitions are adopted:
5.1. -ACUÍFERO: They are the levels litológicos, layers of the subsoil, formations or groups of capable, geological formations to store and to transport water.
5.2. -BIRTH OF ACUIFEROS: Is the discovery of subterranean water and the works of excavation and extraction of a new well.
5.3. -ÁLVEO: Is the mother or the natural river bed of the currents.
5.4. -NATURAL SWEET WATER:Is that originating one of sources, spring, current or bodies of continental water in its physicist-chemical, biological, and natural conditions.
5.5. -RAW SWEET WATER OR WITHOUT TREATING: It is that that despite be natural and to be not contaminated is not apt for the human consumption, or that that having been contaminated complies with the most minimum requirements of the norms of quality and others standard environmental established by the competent environmental authorities, but without possessing drinkable to be respected aptitudes.
5.6. -TREATED WATER: It is that submitted to processing to eliminate its physical-chemical or biological elements contaminants, although be not apt for the human consumption
5.7. -DRINKABLE WATER:It is that that, by its conditions of physicist-chemical and biological quality, is apt for the human consumption according to the sanitary norms established by the Department of Health and the national and international standards.
5.8. -WATER SERVED OR BLACK: They are the water of waste that already have been used, with biological or physical-chemical contamination, and that are poured to a superficial natural current, al I am used or al subsoil, by a system of alcantarillado or by any another middle.
5.9. -SUBTERRANEAN WATER: They are subterranean water or subálveas all the ones that be found under the surface of the floor in the zone of saturation and in direct contact with the floor and the subsoil. Consequently, they are subterranean water all the ones that are found under the surface of the continental floor, or of the marine fund, or the ones that require for their aprovechamiento works as wells, galleries filtrantes or similar.
5.10.-AUTORIDAD ENVIRONMENTAL COMPETENT: Is the Department of the Environment, The Regional Autonomous Corporation or the Corporation of Sustainable Development that have jurisdiction in the respective territory and that be competent in the respective matter. Also they can be it in each private case the departments, the municipalities and the districts, included the Large Urban Centers, when they exercise own functions of the environmental authorities according to the competences that attribute them the Political Constitution, the Law 99 of 1993 and the regulations.
5.11. -WATER BALANCE: It is the application of the mass conservation principle of the water, or equation of continuity, to a certain basin, subcuenca or microcuenca hydrographic and to its components, defined in function of some you determined ecological conditions of the environment and of the estacionalidad.
5.12. -BIOENSAYO ACUATICO: It is the procedure that utilizes the biological, physiological answers and genetics of the aquatic agencies to evaluate, to detect or to measure qualitative or quantitative the presence or the effects of an or more substances, elements, composed, waste or fisico-chemical, biological, or environmental factors or a combination of these.
5.13. -CAPTACION OF WATER SUBTERRANEAS: It is every work or medium that permit the aprovechamiento and the use of the contained water in an acuífero. These can be: wells, drainage, galleries, trenches, socavones, wells of radial drainage and other similar.
5.14.-CARACTERIZACIÓN (OF A BODY OF WATER) : Is the complete description hidrogeológica, geomorfológica, geographical and cartográfica of a superficial or subterranean body of water.
5.15. -LOAD: It is the product of the concentration average of a substance by its abundant average, determined in the same place; himself express by the relation among the units of weight and time, or in kilograms for day (Kg/Day).
5.16. -NATURAL RIVER BED: It is the girdle of land that occupy the water of a current one al to reach its maximum levels by effect of the growing ordinary.
5.17. -CL96/50: It is the concentration of a substance, element, or composed that, alone, or in combination with other substances, produces the death al fifty percent (50%) of the agencies submitted to bioensayos, in a period of ninety-six (96) hours of exposition.
5.18. -CONCENTRATION (OF A SUBSTANCE, ELEMENT OR COMPOSED IN AN I LIQUIDATE) : Is the existing relation among the quantity in weight of an element, substance or composed, by unit of volume of the liquid that contains it.
5.19. -MAXIMUM ELEVATION AVERAGE OF FLOOD: Is the elevation natural average of the water of the last fifteen (15) years, so much for the highest as for the lowest.
To determine these averages will keep in mind themselves the data that supply the companies that arrange of them, and in the cases in which the information be minimum or nonexistent will respond to which can give the individuals.
5.20. -GROWING ORDINARY: It is the increase in volume that reaches the levels natural average among the maximums and most minimum reported for the current.
5.21. -BODIES OF WATER: They are the currents of superficial water, as the rivers, streams, broken and streams, the currents or wells of subterranean water, the lakes, gaps, marshes, spring, humedales, natural or artificial reservoirs of formation, the chucuas or madreviejas or the old river bed with seasonal flows, the estuaries, snowed, glacial, the bays, coastal gaps, inlets, estuaries, the gulfs, the adjacent sea and the high sea. It is distinguished between currents and deposits of continental water, as flow toward the sea, direct or indirectly, or they remain stagnant as in the bodies of water lénticos.
5.22. -WEDGE SALINA: It is the mass of salty water, with section in form of wedge supported in the base of an acuífero and with the vertex or foot toward the continental zone.
5.24. -DISCHARGE CONTAMINANT : Is any vertimiento or disposition of liquids, solid, or of solids in suspension in a current or body of water.
5.25. -ESTANDAR (IS) : It is the assembly of environmental norms of quality of the water of a basin, a subcuenca or a microcuenca or of a current or deposit of water, established by the competent environmental authorities.
5.26. -STANDARD NATIONAL OF QUALITY: It is the most minimum norm of quality of the water established by the Department of the Environment.
5.27. -FLOAT TO THE SIRGA: It is the navigation of a rowboat, ship or ship hauled by a cable since the edges.
5.28. -INFILTRACION: It is the volume of water that proceeds of the haste, of the rivers or of the recarga artificial, in a determined time, and that crosses the surface of the land occupying total or partially the poros of the floor or of the underlying geological formations.
5.29. -INTERFASE OF SWEET WATER - SALTY WATER: Is the zone of mixture in the wedge salina.
5.30. -INTERFERENCE OF ACUÍFEROS : It Is the one that occurs when the area of influence of a well al to pump it intersecta the area of influence of a neighboring well.
5.31. -MARINE INTRUSION: Is the permanent or temporary movement of the salty water land inside, displacing al sweet water.
5.32. -WATER DEPOSITS BED: It is the floor that occupy the deposits of water to where arrive the ordinary levels by effect of rains, thaw or diet of acuíferos.
5.33. -MUD: It is the suspension of a solid in a liquid originating from the processing or use of the water, of the liquid or solid residues in particles that in it have been poured, or of any activity that generate it.
5.34. -MATERIAL TO it DRAG OF CONTINENTAL CURRENTS: They are the solids that naturally or by deterioration factors effect, generated by causes antrópicas or not, are dragged for a current of water included the sedimentos in suspension.
5.35. -MATERIAL TO it DRAG MARINE: They are the solids dragged by the resultant, marine currents of natural processes or of factors of deterioration and contamination, they be or these not of origin antrópico, such as the originating of affluent river or of waste of ships, that remain in the marine fund or that arrive at the beaches and margins by effect of the swell and the tides.
5.36. -SAMPLING: It is takes it of representative samples to determine the nature, quality and volume of the resource during a specific period, that permits to define the characteristic fisico-chemical and biological of the water analyzed.
5.37. -LEVEL OF TOXICITY: It is the degree of toxicity of a substance, element or composed, or of a combination of these, diluted in the water, according to its capacity to affect in light, medium or serious form the human health and that of the alive agencies or its capacity to cause the death of these.
5.38. -PHREATIC LEVEL: Is the real surface of the water, in an acuífero free that it is in permanent contact with the air and therefore to atmospheric pressure.
5.39. -NORM OF QUALITY: It is the content or legally admissible concentration of elements, substances, or composed contaminants in the water, based on which its physical-chemical quality is determined and organoléptica and its uses are established.
5.40. -NORM OF VERTIMIENTO PUNCTUAL: It is the value or quantity, aforesaid in units of weight in volume, for time, of the maximum punctual discharge permisible in the zone of mixture of a body of water, of a substance, element, composed or environmental factor, or of a combination of these, or of its products of metabolism, that is established for the agency of competent basin for the purpose of avoiding or to impede modifications to the bossesOf quality average of the receiver water body, or to mitigate or to minimize the effects of said modifications, or to rehabilitate, to re-establish and/or to recover the physicist-chemical and biological quality of its water.
5.41. -NORM OF VERTIMIENTO NOT PUNCTUAL OR DISPERSED: It is the value or quantity, aforesaid in units of weight in volume, for time, and by surface, of maximum discharge in an area any of a substance, element, or composed, or of a combination of these, or of its products of metabolism, established by the agency of competent basin, for the purpose of avoiding or to impede modifications to the bosses of quality and abundant average of the bodies of superficial waterOr subterranean receivers in the area of you said vertimientos dispersed contaminants, or to mitigate or to minimize the effects of said modifications, or to rehabilitate, to re-establish and/or to recover the physicist-chemical and biological quality of its water.
5.42. -AGENCY OF BASIN (OR OF SEABOARD) COMPETENT: It is understood for Agency of Basin (or of Seaboard) Competent the Regional Autonomous Corporation or the Corporation of Sustainable Development that have jurisdiction on the respective territory or coastal and that act in exercise of a legal competence on the matter. If a same basin is administered for more than a Regional Autonomous Corporation or of Sustainable Development, the agency of competent basin will be each corporation, respectively, in the territory or I segment of the basin that administer, without damage of the mechanisms of coordination and of solution of controversies that treats the law and this decree. The Department of the Environment only will be able to act like agency of competent basin in the cases in which explicitly are authorized it the law and the regulations.
If among two or more Regional Autonomous Corporations or of Sustainable Development a Joint Commission of Code Regulation has been constituted and Administration of a hydrographic basin, the agency of competent basin will continue being the CAR or CDS that have jurisdiction on the respective territory, but the controversial decisions and the conflicts of competence will be consulted to the Joint Commission constituted by the corporations and in case of disagreement among therepresentatives of the corporations the Department of the Environment will settle the discrepancy, subject to concept of the National Counsel of the Water and of the Counsel of the Greater Hydrographic Basin.
5.43. -WELL: It is the vertical drilling, in general of cylindrical form and of a lot smaller diameter that the depth, in order to grasping levels or horizons acuíferos.
5.44. -WELL EXCAVATED: It is the subterranean water collecting work built by hand.
5.45. -WELL PERFORATED: It is the subterranean water collecting work built with mechanical teams of drilling.
5.46. -RIVER BEACH: It is the surface of land understood among the line of the low water of the currents and that where these arrive, ordinary and naturally in their greater increment.
5.47. -LAKE BEACH: It is the surface of land understood among the lowest and the highest natural and ordinary levels of the respective lake, gap, chucua or humedal, or humid zone.
5.48. -MARINE BEACH: It is the zone of material done not consolidate that it extends land inside since the line of the lowest tide to the place where it is presented a marked change in the material, form fisiográfica, or to where the line of permanent vegetation be initiated, that usually constitutes the effective limit of the waves of temporary.
5.49. -POINT OF DISCHARGE OR VERTIMIENTO PUNCTUAL: Any punctual place or place of vertimiento of a liquid or solid residue to a body of water, to a channel, to a system of alcantarillado, al I am used or al subsoil.
5.50. -RECARGA ARTIFICIAL OF ACUÍFEROS: It is the conduction and injection of considerable volumes of superficial water, or of subterranean water extracted, since the surface toward the subálveos of the acuíferos, well be taking advantage of natural conditions or utilizing artificial media, such as trenches, channels, reservoirs, wells, bombs extractoras and inyectoras, hoses and similar.
5.51. -RECARGA NATURAL: Is the volume of water that arrives at an acuífero during a period of time, originating from the haste or of superficial water.
5.52. -RESOURCE: It will be understood for such the glacial, subterranean, superficial water, meteóricas, marine and estuarinas, included the water served, as well as the places, river bed, beds and funds by where run or in which are placed. In each private case the term “resource” is equivalent of “water.”
5.53. -RADIO OF INFLUENCE : It Is the horizontal distance measure since the axis of the well to the limit of the cone of demolition originated by the maximum level of I pump.
5.54. -WATER RESERVE OF ACUÍFERO SUBTERRANEAN: It is the area that, according to a study hidrogeológico, permits recargar natural or artificially an acuífero.
5.55. -RESIDUE I LIQUIDATE: It is the element, substance or composed, contaminant or not, or the combination of these, or its product of metabolism in liquid state, originating from any activity that can affect al resource or to be poured in it, or in the floor or in the subsoil, in its natural conditions.
5.56. -RESIDUE I LIQUIDATE PUNCTUAL: It is that associate to an area that unloads or pours in a punctual way to a body of water.
5.57. -RESIDUE I LIQUIDATE NOT PUNCTUAL OR DISPERSED: It is that associate to an area that unloads or pours for infiltration or in a dispersed way and not punctual to a body of water.
5.58. -SYSTEM OF ALCANTARILLADO: It is the infrastructure works assembly, installations and employed teams for the disposition, harvesting, transportation or conduction, processing, evacuation and final disposition of the liquid residues or of water served or polucionadas, included the home public utility of alcantarillado.
5.59. -SURFACE PIEZOMÉTRICA OR POTENCIOMÉTRICA: It is a surface reserve guard that represents the total head of the subterranean water in an acuífero confined.
5.60. -SUBÁLVEO: Is the mother, cloak or subterranean bed of an acuífero.
5.61. -DANGEROUS SUBSTANCES: They are dangerous substances those that according to its chemical composition, its physical state and its level of concentration, can limit in a severe way the possibility to take advantage of the resource or to represent high risk for the human health, the renewable natural resources and the environment, or to be susceptible to cause the alive complex or upper death of agencies. (Animal. 189/94)
5.62. -TANK BURIED: It is any tank, including the subterranean tubing connected al same, that has the 10%, at least, of its volume under the floor.
3.63. -EARTHLY OF LOW TIDE: The ones that covers by the maximum tide are found and remain discovered when this low.
5.64. -TOXICITY: It is the property that has an element, substance, composed, or a combination of these, or its products of metabolism, to cause severe, medium, and light damages to the human health, or even the death, or to produce harmful light, medium or serious effects, or even the death, to any of the present agencies naturally in the resource, or to the associates to this, or to the ones that consummate them orThey use.
5.65. -SHARP TOXICITY: It is the property of a substance, element, composed, waste or environmental factor, to cause deadly effect or another harmful effect in four (4) days or less to the agencies utilized for the bioensayo aquatic.
5.66. -CHRONIC TOXICITY: It is the property of a substance, element, composed, waste or environmental factor, to cause changes in the appetite, growth, metabolism, reproduction, mobility, or to cause the death, or to produce mutations after four (4) days to the agencies utilized for the bioensayo aquatic.
5.67. -CONVENTIONAL PROCESSING: It is understood for conventional processing for potabilizar the water, the processes and operations of coagulación, floculación, sedimentación, filtration and disinfection.
5.68. -PROCESSING OF THE WATER : It Is the assembly of operations and necessary processes to improve their quality, independently that they do it or not drinkable.
5.69. -PROCESSING OF RESIDUES LIQUIDOS: It is the assembly of operations and processes to the ones that the liquid residues are submitted, with the purpose to diminish or to eliminate the elements, substances or composed contaminants, associates to the same.
5.70.- USES CONSUNTIVOS OF THE WATER. - They Are those in which the volume of water is consumed for the human beings or other alive beings or by industrial or productive activities of any nature.
5.71.- MEDIA USES OF THE WATER.- They are those in which the water is utilized as medium to pour other substances or to practice some activity
5.72. -USER: It is natural or legal every person, of public or private right, that utilize water taken directly of the resource, or of an acueducto; or indirectly by any middle of collecting or distribution; or whose activity, work or industrial process or of services, utilize the resource as medium or as intake; or that whose activity can produce vertimientos liquid or you unload contaminants in the resource in a direct way or indirect. User is presumed to all that that be found connected to a system of acueducto or to a source or natural body of water, and to whom be it to a system of alcantarillado. The ships that sail or dock for river ways or in the marine middle users by the alone fact of its activity are presumed.
5.73. -USER-ADMINISTRATIVE: It is the natural or legal person, of public right or of private right, or the community organized or constituted by department of the law, or the common business that administer the resource from the place of collecting of the water in its river bed or natural deposit, as well as the systems of the acueducto for its conduction, processing and supply to other users, and the systems of alcantarillado and drainageThe water by means of which are poured, once used, al same river bed of where originate or to another current or public domain water deposit. Likewise, user-administrative every person of public right is considered or of private right that administer districts of irrigation, dams or artificial, or central reservoirs or hydroelectric plants. It is understood for user-administrative of the resource who carry out all the previous activities in its assembly, or some any of them. They are, consequently, administrative users of the water the prestadores of the public utilities of acueducto and alcantarillado, be tried Businesses of Service I Publish (ESP) that they lend them by virtue of a services concession contract; or of the municipalities, districts or any another territorial entity that lend them in a direct way; or of some another agency or person, authorized by the law 142 of 1994 and by the regulations,The installment of you said public utilities. Also they are users-administrative of the resource the Large Urban Centers in relation to the water resources of the basin or basins of where take or where pour their water.
5.74. -EXISTING USER: It is that whose use of the resource in a specific source or whose generating activity of the collecting or connection to some system of use of the water, for end consuntivos, or to a system of alcantarillado or drainage of water served, has come being carried out before to the date of entrance in force of the present decree.
5.75. -NEW USER: It is that whose activity or connection to a water collecting system or of disposition of water served be initiated after the date of entrance in force of the present decree.
5.76. -VERTIMIENTO LIQUIDATE: Is any liquid discharge fact to a body of water, to a channel, to a system of alcantarillado, al I am used or al subsoil.
5.77. -VERTIMIENTO NOT PUNCTUAL OR DISPERSED: It is that in which himself not the exact point of discharge contaminant can be needed al resource, just as occurs with the vertimientos of escorrentía, the originating of manual or air application of agroquímicos, the caused by lixiviados and other similar.
5.78. -ZONE OF AIREACION OR done NOT SATURATE: It is the zone understood among the surface of the phreatic level and the surface of the land.
5.79. -ZONE OF MIXTURE: It is the technically specific area from the place of vertimiento, indispensable so that be produced mixes homogeneous of this with the body receiver; in the zone of mixture is permitted to surpass the criteria or norms of quality of the water for the use assigned, whenever they comply the norms of vertimiento.
PARAGRAFO 1o.- The definitions adopted in this Decree are not exhaustive, so that the words and technical concepts that have not been explicitly you defined, they should be understood in their natural sense, according to their meaning commonly accepted in the branch of the science or of the technique related to their main or pertinent use. For the use of concepts and not explicitly definite, or whose words meaning and application offer difficulty, and for their consequent and appropriate interpretation, the concepts will be accepted endorsed and the definitions adopted by the “International Standard Organisation” (ISO), them received by the world health Organization or by the pan-american Organization of the Health and those that they have been adopted in their regulations by the competent environmental authorities.
For the expedition of norms and standard, and attending al global character of the problems that affect al environment and to the renewable natural resources, the agency of competent basin, will be able to support their decisions in the experience or in technical, national or international studies of recognized scientific suitability, or in which, for equal or similar cases, they have served of technical base for the expedition of norms or the adoptionOf environmental politics of recognized efficacy in other countries.
PARAGRAFO 2o.- When the present regulation refer to water, the sweet water of public domain will be understood, be superficial or subterranean. When it refer in a generic way to the "basins" will be understood included all their categories.
REGULAR I
OF THE CONTROL OF THE WATER AND ITS RIVER BED, BEDS, BEACHES AND BANKS
I SURRENDER I
OF THE CONTROL OF THE WATER
I ARTICULATE 6o.- Of The public Domain and Private of the Water. Are water of public domain all the ones that reflect for the national territory, be superficial or subterranean. The water of public domain belong to all the Nation and their uses are public by belonging to all the inhabitants of the territory.
They are water of private control the ones that are born and die naturally in a same estate.
All the marine water and estuarinas are of public domain. Its use will be subject to the special rules that for them are established in the treaties and international covenants, the law, and the regulations.
I ARTICULATE 7o.- Of The public Domain of the Water and its Uses.- The use of the water, they be of public domain or private, besides being subject to it arranged by the Decree law 2811 of 1974 and other applicable regulation and legal dispositions, I will be held to it predicted in this regulation and to what the local and regional regulations and the corresponding administrative acts they arrange.
Nevertheless the public domain of the water, their uses will be subject to it established by the laws and the regulations and al granting of permission, authorizations and concessions, in the terms established by the law, by the present statute and by the other applicable regulations.
( Arts. 58 CN., 669, 677 Civil Code)
I ARTICULATE 8o. Of the Water of Private Control.- The superficial water that are born, sprout to the surface and die for natural reasons in a same estate are water of private control, but have an ecological function and their control and use will be able to be limited, to be restricted, to be conditioned or still to be extinguished, by the causes, and according to the procedures, that the law and the regulations establish.
( Arts. 58 CN., 669, 677 Civil Code)
I ARTICULATE 9o.- Of The Control of the Subterranean Water .-Are of public domain all the subterranean water, although its cloak acuífero itself extend not beyond the limits of a same estate.
The subterranean water, lightings or not, are water of public domain, and its use will be subject to the limitations and imposed requirements by the law, the regulations, the environmental authorities or to the restrictions that be born of the rights of third parties.
( Cfr.art. 677 Civil Code and art. 81 of the Decree Law 2811 of 1974).
I ARTICULATE 10o. Classification of the Control of the Water. The water can be of public domain or of private control.
1. Water of public domain:
Are water of public domain:
to). the so much, continental water the superficial as the subways, and all the currents of water, continuous or I you discontinue, that they reflect for natural or artificial river bed, unless they be born, they sprout to the surface and dwell naturally by evaporation or infiltration in a same estate;
b). the lakes, gaps, marshes, chucuas, madreviejas or humedales and the public reservoirs of natural or artificial formation;
c). the navies and estuarinas;
d). the meteóricas, that is to say, the ones that are in the atmosphere;
and). the cloaks acuíferos and the currents and deposits of subterranean water;
f). the originating of the atmospheric haste;
g). the edáficas;
h). those of them snowed and glacial;
I). the already utilized, served or black.
J). the water whose private control have herself extinguished by department of the law, in the terms predicted by the I articulate 82 of the Decree-Law 2811 of 1974.
K). the mineral water and termales on which not to exist straight acquired by the individuals before to the force of the Decree-Law 2811 of 1974.
2. Water of private control:
They are those that are born and die in a same ground, sprouting naturally inside the same one and being evaporated or disappearing completely under the surface by infiltration, inside the same one I found, whenever they originate not of the superficial current retention caused of water of public domain, or of the extraction of subterranean water, obtained by artificial media by means of the construction of civil works or by any another procedure ofThat the private control have himself extinguished by department of the law. Also, and continuing the same rule, are water of private control the ponds, estuaries or existing natural gaps inside a same estate, whenever themselves they be not fed with water originating in other grounds or of other bodies of water, or leave of them water that flow toward other grounds or sources of water.
The private control on the banks of the natural river bed of bodies of water does not authorize their owners to carry out works or works that can vary the natural course of the water in damage of the public interest or of third parties.
PARAGRAFO.- When it be spoken of water, without another qualification, those of will be understood public domain.
I ARTICULATE 11o.- Of the Imprescriptibilidad and Inalienabilidad of the Eminent Control of the State On the Water.- The eminent public domain of the Nation on the water is inalienable and imprescriptible. Its use by the individuals will be I subject al granting of permission, concessions and authorizations in the terms and conditions established by the law and the regulations.
I ARTICULATE 12o.- Of the Goods of public Domain Inalienables and Imprescriptibles of the State.- Save rights acquired by individuals before to the force of the Decree Law 2811 of 1974, are goods inalienables and imprescriptibles of the State:
to.the álveo or natural river bed of all the currents of water;
b.the bed of the natural deposits of water;
c.the lake, river, and maritime beaches;
d.a parallel girdle to the line of maximum tides, or to that of the permanent river bed of rivers and lakes, even in thirty (30.0) meters of wide;
and.the areas occupied by them snowed and the river bed of the glaciers,
F.the strata or deposits of the subterranean water.
PARAGRAFO 1o.- Save the cases of grounds judged by the INCORA later to the force of the Decree 1541 of 1978, the establishment of the girdle of parallel protection that treats the literal one d) of the present I articulate will be done for the procedure of expropriation established in the law and in this decree, subject to expedition of an administrative act by the agency of competent basin in which they be indicated thePublic utility and social interest and the environmental motives kept in mind to extract the girdle of protection of the free one negociabilidad and in which the size be expressed in a precise way and exact width of the area affected, which will remain outside of the commerce.
(I Articulate 83. DL2811/74)
I ARTICULATE 13o.- regulatory Nature on the Water Resources and General Principles of the Right. In matter of use and aprovechamiento of the water resources, they be of public domain or private, neither the common error neither the custom to create straight and all the norms that are atinentes to their code, aprovechamiento and use are of public order, so that cannot be transadas, renounced or bureaus by the State, their authorities or the individuals.
( Arts. 15 and 16 of the Civil Code, 8o. Law 153/87 and 107 Law 99/93)
I ARTICULATE 14o.- Of The Illicit Object in the Contracts on Water.- It constitutes illicit object the public domain water alienation by contracts among individuals, without mediating permission, authorization or concession offered by the agency of competent basin, that authorize who alienates the resource to charge a rate or price by the works of extraction or conduction or by the processing of the water for its potabilización or for its subsequent one vertimiento.
Likewise, every contract on the use of the water celebrated among individuals or with the intervention of some company or person of public right, in contravención of the environmental regulatory nature and of it arranged by the law and the regulations, will be understood that it has illicit object and it will be nil of full right.
I ARTICULATE 15o-. Abuse Constituents works of the Right.- Without damage of the penal and administrative effects to that there be place, and of it predicted in the law 99 of 1993, the works, avenamientos, dikes and similar built to deviate the water of public domain of its natural river bed and to deprive to other grounds of the legitimate right to its use will be considered like an abuse of the right, effective civil and sanctioned by the authorities. The agency of competent basin will order the demolition of the works to expenses of the offender and the highest fine will impose it than for the case they authorize the environmental dispositions.
I ARTICULATE 16o.- Of The Obligations of Possessors, Holders or Occupants of Grounds in which or by which reflect water.- The possessors, holders or occupants of a well real estate, rural or urban, they will have the same environmental obligations that their owners.
They will not be you considered like acts posesorios valid or as positive acts of occupation and admissible economic exploitation to acquire the control of a well real estate or to obtain the awarding of uncultivated national, respectively, those that they be violatorios of the norms on conservation and aprovechamiento rational of the renewable natural resources and the environment, such as them related to the care, aprovechamiento and management of the water resources and the codeOf the hydrographic basins, neither those acts of the possessors will be it neither or occupants that by the same cause give rise to the extinction of the control of private property of a rural ground. The judicial and administrative authorities will not protect, in no case, the possession or occupation of a well whose use by the possessor or occupant contravene the environmental dispositions and the norms related to the preservation, care and rehabilitation of the water resources. In all those cases in which test of the violation of such norms exist the possession or occupation will be renowned illegitimate.
I ARTICULATE 17o-. Of the Popular Actions by Damage or Wound al Right Collective.- The popular actions that treat the Civil Code and the law 472 of 1998, they will proceed against every act, fact or activity carried out by owners, possessors, occupants or rural or urban real estate goods holders that damage the springs, current, acuíferos subálveos and bodies of water and violate with you said acts the environmental norms with wound of the collective right to enjoy a healthy environment.
I SURRENDER II
OF THE CONTROL AND PROTECTION OF THE RIVER BED, BANKS, MARGINS AND BEACHES
I ARTICULATE 18o.- Of The Control of The Beaches, the Lands of low tide and the Maritime Water.- The marine beaches, the lands of low tide and the maritime water are goods of control I publish of the Nation, being also public their use for all the inhabitants of the territory. Consequently, they will be goods intransferibles to any title to the individuals, or by acts of alienation among these, who only they will be able to obtain on them concessions, permission, authorizations or licenses for their use and enjoyment, according to the law and the regulations and especially to the arranged thing in this statute.
Such concessions, permission, authorizations or licenses will not confer to their holders or right beneficiaries any device on the floor or the subsoil.
( Subroga art. 166 of the decree 2324 of 1984)
I ARTICULATE 19o.- Of The Control of the Margins, Beaches and Banks, River and Lake. - They Are of the public domain all the beaches and lake and river banks of the public domain water bodies, save the rights acquired before al Decree-Law 2811 of 1974. Nevertheless the public domain of you said goods, their use cannot be public or to be subject to permission or authorization, in the cases in which thus they establish it the law and the regulations.
I ARTICULATE 20o.- Accesiones of the Floor.- As for the rules to continue for the decision of the accesiones of the floor by retreat of the water, as in the cases of alluvium or avulsión, avenues, floods, rivers course change, fork of currents or rise of new islands, caused by natural phenomena, will be to it arranged by the Civil Code and by the laws and regulations in force.
Nevertheless, by reasons of public utility and social interest, the agency of basin or of competent seaboard will be able to be opposed, in the cases that treats the present article, to the accesión of the floor al private control, when such accesión impede it al agency of competent basin to control, to avoid, to prevent or to impede adequate the occurrence or recurrence of natural disasters in the area.
I ARTICULATE 21o.- Of the Protection of the Margins of the Bodies of Water and of the Responsibility by its Care. The river bed, banks, margins and beaches of the bodies of water and the same water will have special protection on the part of the authorities and their alone existence and geographical location generate obligations of care and caution in charge of the owners of the grounds riberanos and of who they use them, save the responsibility excuses situations, originating from fortuitous case, greater force, or facts of third parties.
The owners of the grounds riberanos will respond civilly by the care of river bed, banks, margins and beaches of all the currents or bodies of water situated in its grounds, or that they flank them or they cross, which includes the care of the protective vegetation, without damage of the administrative sanctions to that there be place.
The agencies of competent basin will be legitimized in the cause to require judicially the civil responsibility to that refers this I articulate, without damage of the popular actions for the defense of the collective rights, neither of the fines or other sanctions or imposed measures to the contraventores by the commission of infractions.
( art. 1005 of the Civil Code)
I ARTICULATE 22o.- Use Servants Stripes and Girdles of Protection of the margins of the Bodies of Water.- The margins of the public domain water bodies are you hold natural servants of common use, and to special protection, in all its longitudinal extension. The grounds riberanos to a body of water will be able to be limited in their control by the following protective areas:
A. A stripe of natural servants of public domain water bodies banks use, as wide as be necessary for the exercise of the uses authorized by department of the law, the navigation or float to the sirga, the administration of the course of water or of the lake, the fishing, and the hitch and carenadura of ships, in the terms established by the articles 898 of the CodeOf the Decree-Law 2811 of 1974. Such stripe should be free of buildings and cultivations and will be of a wide minimum of six (6.0) meters and maximum of twenty (20.0) meters since the highest line of the elevation of the water;
( Art. 1o. Law 59 of 1876)
B. A girdle of protection inalienable and imprescriptible of control of the State, that will be able to be demarcated by the agency of competent basin, attending to the characteristics of the land and to the environmental requests of protection of the body of water, to a width of thirty (30.0) meters, according to him established by the I articulate 83 of the Decree-Law 2811 of 1974;
C. A banks protection stripe in lands of private control, such as the calls you patrol of the rivers, in which, given the ecological function of the property, they will be able to limit or to restrict the uses of the floor, on the part of the agency of competent basin or of the municipal or local authority to which correspond, according to it established by the laws and regulations on spatial codeOf the territory, without being necessary the procedure of expropriation neither the declamatory one of the protective stripe thus demarcated as well inalienable and imprescriptible of the State, attending to the ecological function of the property.
(art. 5o nrales, 12o and 24o, art. 7o Law 99/93
I ARTICULATE 23o.-Faja Reserved of Protection of Control of the State in public Domain Water Bodies. The girdle of protection that treats the literal one d) of the I articulate 83 of the Decree-Law 2811 of 1974, will be determined and will exclude of the commerce by means of the administrative procedure and of expropriation established by the law and by this decree. The girdles thus established will be able to be delivered in use to the individuals by means of authorization of exclusive use, in the terms that treat the article 320 Bis and concordantes of the present decree.
I ARTICULATE 24o.-.Faja Additional of Environmental Protection. In the next zones to the estuary in the sea, in the immediate environment of the reservoirs or when the topographical and hydrographic conditions of the river bed and margins do it necessary for the security of persons and goods, or for the defense of the same bodies of water, will be able to be modified the width of the girdle of protection beyond its legal maximum permitted of thirty (30.0) meters, by means ofResolution motivated, proferida by the respective competent environmental authority, based on technical concept; but the portion that exceed of the thirty (30.0) meters of wide, that will have like an additional stripe of environmental protection, will continue being of the private control of its owner and will not be able to be declared well inalienable and imprescriptible of the State.
I ARTICULATE 25o.- Preventive Measures to Guarantee the Adequate Use of the Girdles of Protection. To prevent environmental damages and to guarantee the adequate use of the girdles of protection that treat the preceding articles, the agency of competent basin will be able to proceed preventively to its demarcation in any ground riberano and to require or to perform its enclosure, at the cost of the owner of the I found, even when itself there be not advanced on that portion of land the procedure of declamatory of inalienabilidad and imprescriptibilidad of theThe judgment of expropriation that in the respective cases correspond.
I ARTICULATE 26o.-Franja Environmental of Protection in Banks of Private Control .-Without it being necessary declaring it inalienable and imprescriptible as well of the State, the agency of basin or of competent seaboard will be able to impose, by administrative resolution, an environmental stripe of protection of banks, in order to limiting the uses of the floor aledaño to a body of water. The establishment of the environmental stripe protector that treats this I articulate will not affect the private control that on her have its owner neither will exclude of the commerce the area object of the demarcation, but will restrict and will limit its uses.it previous does not impede neither disqualifies to the environmental authority to proceed, in any time and according to the law, to declare happiness stripe as well inalienable and imprescriptible of theTerms established by the literal one d) of the article 83 of the Decree Law 2811 of 1974 and other norms concordantes.
In all the awarding of lands that do the INCORA, will proceed, in the same act of the awarding to delimit jointly with the agency of competent basin, the stripe of protection that treats the literal one d) of the article 83 of the Decree Law 2811 of 1974, excluding it of the qualification.
Even in currents or private control water river bed will be able the agency of basin to define the environmental protection stripe areas and to limit the uses of the floor aledaño. The statutes of use of the floor that send off the municipalities and districts will be able to limit the uses of the floor inside grounds of private property, even when they be not riberanos of river bed or public domain water bodies, in order to protect the water that by there flow or reflect and for the purpose of guaranteeing the renovabilidad of the resource and the decurso natural of the water cycle.
Being trying grounds of private property situated in the immediacies of the bodies of water, in which itself have not delimited the stripe to that refers this I articulate, when by mermas, deviation or desecamiento of the water, occurredBy natural causes, remain permanently al discovered all or splits of their river bed, beds or beaches, the floors that form them, although they agree to them mentioned grounds, they will have like part of the environmental stripe of protection.
I ARTICULATE 27o.- Of The Uses Restricted of the Stripes of Protection.- The protective stripes of the banks and margins that treat the preceding articles they will not be able to have different uses to those of protection forest, and when less al of protector-producing-forest, al of natural regeneration not arbórea, or to any compatible use with the protection of the body of water, without damage of the necessary uses for servants of traffic and other uses especially authorized.
In the high parts and averages of mountain of the births and courses of such currents, and in those areas or zones of the bodies of water in which the agency of competent basin thus determine it, the protective use-producing-forest should be done with native or ecologically compatible species with those that inside the specific ecosystem assure the renovabilidad of the water cycle. Such uses will be the unique admissible, by reasons of environmental conservation, without damage that in you determined segments of the margins be authorized appropriate different uses to its nature, such as the construction of harbor installations or of embarcaderos of navigation or fishes.
I ARTICULATE 28o. Method for Decision of Most minimum levels and Maximums of river bed - To determine the lines or ordinary levels, or the most minimum and maximum levels in a river bed natural(3.15), a bed of a deposit or body of water (3.30), a river beach (3.44) and a lake beach (3.45), they will have as such the elevations annual average of the last five (5) years, so much for the highest as for the lowest. For the decision of you said averages will keep in mind themselves the data that supply the IDEAM, the Regional Autonomous Corporations or of Sustainable Development and the other companies that arrange of them and in the cases in which the technical or scientific information it be minimum or nonexistent, it will respond to which can give the common associations of users of basin, the neighbors of the place or their local authorities.
I ARTICULATE 29o.- Of the Limitations of the Use of real estate for the Protection of the Hydrographic Basins.- The agency of competent basin will establish and will delimit, in the plans of code of the hydrographic basins of its jurisdiction, the uses of the floor environmentally permitted in each journey or portion of a body of water, in order to assure its adequate one aprovechamiento and protection.
Likewise, the agency of competent basin, al moment to give its approval to the environmental aspects of the plans of territorial code or of the basic plans and plans of code that treats the Law 388 of 1997, will establish and will delimit the uses of the floor environmentally permitted in each journey or portion of a body of water, with the same end to assure its adequate one aprovechamiento and protection, andThat its decisions be incorporated to the respective plans or plans that treats the law.
The plans, norms, permission or municipal or local licenses of zonificación of uses of the floor, that they determine the use permitted of zones aledañas to the bodies of water, as well as the plans of territorial code and the basic plans and plans of code that treats the the Law 388 of 1997, they will be held to the criteria and parameters of uses of the floor aledaño to the bodies of waterIt been established by the agency of competent basin.
REGULAR II
OF THE LIMITATIONS AL CONTROL
And OF THE STATE OF SERVANTS
I SURRENDER I
OF THE LIMITATIONS AL CONTROL AND
THE ECOLOGICAL FUNCTION OF THE PROPERTY
I ARTICULATE 30o.- Of the Limitations al Private Control.- They Are limitations al private control of the water and of the goods real estate riberanos to bodies and public domain water currents, the originating of legal or voluntary servants, be private or administrative, the born of the contracts, the taxes to certain activities you hold to permission, concession or authorization, and the limitations of imposed use by the laws and the regulations or by the administrative authorities according to theContained dispositions in these.
The private control of the water, recognized by the norms in force, should be exercised with subordination to the laws and regulations and inside the limits that impose the public interest and the quite common one, so that themselves be not disturbed or damage the right of third parties neither they be altered in form significant, or effective negative for the human beings, or for the other forms of life or the ecosystems, theOwn natural processes of the water cycle.
The private control and the uses privativos or restricted of the water will exercise for its holders and they will be controlled for the authorities attending al fulfillment of the ecological and social function of the property, established by the Political Constitution and the law, by which all the activities or omissions related to their exercise will be you hold to the limitations established by the law and the regulations.
I ARTICULATE 31o.- Ecological Function of the Property.- The ecological function of the property consists of the physicist-geographical, echo-biological role, or paisajístico that a movable property or real estate has or complies inside one or more ecosystems of the ones that forms splits member, or in which acts or intervenes in a permanent way or transitory, and in its contribution, through its uses and aprovechamientos, to the preservation and to the sustainability of such ecosystems. The given uses or permitted to any physical or biological resource, and more especially, al I am used and to the water of a ground, should be compatible with the sustainability of the ecosystem or of the ecosystems to the ones that belong, or in which by any circumstance intervene and act.
In each private case and, especially, in the hydrologic plans, the agencies of competent basin will indicate the determinant ecological functions for the definition of the uses permisibles of the water and the floor.
The ecological function of the property besides being a limitation al control of the rural and urban grounds, will be a decisive factor in the decision of their uses permisibles and will be respected as key environmental factor and priority, by the authorities of the diverse orders and levels, in all the processes of code of the territory and of the water resources, and in those of takes of decisions derived from.
I SURRENDER II
OF THE SERVANTS OF WATER
Section 1a.
General dispositions
I ARTICULATE 32o.- Water Servants Classes according to its Constitution.- The servants of Water can be natural, legal or voluntary, in the terms established by the I articulate 888 of the Civil Code.
The natural servants originate of the natural situation of the places, as that of escorrentía or I receive natural of water, and by the same thing do not require for their constitution of declamatory court or of administrative imposition.
The legal servants are them established in the law and the volunteers are those that have origin or are constituted for a fact of the man.
The legal servants of water can be private or administrative. The legal servants of water can be constituted in a voluntary way by means of contract, by judicial decision, or by administrative act, in the terms indicated by the law and by this decree.
I ARTICULATE 33o.- Administrative and Private Servants.-The private servants of water are born of a legal business or of a judicial decision, in exclusive interest of the individuals, according to the rules of the Civil Code; the administrative are taxes based on the law, by the competent authority, by means of administrative act motivated, based on reasons of public utility and social interest, for the adequate code, management and aprovechamiento of the water resources in a hydrographic basin, orThe installment of a public utility.
The private servants of water, constituted only in private interest as imposed obligations to a ground in utility of another of different owner, they will be governed entirely by the contained dispositions in the Civil Code and by it established to their respect in the National Code of Renewable Natural Resources and of Protection al Environment (D.2811/74), and in the regulations that fueren applicable. The conflicts or controversies that arise on the constitution, exercise or cessation of said servants will be of the knowledge of the ordinary judges, by the procedures established in the Code of Civil Procedure, without damage of the exhaustion of the prior phases of conciliation and arbitration that treats the present statute, when you split them decidieren to be submitted them.
The administrative servants of water are those that encumber to a ground by reasons of public utility and social interest, in order to ordering the adequate management of the water resources of a hydrographic basin, or of lending a public utility, without necessarily they serve in a specific way to a determined dominant ground. By means of the administrative servants are imposed it obligations to one or various grounds, and the positive obligation to carry out acts or abstentions to their owners, established by the law and the regulations, and indicated in the administrative act, in relation to the use, conduction or public domain water evacuation.
The administrative servants can be permanent or temporary, continuous or I you discontinue and active or passive, in agreement al Civil Code.
I ARTICULATE 34o.- Different Water Servants Types.- Are servants of water:
1. that of acueducto;
2. that of traffic for transportation of water;
3. that of traffic to agree al common use of water of public domain;
4. that of traffic and abrevadero of semovientes;
5. those of drainage, drain or alcantarillado;
6. that of escorrentía natural and the natural one of receipt of surplus water;
7. those of prey and stirrup;
8. that of irrigation;
9. that of supply of water for uses of machinery and industrial; and
10. that of use of banks for the navigation, float to the sirga and hitch of boats and rafts.
The definitions, the cases in which proceed and the media for the imposition or revision of said servants are the consecrated in the Civil Code, the Code of the Renewable Natural Resources and of Protection al Environment (DL.2811/74) and the present decree.
I ARTICULATE 35o.-Imposición of Administrative Servants of Water.- The servants of water that turn out to be necessary by virtue of the code and the administration of a greater basin, a subcuenca (Secondary or Primary), or a microcuenca or side of origin, will be taxes by the agency of competent basin, in exercise of the attribution that al respect confers it the nral. 27o of the I articulate 31o of the Law 99 of 1993, by means of resolution motivated, being its establishment of public utility and social interest, al state of it arranged by the articles 107, 111 and concordantes of the Law 99 of 1993.
In a basin submitted to ordering, every request or water servants imposition will be dealt with for administrative way before the agency of competent basin.
When with occasion of the process of ordering of a basin be necessary to redefine and to revise the existing servants in the grounds of the basin, to establish a rationaler system of connection, access, conduction, processing, distribution, use and evacuation of the water of public domain, the agency of competent basin will be able to revoke the existing servants, be private or administrative, and to establish new servants, according to the needs of the plan ofReordenamiento of the servants will not be able to create or to consolidate inequities, neither to deprive to no ground of the right to be provided of the necessary water for its industrial, farm, domestic uses or of services, as be the case.
They will not be able to allege straight acquired to maintain or to consolidate inequities in relation to the right one al access and common use, in conditions of equality and liberty, of the water of public domain.
I ARTICULATE 36o.- Motives of Public Utility and Social Interest for the Imposition of Administrative Servants of Water. They are motives of public utility and social interest for the imposition of administrative servants of water, according to the law, and especially for the effects predicted in the I articulate 67 of the Code of the Renewable Natural Resources and of Protection al Environment (DL.2811/74), the following:
1. The preservation, code, protection and management of the water resources and the ordering of the hydrographic basins, according to it established by the I articulate 1o of the Code of the Renewable Natural Resources and of Protection al Environment (DL2811/74) and by the I articulate 107 of the Law 99 of 1993.
2. The preservation or strategic importance areas acquisition for the conservation of the water resources that supply of water the acueductos municipal and local, according to it estatuido by the I articulate 111 of the Law 99 of 1993.
3. The attention of dissatisfied basic needs of acueducto and drinkable water to a population, or to a rural or urban community, in agreement al use priority principle of the water established in the nral. 5o of the I articulate 1o of the Law 99 of 1993 and in the law 142 of 1994.
4. The construction of acueductos destined al irrigation and all types of works or constructions for the aprovechamiento, exploitation and water prey use, reservoirs, works of irrigation, acueductos, as well as for the aprovechamiento hydraulic, industrial, agricultural or pecuario of said works, according to it arranged by the I articulate 8o of the Law 98 of 1928 and by the articles 1o and 2o of the Decree-Law 407 of 1949.
I ARTICULATE 37o. Of the Imposition of Compulsory Servants of Water.- The agency of competent basin will be able to impose for administrative way, by means of resolution motivated, based on the motives of public utility and social interest declared by the I articulate 107 of the Law 99 of 1993, and in development of the plan of ordering of the respective basin, the compulsory servants of water that fueren necessary for the code and adequate management, aprovechamiento, use, conservation, rehabilitation and recovery of the water resourcesOf a hydrographic basin.
I ARTICULATE 38o. Imposition of Servants to Request of the Common Associations of the Basin.- The common associations of users of basins will be able to request al agency of competent basin the imposition of administrative servants, or the revision of the already existing, for the administration and regulation of the use of the water understood inside the zone delimited of the basin where operates the association. The request in such sense approved by the association, with the favorable vote of the simple majority of its general assembly, will have like sufficient motive to consider, based on the public utility and the social interest declared by the law, the establishment of the administrative servants of water requested, or the revision of the already existing, without damage of the imposition of the ones that in the opinion of the agencyBasin they be necessary for the adequate administration and regulation of the use of the water of the respective basin.
I ARTICULATE 39o.- Public Registration of The Servants.- The administrative servants of water, once in firm the administrative act that impose them, they should be registered in the Public Instruments Registration Office of the place in the real estate agency registration sheet pertaining to each one of the real estate affected, besides the formalities separated of the special registration of water that treats the Title XII of this decree.
The servants established according to the law, they will encumber also all the grounds in which should they be executed works for the aprovechamiento of subterranean water and for its conduction, of luck that the corresponding registration of the servants will be done in all the grounds that in this manner be affected.
I ARTICULATE 40o .- Of the Revision of the Servants.- The variation of the circumstances that they gave place al establishment of a compulsory servants will give rise to its revision and until to its unilateral revocation, on the part of the competent authority, depending on the motives that kept in mind itself imposing it and of the needs that subsist related to the imposed obligation.
I ARTICULATE 41o.- Reach of the Servants for the Aprovechamiento of Subterranean Water .-The servants established according to the law, encumber also to the grounds in which should be executed works for the aprovechamiento of the subterranean water and for its conduction.
Section 2a.
Of the Servants of Acueducto
I ARTICULATE 42o.- Servants of Acueducto. Definition.- The servants of acueducto consists of that they can be conducted the water of public domain, they be superficial or subterranean, by the estate servant, to expenses of the interested or interested in utilizing those water.
By means of the servants of acueducto is offered al proprietary of an estate, that need to be served of superficial or subterranean water of public domain to arrange and to use of them, or to evacuate the surpluses, the right to cause to pass for the intermediate grounds among their farm and the bocatoma where the fresh water are devious or the surpluses poured, with the obligation to carry out the works of extraction and conduction toIts charge and to compensate the owners of the grounds servants by the constitution of the servants, this is, by the value of the lands that the works of the acueducto occupy, if that fuere the case, and by the damages that its establishment and operation I caused them (art.923 of the Cod. Civ.) The servants is an imposed obligation al ground servant in favor of the dominant ground, with independence of who be its owners.
The dealer or the use permission holder of the water will be obliged, in the terms established by the article 68 of the Decree Law 2811 of 1974, to bear, without compensation, the limitations of the control, servants and other restrictions on the goods that take advantage of, taxes by motives of public utility or social interest, by means of law or convention.
PARAGRAFO 1o.- So that a ground remain subject to servants of acueducto is indispensable that be not feasible to conduct the water economically by estates that belong al solicitante or to the beneficiaries of the servants.
PARAGRAFO 2o.- The servants of acueducto is compulsory, be that it be imposed in public interest or in private interest.
PARAGRAFO 3o.- The same rules of the servants of acueducto will apply the servants of irrigation, drainage, drain and alcantarillado.
I ARTICULATE 43o.- Of the Origin of the Imposition of the Compulsory Servants of Acueducto.- Every ground is subject to the servants of acueducto in favor of another ground that lack the necessary water for the cultivation of sementeras, plantations or pastos, or in favor of a populated that need them for the domestic service of its inhabitants or in favor of an industrial establishment that require them for the movement of its machines or for its Industrial processes. ( art. 919 of the Civil Code)
According to the I articulate 46 of the Decree 1382 of 1940, is presumed encumbered with servants of acueducto every ground that be crossed by a derivation of water originating from currents of public use. The currents can be superficial or subterranean.
The agency of competent basin will be able to impose for administrative way, in accordance with the law and to the regulations, the compulsory servants of acueducto to the grounds aledaños or neighboring to a body of water, if the economic, sanitary, and domestic needs of the community, or the aprovechamiento of the water or its evacuation thus it exigieren.
The same compulsory servants will be able to be imposed for jurisdictional way before the ordinary judges, when be a matter of a servants in private interest, in a basin does not hold to ordering.
When in a basin, sub-basin or micro-basin have themselves constituted a common association of users of the basin, the water servants requests that the association formulate will have like servants in public interest and they will be dealt with for the administrative procedure and by the motives of public utility and social interest that for the imposition of such servants this decree establishes.
I ARTICULATE 44o.- Of the Priority of the Human Consumption of the Water in the Establishment of Servants.- For the imposition of the servants of acueducto will have primarily in account the principle established by the I articulate 1o. numeral 5o the law 99 of 1993, in agreement al which in the utilization of the water resources the human consumption will have priority on any another use. It is understood for human consumption, for these effects, the use of the water destined exclusively to the attention of basic needs and servants of the persons.
The establishment of administrative servants of acueducto will attend with priority the dissatisfied basic needs in matter of drinkable water and saneamiento basic, according to it established by the Nral 2.8. of the art. 2o of the Law 142 of 1994.
The public utility of acueducto is an essential public utility.
I ARTICULATE 45o. Of the Applicable Norms to the Acueductos derived from Concessions of Water.- The right that you grasped al regular of a concession of water to conduct them through fundos alien will be independent of the purpose or class of the concession and will be governed for the arranged thing for the servants of acueducto in the Civil Code, in the National Code of Renewable Natural Resources and of Protection al Environment, in this statute and in the regulations and other norms that fueren applicable.
I ARTICULATE 46o- Imposed Servants in the Water Concession Act.-If the servants of acueducto should be imposed in public interest for the ordering of a basin or for the installment of a public utility, in the act that the concession confers or mercy of water will be able to establish the servants of acueducto necessary for the conduction of the water to the grounds of the users, if fueren rural. If it is a matter of urban grounds, the agency of competent basin will constitute the servants to where arrive the limit of its jurisdiction, before being connected the acueducto to a municipal or local plant of processing for its potabilización, or to a municipal, local or common network of home distribution to the users.
The establishment and imposition of the servants of acueducto in general interest, inside the urban perimeter and of services, to urban grounds of the municipalities or districts or of the Large Urban Centers, for the installment of the public utility domicilario of acueducto, will correspond to the municipal or local authorities, as be the case.
I ARTICULATE 47o.- Servants of Water on Channels of Common Private Property.- When a conductive channel of water of public domain not perteneciere to all the ones that of him intend to be served and not existiere agreement among its owners and who they need to utilize it, to enjoy a concession of water on those that by him reflect will be constituted the respective servants by administrative way, by the agency of competent basin, to supply the service of acueducto to the private grounds that not itThey have.
Said servants will be constituted, if there is not another efficient and more economic way to provide of water al solicitante, and whenever the beneficiary of the servants be done charge of the payment of them owed compensations by the works already executed and by the ones that should they be executed to do cash the servants of water and the concession of their use.
In the case that treats the present article, the agency of competent basin will redistribute the abundant concesionados to each user on the respective current, so that the new concession of use be fairly borne by all the users with the most minimum individual impact for each one of them.
( Decree Law 2811 of 1974 art. 162 Inc. 2o)
I ARTICULATE 48o.- Compensations in Servants of Acueducto.- The beneficiary or the beneficiaries of a servants of acueducto, be private or administrative, they should compensate al owner of the ground servant by the value of the land, and by the damages and damages that themselves it ocasionaren with occasion of the establishment of the servants and of the works or facts that of their constitution or exercise resultaren, according to the rules established by the I articulate 923 Civil Code.
There it will not be place to compensation by the value of the lands of a servants of acueducto, if the conduction of the water is done for hoses with not greater diameter of eight inches (8”) or by subterranean tubing, whenever they be not disqualified with you said systems of conduction sementeras or areas that before the constitution of the servants could be taken advantage of economically by their owner. In such case only will proceed to compensate al owner of the ground servant by the damages that the works or the operation and operation of the hoses it ocasionaren.
If a ground servant fuere beneficiary of a network of acueducto or alcantarillado with occasion of which has been submitted at the same time servants of acueducto, the agency of competent basin will be able to compensate, by reasons of equity, the benefits received by the ground servant, with the value of the compensations to the ones that have the right the owner of the ground by the establishment of the servants.
There it will not be place to any compensation in the case predicted in the article 68 of the Decree Law 2811 of 1974.
In the servants of water in public interest, taxes by the administrative authority, the compensations in favor of the owners of the grounds servants will be reckoned for the agency of competent basin, and if discrepancy there be, will be done through experts, whose coasts will cancel the solicitante of the servants and they will be paid al owner of the ground servant in the opportunity in which the environmental authority by act require itAttending to the other procedures established in this decree.
I ARTICULATE 49o.- Environmental regulatory Nature for Prestadores of Home public Utilities of Acueducto AND Alcantarillado.- All the prestadores urban and rural of the home public utilities of acueducto and alcantarillado, be public companies or of private right, as the businesses of public utilities (ESP) and other agencies paymasters by the law for the installment of such services, remain subject to the environmental norms of the present decree and al fulfillment of the requirements in it established for the use of water originating from bodies of waterPublic domain and of them extracted of acuíferos subterranean, and their activity will be submitted to the rules and conditions of use of the water resources established in the norms and hydrologic plans in force and in the corresponding administrative acts that they have offered the permission, the concession or the corresponding authorization.
I ARTICULATE 50o. Imposition of Servants by the Superintendencia of public Utilities- The imposition on the part of the Superintendent of public Utilities of the servants that treats the I articulate 6o of the law 142 of 1994 versará on the necessary municipal goods so that an acueducto can operate, in the cases predicted by said norm, and when has done herself necessary the exceptional intervention of the superintendencia in defense of the users and to protect the health and the welfare of theBut all new servants of water that be required to derive or to exploit water originating from public domain water bodies or of acuíferos subterranean, should be imposed by administrative way by the agency of competent basin, according to it established in the plans and water programs of the respective basin and in this decree.
I ARTICULATE 51o.- Extinction of the servants. The servants are extinguished for the causes predicted in the Civil Code or in the law; or by being suspended their use for two years; or when the goods on which fall find in such state that be impossible to make use of them during the same interim; or by prescripción of equal time limit; or by the decaimiento to that refers the I articulate 66 of the Administrative Quarrelsome Code, ifOf administrative act.
( cfr.art 120 law 142 of 1994)
Section 3a.
Of the Other Servants of Water
I ARTICULATE 52o.- General Competence of the Environmental Authorities to Impose Servants of Water.- The agencies of competent basin will be able to impose also, in every basin submitted or not to ordering and by reasons of public utility and social interest, the compulsory servants of prey and stirrup, and those of stop or partidor, in the cases predicted by the law; as well as those of step or traffic of persons, semovientes or vehicles, when be a matter of guaranteeing or to facilitate the access to river bed, water or bodiesOf water of public domain for its diverse uses.
The agency of basin al that correspond will be competent in a general way to impose in a basin holds to ordering, inside the territory of its jurisdiction, all the servants of water by administrative way that fueren necessary for the adequate code of the hydrographic basin and of its components.
I ARTICULATE 53o.- Compulsory Servants of Irrigation.- It is understood for servants of irrigation the assembly of imposed obligations to a ground, necessary to assure to a property, or to an assembly of estates, the conduction of the water for the irrigation of its cultivations and sementeras and to arrange of its drain or evacuation.
The servants of irrigation is a form of the servants of acueducto, and will include those of drainage or drain, alcantarillado, receipt of surplus water, and the other that by their nature they concur or they be required in the plan of the district or area that intends to water.
The servants of irrigation in public interest will be taxes by the agency of competent basin. In case to be try a basin submitted to code and in which the servants refer to a district or area of irrigation (administered by the National Institute of Adaptation of lands INAT), the agency of basin will impose the administrative servants based on the plan and program of operation of the district, (submitted to their consideration by the INAT).
The National Institute of Adaptation of Lands INAT will be able to establish the compulsory servants of irrigation for the grounds located inside the districts of irrigation operated by the Institute or for those that be required to operate it.
( Note: This point is found still in consultation with Minagricultura and INAT-. Al to seem the INAT does not administer already districts of irrigation, which have been delivered individuals. Of another part the announcements of the government on the liquidation of this institute should influence in the final editing of the text that be proposed.)
The Basins Users Associations can request al agency of competent basin the establishment of compulsory servants of irrigation by administrative way, or this will be able to impose them directly, when they be required for the management of the water resources inside the plan of code of the basin and when the needs of the grounds or of the communities thus require it.
I ARTICULATE 54o. - Of the Compulsory Servants of Traffic to Agree to Water of Public Use.- By scientific, tourist, recreational reasons or other of public interest and common utility, is able the agency of competent basin to establish compulsory servants of traffic to agree through private lands al common use and by department of the public domain water law.
I ARTICULATE 55o.- Of the Water Reception Servants.-The lower grounds are subject to receive the water that naturally and without work of the man they descend of the upper grounds, as well as the land or stone that drag in their course. Neither the owner of the lower ground can do works that impede this servants, neither that of the upper works that they aggravate it.
If the water fueren product of birth, surpluses of other aprovechamientos, or if there be altered of artificial way its spontaneous quality, the owner of the lower ground will be able to be opposed to its reception, with right to require resarcimiento of damages and damages, of exist not the corresponding servants.
The owner of a lower ground submitted to reception of water of an upper ground, will be able to ask the establishment of a servants of drainage in order to regular the natural avenues of rain water or of the surpluses that be product of rains and floods, when the reception of the water cause it damages.
In the servants to drain and I receive of water will continue the rule established in the article 109 of the Decree Law 2811 of 1974
Section 4a.
Of Some Special Rules Related
with the Servants of Water
I ARTICULATE 56o.- Agreement of the Imposition of Servants and other Limitations of the Control with the Applicable Hydrologic Plans. Based on the declamatory one of public utility and social interest, of the articles 107 and 111 of the Law 99 of 1993, and in agreement with it established by the articles 8o. of the Law 98 of 1928, and 1o and 2o of the Decree-Law 407 of 1949, the agencies of competent basin will be able, by administrative way, and in exercise of the legal authority that explicitly attributes them the nral. 27o of the I articulate 31o of the law 99 of 1993, to order the establishment and imposition of servants for the construction of acueductos destined to human consumption, domestic uses, irrigation of cultivations and industrial, agricultural hydraulic supplies or of services, as well as to order all types of works or constructions for the aprovechamiento, exploitation and water prey use, reservoirs, works of irrigation, networks of acueductos and for the aprovechamiento hydraulic,Or agricultural of said works, according to the law and the regulations and in agreement with the norms and political established in the National Hydrologic Plan and in the applicable plans to the respective basin or to the grounds that be affected.
I ARTICULATE 57o. Protection Policivo of the Servants.- In case of usurpación, disruption or denial of the exercise of a servants in private interest will be coming the protection policivo with the purpose to re-establish the situation or the things al state in which they were found before the spoils, denial or disruption of their exercise by the activity of a third. The request of protection can be formulated for the part affected and interested in any time, unless the servants there be himself extinguished.
The agency of basin will impose the corrective measures and of environmental police that treats the law 99 of 1993 when they be necessary to re-establish the normal exercise of the administrative servants disturbed. It corresponds to the municipal mayors and to the inspectors of police to protect policivamente a servants of water to request of any interested, or of the Common Association of Users of basin, or to take the measures and necessary actions so that cash be done a protection policivo ordered by an agency of competent basin.
If it is a matter of administrative servants, any person interested will be able to request al agency of competent basin to take the measures policivas of the case to guarantee the normal exercise of the servants disturbed, without damage of the sanctions to that place against the disruptive one he there be.
The complaints and protections policivos on servants of water should be failed for the competent authorities in a not upper time limit to sixty (60) days calendars.
The public force will be in the obligation to lend its contest to do cash the measures of protection.
I ARTICULATE 58o.- Inspection of works and Implementos of the Servants of Water. The officials of the agency of competent basin and the owners of the dominant grounds will have the right to inspect in the grounds servants the ductos, hoses, tanks, tubings and other works, implementos and installations established for the acueducto and to advance the repairs and adequate activities of maintenance that be necessary.
Doing it will suffice to request permission of income to the property to their owner or to do it in the schedules and opportunities that this last have reasonably set, that they will not be able to be lower to two (2) times for month. To whom, having the right of inspection that treats this I articulate, it fuere denied will be able to cause to accompany for the public force. The authorities of police are in the obligation to cause to respect to their holders the right of inspection and maintenance of servants to that refers this I articulate.
The agency of competent basin will be able to establish in the same administrative act in which is constituted a servants of water, or in subsequent act, the schedule, the frequency and the conditions in which the owners of the dominant grounds, or its clerks, can exercise the right of inspection that treats this I articulate.
I ARTICULATE 59o.- The Compensations by Servants do Not Constitute Payment by Water.- In the water servants cases the compensation or price that in any moment be paid the owners of the grounds servants by the constitution or the exercise of a servants, that is to say, by the value of the land and the damages that himself ocasionaren, according to the rules of the Civil Code, itself will not be understood like a price by the alienation of the water of public domain thatOf the servants are utilized.
Section 5a.
Of The Procedures for the Imposition of
Administrative servants of Water in Public Interest
I ARTICULATE 60o-. Origin of the Imposition of Administrative Servants of Water in Public Interest.- The imposition by the agency of competent basin of administrative servants of water in public interest, will proceed when the water, or the servants to be imposed, be going to to be used or destined for the fulfillment of some of the following end:
1. When be necessary the ordering or regulation of a hydrographic basin, and as a result of said ordering or regulation.
2. To attend a home urban or rural public utility of acueducto or alcantarillado, be that this be lent for a municipality or district in a direct way, or through an or several Businesses of public Utilities (ESP), or through any another company or agency, public or private, legally paymaster for the installment of such public utilities.
3. Supplying of water or of the services of acueducto or alcantarillado to a common association of users of basin.
4. Supplying of water or of the public utilities of acueducto or alcantarillado to a rural community, be that it be a matter of a simple community of users created by department of the law, as the predicted one in the I articulate 162 of the National Code of the Renewable Natural Resources and of Protection al Environment (DL 2811/74), or that be found organized like association of users of the agrarian reform, common business,Or under any another conventional associative form legally authorized.
5. Supplying water to a district of irrigation administered by the National Institute of Lands INAT, or to attend the needs of irrigation of a community organized of users or constituted like common association of users of a basin.
6. Permitting the traffic of persons, semovientes or vehicles to agree to currents or public use water bodies, for the purpose of exercising on said water some common use.
7. Permitting the access to public use water bodies to water transportation vehicles.
8. Preventing natural catastrophes.
9. Facing some emergency caused by natural disasters, as floods, fires, earthquakes, avalanches or other similar phenomena.
10. to assure the free navigation, the fishing or the float of ships.
(Note: is observed the inclusion of elements that develop regulation the law 142 of the 94 or of public utilities)
I ARTICULATE 61o.- Competence for the Water Servants Imposition in Public Interest.-Of position, at the request of any interested, or by request of a common association of users of basin, the agency of competent basin will be able to impose directly, by the motives of public utility and consecrated social interest in the law, and in exercise of the legal authority that confers them the nral 27o of the I articulate 31o of the Law 99/93, all the servants of water that be necessary for the adequate codeManagement of the water resources of a hydrographic basin submitted to ordering, for the supply of water to a plural community of users in the cases indicated in the I articulate precedent, to prevent or to face natural disasters or in order to assuring the inhabitants of the territory the common rights of navigation and fishing.
I ARTICULATE 62o.- Verification of Requirements for the Imposition of Administrative Servants .-The agency of competent basin should verify, when be going to proceed to the imposition of administrative servants of water in public interest, that, besides existing some of the motives of public utility and social interest from those to the ones that refers the I articulate 60o of the present statute, concur, regarding the body of water of where originate the ones that will be conducted by an acueducto, or in whichthe already they used, or to whose respect the servants will be imposed, the following circumstances:
to). that the water be of public domain, be tried superficial or subterranean water;
b). that the body of water belong to a basin, sub-basin or micro-basin, submitted to ordering according to this statute, or that the water or the servants of water that They should to be imposed they have some of the uses or end established in the I articulate 60o. of this decree;
c). that a concession exist previously, permission or authorization for the use of the water or to carry out the vertimientos predicted;
d). that the imposition of the servants be necessary to be able to make use of the water it granted, in economic, efficient, and technical form by its users, or to carry out the vertimientos authorized;
and). that the servants or servants that to should to be imposed be necessary for the code, use, management and aprovechamiento adequate and sustainable of the water They granted and of the water resources of the hydrographic basin to which belong.
The previous aspects, or that that in each case correspond, they should be you considered in the part motivates of the administrative act that impose the corresponding servants.
I ARTICULATE 63o.-Citación for Public Audience. Previously to the water servants imposition in public interest by administrative way, the agency of competent basin will cite personally to each one of the owners of the grounds that will be affected, as servants or dominant, to a public audience, that will be celebrated inside the ten (10) following days, in the municipal head or in one of the municipal heads of the region concerned, to report them on theIt programs of establishment of servants and to listen its opinions. If the notification cannot be done personally will suffice to leave a notice of the respective assembly of the audience to an of legal age person that be found in the ground and that he say to be clerk of the owner or to live in it, or to set the notice of assembly to the audience in the door of the main house of the farm or in the most visible place of access al ground,Nobody there it be to attend the personal notification or to receive the citation.
If the servants projected affect to all or to the majority of the grounds of a common association of users of a basin, he will be cited to a general assembly of the association to carry out in her said audience.
I ARTICULATE 64o.- Celebration of the Audience and Agenda. The public audience, thus called by the agency of competent basin, will consider object to inform the users on the volume or quantities of water concesionadas for use consuntivo common, or on the common quantity reckoned of water to be evacuees, if estuvieren involved like beneficiaries of the servants, and especially on the following aspects of the servants that are projected to establish:
A. Places, grounds and surfaces that will be affected;
B. Works that should be built and media of conduction of the water object of the servants;
C. Modality of its exercise;
D. I mount and forms of payment reckoned of the compensation and of the works to execute;
E. Grounds affected like servants and grounds had as dominant, or indication of the beneficiary or beneficiaries of the servants or of the water concesionadas;
F. Draft of distribution of the water among the users, if the servants involve them like beneficiaries (data such as: quantities of water by punctual user or by ground, aforesaid in liters, for hour, and for day; schedules of supply and of connection and desconexión; program of distribution for dry months and for rainy months and other aspects that impact in the distribution of the water among their potential and present users);
g. physicist-chemical and biological Quality of the water, if the water is for domestic use, systems of processing, if there are them, and conditions of the water for agricultural and industrial uses;
H. Rules on vertimientos, if the servants is of evacuation drain or alcantarillado;
I. Vengeful rates and compensatorias, if there be them;
J. Rates of use of the water, for basins in ordering where its collection I was adopted;
K. Cares and maintenance of the systems of conduction of the water and of the civil works you enclose, risks and dangers of the system of conduction and responsibilities of the servants grounds owners and dominant
L. Other aspects that in the opinion of the agency of competent basin be important in relation to the servants and with the service that these they contribute to lend.
To establish and to verify the previous data and to do the lifting of the plans that be required in relation to the servants that to will should to be imposed, the agency of competent basin will order to practice the visits and ocular inspections on the land that fueren necessary.
I ARTICULATE 65o.- Of the Expedition of the Administrative Act of Imposition of Servants in Public Interest .-It exhausted the preceding procedure, and based on the available information, and once known the opinions of the users (of grounds servants and dominant) in the public audience, and carried out the adjustments al servants establishment project that be reckoned convenient after the audience, the agency of competent basin, based on the motives of public utility and social interest to that refer I articulate them 1o of theOf 1974; 107 of the Law 99 of 1993 and other laws in force, will proceed, according to the faculties that are attributed for the I articulate 31o Nral 27o of the law 99 of 1993, to impose for administrative act the servants of water in general interest that fueren necessary for the adequate management, aprovechamiento and rehabilitation of the water resources of a determined basin, sub-basin or microcuenca hydrographic.
The water servants establishment by administrative way should correspond to the needs of the zone, so much to those of its settlers as to those of its associate-economic and domestic activities, and to be found in harmony with the use code plan and aprovechamiento of the water resources of the respective basin.
I ARTICULATE 66o. Of the Content and Notification of the Administrative Act of Imposition of Servants in Public Interest.-In the providence that impose the servants in public interest the property will be indicated or properties that remain encumbered, the place of collecting of the water or of location of the works, the route and characteristics of the ditch, of the channel or of the systems of conduction, of the works of vertimiento and of the acueducto, and the zones that should occupy these, according to the plans approved, whenOf servants of acueducto, irrigation, drainage, drain or alcantarillado.
The agency of competent basin, besides including in the part motivates and decision-making of the administrative act all it established and required by this statute, will order, in it splits resolutiva of the providence in which impose administrative servants in public interest, the delivery of the zone or areas affected, properly specific and the payment of the price and of the indemizaciones decreed. The plans of delimitación of areas affected by servants will be able to do part of the resolution that decree them and of them copies to them will be delivered interested, to their coast.
The providence that establish an or more servants of water in public interest will be notified personally the owners of the real estate affected on which have constituted the obligations and to the of those that they do like dominant grounds or beneficiaries of the servants.
When not fuere possible the personal notification, will proceed to practice the notification in the terms established for those cases by the I articulate 44o. of the Administrative Quarrelsome Code, but the edict of notification should be set besides in a visible place of the municipal or local city hall to whose head the real estate affected like servants belong or dominant.
The municipal or local mayors are in the duty to lend their contribution so that this notification be performed. Once it received the edict of notification, they will proceed to set it in a visible and public place of the municipal office, by the term of thirty (30) days and they will maintain available to them interested you copy complete and legible of the administrative act for their consultation and knowledge. The reluctance or lacks of contribution of the municipal or local mayors to this respect will give rise to the disciplinary sanctions by stubbornness and omission in the fulfillment of its you owe public, predicted by the law.
Against the administrative acts that impose servants by administrative way the resource of reinstatement will proceed only, before the director of the agency of competent basin. The disputes or disagreements in relation to the price or the compensations of the servants in public interest, they should be presented in the resource of reinstatement against the administrative act that establishes them. Once in firm the administrative act, will have executory privilege regarding the imposed servants and of the compensations decreed, save him established in the I articulate following.
The providence that establish an or more servants of water in public interest should be published, besides, in the bulletin of the agency of competent basin, according to it established in the I articulate 71 of the Law 99 of 1993.
I ARTICULATE 67o.- Solution of Controversies On Compensations in Administrative Servants .-If the total reckoned by the agency of competent basin, in relation to the price and the compensations to pay for the works to be executed or by the damages caused with occasion of the establishment of a servants, fueren disputed or disputed by some of the owners of the grounds affected by the servants of imposed water, will be able to be submitted its appraisal to peritazgo of experts, if the part that disputes itI accepted it. The joint opinion of the experts, that will be two when less, appointed each one of them by each one of the parts (one by the agency of competent basin and another by the plaintiff), will be inapelable and will oblige the parts. The time to fail its opinion will not be able to exceed of a (1) month calendar. The fees of the experts, that will agree beforehand, they will be full by the parts in conflict by equal parts.
If I who disputed the value reckoned, by the agency of competent basin, of the price or of the compensations by the works or the caused damages by the establishment and imposition of an administrative servants, I did not accept to be submitted to the expert decision that treats the preceding clause, will be able to resort to the ordinary justice so that this to regulate the compensations that be coming and order its payment; but such circumstance notThat they remain in firm the administrative acts that have imposed the servants in general interest proferidos by the agency of competent basin.
The sums destined to compensate owners of grounds that have disputed the price, by means of resource of resolved reinstatement adversly in their against, they will be consigned to orders of the civil court of the circuit paymaster to receive judicial deposits, with jurisdiction in the locality where the real estate be found al that the compensation or the price correspond, to so much the experts or the ordinary justice decide on the justi-price.
I ARTICULATE 68o.- Inscription and Registration of the Administrative Act .-The providence that impose servants in public interest should be recorded in the registration of water, that should carry the agency of competent basin according to it established in the Decree-Law 2811 of 1974 and in the Title XII of this statute, and besides, in the public instruments registration office, in the real estate agencies registrations sheets that correspond to the real estate servants and dominant.
I ARTICULATE 69o.- Exceptions for Cases of Natural Emergencies and Catastrophes.- The broken and transitory servants of water that be necessary to impose for the attention of emergencies, disasters or natural catastrophes, they will exercise in fact and they will require none of the administrative procedures or of the preceding formalities. The agency of competent basin, the authorities in charge and the agencies of rescue and of help they will be able to exercise transitory occupation and in fact of the places of occurrence of the sinister one to attend al rescue of persons, animal, natural resources and goods, for the rescue of victims, or in order to conspiring the emergency, to mitigate their impact or to impede the extension of their effects.
The maximum authority of police responsible for facing an emergency or catastrophe, or their official clerks authorized, they will be authorized to impose transitory servants or to do temporary occupation and in fact of a ground in cases of by means of simple emergency orders.
I ARTICULATE 70o.- every Servants in a Basin Submitted to Ordering is of Public Interest .-The imposition or revision of any servants of water in a basin submitted to ordering, thus be affected like servant to aAlone ground or be benefited as dominant also to one alone, will be respected as of public interest and will be holds to the procedures and formalities established by the preceding articles.
Section 5a.
Of The Procedures for the Imposition
of Servants of Water in Private Interest
I ARTICULATE 71o.- Origin of the Imposition of Servants in Private Interest .-The imposition of a servants in private interest will proceed when for their establishment themselves they gather not the requirements or circumstances predicted for the imposition of servants in public interest.
For the imposition of servants in private interest they will continue the principles of the Civil Code and of the National Code of the Renewable Natural Resources and of Protection al Environment (DL. 2811/74) and the procedures established by the Code of Civil Procedure, subject to the procedures before the agency of competent basin that subsequently are indicated.
I ARTICULATE 72o.- Need of a Concession, Permission or Prior Authorization .-Previously to the constitution by the jurisdictional way of a servants of water in private interest the agency of competent basin should have offered the respective concession or mercy of water that authorize al solicitante of the servants the use privativo of water originating from a public domain water body, or to have granted the permission or authorizations that be required for each case, as when is a matter of aServants of alcantarillado or drain to carry out vertimientos, or of an of irrigation for cultivations.
To request of part and with the participation of them interested, understanding for such al solicitante and to the owners of grounds that will be encumbered with the servants or servants, to who will be cited them for personal notification in the terms established by the I articulate Administrative the Quarrelsome thing Code 44o, the agency of competent basin will determine the zone that is going to remain affected by the servants since its connectionwith the current or the public domain water body to the ground of the solicitante that will be served of the water or that will arrange of them, the route of the ductos, ditches, tubings or hoses, or the persons traffic route, semovientes or vehicles, according to fuere the case, the characteristics of the works to carry out, of the systems to install, and of the media of connection and conductionThe water that be going to use or to be arranged, and the other modalities concernientes al exercise of the respective servants, according to the plan that raise itself for the agency of competent basin for such effects.
I ARTICULATE 73o.- Administrative Audience of Conciliation.- They established the circumstances and technical characteristics of the servants to that refers the I articulate previous, the agency of competent basin will cite personally to the parts, by the procedure of personal notification that establishes the art. 44o of the Code of Administrative the Quarrelsome thing, so that in an audience of conciliation agree friendly the price of the zone affected by the servants, the compensations to that there be place and its modalitiesPayment or compensation.
If there was agreement among the parts themselves will raise a minutes in which the conditions for the payment of the compensation will be indicated, for the delivery of the zone affected and for the execution of the necessary works, as well as their characteristics. The minutes will be subscribed by them interested that they have agreed in her and will lend executive merit as for the actions to do and to give in her consigned.
I ARTICULATE 74o.- Servants Imposition Resolution in Private Interest.-Based on the minutes of conciliation that consign the agreement, the agency of competent basin will send off a resolution that will impose the servants or corresponding servants, with the full one of the requirements and conditions predicted in this statute, as soon as they be compatible with the nature of the administrative act that is sent off and with the nature of the servants. The resolution thus sent off will be holds al resource of reinstatement, only as soon as in her I was altered the will of the parts that have reconciled, and should comply with the requirements of inscription and registration in the registration of water that treats the Title XII of thisDecree.
I ARTICULATE 75o.-Desacuerdo among the Parts in the Audience.- If not agreement among the parts there be, the agency of competent basin will indicate, by means of resolution, only the technical conditions and locativas of the servants and the modalities of its exercise in relation to the use of the resources water or natural renewable involved in her, but the interested and solicitante of the servants should resort to the jurisdictional way so that according to it arranged by the Code ofCivil procedure, be imposed judicially the respective servants and the compensations be set or compensations that correspond.
The competent judge, will impose the servants, subject to verification of the existence of a concession, permission or authorization for the use of the water and with subjection to the technical conditions that al effect have established the agency of competent basin in the resolution of specifications and technical characteristics to that refers the clause 1o of this I articulate.
I ARTICULATE 76o.- Subjection of the Servants in Private Interest to the Technical Specifications of the Agency of Basin.- In all the cases, and independently that the parts have arrived at an agreement in the audience of conciliation, or in subsequent phase, every servants in private interest will be holds to the modalities and technical conditions specified and authorized by the agency of competent basin based on the plan raised after the technical visit carried out by its officials. Such characteristics will be consigned for the agency of competent basin in the resolutions to that refer the previous articles of this decree by means of which the environmental authority on the imposition of the respective servants is pronounced.
I ARTICULATE 77o.- Contractual Servants of Water in Private Interest .-The servants for the public domain water utilization that result of a conventional or contractual agreement among individuals, they should have for their validity the approval by the agency of competent basin and to count on concession, permission or prior authorization to their exercise.
The contracts among individuals that impose servants of water should be registered in being recorded before the agency of competent basin in the registration of water that treats the Title XII of this statute.
I ARTICULATE 78o.- Applicable Dispositions .-The servants of water in private interest are governed besides by the dispositions established in the Civil Code, in the articles 106 to 118 of the Decree-Law 2811 of 1974 and in the pertinent dispositions of the present Decree.
REGULAR III
OF THE ACQUISITION AND EXPROPRIATION OF ASSOCIATED GOODS TO THE WATER RESOURCES AND OF THE EXTINCTION OF THE PRIVATE CONTROL OF THE WATER
I SURRENDER I
ACQUISITION AND EXPROPRIATION OF GOODS
I ARTICULATE 79o. Origin of the Expropriation.- In any of the cases of public utility and social interest, to that refers the I articulate 107 of the Law 99 of 1993, besides them you determined in other laws, the agency of competent basin, in exercise of the attribution that has been conferred for the nral 27o of the I articulate 31o of the law 99 of 1993, will proceed to advance the direct negotiation or the judicial expropriation ofGoods of hereditary and private property of companies of public right, when be necessary for the execution of works destined to the protection and management of the water resources, or, in general, when be necessary for the adequate ordering, management and conservation of the hydrographic basins. To perform happinesses expropriations will continue the procedures established by the Code of Civil Procedure and the special norms on expropriation for urban and rural grounds, established respectively in the agrarian legislation, in the law 142 of 1994 and other norms in force on public utilities.
I ARTICULATE 80o.- Of the Ecological Function of the Water Resources, and of the Public Utility and the Social Interest in the Expropriation of real estate and other Real Rights .-Being of public utility and social interest, the preservation and the aprovechamiento of the water and the ordering of the hydrographic basins for the adequate management of their resources, al state of it arranged by the articles 1o of the Decree-Law 2811 of 1974 and 107, 111 and concordantes of the law 99 of 1993, the agencies of competent basin and the departments, municipalities and districts, they will be able to decree the acquisition,Or by expropriation, of the private or hereditary real estate of property of companies of public right, or of part of these, that they be understood inside their jurisdiction and that they be necessary for the code works execution of the respective basin or for the preservation, conservation and rehabilitation of their water resources.
Based on the same considerations of public utility and social interest established in the law, the agencies of competent basin and the municipalities and districts will be able to impose in the plans and plans of territorial code, or by means of administrative act motivated, limitations of use or administrative servants of water on a real estate of private property, when they require it the public utility and the social interest for the preservation and adequate managementOf the water resources or when be necessary to assure the fulfillment of the ecological function of the real estate of private property.
The expropriation will proceed, by the same motives, on the protective stripes, of reserve or environmental, and the springs and superficial or subterranean currents of water of private control, that not fueren used or cares by its owners according to the law, the regulations and the applicable environmental standards.
I SURRENDER II
EXTINCTION OF THE PRIVATE CONTROL OF THE WATER
I ARTICULATE 81o.-. Procedure for the extinction of the control. To declare the extinction of the private control of the predicted water by the I articulate 82 of the Decree-Law 2811 of 1974, the agency of competent basin will be able to act of position or by petition of the public department or of part interested in obtaining concession of use of the water that treats.
The agency of competent basin will set audience inclusive when act of position, the one that will be public to hear al petitionary, if had him, and to whom owner of the water be considered, and to third parties that have the right or interest. The assembly will be notified personally al presumed owner of the water in the form established by the Administrative Quarrelsome Code, and al petitionary, and he will be published for once in a newspaper of local circulation, with most minimum advance of five (5) work days to the date of the audience.
The audience should be called inside the thirty (30) following days to the radicación of the request by the petitioner, or to the initiation former-officio of the procedure, and to be carried out not beyond sixty (60) days after performed the notification.
I ARTICULATE 82o. You test.- In the audience to that refers the I articulate precedent, the parts should request or to contribute all the tests, that reckon necessary, which will be decreed during the same one when be pertinent and practiced in a term that will not exceed of thirty (30 during the day, that will set the agency of competent basin in the same audience. It will be of charge of the presumed owner of the water, the test to to have used during the three (3) previous years.
I ARTICULATE 83o.- Visit.- The practice of a visit will be decreed to verify if signs exist that the water has been used during the three (3) immediately previous years and the measure in which was it.
I ARTICULATE 84o.- Procedure of the Declamatory one of Extinction.- The declamatory one of extinction will be done subject to the procedure established in the preceding articles, and against her the resources predicted by the Decree proceed 01 of 1984. Al to remain in firm the providence that declare the extinction, will be able to initiate the concession requests procedure for the aprovechamiento of such water.
I ARTICULATE 85o.- Publication. It splits it resolutiva of the providence in which the extinction of the control is declared, should be published in the official Bulletin, that for the effect will regulate the agency of competent basin, in agreement with the I articulate 71 of the Law 99 of 1993, inside the fifteen (15) following days to the achievement of the providence.
PARAGRAFO. It copies of the copy of the Bulletin will do part of the expedient or expedients in which himself procedure the public domain declared water concessions granting.
I ARTICULATE 86o.- Contabilización of the Term for the Extinction.- The term of three (3) years that indicates the I articulate 82 of the Decree-Law 2811 of 1974, for the extinction of control on water of private control, only can be counted from January 27, 1975, in any epoch.
I ARTICULATE 87o. Priority for the Granting of the Concession.- The individuals that request the statement of extinction of the control of private water, and simultaneously they request concession to use those water, they will have priority obtaining it, whenever they comply with the others requisite and qualities that requires the present Decree. Their requests of concession only will be dealt with once remain in firm the providence that declares the extinction of the private control of the water that treat.
REGULAR IV
OF THE ADMINISTRATION PUBLISHES OF THE WATER
I SURRENDER I
OF THE DEFINITION OF THE VALLEYS AND BASINS
HYDROGRAPHIC NATIONAL AND OF ITS
DIFFERENT CLASSES AND CATEGORIES
I ARTICULATE 88o.- Definition of Hydrographic Basins. For all the legal effects you be understood for hydrographic basin a territorial or physical-geographical area delimited, whose subterranean and superficial water flow through a natural network of continuous or intermittent river bed of volume that converge in an unique main river bed that pours their water in another greater river course, or in a body of water lénticas as a lake, a marsh or a swamp, or that flows into directly inSea.
A hydrographic basin is delimited for the line of divorce of the water. It is understood for line of divorce the elevation or maximum height that divides two adjacent basins.
When the limits of the subterranean water of a basin coincide not with the superficial line of divorce, their limits will extend subterranean until including that of the acuíferos that flow toward the basin deslindada by the superficial water.
I ARTICULATE 89o.- Classification of the Hydrographic Basins. -For the effects of their Control, Code and Administration, the hydrographic basins are classified thus:
1o.GRANDES NATIONAL HYDROGRAPHIC VALLEYS (GHN). They are understood for such the geographical areas of the continental territory of Colombia whose water flow al sea through a network of river river bed that flow into directly in some maritime basin determined, although it they do not for an only river bed, as in the cases of the basins of the Pacific or of the Caribbean; or well, a network of secondary river bed that converge in a main, river river bed andInternational, or of a river that, although runs for territory of Colombia, continues flowing and flows into in the sea in the territory of a foreign country, as is the case of the affluent that pay their water to the rivers Catatumbo, Orinoco and Amazon.
Large National Hydrographic Valleys are considered, for the effects of its administration, the following:
A. The Valley of the Caribbean;
B. The Valley of the Catatumbo;
C. The Valley of the Orinoco;
D. The Valley of the Amazon; and
E. The Valley of the Pacific.
2o.GRANDES HYDROGRAPHIC BASINS OR PRIMARY BASINS (CHP). They are understood for such, the geographical areas of the continental territory whose subterranean and superficial water flow to an unique river bed that pours their water in the sea or in international river water, or that by the importance of their volume, the extensive thing of their territory and their requests of planning and administration, have been you defined as such by this regulation and submitted to an integral state and integrated of planning,And management.
They given its dimensions and complexities, the primary hydrographic basins will be able I am segmented, for the effects of their management, in low, average, and high basins, without damage of the duty coordination among the responsible authorities for the administration of each segment of the basin, neither of the management unit principles and integralidad that treats the present decree. In such virtue, the planning code norms and use, the standards of vertimientos, the goals of quality and measures of control and administration of the basin will be harmonic, coherent and complementary among itself, and they will agree for the authorities responsible for the administration of each segment in an unique plan for all the basin, pre-approved by the respective Counsel of the Tertiary Basin and adopted by the DepartmentEnvironment in the terms that the present decree establishes.
3o. Categories of Primary Hydrographic Basins (CHT). The primary hydrographic basins are of two categories:
3.1. Primary basins of Category 1: They are you considered like Hydrographic Basins Primaries of category 1, those of the following rivers or water systems:
To) IN THE SIDE OF THE Caribbean
1. Cauca
2. Mary magdalene
3. Water system of the Oriental Caribbean (Sierra Nevada and
4. Large marsh of Holy Marta, Ranchería and water system
5. of the Guajira)
6. Atrato
7. Mulatos
8. Mangrove
9. Sinú
10. Pipe of San Carlos and Large Marsh
B) IN THE SIDE OF THE CATATUMBO
0Catatumbo
C) IN THE SIDE OF THE ORINOCO
1. Goal
2. Arauca
3. Vichada
4. Guaviare
5. Inírida
6. Orinoco
D) IN THE SIDE OF THE AMAZON
1. Vaupés
2. Caquetá
3. Putumayo
4. Amazon
And) IN THE SIDE OF THE PACIFICO
1. Sight
2. Patía
3. Tapaje
4. Guajüí
5. San Juan of Micay
6. Naya
7. Mayorquín
8. San Juan
9. Baudó
3.2.Cuencas Primary of Category 2: those of the rivers that, not belonging to the category 1, pour its water directly al sea or to a river of international water;
4o.-SUB-CUENCAS HYDROGRAPHIC REGIONAL (SHR). They are understood for such the Sides of Origin or Microcuencas and the Secondary Hydrographic Basins and Tertiary.
4.1. Sides of Origin or Micro-Basins (SEE/MC) : They are the geographical areas of a territory aferentes or aportantes to a stream, stream, broken, or current smaller, understood since the birth of the water to where its course pours them al river bed of a Tertiary Hydrographic Sub-Basin.
4.2. Tertiary Hydrographic basins (CHT) : They are the geographical areas of a territory, aferentes or aportantes to the water of a river or current smaller that receives directly water of several microcuencas or sides of origin, and that at the same time pours its water al main river bed of a Secondary Hydrographic Sub-Basin.
4.3. SecondaryHydrographic basins (CHS) . Are the geographical areas of a territory whose water reflect for an unique and main river bed that pours its water directly, or in confluence with another greater river, in the unique river bed of a Primary Hydrographic Basin.
The National Hydrologic Plan and The hydrologic plans of the primary basins will condition the plans and goals that be established for the secondary hydrographic basins and all their subclases and sub-categories.
By including all the other classes and categories that precede them, since the origin of the water to their estuary in a primary hydrographic basin, the secondary basins will be indivisible as unit of planning and code of the resource, which will not impede their administration I segment. Equal principle will apply to the hydrographic basins primaries of category 2.
The Regional Autonomous Corporations and of Sustainable Development, they will classify all the currents of superficial water of the territory of their jurisdiction inside the categories established in this decree, to more delay inside the six (6) first months of force of this statute and they will maintain information geo-referenciada on each one of the categories of basins under their environmental administration. The agencies of basin will be able to establish sub-categories of basins inside their regional classification, attending to the particularities and conditions of the natural network of water currents that reflect for their territory.
5o.Cuencas of Lakes, Gaps, Reservoirs, Humedales and Marshes.- They are understood for such the geographical areas of a territory delimited by the one that flow subterranean and superficial water toward some body of water lénticas. When their water they continue later their flow toward another river current or toward the sea, they will be understood that do part of the corresponding river basin. When in their water finish to reflect the aferentes that feed them, and do not continue their water their course toward another river current or toward the sea, they will be understood that in you said bodies of water closes and concludes the respective basin.
PARAGRAFO.- The subterranean water and their cloaks acuíferos subálveos will be considered that they belong respectively to the greater basin, or to the primary, secondary, or tertiary basins of the superficial water in whose geographical environment they be found.
I ARTICULATE 90o.- Of the Different intervention Levels of the Hydrographic Basins. Attending al intervention degree antrópica and to the levels of degradation and deterioration by physical-chemical or biological contamination, on-exploitation of its water or decrease of its volume, the hydrographic basins they will be able to be classified in the following intervention levels:
1er Level. Basin low Observation and Caution of Preventive Use:It is that that by the low impact of the human activity in the environmental quality of its water, in the levels of the natural and seasonal volume of its river bed, or in the preservation of its protective vegetation does not require a plan of code neither a special administration of the use of its water. The works of observation and preventive caution, tending toward detecting any change in their natural conditions, they will be polite by the agency of competent basin, through their mechanisms and ordinary administrative instruments.
2do. Level: Basin submitted to Ordering, Regulation and Administration of Use: it is that that owed al impact of the human activities in the environmental quality of its water, or in the levels of the volume of its river bed, or in the preservation of its protective vegetation or in the conditions or uses of its floors, requires an use code plan and a permanent, unified and integral state of management of its water resources;
3er Level: Basin Intervened and submitted to Monitoring by Serious or Extreme Degradation: is that That it owed al high impact of the human activities in the environmental quality of its water, or in the levels of the volume of its river bed, or in the preservation of its protective vegetation or in the conditions or the use of its floors, requires management and priority attention of part of the environmental authorities to revert its process of deterioration and to re-establish, as soon as fuere possible, its natural conditions. Such basins will be submitted to Special Intervention and permanent monitoring by the agency of competent basin.
I SURRENDER II
OF THE NETWORK OF NATIONAL ADMINISTRATION OF THE WATER
(R.A.N.A.)
I ARTICULATE 91o.- Of the Public Competences for the Administration of the Water Resource .-The administration of the water, as renewable natural resource, will be done in all the national territory through the Regional Autonomous Corporations or of Sustainable Development that they be competent in the area of their jurisdiction, and by the Users-Administrative paymasters by the law for the installment of public utilities, attending to the features established by the law, the regulations, the upper dispositions and the politics set by the DepartmentEnvironment in matter of planning, coordination and code of use of the resource.
The Regional Autonomous Corporations are covered by the law of the attributions to order and to establish the norms and guidelines for the management of the hydrographic basins located inside the area of its jurisdiction, according to the general guidelines of this regulation decree, to the upper dispositions and to the national politics and regulations that set the national government and the Department of the Environment.
I ARTICULATE 92o.- Agencies that Integrate the Network of National Administration of the Water (R.A.N.A.).- They integrate the Network of National Administration of the Water (R.A.N.A.), the following consultative organs, public companies and administrative agencies, all which will operate of way coordinated and harmonic in the exercise and performance of its competences and responsibilities, in relation to the water resources:
To). the Department of the Environment
B). the Institute of Hidrología Meteorología and Environmental Studies IDEAM
C). the National Counsel of the Water (ANC);
D). the Counsels of Large Hydrographic Basins (CGCH);
And). the Regional Autonomous Corporations and of Development Sustainable.
F). the Regional Funds of Recovery of Basins.
G). the Regional Commissions of Code, and Regulation of Basins (to CROAK);
H). the Users-Administrative of the water resources;
I). The Common Associations of Users of Basins (ACUAM).
I SURRENDER III
OF THE ORGANIZATION AND OPERATION OF THE S. I. N. TO. FOR THE REGIONAL AND NATIONAL ADMINISTRATION OF THE HYDROGRAPHIC BASINS
Section 1a.
Of the Supra-Regional and National Level
§ Sub-section 1a.
Of the Department Of The Environment
I ARTICULATE 93o. Attributions of the Department of the Environment.- The Department of the Environment will exercise in relation to the public administration of the water and the management of the hydrographic basins, besides the ones that are attributed it for the law, the following special functions:
A. Setting the general guidelines and the national politics for the code and management of the hydrographic basins in all its different classes and categories and to regulate by means of the administration norms expedition and use and of standards of quality the bosses of conservation, preservation, use and management of the coastal marine, continental, and water resources.
B. Defining the bases, criteria and general features of the National Hydrologic Plan and to establish annually the goals of quality, quantity and administration of each one of the hydrographic tertiary, or large basins basins.
C. Defining annually the most minimum standards of national quality of the water and that of the bodies or current of primary, secondary or tertiary water that more impact in the contamination of the tertiary hydrographic basins, or that of those that of sharper way affect the quality of life of the Colombians and that of the environment.
D. Determining the basic criteria for the preservation, improvement and recovery of the quality of the water and for the maintenance of the equilibrium and balance of the water cycle.
E. Determining the basic state criteria that in environmental matter, and of efficient management of the water resources they should be considered account the agencies of competent basin and by the administrative users for their management and efficient administration of the water.
F. Setting the guidelines and environmental technical criteria of general order for the execution of programs and the hydraulics infrastructure projects execution.
G. Harmonizing the actions of the different entities and agencies of the SINA in relation to the code and the management of the water resources and to resolve the conflicts or discrepancies that arise among the environmental authorities of different jurisdiction by any cause or when administer in form shared an or more hydrographic basins or water systems.
H. Adopting measures coordinated tending toward conserving the water resources, to administer efficient and efficient its distribution and use, and to assure the sustainability of its use and aprovechamiento.
I. Guaranteeing the adequate coordination of the actions that undertake the entities and agencies that do part of the Environmental National System (SINA) and of the National Network of Administration of the Water (R.A.N.A.), related to the management, aprovechamiento, control and processing of the water.
J. Devising and to send off the National Hydrologic Plan.
K. Devising and to send off the Hydrologic Plans of the primary or Large Basins Basins.
§ Sub -Section 2a.
Of the Institute Of Hidrología, Meteorología
and Environmental Studies- Ideam
I ARTICULATE 94o.- Attributions of the IDEAM.- The Institute of Hidrología, Meteorología and Studies Environmental IDEAM, besides its legal functions to obtain, to analyze, to study, to process and to divulge the basic information on hidrología, hidrogeología and meteorología, and the one that result of its activity of monitoring of the phenomena of degradation and contamination of the water resources and other technical-scientific aspects related to the continental national water, will comply in relation to the public administration of the water the
1. Assessing al Department of the Environment in the elaboration of the National Hydrologic Plan;
2. Exercising the Technical Office of the secretary of the National Counsel of the Water;
3. Assessing and to absolve consultations to the Regional Autonomous Corporations and of Sustainable Development, in technical aspects related to the state and management of the water resources, and to provide them of the available information that can be prominent for the elaboration or complementación of its regional hydrologic plans;
4. Maintaining information located, georeferenciada and satellite on the behavior of the tertiary hydrographic basins;
5. Giving technical backup al Department of the Environment and to the Counsels of Sides and Tertiary Hydrographic Basins for the processes of planning and of takes of decisions in relation to the areas hidrogeográficas of its competence.
§ Sub -Section 3a.
Of the National Counsel Of The Water
I ARTICULATE 95o. Of the National Counsel of the Water.- Créase as consultative agency superior of the Government, the National Counsel of the Water, which will be comprising the following members:
A. The Minister of the Environment, who will preside it;
B. The vice Ministers of the Environment and of Coordination of the SINA
C. The Minister of Health or its delegate;
D. The Minister of Development or its delegate;
E. The Minister of Transportation or its delegate;
F. The Minister of Mines and Energy or its delegate;
G. The Director of the National Institute of Adaptation of Lands- INAT;
H. The Director of the Institute of Hidrología, Meteorología and Environmental studies- IDEAM;
I. THE Director of Ingeominas;
J. The Director of the Unit of Environmental Politics (UPA) of the
National department of Planning;
K. The Director of the Regional Autonomous Corporation of the Rio
Large of the Mary magdalene;
L. A representative of each one of the five (5) National Hydrographic Valleys, chosen by the directors of the Regional Autonomous Corporations and of Sustainable Development with jurisdiction on the respective valley or side;
M. The General Director of the Sectorial Environmental Direction of the Department of the Environment
The Technical Office of the secretary of the National Counsel of the Water will be in charge of the Institute of Hidrología, Meteorología and Studies Environmental IDEAM. Al effect the IDEAM will appoint an official dedicated with exclusiveness al fulfillment of said functions and those that they should they support their task.
I ARTICULATE 96o.- Operation and Sessions of the National Counsel of the Water.- The National Counsel of the Water sesionará when less two (2) times al year and provided that being necessary to listen it in consultation for the national interest measures adoption and intersectorial that affect the water resources, such as the adoption of the National Hydrologic Plan, before its expedition by the Department of the Environment, or the study of any another of the themes that according to this decreeTo its prior knowledge.
The assembly al National Counsel of the Water will be done for the Minister of the Environment, or by this on the initiative of any of its other members.
PARAGRAFO.- The regulation of sessions of the National Counsel of the Water will be adopted by the Department of the Environment by means of Resolution.
I ARTICULATE 97o. Attributions of the National Counsel of the Water.- The National Counsel of the Water is an agency intersectorial of consultative character, created to harmonize the sectorial public politics that affect the management and aprovechamiento of the water resources and to assure an adequate inter-institutional coordination in the aprovechamiento, management and conservation of the water.
The National Counsel of the Water will emit prior concept or will formulate recommendations on the following matters and fear:
A. The content and goals, and the definition of the bases, criteria and general features of the National Hydrologic Plan and of the politics of code of the national hydrographic basins.
B. The annual establishment of goals of quality, quantity and administration of each one of the tertiary hydrographic basins.
C. The approval of the Hydrologic Plans of the Tertiary Hydrographic Basins before being adopted by the Department of the Environment and incorporated al National Hydrologic Plan.
D. The decision, to national level, of the guidelines, standard and basic criteria for the preservation, improvement and recovery of the quality of the water and the national reach measures adoption tending toward conserving the water resources, to administer efficient and efficient its distribution and use, and to assure the sustainability and economy in its aprovechamiento.
E. The plans and projects of general interest of industrial, urban, agrarian ordering and of aprovechamientos energy or of ordering of the territory, in the meantime they affect substantially to the hydrologic planning and al use of the water.
F. The decision of the basic state criteria that in associate-economic, sectorial, sanitary, and environmental matter, they should be kept in mind for the execution of programs and the execution of large hydraulics infrastructure projects, whose environmental license correspond offering it al Department of the Environment.
G. The adoption of measures or the formulation of recommendations to harmonize and to coordinate the public politics intersectoriales that affect in a direct way or indirect the water resources and the tending to guarantee the adequate coordination intersectorial in the actions and projects that undertake the public entities related to the management, aprovechamiento, control, processing, use and economy of the water.
H. The common matters that offer difficulty or doubts in matter of hydraulic public domain or on other aspects of administration, planning and use among two or more tertiary hydrographic basins whose, jurisdictions be tangentes or they be superpuestas.
I. The matters of national interest related to the administration and aprovechamiento of the water resources, that they are submitted to their concept or consideration by the Counsels of Sides or Tertiary Hydrographic Basins or by the Regional Autonomous Corporations or of Sustainable Development.
PARAGRAFO.- The Decisions, concepts or recommendations of the National Counsel of the Water, as be the case, they will be consigned in Minutes and they will be considered account the Department of the Environment, al moment to adopt the decisions or political corresponding, in those matters on which the Counsel have themselves pronounced.
§ Sub -Section 4a.
Of The Counsels of Large
Hydrographic basins
I ARTICULATE 98o.- Counsels of Large Hydrographic Basins.-For the effects of its planning, regulation and code, each one of the following ten (10) groups of primary hydrographic basins, or of large water systems, will have a Counsel of Code and Regulation of the Side or Basin, responsible for exercising, on the respective area hidrogeográfica of its jurisdiction, the functions of consultative upper agency of the Department of Environment and of the agencies of competent regional basin, and theServing of instrument of inter-institutional coordination, al interior of the SINA, in relation to the planning, regulation and environmental code of the water resources that the present decree establishes.
The Counsels of Primary Hydrographic Basins will exercise their attributions on the following areas hidrogeográficas of the national territory:
1. THE BASIN OF THE RIVER CAUCA: all the basin of the river Cauca, since its birth to the Arm of Loba, where pays its water al I laugh Mary magdalene;
2. THE BASIN OF THE RIVER Mary Magdalene: all the basin of the river Mary magdalene and the Channel of the Dike and its water system, with exclusion of the basins of the Cauca and of the river San Jorge;
3. THE BASIN OF THE ORIENTAL Caribbean: all the basin of the water System of the Sierra Nevada and of the Large Marsh of Holy Marta and the basins of the rivers Ranchería and others affluent of the oriental side of the Caribbean, understood this as the area of the national territory that extends toward the east since the right margin of the river Mary magdalene and that includes the Large Marsh of Holy Marta, the National Parkthe water system of the Peninsula of the Guajira;
4. THE BASIN OF THE RIVER CATATUMBO: The basin of the river Catatumbo, included that of the river Zulia and all its other affluent smaller that are born in Colombian territory;
5. THE BASINS OF THE ORINOQUÍA: The basins of The rivers Put, Arauca, Vichada, Guaviare, Inírida, Guainía and in general all the affluent direct of the Orinoco, that flow for the Orinoquías known as badly and well drenadas;
6. THE BASINS OF THE AMAZONIA: The basins of the rivers Vaupés, Caquetá and Putumayo and other direct tax rivers of the side of the river Amazon;
7. THE BASINS OF THE SOUTH SIDE OF THE PACIFICO: The basins of the rivers Looks, Patía, Tapaje, Guajüí, San Juan of Micay, Naya and Mayorquín, and other direct tax rivers of the south side of the Peaceful Ocean, understood this as the area of the national territory that begins al south of the basin of the river Mayorquín to the right margin of the river Looks, in the border with the Equator;
8. THE BASINS OF THE NORTH SIDE OF THE PACIFICO OR OF THE I COLLIDE BIOGEOGRÁFICO: The basins of the rivers San Juan and Baudó and other direct tax rivers of the north side of the Peaceful Ocean, understood this as the area of the national territory that begins al north of the basin of the river Mayorquín to the border with Panama;
9. THE BASIN OF THE ATRATO AND THE NORTH SIDE OF I COLLIDE BIOGEOGRÁFICO: The basin of the river Atrato and other rivers that pay directly its water in the Gulf of Urabá;
10. THE BASINS OF THE WESTERN SIDE OF THE Caribbean: The basins of the rivers Mulatos, Mangrove, Sinú, Pipe of San Carlos and Large Marsh, and that of the river San Jorge and all the others affluent direct of the Caribbean sea in its western area, in the territory understood from the east of the last tax basin of the Gulf of Urabá until intercepting for the west the basins of the rivers Mary magdalene and Cauca.
PARAGRAFO.- The IDEAM with the support of the Geographical Institute Agustín Codazzi will delimit and will demarcate the area of jurisdiction of each basin and will resolve the problems of delimitación territorial of their jurisdictions when have you doubt or they be found superpuestas. The discrepancies among two or more counsels of large adjacent basins or superpuestas, on matters of their spring and that among them pudiere to be stirred up they will be resolved by the Minister of the Environment.
I ARTICULATE 99o.- Integration of the Counsels of Large Hydrographic Basins. Each Counsel of Great Hydrographic Basin will be integrated, when less, by the following members:
A. A delegate of the Minister of the Environment, who will preside it;
B. The Directors of the Regional Autonomous Corporations or of Sustainable Development that they have jurisdiction in the area, or their delegates;
C. Three (3) representatives of the Regional Commissions of Code and Regulation of the Regional Sub-Basins that have themselves constituted inside the Primary Hydrographic Basin;
D. The governing of the whose departments territories do part of the Primary hydrographic basin, or their delegates.
E. A delegate of the Director of the IDEAM
PARAGRAFO.- The Executive Counsel of CORPONOR will do the times of Counsel of the Great Basin of the Catatumbo. Its sessions in such quality will be done of way separated to the ordinary sessions of the Counsel of the Corporation
I ARTICULATE 100o.- Of the Technical Office of the secretary of the Counsels of Large Basins.- The Technical Office of the secretary of the Counsels of Large Hydrographic Basins or of the Primary Basins will be exercised by the Department of the Environment, to whose charge will be the elaboration of the corresponding hydrologic plans.
I ARTICULATE 101o.- Of the Functions of the Counsels of Large Hydrographic Basins-. They are functions of the Counsels of Large Hydrographic Basins to emit concept on the following themes:
A. The definition of the bases, features, instruments and goals of the Hydrologic Plan of the Primary Hydrographic Basin and of the of the diverse regional sub-basins or water systems of the area of influence of the basin that thus deserve it;
B. The annual establishment of general goals of quality, quantity and administration of each one of the hydrographic tertiary, secondary or primary basins that be submitted to ordering inside their territorial environment.
C. The definition of the criteria and general constraints of use of the floor of the basin and their affluent, in function of the quantity and the quality of the water and of the definition of their uses.
D. The definition of the general criteria of use of the water in the different journeys of the river bed of the basin.
E. The definition of the basic criteria and quantities that will keep in mind itself for the distribution of the water in the aferentes of the respective basin.
F. The definition of the criteria of environmental management of the basin and the zones of forest reserve and of protection, necessary for the preservation of the water resources.
G. Receiving of the Regional Autonomous Corporations or of Sustainable Development of the jurisdiction, technical report and annual financier on the administration and results obtained in the basins submitted to ordering and intervention, inside the area of its competence, and on the state of those that are being submitted to observation and preventive caution.
PARAGRAFO 1.- The Decisions, concepts or recommendations of the Counsels of Large Hydrographic Basins will be consigned in Minutes and they will be considered account the Department of the Environment, and by the Regional Autonomous Corporations or of Sustainable Development concerned, al moment to adopt the decisions or political corresponding, in those matters on which the Counsel have themselves pronounced according to this regulation.
PARAGRAFO 2.- The Hydrologic Plans of Large Hydrographic Basins adopted with the seen good of the respective Counsels will be remitted al Department of the Environment for knowledge of the National Counsel of the Water and for to be incorporated al National Hydrologic Plan
PARAGRAFO 3.- The Regional Autonomous Corporations and of Sustainable Development, as agencies of competent basin in its respective jurisdiction will produce its decisions, and they will devise its regional plans of code regulation and management of basins or subcuencas, so that they be compatible with the goals and guidelines of the National Hydrologic Plan and with the decisions adopted by the Counsel of the Great Hydrographic Basin to which the respective basin belongs, subcuenca orThat treat.
I ARTICULATE 102o.- Operation and Sessions of the Counsels of Large Hydrographic Basins .-The Hydrographic Primary or Large Counsels of Basins Basins, sesionarán when less two (2) times al year and provided that being necessary to listen it in consultation for the study of any of the themes that, according to this decree, they should they to be submitted to their prior knowledge.
The assembly of the Counsels of Large Hydrographic Basins will be done for the Department of the Environment, or by this on the initiative of any of its other members. Its sessions will be will carry out in the headquarters of some Regional Autonomous Corporation whose territory do part of the respective tertiary hydrographic basin.
PARAGRAFO.- The regulation of sessions of the Counsels of Large Hydrographic Basins will be adopted by the Department of the Environment by means of Resolution.
I ARTICULATE 103o.- Of the Special Norms of Administration of the Hydrographic Basin of the river Mary magdalene . -The Basin of the river Mary magdalene will be administered, ordered and regulated with subjection to the norms, standard and national environmental politics by the Regional Autonomous Corporation of the Large River of the Mary Magdalene-CORMAGDALENA, in the terms established by the law and the regulations.
The Executive Counsel of CORMAGDALENA will exercise the functions that this decree attributes it al Counsel of the Hydrographic Basin Primary of the River Mary magdalene.
Nevertheless the previous thing, the code and the administration of the use of their affluent, on the part of the corresponding Regional Autonomous Corporations, will be done of way such that the results in the fulfillment of the goals of improvement of their tax rivers they contribute al gradual and progressive improvement in the quality of the water of the river Mary magdalene, to the reversion of the responsible factors of their degradation and deterioration,In the use and aprovechamiento of their water, and to the seasonal regulation of the volume of their river bed.
I ARTICULATE 104o.- The other Primary Hydrographic Basins will be administered for the Regional Autonomous Corporations and of Sustainable Development that they have jurisdiction on them, under the coordination of the Department of the Environment, as principal agency and orientador of the SINA, with subjection to the norms, political and goals established by the respective Counsels of Primary Hydrographic Basins, and in the terms and conditions that the present decree establishes.
Section 2a.
Of the Regional Level
§ Sub -Section 1a.
Of the General Aspects of the Organization and Operation of the S. I. N. TO. for the Regional Administration of the Hydrographic Basins
I ARTICULATE 105o.- Instruments of the S. I. N. TO. for the Regional Administration of the Hydrographic Basins.- The Environmental National System S. I. N. TO. will operate in the regional level for the administration of the water resources making use of the following instruments:
1) Institutional instruments: they constituted by the norms and environmental standards, of the national, regional or local order; the regional and national politics in relation to the administration of the resource water and its uses and aprovechamientos desirable and permitted; the regional environmental institutions, and its different instances or gifted dependences of attributions or powers of authority and of faculties or powers of management; the attributions and administrative faculties of control, monitoring and monitoringQuantitative and qualitative of the resource; and the exercise of the powers of environmental police, included the power sancionatorio.
2) Instruments of Planning: Are conformed by the National Hydrologic Plan; the Hydrologic Plans of the Large Hydrographic Basins, or primary Basins; and the Regional Hydrologic Plans, well be of Primary, Secondary Basins and/or Micro-Basins or Sides of Origin. Likewise, they will do part of these instruments the plans of environmental code of the territory and the plans and plans of territorial code sent off according to the law.
3) Economic instruments:They are the vengeful rates, compensatorias and of use that be imposed and they collect for the use of the resource water and the other sources of financing for the administration of some basin or unit hidrogeográfica.
4) Instruments of common Participation: are the counsels, commissions or common associations of users, or of representatives of the civil company, that participate in the planning, ordering, administration and use of the water resources
I ARTICULATE 106o.- Of The Operation of the S. I. N. TO. to Regional Level for the Administration of the Water Resources.- The different instruments of the SINA that treats the I articulate precedent they will function inside the Network of National Administration of the Water (R.A.N.A.) continuing the general guidelines and the procedures and technical and normative methods that the present regulation statute establishes.
I ARTICULATE 107o.- Of the Regional Administrative Instruments of the Network of National Administration of the Water (R.A.N.A.) For the Management and Management of the Hydrographic Basins.- Are regional administrative instruments of the S. I. N. TO. for the regional administration of the water the following:
1. The Regional Autonomous Corporations and of Sustainable Development;
2. The Regional Funds of Recovery of Basins or its equivalent;
3. The Regional Commissions of Code and Regulation of Basins; and
4. The Common Associations of Users of Basins
The Regional Autonomous Corporations and of Sustainable Development, as agencies of competent basin, they will be responsible for the coordination, orientation and harmonic operation of the actions of the other administrative instruments of regional administration of the water resources to the ones that refers the present I articulate.
§ Sub -Section 2a.
Of the Regional Autonomous Corporations and
of Sustainable Development
I ARTICULATE 108o.- Attributions of the Regional Autonomous Corporations and of Sustainable Development.-The Regional Autonomous Corporations and of Sustainable Development they will exercise, in relation to the public administration of the water and the management of the hydrographic basins, besides the ones that are attributed it for the law, the following special functions:
A. Ordering and to establish, inside the territory of their jurisdiction and with subjection to the upper norms and to the guidelines and general politics established by the Department of the Environment, the norms and necessary regional guidelines for the adequate and efficient management of the hydrographic basins submitted to their environmental administration;
B. Dividing into administrative sub-regions the different secondary hydrographic sub-basins, that they be found in their territory, and to organize of the best possible form their administration and code regionalizados and desconcentrados;
C. Determining the state of the quality of the water in each one of the currents of the basins that be submitted to ordering in their territory, and in each segment of current happinesses, for, based on her, to determine the uses permisibles of the water, the desirable and the consequent periodic goals of quality and quantity of the resource, and to establish thus the standards and quotas of vertimiento and consumptionJourney of the course.
D. Determining the admissible uses of the water in the different journeys of the currents of water submitted to ordering and in those of those in which consider necessary to establish it to avoid or to revert its deterioration.
E. Determining the admissible uses of the water and its conditions in the bodies lénticos, such as lakes, gaps, marshes, chucuas, madreviejas and similar.
F. Establishing annually the general goals of quality, quantity and administration of each one of the primary hydrographic basins and secondary that they be submitted to ordering inside their territorial environment.
G. Defining and to establish the global quotas of vertimientos and of quantities or of volumes to distribute in each current of water, based on the pre-definition of their uses and in monitoring of the methodology of ordering of the resource that this decree establishes.
H. Defining the criteria and general constraints of use of the floor of the basins and affluent under its jurisdiction, in function of the quantity and the desirable and available quality of the water in each journey of a current and based on the pre-definition of the uses of the water.
I. Defining the specific criteria of quality of the resource in each basin or body of water and the maximum available quantities that will keep in mind themselves for the distribution of the water among the users of the resource of the main river bed and of their aferentes.
J. Determining the seasonal changes in norms, standard and quantities to distribute in all the basins under its jurisdiction, when they be submitted to ordering or when for its care and protection I reckoned it necessary, whenever the principle of subsidiary severity be respected.
K. Defining the specific criteria and the procedures of environmental management of the basins under its jurisdiction, as well as the zones of forest reserve and stripes of protection, necessary, in each one of them, for the preservation of its water resources.
L. Imposing the administrative servants of water to that place there be and to advance the procedures of expropriation and extinction of the control that fueren necessary for the adequate management or ordering of a basin.
Ll. Administering the Regional Funds of Recovery of Hydrographic Basins and to collect the vengeful rates, compensatorias and of use of the water, that constitute them.
M. Promoting the organization and to offer the personería legal of the Common Associations of Users of Basins.
N. Creating the Commissions of Code and Regulation of Basins and to coordinate its meetings.
Ñ. Raising and to maintain information georeferenciada of each one of the basins or regional sub-basins understood inside the environment of its jurisdiction.
O. Raising and to maintain complete information and brought up to date on the number and identity of the users of the water inside her jurisdiction, with indication of the subcuenca to which belong, and the characteristics of each user as for if is natural or legal person, public or private, as well as complete information with respect to the extension of the grounds users, the existence of servants, the main uses of the waterOf the floor and the quantities of water that to each user have been him concesionadas, with indication of his corresponding schedules of connection or supply, if he there be him.
P. Qualifying the leaders and to the community usuaria in the care and protection of the sources, current and bodies of water and of the renewable natural resources with them related, and especially to the common associations of users of hydrographic basins (ACUAM) in his activities of management, aprovechamiento and control of the use of the water resources.
Q. Carrying out activities of disclosure and educational promotion among the community in relation to the aprovechamiento and sustainable use of the water.
R. Carrying the statistics and the census of consumption by basin and by user, according to the different types of uses of the water, with precision of water concesionadas and of available volumes, as well as the information on poured authorized and qualities of the water in all the journeys of the basins of its jurisdiction, with the support of the common associations of users of basins;
S. Carrying out the analysis, monitoring, monitoring and control of quality of the water of the basins under its jurisdiction, in routine form and by sampling, or when it be requested a common association of users of basins.
T. Carrying the registration of the regular users of concessions,Permission and authorizations, of the water servants beneficiaries, the catalogue of private water and the census of poured of residual water in all the bodies of water of the basins understood in the territory of its jurisdiction.
§ Sub -Section 3a.
Of the Regional Funds of Recovery
of Hydrographic Basins or Other Systems of Accounts Separated
I ARTICULATE 109o.- Of the Regional Funds of Recovery of Hydrographic Basins or Other Autonomous Systems of Accounts Separated. Each basin submitted to ordering will have a system separated of management of the resources originating from the rates of use, vengeful or compensatorias, that they are collected in the respective basin, as I want that it is a matter of resources of destination specifies.
The agency of competent basin will be able to opt, autonomously, by the creation of a Regional Fund of Recovery of the basin, that “will function like a fund- account”, without personería legal own, under the direct administration of the Regional Autonomous Corporation or of Sustainable Development to which by its jurisdiction correspond, formed by the recaudos of the vengeful rates, compensatorias and of use of the water that charge to the usersThe water of the basin with the specific destiny to administer the resource and to recover it. Of you said funds will be able to do part also the other budgetary resources that they be transfered it or they assign. The previous thing does not impede that autonomously the agencies of competent basin they establish other systems of accounts separated for the administration of its resources of specific destination, originating from the environmental rates, with different characteristics to those of the "funds-account", whenever be possible in they to verify the use and specific destiny of you said resources.
The Regional Autonomous Corporation or of Sustainable Development of the one that each Regional Fund of Recovery of Basin depend, or of each system separated of administration of the resources of specific destination, will be able to constitute, inside its administrative structure, a dependence, or special administrative unit, responsible for the administration of the Fund and also of the integral management and integrated of the respective basin.
In every case, the Regional Autonomous Corporations or of Sustainable Development that administer Regional Funds of Recovery of Hydrographic Basins or their equivalent, they will owe, to their criterion and inside their autonomy, to establish the suitable mechanisms for their administration separated of the other resources of the company as well as the administrative instruments and of management that be necessary to administer in an integral way, integrated and desconcentrada every basin that have beenIt submitted to code inside the territory of their jurisdiction.
I ARTICULATE 110o.- Creation and Legal Representation of the Regional Funds of Recovery of Hydrographic Basins or of its Equivalent Systems. Once it submitted to ordering a basin, in the form and by the procedures that this decree establishes, the Executive Counsel of the corresponding Regional Autonomous Corporation can proceed on the initiative of the Director, to create a "Fund-Account", or an equivalent system of administration separated of resources with specific destination. The director of each corporation will carry the legal representation of the fund-counts or of its equivalent regional system and will be responsible for the same one as computer of the expense.
While a basin be holds to ordering and in her vengeful rates they collect itself, compensatorias or of use, the product of its I collect will be administered through the Regional Funds of Recovery of Hydrographic Basins, or of the equivalent system of administration separated of accounts that the Corporation autonomously establish for each case.
I ARTICULATE 111o.- Of the Specific Destination of the Resources of the Regional Funds of Recovery of Cuencaso of Its Equivalent.- The different resources of the Regional Funds of Recovery of Basins, or of the accounts separated administration systems, originating from the I collect of the vengeful rates, compensatorias and of use, only they will be able to be utilized in expenses of investment and of operation for the recovery, preservation, descontaminación, and environmental rehabilitation of the bodies of water and of the basin where have been collected themselves.
The product of the vengeful rates, compensatorias and of use of the water that treats the law, are resources with specific destination and they will not be able to be utilized outside of the basin or sub-basin where collect, neither with end or different purposes to the ones that establishes the law. By being try incomes of specific destination their administration should be done of way separated of the remainder of the resources of the company.
In all the cases the Patrimony and incomes of the Regional Funds of Recovery of Hydrographic Basins, or of the regional systems that they be equivalent, they will be considered like incomes of specific destination of each Regional Autonomous Corporation or of Sustainable Development, and they will be administered are subjection to the politics and environmental dispositions established by the National Government, according to the law, and to the norms and procedures of audit, controlAnd fiscal caution of the General finance Office of the Republic.
I ARTICULATE 112o.- Common Participation in The Caution of the Regional Funds of Recovery of Hydrographic Basins or of its Equivalent.- The caution and the participation citizens in the management and performance of the resources of the Regional Funds of Recovery of Hydrographic Basins or of the equivalent regional systems of administration separated of those resources, established by each agency of competent basin, will be carried out through the Commissions of Code, Administration and Regulation of Hydrographic Basins (to CROAK), and if fuere the case, by the Common Associations of Users of Basins(ACUAM), depending on the place of its I collect.
§ Sub -Section 4a.
Of the Regional Commissions of Code
Administration and Regulation of Hydrographic Basins
( TO CROAK)
I ARTICULATE 113o.-De the Regional Commissions of Code, Administration and Regulation of the Hydrographic Basins (CROAR).- Regional, primary or secondary every Sub-Basin, submitted to a plan of code, will have like consultative body and instrument of confederate participation of the common associations of users of the different aferentes and of the representatives of the civil company, a Regional Commission of Code, Administration and Regulation of the Basin (to CROAK), organized in the terms that this decree establishes.
When it be coming the constitution of a Regional Commission of Code and Regulation of a secondary basin, that include in its territory an or more primary basins, only there will be place to the creation of the commission that understand the basin of greater extension.
The Commissions of Administrative Code and Regulation of Basins will be consultative bodies of the agencies of competent basin and they will watch, in representation of the community, the administration of the hydrographic basins and of the Regional Funds of Recovery of Basins.
I ARTICULATE 114o.- Of the Composition of the Regional Commissions of Code and Regulation of the Hydrographic Basins.-Each Regional Commission of Code and Regulation of Basin will be composed by thus:
1. The legal representatives of the Common Associations of Users of basins (Commissioners of Water or their delegates), that being valid constituted, they form part of the area of influence of the basin.
2. Two (2) representatives of not Governmental Organizations, that operate in the region, dedicated to the defense of the environment and the natural resources and, especially, to the protection of the water resources.
3. The municipal or local Mayors of the municipalities or districts rivers dwellers or users of the water of the basin.
PARAGRAFO.- The Department of the Environment will send off the representatives election regulation, operation, and sessions of the Regional Commissions of Code and Regulation of Basins.
I ARTICULATE 115o.- Of the functions of the Regional Commissions of Code and Regulation of Hydrographic Basins (CROAR).- Are functions of the Regional Commissions of Code and Regulation of Hydrographic Basins (to CROAK), the following:
1. Debating and conceptuar on the Hydrologic Plans of the Sub-Basin and of its aferentes, before its expedition by the agency of competent basin;
2. Conceptuar on the desirable and admissible uses of the water along the journey of the secondary and main currents of the sub-basin;
3. Conceptuar on the rules, criteria and volumes distribution methodologies;
4. C onceptuar on the changes of use of the floor of the earthly aledaños or users of the water of the basin;
5. Recommending the establishment of the special goals of quality and quantity of the water offering of the sub-basin with subjection to the upper hydrologic plans or of greater territorial environment.
6. Analyzing the quarterly state of execution of the resources of the Regional Funds of Water Recovery and to receive annual report on its administration, disposition and performance.
§ Sub -Section 5a.
Of the Common Associations
of Users of Basins
(ACUAM)
I ARTICULATE 116o.- Principle of Participation and Direct Common Responsibility of the Users of the Water.- The public Administration of the water, in all the national territory, will be based on the participation and the direct responsibility of the community of users of the resource.
Being the water a resource of public interest and of vital importance, their management, use, and aprovechamiento sustainable and their recovery, are responsibilities not only of the administrative authorities of the water, but of the general community of their users.
The Regional Commissions of Code and Regulation of Hydrographic Basins and the Common Associations of Users of Basins will be the institutional instruments of representation and participation of the community of users of the water resources and of the civil company, in general, in the public administration of the water.
I ARTICULATE 117o.- Of the Community of Users by Department of the Law and of its Representation.- When a bocatoma or derivation of water benefit various grounds of different owner or possessor to who there be themselves offered concession of water, by department of the law there will be community among them with the purpose to take the water, distributing it among the users and to conserve and to improve the acueducto, provided that they have not celebrated a convention with equal end.
For all the effects of ordering, regulation, planning and administration of the water the community by department of the law constituted among the users of a same derivation of water will be represented before the agencies of competent basin, by the common association of users of the body of water that treat.
If a water users community of a same derivation decidiere to carry out contract or convention to organize its community of use of the water, will be able to opt for exercising the right of being affiliated to the Common Association of Users of Basin, to whose territorial environment correspond it, well be in individual form through each one of its members, or in collective form through the community organized. The regulations of the Common Associations of Users of Basins, that al effect send off the Department of Environment, they will establish the rules on representation and right al vote of the collective and individual associates, of such way that their representation in the general assembly and other executive agencies of the association be adequate, fair and equivalent to their real participation in the use of the resource of the basin, and thatAvoid that the vote of the members of the association be computed doubly.
I ARTICULATE 118o.- The Common Associations of Users of Basins (ACUAM) as Instrument of Participation and Representation of the Community.- Without damage of the civil guarantees and of the individual rights of each user, recognized by the Constitution and the law, the community of users of a same current or body of water, will be represented before the agencies of competent basin, for all the effects of ordering, planning, regulation and administration of the water resources of the basin, by the Common Associations of Basin that treat the articles 161Of the Decree Law 2811 of 1974 and 49o of the Decree 955 of 2000, and the pertinent dispositions of the present statute.
There it will be in fact a community of users of a same current or body of water when all they be benefited of the water of a same river bed, just as occurs with the users of a micro-basin or side of origin, or with the direct users of the water originating from the main volume of a primary or secondary basin, or with the direct users of the water of the volumeAverage, high basins and drop of a tertiary basin.
PARAGRAFO. - Direct users of the volume of a basin will be considered, for all the legal effects, all the owners, possessors or holders of grounds that be users of a body of water, by virtue of concession, permission or authorization and that they be served of this in a permanent way, although be in broken form, to carry out some use permitted by the law.
It will be understood, besides that is direct user of the volume of a basin all that that use a body of water, well be that do it directly in its ground or crossing grounds of third parties by virtue of a servants of water or of draining.
Also it will be considered like direct user of the volume of a body of water all that that al moment of the expedition of the present statute derive toward its ground water originating from a current of public domain or carry out vertimientos punctual or dispersed in a current of public domain, although have not obtained the concession, permission or corresponding authorization, without damage of the imposition of the sanctions to that haveThe illegal use of the water.
Themselves not direct, but occasional users will be considered, who in a sporadic way and without being owners of grounds neither beneficiaries of a servants of water, carry out in some body of water a common use.
Direct every user of a body of water will have the right to be affiliated to the Common Association of Users of the Basin to which territorial correspond it.
I ARTICULATE 119o.- Nature, Characteristic and Criteria of Creation of the Common Associations of Users of Hydrographic Basins (ACUAM).- The Common Associations of Users of Hydrographic Basins are autonomous associations of not governmental, public character, with personería legal own, submitted to the rules of the private right, but paymasters by the law and the regulations to comply functions and public, composed per person natural or legal, public end of character or private, usuarias of a same current or body of water and organized in associative form as collective mechanisms ofParticipation, coordination, control and common caution of the public management of the water resources in all the national territory.
There it will be place to the creation of a Common Association of Users of Basin (ACUAM) in every current or public domain water body in which a plural number exist of more than three (3) users that be served directly of its water, well as agents consuntivos or as agents contaminadores.
The Creation of a Common Association of Users of Basin will be done by means of the lifting of a Minutes of Creation and the granting of the personería legal by the agency of competent basin in the conditions that the present statute establishes.
I ARTICULATE 120o.- Classes of Common Associations of Users of Basins (ACUAM) according to its Geographical Environment .-the Common Associations of Users of Basins will be able to be of the following classes, according to the body of water to whose community of direct users they represent:
1. Common associations of Users of hydrographic Micro-Basins or of Sides of Origin;
2. Common associations of Users of Tertiary hydrographic Basins;
3. Common associations of Users of Secondary hydrographic Basins;
4. Common associations of Users of Primary Hydrographic Basins (High Basin);
5. Common associations of Users of Primary Hydrographic Basins (Average Basin);
6. Common associations of Users of Primary Hydrographic Basins (Low Basin);
7. Common associations of Users of lakes, gaps, estuaries, humedales and marshes.
When the territorial magnitude of the area, the ownership to territorial jurisdictions of different agencies of competent basin, or the special conditions of a primary or secondary basin thus require it, they will be able to be created associations that group separately to the users of the average, high basins and drop of a hydrographic primary or secondary basin.
I ARTICULATE 121o.- Denomination or Social Reason of the Common Associations of Users of Basins (ACUAM).- The Common Associations of Users of Basins will be created with the exact denomination of the body of water al that belong, as for example: Common “association of Users of the Basin of the Ríonegro- ACUAM-RIONEGRO” ; or “Common association of Users of the High Basin of the River Chicamocha- ACUAM-CHICAMOCHA (High” Basin).
I ARTICULATE 122o.- Of The Organization and Promotion of the Common Associations of Users of Basins (ACUAM).- The agency of competent basin will promote and will organize, inside the territory of its jurisdiction, the constitution of the common associations of users of basins that treats the present statute among the communities of direct users of each current or body of superficial water that exist in the environment of its territorial comprehension.
The agency of competent basin will promote, with the support of the municipal mayors to the ones that by its jurisdiction correspond them, the constitution of the common associations of users of hydrographic basins of all the bodies of superficial water of its territorial comprehension, so that the greater linking be achieved and possible participation of the direct users of the water in these associative instruments of participation and common caution inOrdering, regulation and administration of the water resources.
I ARTICULATE 123o-. Of the Integration of the Common Associations of Users of Basins (ACUAM).- The Common Associations of Users of Basins will be comprising all the direct users of the superficial or subterranean water of a basin, sub-basin or microcuenca.
Direct every user of water of public domain will have the right to form part of the Common Association of Users of the corresponding Basin and to to be admitted in her just as request it.
The Common Associations of Users of Hydrographic Basins will be integrated in the case of each public domain water body by the following members, that they will cause splits member of its general assembly:
1. The owners or possessors, or the holders authorized by these, of the adjacent grounds or aledaños to the current or body of water;
2. The owners or possessors, or the holders authorized by these, of the dominant grounds of a servants of water legally constituted that they derive volumes for its use consuntivo or they do vertimientos in the body of water, when its grounds are not aledaños to this;
3. The direct users of the water originating from the current or body of water that treat, that they conduct them to their estate through grounds of third parties, by acueductos, channels or ditches of public domain or private, still if themselves has not been constituted for the effect a legal servants of water;
4. The owners, possessors or holders authorized by these of grounds or of industries that use the volumes of the body of water and that directly, or through grounds of third parties, they carry out in it vertimientos punctual contaminants;
5. The owners or possessors, or the holders authorized by these, of grounds or industries that use the volumes of the body of water with end consuntivos and that be agents of vertimientos dispersed or diffuse contaminants;
6. The owners, possessors and holders authorized of grounds that be users of subterranean water inside the territorial comprehension of the basin, sub-basin or micro-basin;
7. The representatives of the areas protected and of the zones of existing reserve in the geographical area of the corresponding territorial comprehension, appointed by the agency of competent basin;
8. The direct users of the volume of the current or body of water, that be holders of a concession, permission or authorization to carry out some use privativo, even when be temporary;
9. The Municipal or Local Mayors of the municipalities or districts users of the volume of a basin, sub-basin or microcuenca or those of whose territorial jurisdiction these form part, or their delegates;
10. The representatives of the not Governmental Organizations (NGO) or of the companies of common utility of ecological character written down with main residence in the region or whose main purpose be the defense and environmental protection of the basin, or of the ecosystems of the ones that this does part, or of its fauna or wild flora or of some of its species;
11. The representatives of the common businesses that be constituted for the aprovechamiento of the water, beds basins and beaches of the body of water;
12. Each union representatives of the farm, energy, industrial sectors, silvicultor, acuicultor, fishing, mining or of exploitation of hydrocarbons, appointed by the respective guilds or business organizations, when develop in the said basin activities or economic exploitations;
13. The representatives of the public or private districts of irrigation that utilize the water of the basin;
14. The representatives of the generating businesses of electric energy that utilize the volume of the basin;
15. The legal representatives of the businesses of public utilities (ESP) of acueducto and alcantarillado, or other prestadores of you said services legally paymasters, that be holders of a concession of water, or of permission or authorizations of use or of vertimiento on the volume of the basin;
16. The representatives of the native or black communities, organized or recognized by its traditional and historic settlement in the area, that be usuarias of the volume of the body of water and of the natural resources of the basin;
17. A representative of the National Counsel of Narcotics and another of the governmental programs of replacement of cultivations, in hydrographic basins affected by illicit cultivations;
18. A representative by each one of the meetings of users of the existing Agrarian Reform in the basin;
19. A representative by each one of the industries, associations or informal groups of users of the water with recreational, sports, tourist end orScientific.
PARAGRAFO.- The common associations of users of basins will be constituted with the members that correspond to the categories or classes of members that treats this I articulate, if said activities develop in the basin and if these suppose the utilization of the resource in any of its forms; but all new activity that be established in the basin will give rise to the enlargement of the number of its members and toAdmission of who they be found in some of the categories or classes of users indicated.
I ARTICULATE 124o. Functions of the Common Associations of Users of Basins (ACUAM). Are functions of the Common Associations of Users of Basins:
A. Serving of mechanism of representation and participation of the users in the processes of planning, code, regulation, and administration of the water resources of the hydrographic basin that treat;
B. Complying the role of common instrument of control and caution citizen in the administration of the water, in the adequate management of the other natural resources of the basin, and in the administration and execution of the financial resources destined to the preservation or recovery of the basin and of its water resources;
C. Serving of mechanism and of setting of representation of the interests of the different common and economic sectors of the users of the water of the basin;
D. Serving of instrument and of setting of coordination and conciliation among the different users of the water of a basin to guarantee the common, adequate, fair and sustainable one aprovechamiento of the resource for all they;
E. Defending the interests of the users of the water of the basin, before the different authorities, especially, and before the community and the different economic agents in general;
F. Participating, as cooperative entity of the agency of competent basin, in the sustainable and responsible management of the water of the basin, to intervene when the association assume the administration of the resource, by delegation of the environmental authority, or when delegates functions correlated by the agency of competent basin be it;
G. Formulating recommendations and to propose works execution initiatives or of adoption of administrative measures to the authorities in general and especially to the competent environmental authorities, be tried the national government, of the agency of competent basin, or of the department, municipality or district to whose jurisdiction correspond;
H. And Studiar the Code Plan Project of the respective Basin, Sub-Basin or micro-basin that it present the agency of competent basin, to formulate its observations and to emit its preliminary concept before this be adopted by the agency of competent basin.
I. Deciding of way arranged and by consensus on the distribution of the water along the current of the basin, sub-basin or microcuenca, to determine the volumes to distribute, the schedules of connection, if fueren necessary, the controls of measurement and the obligations of use among the different users;
J. Arbitrating the differences that arise among the associates in relation to the use and the distribution of the water (through the Meeting of Exploitation or of its courts of Arbitramento);
L. Recommending actions, decisions or execution of works tending toward improving the conditions of code, regulation and administration of the basin and its volumes;
Ll. Watching and to control the environmental and administrative management of the basin and of the water, and the performance and the execution of the resources originating from the vengeful rates, compensatorias and of use collected in the basin; and to ask explanations, explanations and reports of part of the administrators and of the competent environmental authorities that estuvieren to charge.
M. Coadyuvar the actions of control and caution of the natural resources that advance the environmental authorities and to request the intervention of these when fuere need;
I ARTICULATE 125o.- Of the Agencies of Direction of the Common Associations of Users of Basins (ACUAM).- The Common Associations of Users of Basins will have the following agencies of direction:
to.the General Assembly;
b.the Meeting of Arpovechamiento; and
C.the Commissioner of Water.
I ARTICULATE 126o.- Of the General Assembly of the Common Associations of Users of Basins (ACUAM).- The General Assembly of the Common Associations of Users of Basins will be formed by the totality of its members and will meet when except once al year with the following end:
1. Electing to the members of the Meeting of Aprovechamiento;
2. Knowing the report of activities of the Association in relation to the management of the basin and the different environmental, financial, and administrative aspects related to the management of the water and the performance and execution of the rates and other resources collected by the agency of competent basin for the administration of the water of the basin;
3. Approving for consensus the annual project of distribution of volumes and of decision of admissible uses of the resource in each journey of the current or body of water, to submit it to consideration and approval of the agency of competent basin;
4. Giving concept on the hydrologic plan of the Sub-Basin with subjection to the goals and parameters of the National Hydrologic Plan and of the upper plans of greater environment hidrogeográfico;
5. Approving annually the financial Report and of activities of the Meeting of Aprovechamiento and of the Commissioner of Water; and
6. Approving the annual budget of the Association.
I ARTICULATE 127o- Of the Meeting of Aprovechamiento.- The General Assembly of the Common Associations of Users of Basins (ACUAM), will elect a Meeting of Aprovechamiento composed for seven (7) member, that they will be chosen by the system of electoral quotient from among the members of the association, by a period of a (1) year, and that will comply the following functions:
1. Serving of agency of direction of the association and of all its activities;
2. Electing al Commissioner of Water of the Association;
3. Studying the Project of the Hydrologic Plan of Code of the respective Basin, Sub-Basin or micro-basin, that be presented by the agency of competent basin, to formulate its observations and to emit its prior concept before this be submitted to preliminary approval by the General Assembly and adopted officially by the agency of competent basin.
4. Studying the annual project of distribution of volumes along the current of the basin, sub-basin or microcuenca, that to should to be submitted to the approval of the General Assembly, and to consideration and final adoption by the agency of together, competent basin with the schedules of connection by user, if fueren necessary, as well as the controls of measurement and the obligations of use among the different usersvolume of the basin and to propose changes or adjust when the circumstances thus deserve it;
5. Proposing al agency of competent basin a plan of code or assignment of uses of the resource by each journey of the river bed of the basin, as well as to formulate recommendations on the definition of the uses of the floor in the environment hidrogeográfico of the association;
6. Arbitrating the differences that arise among the associates in relation to the use and the distribution of the water (directly or through its courts of Arbitramento);
7. Recommending the authorities actions, decisions or execution of works tending toward improving the conditions of code, regulation and administration of the basin and its volumes;
8. Watching and to control the administrative management of the basin and the water, and the performance and execution of the resources originating from the vengeful rates, compensatorias and of use collected in the basin and to require directly, or through the Commissioner of Water, explanations, explanations and reports of part of the administrators and of the competent environmental authorities that estuvieren to charge.
9. Coadyuvar directly or through the associates the actions of control and caution of the natural resources that advance the environmental authorities and to request the intervention of these when fuere need;
10. Authorizing al Commissioner of water for the celebration of contracts or the acquisition of goods to name of the association;
11. Knowing and to approve the annual Report of activities, administrative, financial and environmental of the Association that it present the Commissioner of Water before being submitted to consideration of the General Assembly;
12. Proposing and to recommend al agency of competent basin the granting or permission concessions revision or authorizations or the imposition of sanctions when to it there be place;
I ARTICULATE 128o. - Of The Meetings of Aprovechamiento Multisectoriales. - When in the assembly of a same association estuvieren represented different classes of users, with different interests by reason of the diverse economic or productive activities to the ones that are dedicated, in the Meeting of Aprovechamiento should be represented all the classes of users of the volume of the basin. The agency of competent basin, will authorize the necessary changes in the statutes of the association to guarantee that participation multisectorial and in such case the number of members of the Meeting of Aprovechamiento will be able to be over seven (7).
In the case predicted in this I articulate each category of associates will elect its representative without being necessary to apply the system of the electoral quotient, but the number of members of each class of users in the Meeting of Aprovechamiento should correspond al percentage of its participation in the use of the water concesionada of the volume of the basin. If the number of representatives of a category of users fuere over two will apply for said category the system of the electoral quotient for the election of its representatives.
I ARTICULATE. 129o. Of the Right one al Proportional Vote and Praised of the Users.- In the agencies, commissions or associations that represent to the users of a same basin, sub-basin or micro-basin, the vote of each one, in relation to the volumes distribution programs that be submitted to voting, will correspond al percentage of its participation in the consumption of the volume of the basin and to the proportion of its contribution to the vengeful rates, compensatorias and of use that amongof the users collect itself
I ARTICULATE 130o.- Of The Commissioner of Water.- Common every Association of Users of Basins (ACUAM), will have a legal representative and director that “Commissioner of Water”will be called, elected by the Meeting of Aprovechamiento for the period of a (1) year, being reelegible until four (4) consecutive periods, responsible for exercising the executive direction of the association, and who will have to its charge the exercise of the following functions or faculties:
1. Carrying the legal representation of the association;
2. Being the spokesman of the association of users before the agency of competent basin and other authorities, so much environmental as ordinary, and the person responsible for participating to name of the association in the elaboration and projection of the hydrologic plan of the respective basin, sub-basin or micro-basin;
3. Preparing, with the advising and support of the agency of competent basin and in consultation with the community of users, the annual plan of distribution of volumes;
4. Proposing the code of the uses of each journey of the river bed of the resource, subject to consultation to the Meeting of Aprovechamiento;
5. Exercising the functions that have it been delegates by the agency of competent basin or the ones that attendants by the Meeting be it of Aprovechamiento, inside the environment of legal activities of the association;
6. Proposing al agency of competent basin the granting, revision or cancellation of concessions, or of permission and authorizations, as well as to substantiate and to request to this the imposition of sanctions to the offenders of the state of conducts and prohibitions in the management of the water;
7. Administering the goods of the association, to celebrate contracts, and to contract obligations in its name and representation;
8. Carrying the registration of users of the basin and to maintain brought up to date its information on consumption by user, schedules of connection, volume of the water concesionadas, measurements if there be them, vertimientos that are carried out and quantities authorized etc; thus the as catalogues of private water and censuses of poured of residual water, according to the methodology of the registration of water that establish the Department of the Environment;
9. Proposing al agency of competent basin the imposition or water servants revision, the special application of norms on the hydraulic public domain and the adoption of measures that be necessary for a better administration of the resource and of the basin;
10. Carrying out works of inspection and caution of the exercise of the concessions, permission and authorizations, or of the works that be executed, and to report on its turned out al agency of competent basin;
11. Exercising inspection and caution of the exploitations of all the aprovechamientos of water of public domain of the basin, any that be the legal state and the ownership to that be received their users;
12. Giving initial procedure, without damage of the right of the user to resort directly before the agency of competent basin, to the requests of concessions and users water concessions renewals of the basin, and to those of permission and authorizations, and to lend them advising al with respect to the solicitantes, before giving transfer of the request al agency of together, competent basin with its concept, for final decision ofenvironmental; said procedure before the commissioner of water will be entirely voluntary on the part of the solicitantes of permission, concessions or authorizations;
13. Coordinating activities of control and monitoring with the technical support of the agency of competent basin;
14. Requesting the control samples analysis of the quality of the water and of them poured;
15. Directing works that the association execute directly or by delegation;
16. Coordinating and to cooperate with the agency of competent basin in the lifting of the censuses and statistics of consumption, according to the different uses of the water, and of the vertimientos that be authorized;
PARAGRAFO.- The Water Commissioner charge is a honorary charge and honorífico, of partial time and of representation citizen, but each association will be able to set him its Commissioner of Water some honorary remuneratorios, according to its hereditary capacity, by the installment of its services. The agency of competent basin will be able to destine part of the I collect of the vengeful rates compensatorias and of use of the volume of a basin for the payment of fees to the Commissioners of Water of the Common Associations of Users of Basins, as recognition al time of its dedication al exercise of some of its functions.
The commissioners of water will not have labor linking with the association, unless this thus decide it, neither with the agency of competent basin.
§ Sub -Section 6a.
Of the Common Businesses
for the Aprovechamiento of Water,
River bed, Beds and Beaches
I ARTICULATE 131o.- Supportive and Cooperative Nature of the Water Users Businesses.-The common businesses that be constituted and they organize for the aprovechamiento of water, river bed, beds and beaches, in development of the I articulate 338 of the Decree Law 2811 of 1974, they will have the legal nature of cooperative businesses and they will be organized and governed by the applicable rules to the businesses of supportive economy.
As soon as prestadoras of the public utility of acueducto the common businesses of aprovechamiento of water will be submitted al state established by the I articulate 16o of the law 142 of 1994, and other norms concordantes related to the installment of public utilities.
I ARTICULATE 132o.- Objective of the Common Businesses of Aprovechamiento of Water.- In development of it predicted by the I articulate 338 of the Decree-Law 2811 of 1974, the agency of competent basin will promote the constitution of cooperative common businesses comprising users of water or of the river bed of sub-basins and micro-basins, which will have as an fundamental objective:
A. Organizing in supportive, cooperative, and collective form to the users of the water, in zones of rural economy and of scarce economic resources that they take advantage of an or several current or bodies of water or that exploit a river bed or some sectors of him, so that they have access, in efficient and economic conditions, al home service of acueducto;
B. Assuring through the common business organization and cooperative the effectiveness of the concessions and of the permission and authorizations of aprovechamiento of water or river bed, in relation to the priorities recognized by the I articulate 49 of the Decree-Law 2811 of 1974 and by this Decree, to attend al I consume human and to the collective needs of the inhabitants of a region;
C. Facilitating and to guarantee to a group of users the access al resource and al service of acueducto and that the distribution of the water be done in form such that satisfy proportionally the needs of all the users to low costs and in efficient form;
D. Representing the interests of the community of users of the water and river bed affiliated to the business in the administrative procedures of ordering of hydrographic basins and of regulation of currents, well be before the common association of users of the basin or before the agency of competent basin;
E. Watching for the adequate maintenance and cleaning of the works of collecting, conduction, distribution and drain of the acueducto, as well as of the works of defense;
F. Building and to maintain the necessary works to assure the efficient use of the water.
PARAGRAFO.- For the constitution of the common cooperative businesses of aprovechamiento of water you be understood like person of scarce economic resources that whose patrimony does not exceed of 250 times the monthly most minimum salary in force.
They will be considered like zones of rural economy where they will be able to be constituted common cooperative businesses of aprovechamiento of water, those of agrarian reform and those where the size of the properties be on the average lower to ten (10) hectares in the Andean zone, and of twenty hectares in the orinoquía (10).
I ARTICULATE 133o.- Number of Associates, Capital and Duration.- The common businesses will have a number of not lower associates to five (5), variable capital and time of indefinite duration. Their radio of action will be circumscribed to the current or river bed regulated or al area that determine the agency of competent basin.
I ARTICULATE 134o. Constitution, Statutes, Applicable State. -The statutes of the common and cooperative business of aprovechamiento of water will determine the fiscal and administrative state according to the needs and capacities of each community and with the legal dispositions on the cooperative businesses.
The agency of competent basin, in whose jurisdiction the business will function, will offer the personería legal respective. Of said personería will run transfer to the Superintendencia National of Cooperative.
REGULAR V
OF THE HYDROLOGIC PLANNING
I SURRENDER I
OF THE OBJECTIVES, PRINCIPLES, CRITERIA AND OTHER GENERAL ASPECTS OF THE HYDROLOGIC PLANNING
I ARTICULATE 135o. - Objective Generals of the Hydrologic Planning .-The hydrologic planning will consider general objective to obtain, based on the availability and offering of the resource, the best and more adequate satisfaction of the different demands of water, so much for all the necessary, productive, industrial, and human uses for the satisfaction of the basic needs of the population and the development of the country, as for those of the ecosystems, and to achieve thus an each greater time sustainability inseeking that they be balanced and they harmonize the sectorial, regional, and urban development with the sustainable use of the water resources, administering rationally its consumption and utilization and increasing its availability to attend the growth of the demand; and to protect and to improve its sanitary and environmental quality, saving its employment and rationalizing its uses, of such way that its diverse aprovechamientos be compatible and harmonic with the environment and with theOther natural resources that conform it.
The general objectives of the hydrologic planning are obtained by means of the code of the use of the resource and the environmental ordering of the hydrographic basins, which constitute the essential content of the hydrologic plans.
I ARTICULATE 136o. - Objective Specific of the Hydrologic Planning.-Are specific objectives of the hydrologic planning:
1. Establishing and to define the admissible and desirable uses of each journey or portion of the currents or bodies of water in all the nation, attending to its present state and al state desirable and expected of the future quality of the resource;
2. Establishing goals and objective newspapers of quality of the national water resources, and especially of each body or current of good public domain water be to preserve and to protect the existing environmental quality or to improve this and to stop or to revert the process of deterioration or the contamination suffered by the resource or its basin;
3. Defining with precision the admissible uses of the resource in each journey or portion of a current or body of water, of way such that the uses thus assigned permit the compatible satisfaction of the needs consuntivas and media of the users along the journey of the river bed or around its bed, inside the framework of pre-definition of the admissible and desirable uses of its
4. Establishing and to regulate the maximum quotas of availability of abundant concesionables in each body or current of water in all the nation, based on whose decision the concessions for the use will be offered consuntivo of their water or will be performed the redistributions that fueren necessary, due to seasonal changes of the volume or to increments in the demand on the part of new users or of the already existing;
5. Establishing and to regulate the maximum quotas of vertimientos admissible in each portion or journey of a body or current of water, in function of the code of the uses of the resource;
6. Establishing the environmentally compatible uses of the floor riberano al body of water, in function of the decision of the uses of the resource in all its journey or around its river bed.
I ARTICULATE 137o.- Of the Instruments of the Hydrologic Planning: The Hydrologic Plans of Code.- The hydrologic planning will be done through the hydrologic plans of code, which will be public, binding and of obligatory observance, without damage of its periodic updating and revision justified, and will not create in and of itself rights in favor of individuals or public or private companies of right, for which its modification will not give rise to compensation or to responsibility any extracontractual of the State.
I ARTICULATE 138o. - Of the Hydrologic Plans of Code. The use and administration of the water resources will be subject to the following plans of code:
1. The National Hydrologic Plan, (or of Code of Large Basins, or Primary Basins);
2. The Hydrologic Plan of Code of Sub-Basins (Secondary or Tertiary);
3. The Hydrologic Plan of Origin Sides Micro-Basins Code;
I ARTICULATE 139o.- Of The Code of Basins as Medium of Planning.- . The code of basins is an instrument of planning of the uses and aprovechamientos of the superficial water and subways of a hydrographic basin or of part of her, that the agency of competent basin should devise with subjection to the politics and designed orientation by the Department of the Environment, and especially, according to the general guidelines for the code and management of the hydrographic basins thatThe same in agreement Department al numeral 12 of the I articulate 5 of the Law 99 of 1993.
The plan of code of the resource considers main object to plan its use and management propendiendo by its sustainable utilization.
It will be understood that a body of water, superficial or subterranean, is submitted to ordering, when have it been the greater basin, the sub-basin or the micro-basin to which belongs
I ARTICULATE 140o.- Aspects of the Code of Basins.- The code of a basin will understand two main aspects:
1. The code of the use of the water of the basin; and
2. The code of the uses of the floor of the basin.
To be able assign al floor a determined use in function of the basin, the code of the use of the water should precede always al code or assignment of the use of the floor.
PARAGRAFO.- The plans of territorial code will be adjusted to it established by the agencies of competent basin, attending to the time limit indicated in the law 388 of 1997
I ARTICULATE 141o. - Coordination intersectorial in the elaboration of the hydrologic plans.-The hydrologic plans will devise in coordination with the different sectorial plannings that they affect them. The coordination intersectorial for the elaboration of the National Hydrologic Plan will do it the Department of the Environment with the narrow cooperation of the National Department of Planning-DNP, which will lend their direct support al Department in the elaboration of the National Hydrologic Plan, collecting the supplies, anxieties and aspects multisectoriales that should they to be kept in mind.
I ARTICULATE 142o.- Features Metodológicos General of Elaboration and Execution of the Hydrologic Plans. The basins code plans will contemplate the following phases metodológicas of elaboration and execution, with subjection to the environmental legislation in force:
1. Diagnostic;
2. Elaboration and formulation of the plan;
3. Execution of the plan;
4. Monitoring and control;
PARAGRAFO. The Department of the Environment will complement, when fuere necessary, the mechanisms and methodologies that this statute establishes tending toward developing and estandarizar, complete and exactly in all the country, the phases metodológicas of diagnosis, elaboration, execution and monitoring of the plans that treats the present I articulate.
I ARTICULATE 143o.- Of the Obligatoriedad of the Quality Goals Obsession and Quantity in the Hydrologic Plans .-Hydrologic every plan should be referred to some time limit and goals of possible fulfillment, that should be pre-definite in the same plan.
The objectives or put of the plans obligatorily should be set in temporary horizons or in specific and certain time limit so that they can be measured their advance and their fulfillment.
I ARTICULATE 144o. - Priorities and Gradualidad in the Code of Basins. The Department of the Environment, in defect of the agencies of competent basin, and attending to the priorities and urgencies of the environmental politics, and prior consults and agreement with the Regional Autonomous Corporations and of Sustainable Development, will proceed, each five (5) years, inside the National Hydrologic Plan, to determine the regional hydrographic sub-basins that will be submitted al state of code that treats this Decree, as well asPhases in which such code should be carried out and the form in which should be complied. The previous thing does not impede that the agencies of competent basin they proceed to do it in a direct way in the territorial environment of their jurisdiction.
The agencies of competent basin, in coordination with the other users-administrative public entities of the water in the area of their jurisdiction, they will define the priorities that will be kept in mind in the plans of code inside their territory.
The forecasts of this Decree, in relation to the code of basins, they will apply to the basins that gradually go remaining you hold al state of code and they will extend gradually to all the hydrographic basins of the national territory to the extent that go being submitted to said state by the National Hydrologic Plan or by the regional hydrologic plans of the sub-basins.
I ARTICULATE 145o.- Participation Citizen. The users of the respective hydrographic basin have the right, according to it arranged by the Political Constitution, to know and to formulate recommendations on their code, and to participate in the decisions that they affect them. Said participation will be performed through the Regional Commissions of Code and Administration of Basins (to CROAK) and of the Common Associations of Users of Basins (ACUAM), without damage of the individual rights, civil guarantees and popular actions that can exercise the citizens according to the law.
Once it declared a basin in code, should be put this fact in knowledge of the users of the respective basin. With such end, the agency of competent basin will establish the media and will adopt the adequate procedures, so that be facilitated to them interested and to the community in general to express its criteria on the management and administration of the basins and to propose or to formulate the recommendations or suggestions that create necessary.
I SURRENDER II
OF THE NATIONAL HYDROLOGIC PLAN
(and of Large National Basins)
I ARTICULATE 146o. -Of the National Hydrologic Plan. Based on the project that present the Department of the Environment, with the technical support in the inter-institutional coordination of the National Department of Planning- DNP, and prior consults to all the competent agencies for the management of the water, the National Counsel of the Water will debate and will approve the National Hydrologic Plan that should contain:
1. The evaluation of the general state of each one of the large supra-regional or large basins water systems that treats the present statute, with indication of its main problems as for quantities of available water set against the different existing or potential demands, the state of the quality of the water in the main river bed and the most noticeable causes of its present or eventual deterioration, the decisionmore they contaminated and contaminants in the basin and their main causes, the most prominent problems derived from the locating of agents contaminadores punctual or dispersed all along or around the river bed or of the bed, the state of the protective vegetation and of the environmental conditions and ecosistémicas of the basin in general, as well as all the other aspects that, in general, they contribute to give a diagnosis and tovision it more complete possible of the real state of the hydrographic basin and of the quantity or quality of the water resources that by her flow or that in their territorial environment are placed;
2. The temporary or periodic definition of the desirable qualities of the resource for the different uses of the water along the journey of the main volumes of the large basins; and the definition of the periodic goals generals of quality or of descontaminación of the main volume of each great basin, so that their affluent secondary and tertiary they adjust their objectives of quality to the goals of. The obsession of these goals will be able to be referred to the preservation, improvement or water bodies recovery in each one of the large primary basins;
3. The statistical data that show the evolution of the natural state of the flows, storages and qualities of the water along the year in anualidades normal, and in cyclic years of special hydrologic behavior as the of the phenomenon of “The Boy;”
4 The temporary or periodic definition of the maximum quantities or quotas concesionables available for uses consuntivos in the main volume of the great basin and its seasonal variations;
5. The definition of the general criteria of financial, environmental administration and of aprovechamiento multisectorial of the resource in all the primary, secondary basins and in the micro-basins;
6. The specific purposes expected of the behavior and descontaminación of the affluent most contaminated and contaminants of the large national basins or primary basins, that exist in all the national territory;
7. The features and general objectives of protection of ecosystems for each great basin or tertiary basin and the ones that should observe the regional sub-basins;
8. The definition of the general criteria to that the hydraulics infrastructure works in the great basin and in the regional sub-basins will be held;
9. The definition of programs and necessary projects for the adequate one aprovechamiento and rationalization of the water resources and for the descontaminación of bodies degraded, whose recovery be considered of national priority;
10. The objectives, programs and works related to the descontaminación of the marine middle and with the recovery of zones estuarinas and coastal;
11. The objectives and programs in relation to large bodies of water lénticos, such as lakes, gaps, marshes and humedales and the politics and goals of recovery that to their respect be considered of national interest;
12. The politics and general features in relation to the use of acuíferos subterranean and the obsession of its maximum quotas of exploitation;
13. The politics and key programs of protection against the floods and of prevention of caused disasters by phenomena in which intervene the water resources;
14. The priorities of code that should continue the Regional Autonomous Corporations and of Sustainable Development in the Sub-Basins of its jurisdiction;
15. The horizons in periods of ten (10), twenty (20) and thirty (30) years of the offering and the demand of water and of the quality expected inThe zones of greater national consumption or of greater pressures poblacionales and/or contaminants. Each five (5) years the National Hydrologic Plan will revise and will adjust its diagnoses for each one of those horizons of medium and long time limit indicated in this numeral;
16. The other goals and objective of national reach, that they be reckoned necessary for an adequate, rational and sustainable management of the water in all the national territory.
PARAGRAFO.- All the objectives and goals, so much of the National Hydrologic Plan as of the other hydrologic plans of code should be clear, concrete and mensurables, referred to specific periods and to technical bosses of preestablished quality, so that be possible to evaluate and to verify the real advances, progresses and results in the public management of the water.
I ARTICULATE 147o. Elaboration of the National Hydrologic Plan.- Corresponds al Department of the Environment the elaboration of the National Hydrologic Plan.
For the fulfillment of this function should count on the special advising and intervention participativa of the Institute of Hidrología, Meteorología and Environmental Studies IDEAM and of the National Department of Planning DNP, and to do coordinadamente with the other authorities that have attributed functions in relation to the administration of the water resources, as the Departments of Health and of Economic Development.
I ARTICULATE 148o. Consideration and Study of the National Hydrologic Plan by the National Counsel of the Water.- Once elaborate the National Hydrologic Plan by the Department of the Environment, this will submit it to study and discussion by the National Counsel of the Water, so that in this they be introduced it the modifications and adjustments that be considered convenient and opportune and give it itself its preliminary approval.
I ARTICULATE 149o. - Expedition of the National Hydrologic Plan, Force and Revisions.- The National Hydrologic Plan, once approved by the National Counsel of the Water, will be adopted by decree of the National Government and will consider a force a period of five (5) years, being susceptible of revisions and ordinary adjustments each three (3) years, attending to the conditions in fact and al degree of fulfillment of the proposed goals for each great hydrographic basin and its affluent primaries and secondary.
The National Hydrologic Plan will be able to be adjusted by the national government in any time, when circumstances exógenas exceptional thus require it. In such case the decree that modify will be motivated it and the exceptional circumstances alleged to introduce the modifications will be you hold al control of corresponding legality.
I ARTICULATE 150o. - Of the Elaboration and Expedition of the First National Hydrologic Plan.- The first National Hydrologic Plan will devise in the following time limit and phases:
1. inside the first eighteen (18) following months to the expedition of this decree should be devised, to be adopted and to be sent off for the national government the National Hydrologic Plan of the Basins Mary Magdalene-Cauca;
2. Inside the thirty-six (36) following months to the expedition of the present statute, should be devised, to be adopted and to be sent off for the national government the National Hydrologic Plan of the other Large Basins or primary Basins.
The five (5) years of force of the First National Hydrologic Plan will be counted from the expedition of their complementary part, to which refers the literal one b) of this I articulate.
I ARTICULATE 151o. Basins of Priority Attention. The National Hydrologic Plan will determine the basins of priority attention, keeping in mind, among others, the following criteria:
A. The environmental, qualitative or quantitative level of degradation, of the basin or of the water;
B. The growth of the demand of water and the demographic pressure on the basin and the resource;
C. The associate-economic development and the welfare of the inhabitants of the region;
D. The preservation of the biodiversidad;
E. The size of the area of the basin;
F. The use and associate-economic importance of the body of Water.
I ARTICULATE.- 152o. - Management or Ordering of Basins Binacionales.- The management of basins binacionales or international will be governed for the treaties, covenants or agreements binacionales or multinational subscribed or celebrated by Colombia. In the National Hydrologic Plan they will be able to establish the politics and programs to their respect, that reflect the commitments acquired by Colombia.
The agreements or covenants with the neighboring countries in relation to the management of hydrographic basins binacionales or international will advance for the Department of the Environment by conduit and with the aid of the Department of Foreign Affairs.
I SURRENDER III
OF THE HYDROLOGIC PLANS OF
THE REGIONAL SUB-BASINS
Section 1a.
Of the Hydrologic Plans
of the Tertiary and Secondary Sub-Basins
I ARTICULATE 153o. - Subjection of the Plans of the Sub-Basins al National Hydrologic Plan.-The Hydrologic Plans of the Secondary or Tertiary Sub-Basins will be framed and subject to the special and general features indicated in the National Hydrologic Plan and to them indicated in this for the respective Primary Basin to whose volume they pay their water.
I ARTICULATE 154o. - Of The Hydrologic Plans of Code of the Sub-Basins.- The Hydrologic plans of the tertiary and secondary sub-basins, and of the micro-basins or sides of origin, they will devise for the agency of competent basin, with the participation of the community of users through the systems and mechanisms that this decree establishes, and they will be adopted by means of resolution of their Executive Counsel, subject to consultation with the Regional Commissions of Code, Administration and Regulation of Basins (to CROAK).
I ARTICULATE 155o. - Origin of the Hydrologic Plans of Code of Hydrographic Sub-Basins, Priorities and Gradualidad in its Establishment.- Every body of water will require of a general plan of code. Nevertheless, its degree of detail and regulation will depend on the intervention level of the hydrographic basin, according to the definitions of the intervention levels of the water resources established by the I articulate 90o. of this statute. The Department of the Environment will be able to determine, by technical reasons and metodológicas, the degree of detail of the hydrologic plans of the sub-basins and will complement the demands of this statute, as for their contents, when the technical reasons do it advisable.
The Regional Autonomous Corporations and of Sustainable Development they will establish, in agreement al National Hydrologic Plan, a list of priorities of the currents and bodies of existing water inside her jurisdiction to submit them progressively to code of such way that all the sub-basins that depend on their environmental administration have a plan of code inside the first five (5) following years to the expedition of the present statute.
I ARTICULATE 156o. - Of The Basic Content of the Plan of Code of the Regional Sub-Basins.-The regional hydrographic sub-basins (secondary or primary) will have a hydrologic plan of code that will include when less:
1. The inventory of the water resources of the sub-basin;
2. The uses and foreseeable and existing demands in a horizon of four (4) years;
3. the conditions of offering and demand of the foreseeable resource for horizons of five (5) diez(10), twenty (20) and thirty (30) years;
3. The criteria of priority and of compatibility of uses, as well as the order of preference among the different uses and aprovechamientos;
4. The assignment and reserve of resources for demands and future and present uses, as well as for the conservation and recovery of the natural middle;
5. The basic characteristics of quality of the water and of the ordering of them poured of residual water to all the long thing of the current or body of water;
6. The basic norms on improvements and transformations or works of irrigation and adaptation of lands that assure the best aprovechamiento of the assembly of the water resources and of the floors of the basin;
7. The perimeters of the stripes of protection and the measures for the conservation and recovery of the resource and environment affected;
8. The hydrologic-forest plans and of conservation of floors that to should to be carried out by the agency of competent basin;
9. The guidelines for recarga and protection of acuíferos;
10. The basic infrastructures required by the plan;
11. The criteria of evaluation of the aprovechamientos energy and the obsession of the conditions required for its execution;
12. The criteria on studies, measures and works that floods proceed to prevent, avenues or emergencies;
13. The it reckoned of the cost of the plan and of the annual resources required for its execution;
14. The programs of monitoring, control and monitoring of quality of the resource and the responsibilities Administrative of said monitoring.
I ARTICULATE 157o. .- Of the Force and Reach of the Hydrologic Plans of the Sub-Basins.- The hydrologic plan of code of each Hydrographic Sub-Basin will be done for the term of four (4) years with subjection to the parameters and general criteria established in the National Hydrologic Plan, and will regulate in all the aspects the use and aprovechamiento of its water. To it in it arranged the permission they will be held, authorizations and concessions that offer the competent environmental authorities.
I ARTICULATE 158o. - Inventory of the Water Resources .-By inventory of water resources the quantitative estimation will be understood, the qualitative description and the temporary distribution of you said resources in the territorial environment of the Hydrologic Plan. The inventory will reckon the correlation among the offering and the demand of the resource, attending to its cyclic or seasonal variations.
In the inventory the water will be considered only that contribute to the contributions of the rivers and the ones that feed natural deposits of water, be superficial or subterranean. The Inventory of hydraulic resources will contain for separated, the inventory of the natural water resources and the of the available resources that they result of the different systems of exploitation or of the programs of aprovechamiento that be considered in the Plan or inside the activities of use of the basin.
I ARTICULATE 159o. General Basic information for the Inventory of the Water Resources.- The water resources, as for their quality and quantity, they will be evaluated with independence of the systems of exploitation or of aprovechamiento existing, and their inventory will contain, in the measure of the possible thing, the following elements:
1. Statistical data that show the evolution of the natural state of the flows, storages and qualities of the water along the year in anualidades normal, and in cyclic years of special hydrologic behavior as the of the phenomenon of “The Boy;”
2. The Interrelations of the respected magnitudes, especially among the superficial water and the subways and among the haste and the contributions of the rivers, or the recarga of acuíferos;
3. The zonificación and the esquematización geological and geo-referenciada of the subterranean superficial natural, and water resources in the territorial environment of the Hydrologic Plan
I ARTICULATE 160o. - Specific Basic Information on the Hydrologic Behavior and of Use of the Resource in a Basin.- It is considered like necessary specific basic information for the elaboration of the Hydrologic Plans of the Sub-Basins the following:
1. The available hydrologic statistics on haste, evaporations, escorrentías and all another prominent respected information for the adequate qualitative and quantitative evaluation of the offering of the superficial water resources and subterranean;
2. The inventory of large infrastructures hydraulics (reservoirs, energy generation dams, dikes etc.), if there be them, and its fundamental characteristics of storage since the point of view of the offering or availability of the resource for effects of its regulation and distribution;
3. The available statistics on the supplies and consumption of water in the different zones or segments of the basin, specifying its conditions or particularities, and the uses to the ones that is destined,
4. The available historic information on haste and most minimum and maximum volumes;
5. The data on levels piezométricos in acuíferos;
6. The statistics of quality of the water.
I ARTICULATE 161o. - Of the Systems of Exploitation and the Hydrologic Plans .-In the Hydrologic Plans of the sub-basins will be considered for separated the different systems of aprovechamiento existing or foreseeable exploitation in the basin, in an equal temporary horizon al of the Plan, more another of the double one, in order to determining the behaviors of the offering and the present demand, expected and future of the resource in relation to the water balance and with the seasonal availability of the. Each hydraulic system of exploitation will permit to establish in the volume of a basin the demand and the consequent present, global offering and expected of water in the temporary horizon of the Plan, and beyond this, and will permit to evaluate each system of exploitation as for its eventual future demands.
It is understood for system of exploitation in a basin each system of use of the water that serves to a specific activity or to an assembly of users of a same class or category, as for example the system of exploitation of an acueducto home urban or the system of exploitation of a district of irrigation, or the system of exploitation of an acueducto only for industrial use, or the systemOf irrigation of an acueducto veredal in rural zone.
Each system of exploitation implies an use or an assembly of uses of the water resources. At the same time, each one of the uses, or of the assemblies of uses, requires different and special conditions of quantity and quality of the resource demanded in the basin.
Each system of exploitation will be constituted by the natural water resources that the system demands, the executed hydraulics infrastructure works for their aprovechamiento, the norms of utilization of the own water of the use that the system requires, and them derived from the singular characteristics of the same one, as well as the special rules of exploitation that are it applicable.
In each hydrologic plan of a sub-basin the systems of existing exploitation they will keep in mind themselves and them expected, for the effects to adapt and to harmonize the offering and the demand of the users al water balance of the basin in question.
I ARTICULATE 162o. - Concept of Demand and Basic Information determining it.- It will be understood for demand the need of water for one or various uses.
To define the demand they will be precise the following data and informations:
1. The annual volume and the temporary distribution of the necessary supplies, as well as the conditions of quality exigibles;
2. The level of guarantee or most minimum levels of the supplies for the different uses;
3. The rough consumption or portion of the supply that does not return al hydraulic system;
4. The annual volume and the temporary distribution of the return and the forecast of the prior quality to any processing.
I ARTICULATE 163o. - Estimation of the Demands.- The hydrologic plans of the sub-basins will incorporate the estimations of the foreseeable and present demands of the water in relation to the different uses or joint of uses.
Especially, for the uses destined al provision of water to populations and to farm, miner-energy and industrial activities they will continue the following criteria:
1. The calculation of the water provision demand to populations will be will base on the industrial, demographic evaluations and of services, and will include it required by industries of little consumption of water situated in the nuclei of population and connected to the municipal or local networks. In these evaluations will keep in mind itself so much the permanent population as the seasonal one, especially in tourist areas;
2. The estimation of the agrarian demand will keep in mind, leaving from the existing situation, the possible improvement of endowments in irrigations infradotados, the new transformations in irrigations, the savings of water as a result of the irrigation of new techniques establishment or improves of infrastructure, the possibilities of reutilización of the water, the revisions concesionales, the seasonal uses by cultivations and the epochs of pluviosidad or of drought and its correlationwith the cycles of sows and of crop of the different products;
3. In the energy and industrial uses they will keep in mind themselves, besides the foreseeable and existing demands, the resultant possible changes of the application of new technologies or of technologies alternatives, the possibilities of reutilización of the water, well in other uses or in the same industrial process.
4. In the estimation of the demands will have always in account the existing or potential savings and the pluviosidad or seasonal drought.
In all the cases will be reckoned the returns al medium natural of the water used, so much in their qualitative as quantitative aspects.
PARAGRAFO: - To establish projections of savings and efficient use of the water, the ecological volume of the respective body of water will keep in mind itself, this is, the demand required by the ecosystems, so that every estimation facilitate and favor the sustainable use of the resource.
I ARTICULATE 164o. Uses Priorities definition.- The Hydrologic Plan of the sub-basins will contain the criteria of priority and of compatibility of the uses that should be applied in the different territories of the basin. In relation to such criteria and for all the territorial environment of the Plan, they will be established for territorial units or by segments of the river bed the orders of preference among the different uses and aprovechamientos.
Likewise the conditions they will be set and necessary requirements for the public utility utility statement of certain zones of special importance ecosistémica, with the object of advancing the compulsory expropriation, with the object of advancing the compulsory expropriation, when fuere she necessary, and the order of preference will be established to perform happinesses expropriations in each territorial unit of the basin or I segment of the river bed that have itself determined in the Plan
Every definition of priorities should keep in mind it established, in relation to the human consumption, by the nral 5o. of the article 1o of the Law 99 of 1993
I ARTICULATE 165o. .- Decision of the Quality of the Water.- Al moment to be devised a hydrologic plan will keep in mind themselves the present quality of the subterranean and superficial water al moment of the elaboration of the plan, as well as the objectives that should be reached in each river, current or body of water and in each one of their sections or portions.
The objectives of quality will be defined in function of the uses predicted for the water and they should comply al less with the basic requests of quality established by the general standards contents in the regulations and by the resolutions al effect sent off by the Department of the Environment.
I ARTICULATE 166o. Procedures and Methodologies for the Obtaining of the Objectives of Quality.- In the hydrologic plans they should be established the procedures, actions and methodologies that they be needed to obtain the adaptation of the future quality of the water to the objectives of quality of the same set by the plan.
In each hydrologic plan of ordering of basins or sub-basins will be established the basic characteristics of the vertimientos of residual water along the current or around the body of water, which they will include the norms of special and general type that they be reckoned necessary in each section or portion of the current or body of water, to obtain the objectives of quality of the water, proposedHydrologic plan in a preestablished temporary horizon.
The hydrologic plans will establish the general programs of fight against the contamination in the different sections or sectors of the basin and especially them related to the contamination caused by substances whose toxicity, persistence or bioacumulación cause special and severe damage to the environmental quality of the water.
I ARTICULATE 167o. Basic norms on Improvements and Transformations in Irrigation.- The basic norms on improvements and transformations in irrigation of the hydrologic plans of the sub-basins will include the most adequate methods of irrigation for the different types of climates, lands and cultivations, the endowments of necessary water for the diverse alternatives and the conditions of drainage exigibles. Also they will include the conditions for reutilización of the water for irrigation, and any another that they be necessary to assure the best aprovechamiento and conservation of the assembly of the water resources and of the floor.
The hydrologic plans of the sub-basins will be able to indicate the administrative and technological adaptations that should introduce the public entities or the individuals for a sustainable and rationaler use of the water resources.
I ARTICULATE 168o.- Areas of Special Management and Floors Conservation Norms and Hidro-Forest.- The hydrologic plans of the sub-basins will include the areas or stripes of protection of the basin as well as the areas of forest reserve and the districts of management integrated that fueren of the case.
In each hydrologic plan of the secondary and primary sub-basins the works they will be indicated, norms and floors conservation guidelines and the actions to do the hydrologic-forest corrections that fueren necessary.
Likewise, the hydrologic plans of the sub-basins will consider the effects of the erosion and their relation with the loss of the resource and of the capacity of storage of the reservoirs.
I ARTICULATE 169o.- Evaluation of Energy Projects .-The hydrologic plans of the sub-basins will establish the general criteria for the evaluation of the impact on the basin of the projects of aprovechamiento energy, they will reckon their environmental and associate-economic aspects and their relation with the offering and the demand of water of the basin. Said guidelines should be kept in mind in the studies of environmental impact and in the granting of the environmental licenses pertaining to that type of works.
I ARTICULATE 170o. - Acuíferos Subterranean in the Hydrologic Plans of the Sub-Basins.- The Hydrologic Plans of the sub-basins will contain the features of the politics and of the actions of the regional environmental authorities in relation to the exploitation of acuíferos subterranean.
To the extent that the lifting of said information be done, the hydrologic plans of sub-basins will include available and possible the greater information on the locating and the characteristics of the acuíferos subterranean and the criteria of exploitation that will keep in mind themselves to authorize the drilling of wells and concesionar their water.
By each unit hidrogeológica subterranean the agency of competent basin, based on the available information, will establish the guidelines on volumes or maximum quotas concesionables, the depth of the wells, the maximum depths of drilling and of installation of bombs, the instant maximum volume by collecting, the distances among aprovechamientos, the limits or volumes that will be considered like indices from exploitation, the sealed of acuíferos and other norms andTechnical that the agency of basin consider appropriate for its adequate and sustainable exploitation.
The plans of sub-basins will include also the areas of recarga artificial of acuíferos that intend to destine for that end, with the decision of the quantity, origin and quality of the water utilized for the recarga and the specification and characteristics of the acuíferos subterranean in which will be done the recarga. Such guidelines and norms will be the technical framework of the permission of recarga that be offered.
Likewise, the plans of sub-basins should include the relation of the acuíferos sobreexplotados or in risk to be it, as well as that of the ones that they be in process of salinización or that of those that have been declared in that been by the agency of competent basin.
PARAGRAFO 1o.- The agencies of competent basin will begin to collect information in a priority way on the acuíferos subterranean at present exploited and on those respect of which demand of exploitation exist.
PARAGRAFO 2o.- Each agency of competent basin should have complete the information on locating and characteristics of the acuíferos in exploitation in the territory of its jurisdiction inside the first five (5) subsequent years to the expedition of this statute. The responsible officials for the breach of this obligation will incur in the disciplinary sanctions predicted by the law by omission in the fulfillment of you owe public.
I ARTICULATE 171o. Projects of Infrastructure in the Hydrologic Plans .-The hydrologic plans of basins will include a description of the necessary public works or predicted for the fulfillment of the objectives proposed in the plan, if it fuere the case, but its inclusion will not be obligatory. The plan will be able also to include a catalogue of basic infrastructures required in horizons of four (4) and eight (8) years, although the execution of said works correspond not in its totality al agency of competent basin.
In every case, the public works that be executed for the agency of competent basin, directly related to the water resources and with the objectives proposed in the Plan, they should be compatible and harmonic with the corresponding Hydrologic Plan.
The environmental Licenses that be offered for the infrastructure projects development that can affect the resources of the basin they should keep in mind the norms and forecasts established by the corresponding hydrologic plans.
I ARTICULATE 172o. - Information for Prevention of Disasters and of Extreme Hydrologic Situations.- The hydrologic plans of the sub-basins, based on the available historic data on haste and most minimum and maximum volumes,They will establish the criteria for the execution of studies and works and the decision of actions and takes of conducive measures to face extreme hydrologic situations.
The hydrologic plans of the sub-basins will include the delimitaciones of zones of risk by shortage or by flood in the perimeter of the basin, or they will establish a program for the execution of technical studies tending toward delimiting and to establish risk zones happinesses.
I ARTICULATE 173o. - Of the Horizons of Forecast of the Balance between Offering and Water Demand in the Short, Medium and Long time Limit.- The National Hydrologic Plan and the Plans of the Secondary and Primary Sub-Basins will establish, for the moment in which you said plans be elaborate, the balance among the offering of the resource and the demands consolidated. The hydrologic plans will express also the global quotas established for the reserves and for the assignment of uses of the resource, based on the quantity and quality of the available volumes al moment of elaboration of the plan.
Likewise, in the hydrologic plans the conditions of offering they will be indicated and demand of the foreseeable resource for horizons of five (5), diez(10), twenty (20) and thirty (30) years. Said horizons should be gone adjusting in each hydrologic plan, so that five-year (that is to say, each five (5) years), the perspectives be revised expected or the possible settings in the short, medium and long time limit.
For the temporary horizons that this I articulate establishes, the plans will reckon the balance or balances among the foreseeably available water resources and the possibilities of enlargement of the demands pertaining to the different uses.
I ARTICULATE 174o. - Monitoring, Control and Monitoring of Basins and Volumes of Water. The Regional Autonomous Corporations and of Sustainable Development, besides their own as administrative functions of the resource, will have to their charge the works of monitoring, control and monitoring of the state of the water, as for their quality and quantity, in all the basins inside the territory of their jurisdiction. For complying with this legal function they will be able to establish a technical office of monitoring, control and monitoring that carry out this task in the sub-basins that be found inside the territory of their jurisdiction or to hire you said services with businesses or public or private companies.
The Regional Autonomous Corporations and of Sustainable Development, in relation to the bodies of water submitted to code, they will carry out permanent monitoring on the quality of the water, the vertimientos and phenomena contaminants that affect them, the volumes or quantities of use of the seasonal volume of its water by regular users of concessions and, in general, on all the aspects that impact in the adequate management and the polite code
The agencies of competent basin will decide, inside their autonomy, the best administrative form to exercise to cabalidad and polite these functions
PARAGRAFO 1. If a basin hiciere splits of the jurisdiction of two or more Regional Autonomous Corporations or of Sustainable Development, these will be able to establish, through covenants, joint mechanisms of monitoring, control and monitoring.
PARAGRAFO 2. The agencies of competent basin will be able to require the agents contaminadores punctual, inside its correlative obligations to the permission or authorizations that them be offered, the monitoring of the vertimientos that carry out, without damage that the agency of basin carry out it, in permanent form or by sampling, well be directly or through private contractors.
Section 2a.
Of the Hydrologic Plans
of the Micro-Basins or Sides of Origin
I ARTICULATE 175o. - Subjection of the Plans of the Micro-Basins to the Hydrologic Plans of the Sub-Basins.- The Hydrologic Plans of the Micro-Basins or sides of origin will be framed and subject to the special and general features indicated in the Hydrologic Plan of the respective primary or secondary sub-basin to which they belong.
I ARTICULATE 176o. - Of The Content of the Hydrologic Plans of the Micro-Basins.- The Micro-Basins or sides of origin will have a hydrologic plan that will contain, when less, the following thing:
1. BASIC INFORMATION OF THE MICRO-BASIN:
1. The offering of the volume of the micro-basin in periods of high pluviosidad and in dry periods during the year and the historic behaviors of the volumes in years of extreme conditions (dry years or of the phenomenon of “The Boy”, or years of excessive pluviosidad or of the phenomenon of “The Girl);”
2. The biological quality and chemistry of the water along the current;
3. The uses of the water of the current, with percentage decision of the participation of each use in the consumption of the water of the microcuenca, as be for domestic human consumption, acueducto municipal, farm, etc.
4. The quantity of users of the volume of the micro-basin and the main uses that each one of them gives to the water concesionadas;
5. The quantity of concessions offered (individual or collective), the volume of water given in concession to each user and the total volume of water concesionada in liters by second, for day and per year.
6. The main vertimientos authorized punctual or dispersed, if there be them.
2. It PROGRAMS OF DISTRIBUTION OF THE CURRENT :
1. Maximum quotas of the volume of the current for each one of the different uses and fitted total maximum concesionable;
2. Individual quotas for each user, or for each concession, if there be concessions for common or collective use;
3. Variations of the individual quotas, or by concession, according to the seasonal behavior of the annual water offering, this is, as be a matter of dry periods or rainy periods. Such variations will be able to be established for months or by fractions of months.
4. Variations of the individual quotas, or by concession, according to the seasonal behavior of the water offering in hydrologic exceptional or extreme years of behavior;
5. You reserve planned for new uses or for increment of the demand, if fuere it possible or foreseeable
2. It PROGRAMS OF PROTECTION OF THE RESOURCE AND OF THE MICRO-BASIN :
1. Norms and measures of precaution and care that should observe the users of the micro-basin for its care and maintenance,
2. Works and activities of reforestación or of protection and renewal of the forest resources natives of the micro-basin, so much in the head of the birth as along its river bed for the protection of its edges;
3. Indication of the stripes of environmental protection along the journey of the micro-basin;
4. Hydrologic or forest Areas of Reserve; and
5. Restrictions or limitations to certain uses.
I ARTICULATE 177o. - Elaboration and Adoption of the Hydrologic Plans of the Micro-Basins.- The hydrologic plans of the Microcuencas will be elaborate by the agency of competent basin through its office or subdivisión territorial sub-regional where the micro-basin be found.
The elaboration of the hydrologic plan of the microcuencas will be done with the participation and contribution I tighten and direct of the Common Association of Users of the Basin (ACUAM) corresponding, through its Meeting of Aprovechamiento and of the Commissioner of Water.
Once elaborate the Hydrologic Plan of the Micro-Basin will be submitted to consideration of the General Assembly of Users of the Association (ACUAM) for its corresponding concept. If the concept fuere favorable and consensus in the Assembly there be, the agency of competent basin will adopt it, if not tuviere objections, by means of resolution of the General Director.
If not consensus in the Assembly of users there be or the concept on the Plan emitted by the assembly of the association fuere unfavorable, the agency of competent basin will revise it and will adopt the plan that technically consider more convenient, by resolution of the General Director.
I ARTICULATE 178o. - Force of The Hydrologic Plans of Micro-Basins. The Hydrologic Plans of the Micro-Basins will have a force of three (3) Years, being able to be revised when exceptional circumstances or special hydrologic conditions thus require it.
I ARTICULATE 179o. - Annual Revision of the Program of Distribution of the Current.- By request of the two thirds of an Assembly of the Common Association of Users of the Basin (ACUAM), will be able to be revised annually the volumes distribution program of a micro-basin. If the revision permits the consensus of the assembly, the agency of competent basin will adhere to it thus determined. If not place to consensus there be, the agency of competent basin will arbitrate the difference, and will decide in equity the controversy or the request that have stirred up the revision of the plan.
I ARTICULATE 180o.- Norms Application Extension to Micro-Basins. In all the other aspects, and in which be compatible with their nature and with the demands of their hydrologic plan, to the Micro-Basins or sides of origin will apply the same norms predicted in this chapter for the Hydrologic Plans of the Regional Sub-Basins.
I ARTICULATE 181o. .- Estandarización of the Measurement of Water Concesionadas. The agencies of competent basin and all the environmental authorities will measure the volume of the consumption of the water expressing it in liters by second for day.
I SURRENDER IV
OF THE METHODOLOGY FOR THE ELABORATION
OF THE REGIONAL HYDROLOGIC PLANS
(And FOR THE ORDERING
OF HYDROGRAPHIC BASINS)
Section 1a.
Phases of Elaboration of the
Hydrologic plans of the Regional Sub-Basins
I ARTICULATE 182.- Phases of Elaboration of the Hydrologic Plans.-The hydrologic plans of the secondary and primary Sub-Basins will contemplate the following phases metodológicas of elaboration:
1. Diagnostic and acopio of basic information: which it will understand: a) lifting of the representation cartográfica of the basin and its affluent; b) visits of field; c) public information and consultation with the community; d) meeting of all the available so much qualitative as quantitative information on the state of the resource, so that can be needed, in the possible more approximate way, its seasonal offering, this is, for periods in the year and in cycles of years;and) meeting of all the information related to the quantity of present users, the existing servants, the total of concessions offered, the total of volumes concesionados and other permission and authorizations in force offered for the aprovechamiento of the resource, so that its demand can be needed; f) The vertimientos authorized or permitted, the decision of the segments or sections of the current or body of water affected by the vertimientosits physical-chemical characteristics; g) The present uses of the floors aledaños and the uses permitted; h) the future demands, the demographic pressures on each system of exploitation and the other factors that cause predict future changes in the available quantity or in the quality of the resource; i) all the other informations required to formulate the content of the plan; and j) The studies and informative or technical documents thatOn other special associate-economic and environmental aspects of the sub-region, that they can impact in the code of the resource and of the basin.
2. Elaboration and formulation of the plan: which it will understand: a) The procedure of evaluation and analysis of the basic information; b) The formulation of the special and general goals of the plan, so much as for the quantity as to the quality of the resource; c) The procedure of ordering of the use resource in each section of the current and along all its journey, if is a matter of a river, orits bed if is a matter of a body of water lénticas; b) the editing of the plan with each one of the elements of its content, exposed in chapters and sections properly separated; b) the graphic aids or the liftings cartográficos corresponding; and c) the corresponding regulation al use of the resource by each section to all the long thing or around the journey of the basin to which the
Section 2a.
Of the Use Ordering Procedure of the Resource
I ARTICULATE 183.- Of The Procedure for the Ordering of the Use of the Resource.- The agency of competent basin, based on all the available information on the body of water that is going to order and its basin hidrogeográfica, will proceed as continues:
1. It will establish the present state of quality and quantity of the resource and the different uses consuntivos and instrumental existing by each journey or section of the same one and to all the long thing or around the body of water;
2. On the base of its present uses, will define the desirable qualities and expected of the resource in the temporary horizon of the plan, in order to conserving or to improve its quality or of reverting its process of contamination and deterioration; to this definition will be called it “decision of the objectives or put general of the plan;”
3. Based on the previous decision of the objectives or put of quality of the plan for all the resource, will determine the qualities expected for each journey or section of the current or body of water in the temporary horizon of the plan; to this definition will be called it “decision of the objectives or put specific of the plan;”
4 Once specific the objectives or put specific for each section or portion of the body of water, will define the restrictive qualities of the water in each journey and will determine its admissible use in each section or portion of the same one; said qualities should be should base on the national basic standards for each use and to be gone adjusting in the time with restrictive norms on vertimientos until achieving the quality desired; to thisit will call “decision of restrictive qualities and of use of the resource by journey;”
5. Based on the previous decision, will define the most minimum volumes to guarantee the quality of the water for each one of the uses pertaining to each journey and will establish the most minimum ecological volume; to this definition will be called it “decision of most minimum volumes by use;”
6. Based on the previous decision, will set the global quotas by each journey for the distribution of the water and the global or maximum quotas by each journey for the execution of vertimientos; to this definition will be called it “decision of the global quotas of consumption and vertimiento of the basin;”
7. Based on the previous definitions, will establish the type of activities that, by reason of the admissible use in each journey, can be carried out for each section or portion of the journey of the body of water; to this definition will be called it “decision of the admissible uses of the floor by each journey;”
8. Based on the previous thing, will set in a restrictive way the applicable standards in the basin on the different contaminants or vertimientos, in function of the most exacting use of the resource in each section of the river bed; to this definition it will be called “decision of the standards of contaminants and poured of the basin”
9. It based on the previous definitions of the plan, to the activities thus permitted will offer concessions or permission for the use of the water or for the execution of poured to all the long thing of the basin; the concessions or permission thus offered will contain the special demands on progressive and gradual restrictions in the quantity of the consumption or in the quality of the vertimientos, so that they go adjustingGeneral and specific they set by the plan in their temporary horizon.
Section 3a.
Of the Participation of the Community in
The elaboration of the Hydrologic Plans
I ARTICULATE 184o.- Of the Consultation and Discussion of the Plans with the Community of Users.- For the elaboration of the corresponding hydrologic plan the agency of competent basin should carry out consultations to the community of the users. Said consultations will consider object to inform the community on the purposes and goals of the plans and to obtain its diverse opinions al respect. The consultations to the users will be done through the Regional Commissions of Code, Administration and Regulation of Basins (to CROAK) and of the Common Associations of Users of Basins (ACUAM), once they be found constituídas.
The consultations to the community will be done in public audiences with the participation of the users. Being trying a Common Association of Users of Basin (ACUAM) the general assembly will be able to be met for the celebration of a public audience of consultation. In the other cases the assembly of a public audience in the form will proceed as establishes it the I articulate following.
I ARTICULATE 185o.- Consultation to the Community for the First Plan of Ordering.- When for the first time be going to devise on a basin a Hydrologic Plan, in order to causing to know the project to the users interested and of consulting its opinion, the agency of competent basin will perform when less three (3) successive publications with intervals of seven (7) days in a newspaper of extensive national or regional circulation, informing the community usuaria on the project of ordering of a basinAnd on the assembly to a public audience, that should be celebrated after polite seven (7) days of the publication of the last notice. In each city hall of municipality or district, inside whose territory be understood all or splits of the hydrographic basin that is going to to be ordered, notices in the same sense will be set.
In the notice they will be indicated the place, date and hour of the public audience and the order of the day or agenda that will be submitted to the consideration of the community of users.
Equal procedure will continue when the public audience should count on the presence of users of two or more Common Associations of Users of Basins (ACUAM).
I ARTICULATE 186o. - Ordering of Basins at the request of the Users.- It will be able to ask the ordering of a subcuenca (primary or secondary) or of a microcuenca, that himself be not found inside the priorities of the agency of basin for to be ordered, a plural number of users that dams you when except the 50% of the consumption of the current or body of water. In such case, the agency of competent basin will initiate the procedure of ordering and will call the public audience in the aforesaid form in the I articulate previous.
Equal disposition will proceed when he intend the extemporaneous revision of a hydrologic plan of code.
I ARTICULATE 187o. The Hydrologic Plans as Regulations of the Basin.- The Hydrologic Plans, by containing the regulation of the use and aprovechamiento of the respective current or body of water, they will be considered like regulations of the respective basin and their observance and fulfillment will be obligatory for all the users. For all the legal effects, and especially for it predicted in the articles 156 and 157 of the Decree Law 2811 of 1974, the Hydrologic Plan of a basin will have like the regulation of the use of the water of the basin to which correspond.
REGULAR I SAW
OF THE USES OF THE WATER :
I SURRENDER I
OF THE CLASSES AND RELATIVE GENERAL RULES
To THE USES OF THE WATER OF CONTROL I PUBLISH
I ARTICULATE 188.- Of The Classes of Uses of the Water. The classes of uses of the water, by its ways of acquisition, are them established by the article 51o of the Decree Law 2811 of 1974, to know:
A. By department of the law;
B. By concession;
C. By permission, and
D. By association.
Every person can use the water without authorization in the cases to the ones that refers the following article; and every person has the right to obtain public water use concession, in the cases established in this Decree.
Likewise, natural or legal every person, public or private, requires concession or permission of the agency of competent basin to make use of the public water or its river bed, save in the cases predicted in the law and the regulations
According to it established by the Article 158 of the Decree-Law 2811 of 1974, the territorial companies cannot encumber with taxes the aprovechamiento of water.
I ARTICULATE 189.- Uses by Department of the law.- All the inhabitants can utilize the water of public use while they reflect for natural river bed, to drink, to be bathed, abrevar animal, to wash clothes and any other similar objects, according to the sanitary norms on the matter and with those of protection of the renewable natural resources.
This aprovechamiento common should be done inside the restrictions that establishes the Clause 2 of the article 86 of the Decree - Law 2811 of 1974. When it be a matter of water that reflect for an artificial river bed, is also permitted to utilize them to all the inhabitants for domestic uses or of abrevadero, inside the same conditions to that refers the previous article, and provided that the use to that the water be destined require not that they be conserved in state of purity, neither damages they cause themselves al channel or ditch, or itself imposibilite or it hinder theAprovechamiento of the dealer of the water.
I ARTICULATE 190.- Use of the Water of Private Control.-: To use the water of private control with domestic end is required:
A. That with the utilization of these water herself not damage be caused al I found where are found;
B. That the domestic use be done without establishing derivations, neither to employ machines, neither apparatuses, neither to alter or to contaminate the water in form that himself imposibilite the aprovechamiento by the owner of the ground, and
C. That previously it have himself agreed with the owner of the I found the road and the hours to do cash that right.
The uses that treats this article and the ones that are acquired for department of the law do not confer exclusiveness and are free.
I ARTICULATE 191o. - Of the Abuse of the Right and Other Improper Conducts in the Use of the Water. Any authority will protect the abuse of the right in the utilization of the water, be that it be a matter of water of public domain that have been concesionadas or of water of private control, neither it will protect the waste or badly use of the same, any that be the title that was alleged.
The abuse or waste verified in the use of the water will be able to give rise to the unilateral revocation of the concession, permission or authorization on the part of the agency of competent basin, or to the imposition of fines and sanctions according to the law and to this regulation.
I ARTICULATE 192o. General and Indeterminate responsibility by the Use of the Water. Principles of Equity and Responsibility among Users- Without damage of the individual responsibilities that they correspond for objective damage or by infraction to the law and to the norms, are commonly responsible, in a general way and indeterminate, the users of the high water of a basin in relation to the quality and quantity that said water have down the basin for their successive users. Such responsibility, does relation to the quality and to the quantity of the resource and will be regulated among the different levels or categories of users by the agency of competent basin al moment to establish the different rates of the vengeful rates, compensatorias and of use, if I was a matter of a basin submitted to code. Equal principle will keep in mind himself in the common agreements of management and distribution of the water that be done inside the common associations of users of basins (ACUAM), according to the hydrologic plans of code of the respective basin, subcuenca or micro-basin and according to the forecasts of the present decree.
Based on the principle of equity and responsibility that treats this I articulate, based on it arranged by the I articulate 1o. Numeral 7o. of the law 99 of 1993, the competent environmental authorities will establish and they will set the rates of the vengeful rates, compensatorias and of use that correspond to the different categories of users of a basin.
I ARTICULATE 193o..- Obligations and Imposed Conditions al Concessionary or User of the Resource, by Permission or Authorization. Every concession, permission or water use authorization will impose al concessionary or regular of the permission or the authorization, obligations related to the conservation of the sources, river bed, margins and abundant, and will establish the conditions and the destiny of the vertimientos of the water that to should to be used by virtue of the concession, permission or authorization.
The requirements required by the agency of competent basin in the act that offers the concession they will be understood incorporated to civil or administrative every contract that be celebrated subsequently on the water concesionadas.
I ARTICULATE. - 194o. Extinction of the Right of Use.- the right one al use of the water is extinguished:
A) by the expiration of the term of the concession;
B) by the expiration or unilateral revocation of the concession in the terms established by the law and the regulations;
C) by expiration;
D) by express renunciation of the dealer
Paragrafo .- Al to be extinguished the concession they will revert al State, in head of the agency of competent basin, free and free of loads, all the works that hubieren been built inside the public domain, without damage of what have itself stipulated in the act that offered the concession.
The uses concesionados not to generate straight acquired. Based on motives of public utility and social interest, the agency of competent basin will be able to vary the terms and conditions of the concessions, attending to the availability of the resource, to the demanada and the the seasonal or qualitative variations of the resource.
I SURRENDER II
OF THE USES RESTRICTED OF THE WATER
I ARTICULATE 195o. - Classes of Uses Restricted of the Water.- According to its end, the classes of uses restricted of the water, superficial or subterranean, will be the following:
1. I CONSUME HUMAN.-
1. Production and drinkable water processing for human consumption and provision for domestic uses in the cases that require derivation of an acueducto;
2. CONSUMPTION OF THE ECOSYSTEMS, THE FLORA AND THE FAUNA.-
1. I consume, for preservation or improves, of natural species of flora and fauna or protection of the biodiversidad;
2. It reserves ecosistémica or limniológica for the conservation of the power autodepurador of the water;
3. USES AGRICOLAS, PECUARIOS AND PISCÍCOLAS-
1. Agricultural irrigation and silvicultura and direct or indirect every use of water with agricultural end;
2. Pecuario or for the provision of abrevaderos of semovientes and/or zoocrías, when derivation be required;
3. Fishes;
4. Acuicultura, when a derivation be required or the construction of reservoirs or prey of stirrup;
4. PETROLEUM , MINING, AND INDUSTRIAL USES.-
1. Industrial use consuntivo, or any water production form for its consumption in industrial or farming-industrial processes;
2. Mining exploitation and processing of minerals;
3. Exploration and petroleum exploitation;
5. USES FOR SERVICES EVENTUALLY CONTAMINANTS.-
1. It washed of vehicles, motor, machinery or elements that can contaminate the water used with oils lubricants and derived from the petroleum;
2. It washed of Machinery or industrial elements that can contaminate the water used with chemical elements;
6. GENERACION OF ENERGIA.-
1. Injection for generation of energy geotérmica;
2. Generation of hydroelectric energy;
3. Thermal or nuclear generation of electricity;
4. Generation of energy cinética direct;
7.TRANSPORTES.-
1. Flotation of ships and float to the sirga for the transportation of passengers, semovientes and load;
2. Flotation of woods;
3. Transportation of minerals;
4. Transportation of petroleum and derived;
5. Transportation of dangerous and toxic substances;
8. MEDICINAL, RECREATIONAL USES, CIENTIFICOS AND PAISAJÍSTICOS
1. Recreation and practice of sports náuticos or aquatic;
2. Medicinal uses, in the cases of water termales or medicinal;
3. Scientific investigation;
4. Technical verifications;
5. Uses Paisajísticos.
8. RECARGA ARTIFICIAL AND OTHER USES RESTRICTED.-
1. Recarga artificial of acuíferos;
2. Other uses privativos or restricted not regular, that they cannot be you considered like common uses.
9. USE FOR DILUTION AND ASIMILACIÓN OF POURED.-
1. Dilution of liquids and chemical or organic substances contaminants placed or poured in the body of water;
2. Asimilación of contaminants of vertimientos and car-recovery of the body of water
PARARRAYO 1o. The Department of the Environment will be able to define other uses restricted when intend to utilize the water for different end to the options predicted in the present I articulate, whose characteristics and conditions permit not to consider such uses as a way of the common uses. In such cases the Department of the Environment will establish the denomination for the new use and will define the content and reach of the same one.
PARARRAYO 2o. The ordering of basins based on the National Hydrologic Plan and in the Hydrologic Plans of the subcuentas they will be the base to determine the uses of the water in each one of the sections or sections of a current or body of water.
I ARTICULATE 196o. - Use of the Water for Domestic Human Consumption. It is understood for use of the water for domestic human consumption its employment in the following activities:
a. direct Beverage of water pota
b. Preparation of Alime
c.
d. Evacuation or unloads of organic waste hum
E. Satisfaction of other domestic, individual or collective needs, such as irrigation of gardens; diet, bath and discharge of organic waste of domestic animals; washed of personal property or domestic real estate to family or individual scale.
I ARTICULATE 197o. - Use of the Water for Consumption of the Ecosystems and for the Preservation of the Flora and the Fauna . It is understood for use of the water for preservation of flora and fauna, its employment in activities destined to maintain the natural life of the terrestrial and aquatic ecosystems and of its associated ecosystems, without causing sensitive alterations in them, or for activities that permit the reproduction, survival, growth, extraction and aprovechamiento in any of its forms of species hidrobiológicas.
It is considered that they form part of this use the reserve limniológica, the ecosistémica or the volume of ecological reserve that be necessary to maintain the ecosystem of the body of water, its natural alive beings and the own capacity of autodepuración of the water.
I ARTICULATE 198o. .- Agricultural Use of the Water. It is understood for agricultural use of the water, its employment for irrigation of cultivations and other connected or complementary activities.
I ARTICULATE 199o. .- Use Pecuario of the Water. It is understood for use pecuario of the water, its employment for the consumption of animals, as well as for other complementary and connected activities.
I ARTICULATE. 200o.- Uses Piscícolas and Acuícolas. - The uses piscícolas and acuícolas can be that of the fishing and that of the acuicultura.
It is understood for use of fishing the employment of a current or body of water for the extraction, by artificial media permitted and in periods authorized, of the fish, moluscos and crustaceans that in it live and develop, be in a natural way or as product of it sows and artificial establishment of species.
By acuicultura the employment of the resource for the reproduction is understood and growth of agencies hidrobiológicos in places confined, as reservoirs, floating cages or other structures, be with end of subsistence, promotion, or scientific, or for the diet of other agencies or its aprovechamiento commercial.
I ARTICULATE 201o. Mining, Industrial uses and Tankers of the Water. They are understood for such the employment of the water in some of the following activities:
A.Industrial: The productive or manufacturing processes of manufacturing exploitation, for the assembly, the prosecution, the production or the physical, chemical or biological transformation of substances and organic and inorganic materials, with manual, mechanical, electronic or biological methods, as well as all those that they be them connected and complementary.
B. Mining: The processes of mining industry extractiva, to open or subterranean sky, or by alluvium, of not metallic and metallic minerals and its subsequent processing;
C.Petroleum: The own processes of the activities of exploration and exploitation of hydrocarbons, and its transformation and industrial refining for the production of its derived;
D. Use Agroindustrial. It is understood for use farming-industrial, the aprovechamiento of the resource in activities of production and primary prosecution of food and agricultural supplies.
I ARTICULATE 202o-.Usos of the Water For Services Eventually Contaminants.- They are all those activities of service that employ the water in industrial or commercial scale and that eventually can be causes of medium or high contamination of the water, derived from their use, as the washed of vehicles or machines, that of elements or containers that contain substances or residues chemical or biological infectious, or the washed of organic products.
I ARTICULATE 203.- Use of the Water for the Generation of Energy.- It is the employment of the water as medium to produce energy or as intake or ingredient in any electric energy generation process.
It is understood for energy use of the water, its employment in:
1. Generation cinética, as in the movement of mills;
2. Hydroelectric generation and termoeléctrica;
3. Nuclear and thermal generation.
4. Injection for generation of geo-thermal energy.
I ARTICULATE 204.- Use of the Water for Transportation. It is understood for use of the water for the transportation, its employment for the navigation of any type of embarkation or for the mobilization of materials in activities that imply direct contact.
The uses of the water for transportation will vary in its conditions according to what be object of the transportation, attending al risk that the activity imply for the persons and the resource or the ecosystems.
I ARTICULATE 205.- Use of the Water for Sports and Recreational End. It is understood for use of the water for recreational end, its utilization in:
A. Activities that imply primary contact, understood this as the direct contact among the human body and the resource, generated in the development of activities, p. ej. the swimming, the I dive and the medicinal baths.
B. Activities that imply secondary contact, understood this as the not necessarily direct contact among the human body and the resource, generated in activities, p. ej. the navigation in small embarkations.
I ARTICULATE 206. - Medicinal Uses.- Are the uses of water termales or medicinal with curative end or for the relief of illnesses or pains.
I ARTICULATE 207. - Technical and Scientific Uses.-Is the employment of the water, or of sections or portions of a current or body of water, for the execution of investigations or scientific experiments of any nature or the practice of technical verifications.
The technical or scientific uses can be at the same time of two categories;
1. Routine uses of control or without risk for the environment, the alive natural resources or the human health; and
2. Dangerous uses or that imply risk for the environment, the alive natural resources or the human health.
I ARTICULATE 208.- Use Paisajístico.- Is the employment of the water, or of a section or portion of a body of water, as ingredient or esthetic element, component of a natural or artificial landscape, and its aprovechamiento in the harmonization and embellecimiento of the exterior aspect of the environment.
I ARTICULATE 209.- Use of the Water for the Recarga Artificial of Acuíferos. It is understood for use of the water for the recarga artificial of acuíferos the infiltration induced of volumes of water since the surface toward the acuíferos, taking advantage of artificial or natural conditions such as the formation of beds, channels, reservoirs, wells and similar.
I ARTICULATE 210.- Use for Dilution and Asimilación. It is understood for use for dilution and asimilación, the employment of the resource for the reception of liquid residues, whenever it impede not its subsequent utilization according to the plan of prior code of the same one or with the environmental norms in force.
I ARTICULATE 211.- The Uses Privativos of the Water and the Ordering of the Uses of the Resource in the Hydrologic Plans.- The so much, Hydrologic Plans the National one as the of the Sub-Basins and micro-basins, they will determine the uses privativos or restricted admissible for each journey or section of a current of water, or each sector around the bed of a body of water lénticas.
For such decision they will keep in mind the definitions and concepts that treat the preceding articles of this chapter.
I ARTICULATE 212.- Señalización of the Uses for Prevention of the Community.- Once they assigned the uses to a current or body of water, the agency of competent basin señalizará properly the sections with specification of the use permitted and especially will do it instead of easy access to the persons.
Always they should be señalizados the sections of the current authorized for bath and sports and recreational uses, and those that they offer danger for the human health by the contamination of the water.
The Department of the Environment estandarizará the notices and signs so that be equals in all the national territory.
I SURRENDER III
OF THE ESTANDARES NATIONAL MINIMOS
OF QUALITY OF THE WATER FOR THE ORDENACION
OF THE USE OF THE RESOURCE
I ARTICULATE 213.- Assignment of the Use to each Section or Portion of the Body of Water.- The agency of competent basin, al to assign to each section or portion of a current or body of water a determined use in the corresponding hydrologic plan, will keep in mind that the admissible most minimum values of quality for each use be the ones that are established in the present chapter
I ARTICULATE 214.-.Valores Aforesaid.- The values assigned to the references indicated in the present Chapter will be understood aforesaid in milligrams by liter, mg/L, except when other units be indicated.
I ARTICULATE 215.- Standard Minimums of Quality of the Water for Human Consumption before Processing for Potabilización.- The national most minimum standards of admissible quality for the destination of the resource for domestic and human consumption are the ones that are related subsequently, and indicate that for its potabilización conventional processing is required only:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
Parágrafo 1: The condition of value "not detectable" will be understood that it is it established by the method approved by the Department of Health.
Parágrafo 2: Themselves not visible movie of greases will be accepted and floating oils, floating materials, radioisótopos and other not removibles by conventional processing that they can affect the human health.
I ARTICULATE 216.- Most minimum standards of Quality of the Water for Human Consumption before its Disinfection for Potabilización.- The national standards minimums of admissible quality of the water for the destination of the resource for domestic and human consumption are the ones that subsequently are related, and indicate that for its potabilización alone disinfection is required:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
Parágrafo: Themselves not visible movie of greases will be accepted and floating oils, floating materials originating from human activity, radioisótopos and other not removibles by disinfection, that they can affect the human health.
I ARTICULATE 217. Most minimum standards of Quality of the Water for Agricultural Use.- The national most minimum standards of admissible quality for the destination of the resource for agricultural use are the following:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
I ARTICULATE 218.- Standard National Minimums of Quality of the Water for Use Pecuario.- The national standards minimums of admissible quality for the destination of the resource for use pecuario, are the following:
I ARTICULATE 219.- Standard National Minimums of Quality of the Water for Sports and Recreational Uses by Primary Contact.- The national standards minimums of admissible quality for the destination of the resource for sports and recreational end by means of primary contact, are the following:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
Parágrafo 1: Themselves it will not be accepted in the resource visible movie of greases and floating oils, presence of floating material originating from human activity; toxic substances or irritantes whose action by contact, consumption or inhalation, produce adverse reactions on the human health.
Parágrafo 2: The nitrogen and the match should be in proportion that cause not eutroficación.
I ARTICULATE 220o.- Standard National Minimums of Quality of the Water for Sports and Recreational Uses by Secondary Contact .-The criteria of admissible quality for the destination of the resource for recreational end by means of secondary contact, will be the following:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
Parágrafo: Besides the criteria of the present I articulate them they will keep in mind themselves established in the parágrafos 1 and 2 of the I articulate previous.
I ARTICULATE 221.- The criteria of admissible quality for the destination of the resource for esthetic use are the following:
a. Absence of floating material and of foam, originating from human activity;
b. Absence of greases and oils that form visible movie;
C. Absence of substances that produce smell.
I ARTICULATE 222.- Standard National Minimums of Quality of the Water for Flora Preservation Uses and Fauna.- The criteria of admissible quality for the destination of the resource for preservation of flora and fauna, in sweet, cold or hot water and in marine water or estuarias are the following:
Reference Aforesaid as Value
ALL THE VALUES TO INCLUDE HERE ARE DECISION TECHNICAL-CIENTIFICA OF THE DEPARTMENT, IF is DECIDED TO MODIFY, AS SEEMS NECESSARY, THE PERTINENT THING OF THE D. 1594/84
Parágrafo: As additional criteria of quality for the uses that treats the present I articulate, should not be presented substances that give smell or flavor to the weaves of the aquatic agencies, neither turbiedad or color that interfere with the activity fotosintética.
I ARTICULATE 223.- Bioensayos to Establish the Values of the CL 96/50.- It corresponds al agency of competent basin the execution of bioensayos that permit to establish the values of the CL96/50 of the parameters contemplated in the I articulate previous, as also the establishment of the NMP of coliformes total for acuicultura and the values for temperatures according to the diverse situations.
I ARTICULATE 224.- Standard National for Uses of Transportation, Dilution and Asimilación.- To protect the security of the persons and the goods, will be considered as unacceptable for the uses of transportation the quality of every current or body of respected water in the third level that treats the I articulate 100 of this statute to be about to be the basin intervened and submitted to monitoring by serious or extreme Degradation.
The agency of competent basin will be able to establish most minimum standards of quality of a body of water with end of transportation, when in his judgment said quality contribute to the protection of the persons and of the wild life or have I tighten relation with the public security or that of the ecosystems.
I ARTICULATE 225.- Standard National for Uses of Dilution and Asimilación . -For the uses of dilution and asimilación themselves not national most minimum standards of quality are established, but the vertimientos authorized by the hydrologic plans and by the agencies of competent basin in the respective sections of the body of water only themselves podran to authorize in function of the other uses assigned and of the qualities that constitute the objective of quality of the resource and of the basin.
The absence of national most minimum standards of dilution or asimilación do not exempt al agency of competent basin of its responsibility to set the maximum limits of vertimientos compatible with the uses assigned al body of water in its different sections or portions, neither to exercise its you owe of control of them poured.
They will not be able to be authorized vertimientos in a body of water in which the agency of competent basin have not reckoned the capacity of dilution and asimilación of them poured in function of the other uses assigned to the different journeys or portions of the body of water and of the quality that constitutes the objective of oprdenación of use of the resource.
I ARTICULATE 226.- Other Criteria for Industrial Use.-For the industrial use themselves not criteria of quality are established, with exception of the activities related to exploitation of river bed, beaches and beds, for which they should keep in mind the criteria contemplated in the parágrafos 1 of the I articulate 230 and in the I articulate 231 in the referring thing to toxic substances or irritantes, pH, greases and floating oils, floating materials originating from human activity and coliformes total.
Parágrafo: The criteria of quality to that does reference the present I articulate they will apply only when there be direct contact.
I ARTICULATE 227 Values of Restrictive Uses in Multiple Uses Assignment Cases.- In the places where multiple uses be assigned, the criteria of quality for the destination of the resource, they will correspond to the most restrictive values of each reference.
I ARTICULATE 228.- Quality Criteria Modification.-The agency of competent basin will be able to complement or to modify the water quality criteria for the different contained uses in the present Decree, when by reasons of protection of the natural resources and of the human health be required, according to the procedures established in this statute for the modification of the norms of vertimiento and of the criteria of quality.
REGULAR VII
STATE OF CERTAIN CATEGORIES
SPECIAL OF WATER
I SURRENDER I
WATER RAINS
I ARTICULATE 229.- Rains Water Use.-Without damage of the public domain of the water meteóricas, the owner, possessor or holder of a ground can be served without need of concession or any permission of the water rains that fall, they flow or they be collected in this, while by this they reflect.
It is prohibited the execution of works in own ground that impede to an alien ground to be take advantage of the water rains that should receive for escorrentía natural, unless mediate contract or convention.
I ARTICULATE 230.- Rains Water Concession.- Concession for the rains water use will be required when these water form a natural river bed that cross various grounds, and when still without being channeled they leave of the boundaries of the real estate.
I ARTICULATE 231.- The construction of works to store, to conserve and to conduct water rains will be able to advance in the measure that these cause not damages to third parties, they alter not births neither sources of superficial water neither they deprive to the neighboring grounds of the servants of escorrentía natural or of receipt of water.
I SURRENDER II
WATER SUBTERRANEAS
Section 1a.
General dispositions
I ARTICULATE 232.- Special Protection of Acuíferos Subterranean.- The agencies of competent basin will give special protection to the acuíferos subterranean and they will take the necessary measures to avoid their sobreexplotación, salinización, exhaustion, contamination or undue recarga.
I ARTICULATE 233.- Right al Birth of Subterranean Water .-Every owner, possessor or holder of an I found rural or sub-urban that have not direct access to superficial water of public domain of admissible quality for its use and farm, domestic consumption or agroindustrial, and that be not connected to a system of acueducto, has the right to light in its own ground subterranean water of public domain to be served of them ern its domestic uses.
Also it will have the right al birth of subterranean water of public domain the owner, possessor or holder of an I found that it show that the superficial water that they have been it concesionadas are insufficient for the farm and domestic uses by him required.
I ARTICULATE 234.- Prelación of Use of Subterranean Water and Concessions to third parties.- The owner, possessor or holder of an I found will have first priority and prelación on all the other eventual users to be served of the subterranean water lightings inside the boundaries of its estate, and to utilize them in its agricultural, domestic uses, pecuarios and agroindustriales; but by reasons of public utility and social interest and if the capacity of recarga natural of the subterranean deposit permits it, the excessive water that theDo not use, or need not, they will be able to be concesionadas to third parties that lack the resource in their grounds, if that fuere the ecologically convenient and most economic way to guarantee them their right of access to the water of public domain.
I ARTICULATE 235.- Exclusion of Urban Grounds for the Private Birth of Subterranean Water .-It is prohibited the birth of water in urban grounds unless be for the installment of a public utility of acueducto and subject to concession of the competent environmental authority. The existence of a well in contravención of it here arranged will give place al procedure of expropriation of the land by reasons of utility publishes and social interest, in order to destining the water of the acuífero subterranean al home public utility of the population that treat.
I ARTICULATE 236.- Prohibition of Works in Stripes of Protection.- Himself not the construction of wells will be permitted, cottages of I pump and other works civil associates with the aprovechamiento of subterranean water on the stripes of protection of the bodies of water, indicated in the I articulate and following of the present Decree.
I ARTICULATE 237.- Of the Demand of the Permission to Explore Subterranean Water .-The research, exploration and drilling of wells for the birth of subterranean water, still in lands of private control and in uncultivated national, is an activity holds to prior permission of the agency of competent basin.
I ARTICULATE 238.- Of the Demand of the Concession to Exploit Subterranean Water .-The exploitation of an acuífero subterranean for any use permitted of its water, be consuntivo or instrumental, still in lands of private control and in uncultivated national, is an activity holds to prior concession or to mercy of water, offered by the agency of competent basin.
I ARTICULATE 239.- Definition of Basic Farm and Domestic Consumption (Individual and Family) of an Acuífero Subterranean.- It will be considered as I consume domestic and farm basic of an acuífero subterranean the individual exploitation by the owner of a single rural or sub-urban ground and his family of a quantity of water that do not surpass on the average monthly the eight cubic meters for day (8M3/día). The agency of competent basin will be able to submit al control of consumption by means of meters the wells with exploitations over this volume average.
Also it will be considered as I consume domestic and farm basic of an acuífero subterranean when the activities of use of the acuífero advance for the owner or holder of an I found for its domestic uses and for agricultural irrigation of an only ground of its property that exceed not of ten (10) hectares cultivated.
I ARTICULATE 240.- Definition of Consumption in Great Scale of an Acuífero Subterranean.- It is considered that an acuífero is exploited in great scale when of the same body of water is extracted for its only user, or for all its users if fueren various, a volúmen annual equal or over the seven thousand cubic meters (7.000 M3/año).
Any exploitation of an acuífero that equalize or surpass the seven thousand cubic meters per year (7.000 M3/año), will require study hidrogeológico of the zone subject to al granting of the permission of exploration and of the concession of exploitation.
Every exploitation of an acuífero with the characteristics described in the present article will be low monitoring, measurement and permanent control to avoid its sobreexplotación.
I ARTICULATE 241.- Census, Locating and Characterization of Acuíferos Subterranean in Exploitation.- Inside the five (5) first subsequent years to the force of the present statute, all the Regional Autonomous Corporations and of Sustainable Development, they should have count, located and characterized all the acuíferos subterranean that they be found in exploitation in the territory of their jurisdiction and established and demarcated the Special “Perimeters of Protection of Acuíferos Subterranean.”
In the plans of code of the respective basin, sub-basin or micro-basin will be included a program of census, locating and characterization of acuíferos subterranean, with a cronograma of fulfillment that will not be able to exceed of the five (5) years to that refers this article.
Section 2a.
Special measures of Protection
of Acuíferos Subterranean
I ARTICULATE 242.- Measures and Instruments of Protection of Acuíferos Subterranean.- It given the fragility of the water systems subálveos, their risks of salinización and exhaustion and the almost completely irreversible character of their contamination, they will deserve special protection and careful management on the part of all the environmental authorities and of the users of the same, be persons of public right or of private right.
Are measures and administrative instruments of protection of the acuíferos subterranean:
1. The declamatory administrative one of an area as special “perimeter of protection of acuíferos subterranean;”
2. The individual statement of aprovechamiento;
3. The permission of research, exploration and drilling;
4. The concession for the exploitation of acuíferos;
5. The special permission of vertimientos;
6. The permission of recarga artificial of acuíferos;
7. The administrative Statement of sobreexplotación; and
8. The wells exhaustion Statement subálveos.
§ Sub-section 3a.
Declamatory Administrative of Special “Perimeters
of Protection of Acuíferos Subterranean”
I ARTICULATE 243.- Of the Declamatory one of an Area as Special “Perimeter of Protection of Acuíferos Subterranean.-” When an area of a basin be submitted to relatively intensive exploitation of subterranean water, or exist in her sobreexplotación of acuíferos or itself encontraren these in risk to be it, or exist not in the region sufficient availability of superficial water to attend the demand, or itself temiere the exhaustion of the water resources subway of the zone, the agency of competent basin should identify and to delimit the main zonesOf recarga natural of the acuíferos and “to declare them like Special Perimeter of Protection of Acuíferos Subterranean”, if itself there be not done inside the forecasts al contained respect in the corresponding hydrologic plans, al state of the arranged thing al respect by this statute.
The previous declamatory one supposes immediately the constitution of a reserve of water on the zone delimited, the demarcation of the zones of recarga natural, the expedition of norms and measures tending toward protecting the recarga natural of the acuíferos sobreexplotados or in risk of being it, the restrictions to the consumption concesionados that fueren of the case, the reserve of special areas for the public provision wells construction andCessation in the granting, on the part of the agency of competent basin, of all new permission of exploration or of all new subterranean water exploitation concession in the area. The resumption in these permission and concessions will depend on the result of the studies hidrogeológicos that be carried out, of the controls and monitorings on the behavior of the filled natural of the acuífero and of the final technical evaluation that permit or exclude additional exploitations.
The agency of competent basin will owe, to order the works and controls that fueren of the case, to impose sellamientos of wells if I was needed, to indicate schedules and maximum volumes of extraction and to take in general all the measures predicted by the law and the regulations tending toward protecting and to conserve the infiltration in the zones of recarga natural of acuíferos, given the direct relation that exists among the superficial water and theSubterranean.
The statement of the Special “Perimeters of Protection of Acuíferos Subterranean” will be done without damage of the contained forecasts in the corresponding hydrologic plans and with subjection to these.
PARAGRAFO. The corrective and preventive measures and the works tending toward the protection of the resource to conserve and recargar the acuífero subterranean in private lands of the users that they exploit they should be executed it for these to their coast. If it fuere precise al agency of competent basin, to avoid a greater or imminent damage of the acuífero, to incur in the expenses of the technical studies and of the corresponding works, this will be able to transfer that cost to the users establishing some form of paying off in the time, in an independent way to the rates of use that legitimately charge on the consumption of the resource.
Section 4a.
The Individual Statement of Aprovechamiento
of an Acuífero Subterranean
I ARTICULATE 244.- Statement On State of Aprovechamiento of Subterranean Water.-Natural or legal every person, public or private, will be in the obligation bianual to do a statement on the state of aprovechamiento of a well of subterranean water. Said statement will be contained in an unique national form that they will devise, they will print and they will distribute all the agencies of competent basin, according to the standard model that establish the Department of the Environment, in which the basic technical information on the state will be consigned of the acuífero and the condition of the water. The form should go vouched for by an engineer geologist or hidrólogo and will contain when except the following information:
1. Average of for day, per year, aforesaid consumption in cubic meters for day or in liters by second;
2. Bacteriological and physical-chemical analysis of the quality of the water;
3. Turbiedad;
4. Main use al that the water is destined;
5. Seasonal Epochs of decrease of volumes (indication of the average of decrease for day);
I ARTICULATE 245.- Statement of Exhaustion of An Acuífero Subterranean.- The statement of exhaustion authorized by the present statute for superficial water is applicable for the subterranean water by motives of qualitative and quantitative availability of the same.
Section 5a.
Permission of Research, Exploration AND
Drilling of Subterranean Water
I ARTICULATE 246.- Permission of Exploration of Acuíferos Subterranean.- The natural or legal persons, public or private, that they desire to explore in search of subterranean water, they should present request of permission al agency of competent basin, with the requirements required to obtain concession of water, except the relacionads with the conditions of quality and quantity of the water that is not yet known.
I ARTICULATE 247.- Exemption of the Requirement of the Permission of Exploration.- If the well or work for aprovechamiento of subterranean water is found inside a subterranean basin already known by the agency of competent basin, will be able to exonerate of the permission and of the process of exploration al petitionary.
All the hydrologic studies and documents in being able of the agencies of competent basin in relation to the information hidrogeológica of the acuíferos subterranean are public documents that should put available to any person that want to consult them. The negative to do it acarrerá al responsible official the penal and disciplinary sanctions that fueren coming
I ARTICULATE 248.- Content of the Request of the Permission of Exploration.- The natural or legal persons, public or private, besides accrediting their existence and legal representation when fuere the case, they should accompany to the request the following thing:
A. The documents that accredit the personería or identification of the solicitante, or the power if work through attorney;
B. The locating of the ground, on geographical, topographical plan or catastral and indication of the extension of the ground or grounds to explore, needing if are own, alien or uncultivated;
c. Certificate of the Registrador of Private and Public Instruments on the registration of the real estate or the adequate test of the possession or possession;
D. Authorization written, with the firm authenticated of the owner or proprietary of the fundos where the explorations are going to carry out themselves, if I was a matter of alien grounds.
e. Name and registration of the engineer geologist or hidrólogo that will direct the works and social reason and number of inscription of the business drill;
f. Relation and specifications of the team that is going to use in the drillings;
g. System of drilling to employ and work plan;
H. Uses that are going to give it itself al water and abundant requested in liters by second, for day and per year;
I. Indication of the other water provision sources with which counts the ground and if has or not prior concession of superficial and/or subterranean water.
j. Relation of the other aprovechamientos of existing subterranean water inside the area outside of the ground to explore, if fueren known;
k. Study Hidrogeológico of the zone with the description of the characteristic hidrogeológicas of the area, elaborated by expert engineer and properly registered;
l. Surface for which the permission is requested and term of the same one;
PARAGRAFO 1.- The requests of the subterranean water wells drilling projects for consumption in great scale will require to be vouched for or subscribed by the engineer geologist or hidrólogo responsible for the works of exploration and corresponding drilling.
In the projects of consumption in great scale the petitioner should accompany an evaluation of the environmental impact of the exploration and the exploitation of the acuífero.
In the subterranean water wells drilling projects for domestic basic consumption and farm, himself will not be required to present for the petitioner the information that treat the literal and), f), g) and k) of this article; but the agency of competent basin will owe acopiar directly and by its account said technical-scientific data to take its decisions on the use and administration of the water of the acuífero corresponding.
PARAGRAFO. 2 - In the event that consumption in great scale be projected, the solicitante should present the study of environmental impact to obtain the environmental license, that will include the permission of exploration.
I ARTICULATE 249.- Study Hidrogeológico. In the cases that the Study be required Hidrogeológico, this should contemplate, when less, the following aspects:
1. Cartografía geological superficial.
2. Information hidroclimatológica.
3. Geophysical investigation.
4. Water points inventory (wells and spring) and bodies of water in the area Adjacent al ground, in which the exploration of subterranean water is projected.
5. Information hidrogeológica of existing wells.
6. Model hidrogeológico of the zone.
7. Analysis of the quality of the water of the subterranean and superficial sources, if there are them.
8. Subterranean water potential.
9. Water balance in the cases in which technical information exist required.
PARAGRAFO. In zones where the agency of competent basin count on studies hidrogeológicos complete of the subterranean water, these will be able to be consulted by the solicitante and the consultants or construction of wells, and utilized or referenciados for the corresponding effects
I ARTICULATE 250. Wellsreinstatement request . For the wells reinstatement requests that have obtained concession of subterranean water, the agency of competent basin will be able to consider the study hidrogeológico existing and the technical characteristics and hydraulics of the well to replace.
In the event that the reinstatement imply a well of greater depth, the agency of competent basin will be able to request information hidrogeológica complementary, if the geophysical investigation had not been sufficient and if the agency of basin does not arrange of information that the complemente.
I ARTICULATE 251.- Procedure of the Request and Term to Resolve.- It received the request of exploration properly formulated and with the full one of the requirements and informations required, the agency of competent basin will proceed to studying it in its aspects técnixos and environmental and will decide in a time limit that will not be able to exceed of sixty (60 during the day.
I ARTICULATE 252.- Granting and Conditions of the Permission of Exploration.- Based on the studies to that refers the article 261, the agency of competent basin, will be able to offer the permission. In the permission they will be established all the conditions and necessary technical characteristics to perform the exploration
If the beneficiary fuere a person natural or legal private themselves besides they should be included the following conditions:
A. That the area of exploration exceed not of 1.000 hectares, whenever on the same zone not other requests exist that imply to reduce this extension;
B. That the period be not greater of a year, and
C. That the it interested lend precaution of fulfillment to satisfaction of the agency of competent basin.
PARAGRAFO. Al moment to evaluate the information and to consider the permission, the agency of competent basin will do the evaluation of the environmental effect of the permission requested, according to the forecasts of the hydrologic plan.
I ARTICULATE 253.- Technical Aspects of the Process of Exploration.- In the process of exploration they will consider themselves account the permisionario the following aspects for the effects of the report final report post-exploration:
1. Cartografía geological superficial;
2. Hidrología superficial;
3. Geophysical research;
4. Drilling of exploratory wells;
5. Trial of I pump;
6. Analysis físicoquímico of the water, and
7. Compilation of data on need of existing water and required.
I ARTICULATE 254.- Post-Exploratory Report End of the Permisionario. - Al subterranean water exploration every permission term, the permisionario has a time limit of sixty (60) work days to deliver al agency of competent basin, by each well perforated, a report subscribed or vouched for by an engineer geologist or hidrólogo properly registered that it have directed the works, which should contain, when less, the following points:
1. Location of the well perforated and of other that they exist inside the area of exploration or next to this. The location will be done for geographical coordinates and provided that being possible based on letters of the Geographical Institute "Agustín Codazzi";
2. Description of the drilling and copy of the geophysical studies, if itself hubieren done;
3. Depth and method of drilling;
4. Profile estratigráfico of all the wells perforated, have or not water, description and analysis of the geological formations, thickness, composition, permeabilidad, storage and real performance of the well, if fuere productive, and technical employees in the different phases. The holder of the permission should deliver, when the company require it, samples of each geological formation crossed, indicating the elevation of the upper and lower level to that corresponds;
5. Leveling of elevation of the well with relation to the bases altimétricas established by the Geographical Institute "Agustín Codazzi", static levels of the water, levels during the test of I pump, element utilized in the measurement, and information on the levels of the contemporary water to the test in the observation wells network, and on the other hydraulic parameters properly calculated;
6. Quality of the water; analysis fisicoquímico and bacteriological, and
7. The other data that the agency of basin have established in its norms of regional reach or in the hydrologic plan that correspond.
I ARTICULATE 255.- Test of I Pump.- The test of I pump to that refers the point and) of the I articulate previous should be supervised for an official appointed by the agency of competent basin.
I ARTICULATE 256.- The Permission of Exploration as Prerequisite of the Subterranean Water Concession Request.- The subterranean water exploration permission do not confer concession for the aprovechamiento of the water, but they will give priority al regular of the permission of exploration for the granting of the concession in the predicted form by the present statute.
Once it concluded the procedure of exploration, the permisionario, if lit subterranean water can proceed to ask the concession of its use. The exploratory Permission is prerequisite to request the concession, unless the agency have exempted of the requirement of the permission al solicitante in the cases predicted by the present statute.
Section 6a.
Concession for the Exploitation of
Acuíferos Subterranean
I ARTICULATE 257.- Demand of the Concession of Subterranean Water and Exception to the Rule.- The aprovechamientos and exploitations of subterranean water in the meantime in own as alien grounds, require concession offered by the agency of competent basin, with exception of the ones that they be utilized for domestic uses in property of the beneficiary or in grounds that this I have in possession or possession.
The concession of subterranean water will include the permission of construction of the works of the well to grasp them.
The concesioners of subterranean water they will be offered with strict subjection to the corresponding hydrologic plans.
I ARTICULATE 258.- Exploitations Legalization time Limit not Concesionadas.- The present aprovechamientos of subterranean water done not protect by concessions will be able to continue, but the beneficiaries will have a time limit of two (2) years, from the force of this Decree, for its legalization.
The agency of competent basin, will be able to defer this time limit, with general character, by sub-basins or hydrographic micro-basins, if exceptional circumstances or of greater force it hicieren necessary.
§ Subsección 1a.
Permission of Construction of
Works of Collecting of a Well
I ARTICULATE 259.- Of The Permission of Construction of the Well or Subterranean Water Collecting Work. The permission of construction of the well or subterranean water collecting work is the one that offers the agency of competent basin, in the same administrative act that the concession of the subterranean water confers, so that a natural or legal person, public or private, can advance the construction of the necessary works for the collecting of the water of an acuífero subterranean, looking to its aprovechamiento.
PARAGRAFO.- In the event in which the agency of competent basin arrange of studies hidrogeológicos basic of the zone of interest himself will not be required the prior permission of exploration of subterranean water, but based on the available information will be offered direct and simultaneously the concession of the subterranean water and the permission of construction of the well or work to grasp them.
I ARTICULATE 260.- Information required to obtain the Works construction permission of a Subterranean Water Collecting Well . The holder of the permission of exploration, once performed the exploratory drilling and previously to it takes of the physical registrations of the well, should report al agency of competent basin on the design of the works of collecting of the water, presenting the following information:
1. Profile estratigráfico;
2. Electric registrations;
3. Prediseño of the collecting of acuíferos;
4. Type of materials to utilize, including the type of gravel for the prefiltro;
5. Prediseño of the zones of protection of the well (seals);
6. Registrations of conductividad electric and temperature.
I ARTICULATE 261.- Procedure of the Works construction permission of a Well. The agency of competent basin, based on the information supplied and available, and if the works projected himself ajustaren to the technical norms required, will offer the collecting works construction permission in the same administrative act in which offer the respective concession of water.
If the works projected requirieren adjustments or corrections, thus will cause will know it the agency about basin al petitionary, by communication written and detailed, so that this correct its project inside the thirty (30) following days.
Despite the simultaneidad in its procedure and in the act that on both decides, the granting of the works construction permission of a well has suspension effect on the granting of the concession of subterranean water, so that until the agency of competent basin cannot offer the first one, can neither grant the second.
PARAGRAFO. When the agency of competent basin deny finally the permission of construction of the well and the concession of subterranean water, will order al regular of the subterranean water exploration permission to do the sellamiento of the drilling of test according to the methods and time limit established in the same one.
The denial of a permission of works of a well or of a concession of subterranean water should be motivated and will be holds al control of legality and of motives by the quarrelsome-administrative jurisdiction
I ARTICULATE 262.- Criteria for the granting of the permission of construction. The agency of competent basin, al to send off the permission of construction in the act in which offers the concession of water, should consider, among others, the following aspects: hydraulic Parameters of the acuíferos, the radio of influence of the well projected and of the existing wells, the isolation of the units acuíferas, the most minimum distance to superficial sources of public or private water and to establish the technical characteristics of the new oneDrilling.
PARAGRAFO.- In those cases in which the agency of competent basin arrange not of necessary technical information to determine the radios of influence among wells, with relation to one projected, neither this be supplied by the petitioner, will define, based on the available information, a most minimum distance among the same that will not be able to be lower to a hundred meters (100.00 M). Also it will be able to condition the design of the well to the results of a hydrologic study of the acuífero or to establish schedules of I pump among the different users.
If existieren you doubt technical or risk founded of sobreexplotación of the acuífero, he will not be able to grant the collecting of new works permission of a well to obtain not the necessary technical information to determine the radios of influence among the different drillings or wells of collecting.
I ARTICULATE 263.- Content of the Resolution of Granting of the Concession of Water in relation to the Permission of Works of A Well. The administrative act that offer a concession of subterranean water will offer also the permission of construction of the well or work of collecting. The administrative resolution will contain al respect, when less, the following thing:
1. Locating of the well or work of collecting.
2. Use that is going to give it him al subterranean water.
3. Characteristics of construction of the well or work of collecting.
4. Term of the permission, which will not be able to be over two (2) years.
5. The constitution of a fulfillment guarantee policy in whose case the agency of competent basin will be able to require the policies of guarantee until an equivalent value al 70% of the costs of construction of the well or work of collecting.
6. It it indicated in the numerales 1, 4, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the I articulate 365 of the present Decree; (Content of the Concession of Water)
I ARTICULATE 264.- Interference among two or more wells. To avoid the interference that can be produced among two or more wells, the agency of competent basin, keeping in mind the radio of influence of each one, will determine the most minimum distance that should mediate among the drilling requested and the existing wells, the ceiling and maximum depth of the acuíferos that can be grasped, the most minimum or maximum depth of the drilling and the maximum volume that will be able to be lit.
It is understood that the interference occurs when the area of influence of a well al to pump it intersecta the area of influence of a neighboring well.
The agency of basin likewise will define the most minimum distance to springs or superficial sources that can be seen affected by the new exploitation.
PARAGRAFO . When a well in operation exist, that have not obtained the corresponding permission and the agency of competent basin have not the information on their existence, that originate interference with relation to new wells that have completed with the legal requirements, the first will owe supeditarse to the conditions of exploitation that determine the agency of competent basin and still to their cegamiento if have not been legalized.
In this case the aprovechamiento of the new well will have priority on the existing one that have not completed with the legal requirements.
I ARTICULATE 265.- Wells of Provision of the public Utility of Acueducto. The wells destined mainly al provision of the public utility of acueducto of a community of more than a hundred (100) persons, besides the requirements required by this statute, they should be designed according to the requirements that determine the agency of competent basin in each private case.
I ARTICULATE 266.- Conditions for the construction of wells. The holder of the permission of construction should comply the following conditions in the construction of the well or work of collecting:
1. The well and every collecting of subterranean water especially them destined al human or industrial provision should be disinfected after their construction and before giving them al service.
2. To guarantee the protection of the sources of subterranean water of all kinds of contaminations, the necessary measures during the construction of the collectings should be taken. In all the wells perforated or excavated, inactive or abandoned, adequate seals should be built in their around to little depth that avoid the infiltration since the contaminants residues surface.
3. Every well that be going to build himself for public provision, production and prosecution of food, medicines, cosmetic and additives, should have an adequate sanitary protection, as the sanitary seal, whose depth will depend on the conditions hidrogeológicas. This seal should avoid the direct contamination that can suffer the well.
4. When in the drilling of a well they be detected acuíferos with not apt water for the use predicted or desired, that is to say, you salted, salobres, with hydrocarbons, gas, organic matter or other, those they should be sealed or to isolate individually to avoid the contamination of the other acuíferos.
5. In places where the subterranean water are exposed to numerous punctual sources of contamination, the agency of competent basin will require a special protection to the wells built fence to industrial plants and to its dangerous, solid, and liquid residues disposition systems.
6. In rural zones, subterranean water collecting every work for individual domestic use, should be located to a most minimum distance of two hundred meters (200 m) with regard to domestic residual water disposition systems in the floor, which will be established by the agency of competent basin according to the capacity of asimilación of the floor. Said distance will be able to be enlarged by the agency of basin when fuere the case.
§ Subsección 2a.
Concession of Subterranean Water
I ARTICULATE 267.- Of the Concession of Subterranean Water. The concession of subterranean water is the mercy that offers the State, through the agency of competent basin, by means of administrative act, so that a natural or legal person, public or private, can take advantage of the subterranean water.
I ARTICULATE 268.- Origin. Natural or legal every person, public or private, requires concession of subterranean water to obtain the right one al aprovechamiento of the same, except when the water be destined to individual domestic use.
I ARTICULATE 269.- Prerequisites of the Subterranean Water Concession Request.-The subterranean water concession request should have like prerequisite the permission of exploration and the post-exploratory report. To the request copy of the permission of exploration will be accompanied and certification on the presentation of the post-exploratory report predicted in this same statute.
I ARTICULATE 270.- Content of the Subterranean Water Concession Request. The request of the concession of subterranean water should include the following information:
1. Name or social reason of the solicitante; and of the legal or authorized representative, if there be them, with indication of its residence.
2. Name and locating of the ground in which the well is situated or subterranean water collecting work.
3. Referring information al system of collecting:
final to.locating of the well with its corresponding geographical, topographical coordinates Or cartográficas and topographical elevation referenciadas al system adopted or al IGAC when be arranged of that information.
b.characteristic of drilling:
- Systems of drilling
- Depth and diameter of the exploratory poll
- Profile estratigráfico and performance, rat or rate of drilling
- Electric registrations (potential spontaneous, resistividad and rays gamma)
- Diameters of enlargement and final depth of drilling
C. Characteristics of construction and termination:
- Design of the wells (diameters and length of the covering, location of filters, type of materials, seals of protection)
- Packing of gravel:
* Type of material and volume
* Granulometric Analysis of the (you) acuíferos grasped
* Level installed
- Methods of development of the well
- You test of I pump that they will be able to be supervised by the agency of Competent basin.
- Analysis of the quality of the water, physicist-chemical bacteriological
d. Type and characteristics of the team of b
4. The information contributed by the solicitante in all the process of research, exploration and drilling, that is found available and in the files of the agency of competent basin.
PARAGRAFO. When a well or subterranean water collecting work be going to benefit grounds of different owners, holders or possessors, the request of concession should be formulated for all them interested. Once it offered the respective concession will be considered formed a community among the different beneficiaries, with the purpose to take the water of the source of origin, distributing it among the users and to conserve and to improve the acueducto, whenever them interested they have not celebrated another relative convention al same end, in this said case convention should report it al agency of competent basin. In the case here predicted, in the administrative act that offers the concession the obligations will be specified that acquire the different beneficiaries and the percentage in liters by second that corresponds to each one of them.
I ARTICULATE 271.- Procedure of the concession of subterranean water. It presented the request of the concession of subterranean water, personally and in writing, this will be dealt with according to the rules established for the concession of superficial water by the present Decree.
I ARTICULATE 272.- Content of the Resolution that Offers Concession of Subterranean Water .-In the subterranean water concession resolutions, the agency of competent basin, will consign besides, the following thing:
1. Name and locating of the ground in which the collecting of the subterranean water is situated.
2. The volume offered and the state of operation of the well or subterranean water collecting work.
3. The most minimum distance to that the well in relation to wells in production should be perforated;
4. The technical characteristics that should have the well, such as: depth, diameter, covering, filters and geophysical studies that know of wells of exploration or of other next al well that intends to take advantage of;
5. The technical characteristics of the bomb or compressor and the plan of operation of the well; will be indicated the abundant maximum that is going to pump himself, in liters by second;
6. Nappe that should be isolated;
7. Nappe of which be permitted to light water, indicating its most minimum and maximum elevations;
8. Control valve type or close, if the water arises naturally;
9. Measurement apparatus type of the volume;
10. Term by which the concession is offered, the one that will be for a term of five (5) years, renewable in indefinite form.
11. The policy of guarantee that should constitute the dealer in favor of the agency of competent basin until an equivalent value al 100% on the total value of the works of collecting, and that should be constituted in the terms contemplated by the present statute, by the term of the concession.
The administrative act by means of which the concession of subterranean water is offered will contain, besides, those aspects predicted for the concession of superficial water that the agency of competent basin consider opportune or necessary to include.
I ARTICULATE 273.- Priorities of the Uses of the Resource. To offer concessions of subterranean water, the same order of priorities in the uses established will keep in mind itself for all the water in the present Decree.
I ARTICULATE 274.- Right Preferential of the Owner of the Ground al Use of the Subterranean Water Lightings.- The owner, possessor or holder of a ground that, in exercise of the permission to that refers the previous Section, have carried out exploration of subterranean water inside its ground, will have preference to opt to the concession for the aprovechamiento of the same water. Such option should exercise it inside the two (2) following months to the notification that for the effect the agency of competent basin do it. If in the term of a (1) year, cash from the exercise of its option, the concession himself there be not offered al solicitante by attributable motives to him, or if offered it to be expired by breach, the concession will be able to be offered to third parties.
I ARTICULATE 275- Concession to third parties of Subterranean Volumes Surpluses.- When the production of a well or work of birth exceed the volume authorized in the concession, be or not the concessionary owner of the floor where is the work, the agency of competent basin, he will be able to offer concessions of the water that exceed to third parties that request them under the condition that they contribute proportionally to the costs of construction, maintenance and operation of the well or work, and I will set inCases the percentage total of the constructions, as well as the state of administration of the well or work.
The third solicitante of the concession should report on the need to constitute servants for the aprovechamiento of the water or for the construction of the works projected and to be done charge of its cost and of the compensations that correspond it to pay for the constitution of the servants.
I ARTICULATE 276.- Concessions of Lit Water in Alien Ground .-The concessions to light subterranean water in alien lands al concessionary subject to the constitution of servants and if the following circumstances concur:
A. That in the land of the solicitante not superficial, neither subterranean water in depth exist economically explotable, according to their financial capacity;
B. That some of the events predicted in the previous article occur or that the owner, holder or possessor of the ground exercise not in the term set the option that it is recognized the I articulate 286 of this statute.
I ARTICULATE 277.- Concessions of Subterranean Water Lightings in mining Industry.- The lit water in mining or petroleum drillings will be granted, in the first place, to who they carry out the drillings to the assembly of their needs, and they will be able to be granted to third parties if not perturbaren the mining or petroleum exploitation.
To whom it carry out the drilling in its mining or petroleum activities will be granted it an equal volume al required for its needs and by an equivalent term to the duration of its permission or mining or petroleum license of exploitation or of its contract of association, or of the time limit of validity of the legal title that supplies it for the execution of its activities.
I ARTICULATE 278.- Economy of Subterranean Water Surpluses.- When surpluses are felt in any aprovechamiento of subterranean water will have application the dispositions of this Decree related to superficial water, as soon as not fueren incompatible.
The holder of the concession is obliged to extract the water subálveas without be produced surpluses. In the event that this be inevitable should conduct to its expenses said surpluses to the most nearby source or to facilitate its aprovechamiento for neighboring grounds, case in which the beneficiaries will contribute to vote the costs of conduction.
When surplus water are felt in any aprovechamiento of subterranean water, they will have application the environmental norms in force in matter of superficial water.
I ARTICULATE 279.- Limitations and you Block of Collecting of Subterranean Water.- By motives of convenience or utility publishes, prevention of the deterioration and protection of the acuíferos subterranean, so much in the quality as in quantity of its water, and other special circumstances that can be presented, the agency of competent basin, besides the reserves of protection, of the restrictions of use and of the declamatory of shortage or drought, that treats the Decree Law 2811 of 1974, will be able to decree theLimitation or blocks temporary or final of the aprovechamiento of the subterranean water in a collecting, any that she be, or in an area or region.
For the fulfillment of such exceptional dispositions will be able the agency of competent basin to do sellamiento of wells and to impose the sanctions and fines to that there be place for who rompieren the seals.
I ARTICULATE 280.- Subterranean and Superficial Water Combined Use Obligation.-The agency of competent basin, will be able to impose on a dealer of subterranean and superficial water the use combined of them, limiting the abundant one utilizable under one or another system or the epochs in which can be served of an and other.
I ARTICULATE 281.- Cegamiento of Wells.- When a well be declared sobreexplotado or in exhaustion the agency of competent basin will be able to order its cegamiento temporary or final, according to fuere the case.
Section 7a.
Acuíferos Subterranean Coastal
I ARTICULATE 282. Wedge Locating studies Salina The agency of competent basin should carry out studies hidrogeológicos regional in acuíferos coastal to establish the locating of the wedge salina, which will serve of base for the expedition of the subterranean water exploration permission.
I ARTICULATE 283. Study Hidrogeológico.- The solicitante of the permission for the exploration of subterranean water should present to the agency of competent basin a study hidrogeológico detailed of the zone of influence of the project, indicating the locating of the wedge salina and its possible impact on the acuífero al to take advantage of.
I ARTICULATE 284. Restrictions The agency of competent basin will be able to restrict the construction and operation of any well or subterranean water collecting work in zones where be observed the progressive advance of the wedge salina.
I ARTICULATE 285. I monitor. The agency of competent basin should establish a network of monitoring to determine warning parameters of marine intrusion, location of the interfase water salty sweet-water and its evolution with the time.
I ARTICULATE 286. Zones of Protection of Acuíferos.- The agency of competent basin will be able to establish zones of protection in acuíferos coastal to preserve the quality of the water especially where be located wells of public provision and of recreation.
I ARTICULATE 287. Other Studies Hidrogeológicos.- In continental zones and islanders where exist acuíferos alternate of salobre-sweet water, the agency of competent basin should require to the users studies hidrogeológicos local, in order to drawing the technical guidelines of protection of the acuífero of sweet water, al to send off the permission.
Section 8a.
Preservation and Control of
Acuíferos Subterranean
I ARTICULATE 288.- Statement of Exhaustion of an Acuífero Subterranean.- The statement of exhaustion authorized by this Decree for the superficial continental water, is applicable for the subterranean water by motives of qualitative and quantitative availability of the same.
I ARTICULATE 289.- Measures and Corrective Works in Wells Threatened.- By the same motives, the agency of competent basin will be able to take, besides the other measures predicted by the law and by this statute, the following:
a. to Order the dealers the construction of the works and works that be necessary for recargar and to conserve the well, or
B. to Advance the works to that refers the literal previous one, in whose case will be able to charge the cost of the works to the users in a plan of repayment differed in the time.
I ARTICULATE 290.- Definition of Surpluses.- For effects of the application of the I articulate 154 of the Decree - Law 2811 of 1974, is understood for "surplus" the water that, granted, themselves they be not utilized in exercise of the aprovechamiento.
I ARTICULATE 291.- Most minimum Distance among Wells of an Acuífero.- To avoid the interference that can be produced among two or more wells as a result of the request for a new one aprovechamiento, the agency of competent basin, keeping in mind the physical radio of influence of each one, will determine the most minimum distance that should mediate among the drilling requested and the existing wells, its depth and the maximum volume that will be able to be lit.
I ARTICULATE 292.- Criterion of Control of the Offering and of Subjection to the Hydrologic Planning to Administer the Concessions of Subterranean Water.- The agency of competent basin will set the state of aprovechamiento of each concession of subterranean water according to the availability of the resource and in harmony with the integral planning of the same one in the zone.
I ARTICULATE 293.- Meters of I Pump and Obtaining of Samples.- No aprovechamiento will be able to be initiated without to have practiced previously the test of I pump to that refer the articles 254 literal and) and 255 of this Decree. The holder of the concession should endow al well of adequate bookkeeper and required, connection to pressure gauge and of takes for the water samples obtaining.
The agency of competent basin will be able to exempt of these requests to users of domestic basic consumption and agricultural; but always they will be obligatory for the exploitations of consumption agroindustrial or in great scale.
I ARTICULATE 294.- Birth of Subterranean Water in Petroleum and Mining Explorations.-Who al to carry out studies or mining or petroleum explorations, or with any another purpose to discover or lit subterranean water, is obliged to give notice immediately and in writing al agency of competent basin, and to provide the technical information that arrange.
For the supply of the information that treats this article the one that light subterranean water in the events here contemplated will arrange of ten (10) days, I am grief to incur in successive fines by each day of delay.
I ARTICULATE 295.- Regulation Attributions by the agency of basin.- The agency of competent basin, will be able to regulate in any time, according to it prescribed in the present Decree, the aprovechamientos of any source of subterranean water and to determine the necessary measures for its protection.
I ARTICULATE 296.- Administrative Supervision and Technique of Wells in Exploitation.- The Agency of competent basin, will arrange the technical supervision of the wells and drillings to verify the fulfillment of the obligations established in the resolutions of permission or concession.
I ARTICULATE 297.- Administrative Inspection in Operations of Cegamiento of Wells.- Nobody will be able to advance the obturación of wells without the subject to permission of the agency of competent basin, which he will appoint an official that supervise the operations of cegamiento.
I ARTICULATE 298.- Subterranean Water Contamination Prevention.-In order to preventing the contamination or deterioration of subterranean water on account of activities that do not consider object the aprovechamiento of water, such as exploitation of mines and quarries, works of avenamiento, birth of gases or hydrocarbons, establishments of cemeteries, deposits of trash or of material contaminants, the agency of competent basin, will develop mechanisms of coordination with the competent companies to offer concessions, of such luck that inThe respective providence itself prevean the obligations related to the preservation of the water resources subálveos.
I ARTICULATE 299.- Other Measures Against the Contamination of Subterranean Water.- The Agency of competent basin, will coordinate likewise with the companies to that refers the I articulate previous, measures such as the execution of the necessary studies to identify the sources of contamination and the degree of deterioration; or will impose the measures of restriction, condicionamiento or prohibition of activities that fueren necessary, in order to preserving or to restore the quality of the subterranean water resource.
I ARTICULATE 300.- Aspects Technical-Scientists of the Investigations on Subterranean Water.- In the investigation of the subterranean water they should be contemplated, at least, the following aspects:
1. General stratigraphy, including configuración of depths and thicknesses of the acuíferos or identification of its borders permeables, waterproof and semi-waterproof;
2. Configuración of elevations piezométricas;
3. Configuración of levels piezométricos referred al earthly;
4. Evaluations piezométricas through the time;
5. Magnitude and distribution of the infiltrations and extractions through wells, rivers, spring and gaps or marshy zones;
6. Magnitude and distribution of the properties hydrodynamics the acuíferos deduced of tests of I pump in transitory, and
7. Superficial hydrologic information.
The agency of competent basin, will develop the adequate mechanisms to coordinate the activities that advance other companies in matter of investigation and inventory of the so much, subterranean and superficial water since the point of view of its existence as of its potential and present use.
I ARTICULATE 301.- Special Functions of the Department of the Environment.- The Department of the Environment will have the same functions of the agency of competent basin when correspond it to give environmental licenses, as occurs in the cases of the exploration and petroleum exploitation, the mining-energy projects and other projects of great infrastructure. Nevertheless, it will be able to delegate those functions to the corresponding Regional Autonomous Corporation or of Sustainable Development, to whose charge the environmental administration of the basin is found
I SURRENDER III
MINERAL WATER AND TERMALES
I ARTICULATE 302. General functions of the Agencies of Basin . The agency of competent basin will have to its charge the study, exploration and control of the exploitation of the mining-medicinal water, for the purpose of inventariar, to classify and to evaluate its tourist, industrial, and therapeutic utility.
I ARTICULATE 303. Main destiny of Use of the Mining-Medicinal Water .-The mining-medicinal water will take advantage of preferably to destine them to centers of recovery, spas and plants of container by the State or by individuals by concession.
I ARTICULATE 304. Delimitación of Perimeters of Protection and Servants.- The public domain water bodies as termales, mineral and medicinal, they should be object of the delimitación of a perimeter of protection on the part of the agency of competent basin.
To guarantee the public access to said sources the agency of competent basin will establish the servants of traffic that fueren of the case.
I ARTICULATE 305. Reversion al State of Works and Installations al end of the Concession.- In every concession of aprovechamiento of mining-medicinal water will owe, besides, to be established like condition that, al term of the same one, the constructions and installations and other services will revert al control of the State in good conditions of hygiene, conservation and maintenance, being of charge of the State the payment of the corresponding compensation which himself tasará by judicial way.
I ARTICULATE 306.- Rate Compensatoria by Use of Mining-Medicinal Water.- For the uses of industrialization and commercialization of mineral water for human consumption, a transitory rate by compensation, equivalent to a rate from the 20% of the price of final sale is established al public. This collection will be regulated by the agency of competent basin.
I SURRENDER IV
STATE FOR THE APROVECHAMIENTO OF WATER AND MARITIME BEACHES AND OCCUPATION TEMPORARY OF BORDERING RIVER RIVER BED
I ARTICULATE 307. Legal state of the Water and Bordering river bed.-In all it it related to the aprovechamiento and regulation of water, river bed, beaches, coasts and banks maritime or river bordering, will be attended to it established in the treaties, agreements or international covenants that be subscribed with the bordering countries, and in matter of administrative competences will be to them arranged by the Decree 2324 of 1984 and the Law 99 of 1993 and its regulations.
I ARTICULATE 308.- Competence to Authorize, to Permit or Concesionar the Occupation of maritime Beaches, and river bordering, and the Lands of low tide.- Prior declamatory of environmental viability by the Regional Autonomous Corporation of the respective Jurisdiction, the Maritime General Direction and Harbor of the Department of Defense- DIMAR , As national maritime authority, has the function to offer authorizations, permission and concessions for the temporary occupation of the maritime beaches and lands of low tide. Equal function corresponds it in relation to the beaches and river margins in bordering rivers of international water. (art. 31o, Par.2o of the Law 99/93)
I ARTICULATE 309- Demarcation of Stripes and Protective Girdles .-Al agency of competent basin, corresponds it to demarcate, in the area of their jurisdiction, and jointly with the authorities that have the faculty of regular lands when thus establish it the law, the stripes of protection that treat the literal one d) of the I articulate 83o of the Decree-Law 2811 of 1974 and the other predicted in the articles 22, following and concordantes of the present Statute.
Said stripes of protection will be able to be delivered for the exclusive use of the owner of the adjacent ground if has been declared as well inalienable and imprescriptible of the State, or of the owner of the ground, if is a matter of a stripe of environmental protection that has not left of the property of their owner, by means of administrative authorization of the agency of competent basin, in exchange for requiring him al beneficiaryOf the stripe to their coast.
I SURRENDER V
WATER RESERVES STATEMENT AND OF SOBREEXPLOTACIÓN OR EXHAUSTION OF SUPERFICIAL WATER
I ARTICULATE 310. Declamatory and Origin of the Reserve of Water.- Without damage of the rights acquired and of the special dispositions predicted in the environmental legislation in force, the Regional Autonomous Corporations and of Sustainable Development, of position or to request of the National Counsel of the Water, of the Counsels of Large primary Basins, of the Regional Commissions of Code, Administration and Regulation of Primary and Secondary Basins (to CROAK), of a municipality or district, or of a Common Association of UsersACUAM) will be able to declare water reserves areas, in which the granting of permission will be prohibited or concessions to use the resource in total or partial form, final or temporary.
Said Reserves will be able to be established in the corresponding hydrologic plans.
I ARTICULATE 311. Objectives of the Declamatory one of Reserve of Water .- The reserves will be able to be decreed for any of the following end:
anize or to facilitate the installment of a public utility;
b.advance programs of restoration, conservation or preservation of the quality of the water, of its volume or of its river bed, beds or beaches, or of the environment that form part;
c.advance studies or projects that can conduct al use of the water, river bed or beds on the part of the State;
d.maintain an availability of harmonious water with the needs of the country and of the region;
and.develop programs to protect, to maintain, to preserve and to conserve the ecological middle of the fauna and aquatic flora;
G.establish areas of special management in development of the articles 137, 138, 308 and 309 of the Decree-Law 2811 of 1974.
I ARTICULATE 312. Prior studies to the Declamatory one of Reserve of Water.- The agency of competent basin will devise studies when less on the following aspects, based on which will declare the reserve of respective water by means of administrative act:
A. Cartografía, hidrogeología and hidromorfología;
B. Inventory of the water offering along the year and cycles of critical years;
C. Inventory of the present water demand and of the potential to five (5)años;
d. Census of present users of aprovechamiento of water and total and individual volumes concesion
e. historic Data hidrometeorológicos of the
F. Installations of Irrigation and drainage and consumption in irrigation;
G. Associate-Economic aspects of the zone and that they have incident in the development of the region;
H. Works existing hydraulics;
I. Aspects of environmental incident for the ecosystems and the fauna and the flora of the present use and projected of the water;
J. Modules of consumption;
k. Control and caution of the aprovechamien
l. Vocation and uses of the floor, to users grounds level of the rec
When the reserve be declared to restore the quality or to maintain or to increase the quantity of the water or to carry out the studies predicted in the literal one c) of the I articulate previous and in the present article, once polite the objective, if available offering of the resource there be will be able to raise the reserve by means of administrative act of the agency of competent basin.
I ARTICULATE 313. Statements of Sobreexplotación and/or Exhaustion.- When the water offering of a public domain water body satisfy not the demand, included the ecological volume, the agency of competent basin will be able to declare it, by means of resolution motivated, sobreexplotado or exhausted total or partially. In the declamatory one of sobreexplotación or exhaustion, that should base on technical concept, the sectors will be indicated affected and other conditions of the measure that is adopted.
I ARTICULATE 314. Restrictive attributions of the Agency of Basin in Exceptional Water Circumstances.-In critical case to be produced shortage by droughts, contamination, natural catastrophes or damages produced by the man, that limit its availability in quality or quantity, the agency of competent basin will be able to restrict the uses or consumption temporarily and until suspending the existing concessions, while are surpassed the exceptional circumstances. To such effect, will be able to establish shifts for the use of the volume of the resource or to distribute percentage the abundant utilizables. The present I articulate will be applicable although affect the rights of use offered by concessions or permission, without there be place to responsibility extracontractual of the State neither to any compensation.
The rights of use on water of private control will also be able to be limited temporarily by the reasons to that refers this I articulate.
The agency of competent basin will be able to alter the order of priorities for the granting of concessions or permission and, also, to give fulfillment to him arranged by this statute in relation to the hydraulics works construction to face emergencies, will be able to impose restrictions al control and to advance expropriations to that there be place if is given some of the circumstances predicted by the I articulate 69 of the Decree-Law 2811 of 1974.
In every case, the agency of competent basin should keep in mind the priorities on use and consumption of the water established in the present Decree, as well as the arranged thing in the numeral 5 of the I articulate 1 of the Law 99 of 1993, in relation to the priority of use of the water for human consumption.
I ARTICULATE 315. Alinderamiento of Protective Stripes; and Restrictions and Prohibitions, Temporary or Indefinite, for the Special Protection of Certain Bodies of Water or of the Public Health .-In case of not to have established in the corresponding hydrologic plans, to protect you determined bodies of water, and prior consults and concept of the respective Regional Commission of Code Administration and Regulation of the Basin (to CROAK), the agency of competent basin will be able alinderar protective environmental stripes in zones aledañas to them, according to the forecasts of the present statute, in which be prohibited or restrict the exercise of activities, such asVertimiento of black water, the use of fertilizers or pesticides and other activities deteriorantes.
The agency of competent basin will be able to prohibit, temporary or indefinitely, certain uses, such as the recreational, sports and the fishing, in every body or current of water in its jurisdiction, or in sectors of them, when of the reports of the results of the quality of the water of the source, be deduced that contamination exists or danger of contamination that should to be prevented or corrected immediate.
It will be able, likewise, the agency of competent basin to restrict or to prohibit the other uses in order to restoring or to recover a body of water deteriorated or contaminated.
REGULAR VIII
NORMS OF QUALITY OF THE WATER,
NORMS OF VERTIMIENTOS,
LEVEL OF EMERGENCY and SPECIAL LIQUID RESIDUES
I ARTICULATE 316. Activities Especially Controlled. They are considered like activities you hold to special attention and control on the part of the agency of competent basin, the following:
to.the activities of deforestación in high parts of the basins, as manaderos and nacederos, and the deforestación riberana of the margins of the bodies of water;
b.the vertimiento of dangerous residues;
c.the vertimiento of solid, organic and inorganic residues;
d.the exploration, exploitation, harvesting, transportation and disposition of hydrocarbons;
and.the emergencies generated by discharge of hydrocarbons and other dangerous substances;
F.the management of plaguicidas and other substances of high toxicity.
I ARTICULATE 317. Of the different classes of norms. The norms for the protection of the quality of the water are:
A. volumes quantity Norm (or of water offering);
B. Norm of quality of the water;
C. Norm of vertimiento to the bodies of water;
D. Norm of vertimiento al alcantarillado public.
I ARTICULATE 318. Of the Volumes Quantity Norm (or of Water Offering). It is that by means of which is sought to protect the production and natural renewal of the water and their normal flow, and rules for their fair distribution among the users are established.
I ARTICULATE 319. Of the Norm of Quality of the water. It is understood for norm of quality of the water the one that establishes a determined boss of quality of a body of water or of part of him in function of the use of the resource.
The most minimum norm of national quality of the water for each one of its uses are prescribed by the present statute, but can be modified or complemented in any time by the Department of the Environment, according to the law. Said national Norms of quality will be called national “norms minimums of quality of the water by uses” .
Nevertheless, for each one of the uses assigned al resource in the different sections of a river bed, according to the hydrologic plans of the respective basin, sub-basin or microcuenca, the competent environmental authority will establish the special norms of quality for each admissible use and the necessary to achieve the goals of the hydrologic plans. Such norms of quality will be called special regional “norms of quality of the water by uses” .
I ARTICULATE 320. Of the Norm of Vertimiento to the bodies of water. The norms of vertimiento to the bodies of water establish the standards, that is to say, the Maximum limits permisibles of incorporation of substances, products, composed or combinations of metabolism degradantes in the bodies of water, in order to maintaining, to improve or to recover, as be the case, the quality of a body of water or of part of him. The standards will indicate the limits of vertimiento legally admissible of contaminants of the water. Said standard they will specify, as be the case, the factors of quantity, weight, volume and necessary time to determine the values permisibles.
The national norms of vertimiento for each substance are them prescribed by this statute, but the Department of the Environment can modify them and to complement them when judge it necessary, according to the law. Said norms of vertimiento will be called national “norms of vertimiento maximum by substances” .
Nevertheless, in each body of water, and according to the uses assigned by the corresponding hydrologic plan, the agency of competent basin will establish the special standards of vertimiento for each section of the river bed, in function of the goals of quality of the plans. Such norms, that will be able to be more restrictive but not more flexible than the national, they will be called special “norms of vertimiento maximum of substances by basins” .
The norms of vertimientos will be established for the competent environmental authorities in function of the hydrologic plan of code of the respective basin, sub-basin or micro-basin, and of the goals of preservation, improvement or recovery of the body of water regulated.
I ARTICULATE 321. Of the Norm of Vertimiento al Alcantarillado Public. The norms of vertimiento al alcantarillado public, they will be sent off by the Department of the Environment, and complemented or more restrictive facts by the Regional Autonomous Corporations and of Sustainable Development, and by the Large Urban Center in their descending order, they will indicate the standards or maximum limits of vertimiento legally admissible of contaminants of the water dischargeed al alcantarillado public. Said standard they will specify, as be the case, the factors of quantity, weight, volume and necessary time to determine the values permisibles.
I ARTICULATE 322.- Vertimientos of Large Urban Centers, Municipalities and Districts.- The Large Urban Centers, that treats the law 99 of 1993, and the municipalities and districts will be subject to the maximum limits of vertimiento established by the agency of competent basin, as users that are of the water resources of the basin. Its environmental authorities inside the urban perimeter and of services and its businesses of public utility of alcantarillado (ESP) will establish rules and standard, still more restrictive than the of the agency of competent basin, for the purpose of achieving the gradual decrease of them poured of contaminants in the alcantarillado public and the fulfillment of the goals of quality of the water of the basin, consigned in the hydrologic plans
I ARTICULATE 323.- Users-Administrative responsible for the Vertimientos in the Public Network of Alcantarillado.- For all the effects will be considered like responsible user for them poured in the river bed of a basin al great urban center, municipality or district, that directly or through an ESP (business of public utility) concessionary, place in the body of water of the contaminants substances basin originating from its network of alcantarillado public.
The Large Urban Centers will request al agency of competent basin the corresponding global permission of poured of substances contaminants al abundant of a basin. At the same time, inside its urban perimeter and of services, the Large Urban Centers, through its local environmental authority, will offer the permission of vertimientos in the alcantarillado public to the contaminadores obliged to obtain it, with subjection to the goals and standard of the basin. The control of you said vertimientos will be done, before its poured al final of the residual water elimination pipe in the volume of the basin, by the ESP that lend the service of alcantarillado.
I ARTICULATE 324.- Norms of Vertimiento al Alcantarillado Public. Natural or legal every person, public or private, responsible for the installment of the service of alcantarillado (ESP), should comply the following rules:
A. to Carry registrations of the vertimientos not domestic to the networks of alcantarillado and to the systems of processing, which they should be available to the agency of competent basin in any moment in which this require them.
B. to Do the connection al system of alcantarillado, if infrastructure exists, of the liquid residues originating from industrial, commercial, domestic sectors, or other, that they are being dischargeed to streets, worn or al resource. For such effect, the ESP will charge the rates authorized for the installment of that service.
C. The user that be connected to the network of alcantarillado should comply with the requirements that impose it the ESP, without the fulfillment of these signify that the ESP have faculties to offer permission of vertimiento, exclusive competence of the agency of competent basin, in municipalities and districts, and of the environmental authority of the Great Urban Center inside its urban perimeter and of services.
D. to Develop and to execute plans to control the number of discharges al resource and to define the works of harvesting, transportation, evacuation and disposition of its liquid residues and muds.
e. to Reserve jointly with the territorial companies in the framework of the Plan of Development, And without damage of the demand to obtain eventually the corresponding environmental license, the areas required for the execution of future every system of processing or disposition of the liquid residues of its system of alcantarillado. The fulfillment of it established in the present Decree does not exonerate to the users of the system of alcantarillado to comply with the obligations front al prestatario of the service, according to it established in the Decree 951 of 1989 and the Law 142 of 1994, and other norms that modify them, they substitute or they add.
F. The existing users that do not arrange of appropriate area for the construction of individual systems of control of the contamination and that they cannot comply with the norms of vertimiento, and adopted all the production processes optimization alternatives and reduction in the source, but that they be inside a system of alcantarillado, they will have to be connected to this so that the ESP take charge of their harvesting and,Under the norms and rates in force, whenever these accept it and they have capacity in their system of existing collection or predicted. If this connection al system alcantarillado is not possible, the agency of competent basin will decide if is necessary to relocate its installations or to change its productive processes. If it has to be relocated and to change its productive processes and it does not do, creditor of the sanctions predicted by the law will be done and the regulations, and especially by this statute.
G. The responsible for every system of alcantarillado (Large Urban Centers, Municipalities, Districts and their ESP concesionadas or prestadores authorized of the service by the law 142 of 1994), they should give fulfillment to the norms of vertimiento that for the effect indicate the agency of competent basin.
H.watch that the new systems of alcantarillado municipal or local feel networks separated for the harvesting of the liquid residues (?).
PARAGRAFO.- The Departments of the Environment and of Health will set, by means of joint resolution, subject to concept of the National Counsel of the Water, the technical norms on vertimientos al alcantarillado public, in function of the measures of saneamiento basic obligatory and of the objectives of descontaminación of the different bodies of national water.
I ARTICULATE 325. Radioactive Liquid residues. The Department of the Environment, in consultation with the Department of Health, will establish, by means of resolution, the norms that should comply the radioactive liquid residues.
I ARTICULATE 325 bis. Of the Level of Emergency by Contamination of the Water. The Level of Emergency will be declared for the agency of competent basin when facts derived from occur the nature or of the activity of the man, or resultant of a fortuitous case or a greater force, that feel or they imply a dangerous and imminent threatens for the quality of the bodies of water and for the human health. Said statement they will be able doing it also the local and municipal authorities.
PARAGRAFO 1.° The statement of the Level of Emergency, that treats the present I articulate, will be done based on samplings and technical studies, carried out by the agency of competent basin in the place affected by the declamatory one, that they permit the detection of the degrees of concentration of the contaminants predicted for each case by the norms of quality of the water in force, unless the nature of the episode do apparent andOf serious danger.
PARAGRAFO 2.° The statement of the Level of Emergency, that treats this I articulate, will consider object to stop, to mitigate or to reduce the state of concentration of the contaminants that have given rise to the declamatory one of the respective level, to achieve the re-establishment of the conditions preexistentes more favorable for the population exposed or to restrict or to prohibit the uses assigned al resource.
PARAGRAFO 3.° In the event that the agency of competent basin, in the respective jurisdiction affected by an event of contamination, I did not declare the Level of Emergency neither I adopted the measures that fueren of the case, will be able to do it the upper authority inside the Environmental National System (SINA), subject to communication of this last one to that, on the reasons that deserve the declamatory respective one.
I ARTICULATE 326. Of Other Levels of Emergency. Besides the caused emergencies by episodes of contamination, the agency of competent basin will declare the emergency in cases of overflow, drought, exhaustion or shortage of the water or when other natural phenomena occur or antrópicos as the deviation of river bed, the deforestación, the extraction of materials to drag, the sedimentación, that they imply serious and imminent threatens to the renovabilidad of the resource, to the population exposed, to the human health,The renewable natural resources and al environment.
The agency of competent basin will be able to declare the environmental emergency in cases of floods, slidings, natural catastrophes or accidents produced by the activity of the man, related to the water or their river bed and beds or when existiere eventual, serious or imminent danger, for the purpose of that the necessary measures be adopted and advance the works required to rectify such situation.
I ARTICULATE 327. Of the Norms of Vertimiento Restrictive. The agency of competent basin, in the body of water in which have herself declared the Level of Emergency, that treats the I articulate 337 precedent, will be able, besides taking the measures that the present Decree authorizes, to dictate for the area affected norms of vertimiento more restrictive than them established by the national, regional, or local norms in force. In such case, the most restrictive norms will be dictated according to the rules of the "Principle of Subsidiary Severity" that treats the I articulate 63 of the Law 99 of 1993.
PARAGRAFO. The to do more restrictive local capacity the national norms on poured will depend on the objectives of the hydrologic plan of code of the basin, sub-basin or micro-basin, or of the respective river bed.
I ARTICULATE 328. Dangerous substances. According to the Covenant of Basilea and others treated and international covenants that al respect subscribe Colombia, the Departments of the Environment and of Health will establish By means of joint resolution, a list of dangerous substances that will be brought up to date when be required.
They will be considered like dangerous substances, those substances and microorganisms that produce toxicity and patogenicidad in the human health. Likewise, when it can be affected the animal or vegetable health will be determined the corresponding list subject to consultation with the Department of Agriculture. In both cases will be determined which of the dangerous substances require control with priority character.
REGULAR IX
STATE OF CONDUCTS AND PROHIBITIONS
I ARTICULATE 329. Prohibitions in Uses of the Water and Vertimientos.- Out of the cases predicted in this Decree, are prohibitions, in matter of uses of the water and vertimientos, the following:
1. Pouring liquid residues, or to arrange gases and dangerous and solid residues in contravención of the applicable standards so that the norm of quality established for the receiver water body be altered, or for a part of him.
2. Placing or to store in the immediate zones to the bodies receivers the waste or residues to that refers the numeral previous, susceptible of to be dragged by the water;
3. Pouring liquid residues to the streets and worn, channels, rain drainage and systems of alcantarillado rain, when want that they exist in form separated or they have this only destination.
4. Pouring liquid residues and to arrange direct, dangerous and solid residues or indirectly, in subterranean water through wells perforated and excavated, inactive or abandoned, graves or excavations in the floor and in the subsoil;
5. Utilizing water contaminated in the construction of wells;
6. Injecting directly liquid residues to an acuífero. When the injection be carried out on the floor or the subsoil, should comply with it established in the present statute and with the norms of vertimiento in force and al applicable case.
7. Infiltrating or to discharge liquid residues when the quality of the floor be affected, subsoil and acuíferos subterranean in conditions such that impede the present or potential uses.
8. Utilizing the resource, the water of the acueducto public or private and the rains water storage, for the purpose of diluting the vertimientos, before to the discharge of the resource al receiver water body, al I am used or al subsoil.
9. Arranging sedimentos, muds, and solid substances originating from the systems of raw water and residual water, in the bodies of water or systems of alcantarillado. For its final disposition should comply with the environmental norms in force in the matter.
10. Arranging solid residues originating from trituradores domestic and industrial, in the bodies of water or systems of alcantarillado. For its final disposition should comply with the environmental norms in force in the matter.
11. Pouring liquid residues in the heads of the sources of water, in the water reserve zones, in coastal zones, in acuíferos or in sections of a current or body of water with violation of its norm of quality; just as occurs with bodies of water utilized for recreation and sports, or for agricultural irrigation, or in those places of the basin or portions of the bodies of water thatDeclare the agency of competent basin as especially protected according to it arranged by the articles 70 and 137 of the Decree-Law 2811 of 1974.
12. Pouring liquid residues in a sector upstream of the bocatomas of water for domestic consumption, in extension that will determine, the agency of competent basin based on the effect that can cause the vertimiento in the receiver water body and the capacity of this to assimilate it. For the case of lakes, gaps, reservoirs and marshes, the agency of competent basin will delimit the zones where will be done cash this prohibition.
13. Pouring liquid residues in those bodies of water that the agency of total, competent basin or partially, declare especially protected.
14. Pouring not treated liquid residues originating from embarkations, ships, ships or other maritime, river or lake media of transportation, in marine, subterranean, superficial water, estuarinas and reservoirs.
15. The it washed, maintenance and the vertimiento of liquid residues of self-propelled vehicles, airships, embarkations, ships and other media of transportation, such as oils new lubricants or used, residues of fuel or of other chemical additives, in the edges and in the bodies of water, or in the network of alcantarillado as well as that of aplicadores manual and air of agroquímicos and other toxic substances and its containers, containers or packings.
16. Producing, in development of any activity, the following effects:
A. The harmful alteration of the natural flow of the water;
B. The sedimentación in the courses and bodies of water;
C. The changes done not authorize of the bed or river bed of the water;
D. The eutroficación;
E. The extinction or qualitative or quantitative decrease of the flora or of the aquatic fauna; and
F. The decrease of resource as natural source of energy.
17. The importing of residual water, according to the Resolution Not. 00189 of 1994 and with the ones that they modify it or they add.
18. The utilization of microorganisms for descontaminar the bodies of water whenever himself have not elaborated a protocol of investigation that verify its effectiveness, and that cause not a negative sanitary and environmental impact.
I ARTICULATE 330. Control of Agroquímicos. For effects of control of the contamination of the water by the application of agroquímicos, the following thing is established:
1. The manual application is prohibited of agroquímicos inside a stripe of thirty (30) meters measured since the maximum elevation of flood or the line of maximum tides.
2. The air application is prohibited of agroquímicos inside a stripe of a hundred (100) meters, measure since the maximum elevation of flood or the line of maximum tides.
3. The application of agroquímicos in cultivations that require areas flooded artificially will require permission of the agency of competent basin; said permission will be able to be offered in a collective way the farmers of the region.
4. Besides the contained norms in the present I articulate on application of agroquímicos, the other dispositions they should keep in mind themselves legal and regulation contents in the Chapter IX, I articulate 82 of the Decree 1843 of 1991, and other environmental norms in force.
REGULAR X
COMPETENCES OF THE ENVIRONMENTAL AUTHORITIES IN RELATION TO THE USES AND APROVECHAMIENTO OF THE SUBTERRANEAN AND SUPERFICIAL WATER AND OF THE UTILIZATION OF THE RIVER BED, BEACHES AND BEDS
I SURRENDER I
ADMINISTRATIVE COMPETENCES
OF THE COMPANIES OF THE SINA
I ARTICULATE 331. Competences of Department of the Environment. Corresponds al Department of the Environment, in relation to the protection and control of the quality of the water, the uses and aprovechamiento of the subterranean and superficial water and the utilization of the beds, river bed and marine, lake, and river beaches, the following competences:
A. Defining the national politics on prevention and control of the water contamination, on the use and aprovechamiento of the water and on the utilization of the beds, river bed and marine, lake, and river beaches.
B. Setting, to modify or to complement the national norms of quality of the water for the different classes of water and its different qualities according to its use.
C. to Define the rules and criteria of environmental code of the adjacent seas al territory, to assure the aprovechamiento sustainable of the renewable natural resources and of the environment.
D. Regular the general conditions for the saneamiento and for the use, management, aprovechamiento, conservation, restoration and recovery of the water.
E. to Determine the most minimum environmental norms and the regulations of general character on water for urban centers and human settlements and for the industrial, mining activities, of transportation and in general for every service or activity.
F. Dictating regulations of general character to control and to reduce the water contamination.
G. Setting general guidelines for the code and management of hydrographic basins.
H. Defining and to regulate the administrative instruments and necessary mechanisms for the prevention and the control of the environmental deterioration of the water.
I. Regulating the conservation, preservation, use and management of the resource water in the coastal and marine zones and regular the conditions of conservation and water bodies management and other continental water ecosystems.
J. Defining, to modify or to expand, the contaminants substances list of the water of use restricted or prohibited.
K. Establishing the maximum limits permisibles of vertimientos to the bodies of water, as well as to prohibit, to restrict or to regulate the vertimiento of responsible substances of environmental degradation of the water resource.
L. Declaring, in defect of the agency of competent basin in the area affected, the level of emergency and to adopt the measures that in such case correspond.
M. Defining and to regulate the methods of observation and constant monitoring, measurement, evaluation and control of the factors of contamination of the water, as well as the necessary national programs for the prevention and the control of the deterioration of the quality of the water, for the aprovechamiento and use of the water and for the utilization of the beds, river bed and marine, lake, and river beaches.
N. Determining the factors of calculation of the rates by the use and aprovechamiento of the resource water and to set the total tarifario most minimum of the vengeful rates and compensatorias by contamination of the water.
O. Offering the permission, concessions or authorizations requested, when correspond it to grant environmental licenses in the terms predicted by the law and the regulations;
P. Imposing the sanctions by the commission of infractions, in the matters of its exclusive competence or in which assume, to prevention of other environmental authorities, with subjection to the law and to the regulations.
I ARTICULATE 332. Competence of the Regional Autonomous Corporations and of the Large Urban Centers. Corresponds to the Regional Autonomous Corporations, to the Corporations of Sustainable Development and to the Large Urban Centers, in the territory of its jurisdiction, and in relation to the protection and control of the quality of the water, the uses and aprovechamientos of the subterranean and superficial water and the utilization of the beds, river bed and marine, lake, and river beaches, the following competences:
A. to Offer the permission, concessions or authorizations required by the law for the use and aprovechamiento of the resource and to do the evaluation, monitoring, control and caution of the same.
B. Declaring the Level of Emergency when contaminants concentration events in the water occur that thus deserve it, and to take all the necessary measures for the mitigación of their effects and for the restoration of the normal conditions.
C. Restricting in the area affected by the statement of the Level of Emergency, the limits permisibles of vertimiento of contaminants al resource, in order to re-establishing the local environmental equilibrium.
D. Carrying out the observation and constant monitoring, measurement, evaluation and control of the factors of water contamination and to define the regional programs of prevention and control.
E. Carrying out programs of prevention, control and mitigación of impacts contaminants of the water in I associate with it municipalities and districts, and to absolve the requests of technical concepts that these formulate for the best fulfillment of its functions of control and caution of the factors contaminants of the water.
F. Setting in the area of their jurisdiction the limits permisibles of vertimiento to the bodies of water inside the limits set by the Department of the Environment, which they will not be able to be less strict than those.
G. to Evaluate, to control and to do monitoring to the uses of the water, as well as al vertimiento or incorporation of gaseous, solid, and liquid residues to the water in any of their forms.
H. Collecting, according to the law, the vengeful rates, compensatorias or by use of the water, as well as to set its total based on the most minimum rates established by the Department of the Environment.
I. Assessing to the municipalities and districts in its functions of prevention, control and caution of the factors of water contamination.
J. Imposing the sanctions that correspond for the commission of infractions to the norms here established.
K. Ordering and to establish the norms and guidelines for the management of hydrographic basins, according to the upper dispositions and to the national politics.
L. Promoting and to execute works of irrigation, avenamiento, defense against the floods, regulation of river bed and bodies of water.
M. to Promote and to execute water provision programs to the black and native communities traditionally written down in the area of its jurisdiction in coordination with the competent authorities.
I ARTICULATE 333. Competence of the Departments. Are functions of the departments, in relation to the protection and control of the quality of the water, the uses and aprovechamientos of the subterranean and superficial water and the utilization of the beds, river bed and marine, lake, and river beaches, the following:
A. to Lend administrative, financial, technical, and budgetary support to the Regional Autonomous Corporations and of Sustainable Development, and to the municipalities, for the prevention programs execution and control of the water contamination.
B. to Cooperate with the Regional Autonomous Corporations and of Sustainable Development, and with the municipalities and districts, in the control functions exercise and caution of the factors of water contamination and in general in all it related to the use of the resource.
C. to Lend administrative support al Department of the Environment, to the Regional Autonomous Corporations and of Sustainable Development and to the municipalities and districts, in the management of caused crisis by the declamatory one of the Level of Emergency.
I ARTICULATE 334. Competences of the Municipalities and Districts. It corresponds to the municipalities and districts, in relation to the protection and control of the quality of the water, the uses and aprovechamientos of the subterranean and superficial water and the utilization of the beds, river bed and marine, lake, and river beaches, through their mayors or of the agencies of the municipal or local order in which these delegate them, with subjection to the law, the regulations and theupper, the exercise of the following attributions:
a. to Dictate norms for the protection of the quality of the water, of the river bed, beaches and beds, inside its jurisdic
b. to Dictate restrictive measures of vertimientos of contaminants to the bodies of water, when the circumstances thus require it and before the occurrence of episodes that impose the declamatory one, in the municipality or district, of the Level of Emerges
C. Establishing, the rules and criteria on protection of the quality of the water, of the river bed, beaches and beds, that should be keep in mind in the environmental code of the territory of the municipality or district, in the zonificación of the use of the rural and urban floor and in the plans of development or in the plans and plans of territorial code.
D. Advancing programs of arborización and reforestación in rural and urban zones.
e. to Exercise functions of control and municipal or local caution of the factors of water contamination and to impose the corrective measures that in each case correspo
F. Imposing, to prevention of the other competent authorities, the sanctions that be of the case by the infraction to the contained dispositions in the present Decree, in the respective municipality or district, or by those in which they incur inside its jurisdiction, works, industries or activities, regarding which there be it been delegated the function of offering the corresponding permission, concessions or authorizations.
g. to Offer the permission, concessions or authorizations, in water matter, in the cases in which have them been delegated that function by the Autonomous Corporations Region
PARAGRAFO. It corresponds to the concejos municipal and local the exercise of the functions established in the literal a. and c. of the present I articulate. The others they will be exercised by the mayors or by the agencies to the ones that the municipal or local regulations, or the acts of delegation, attribute their exercise.
I ARTICULATE 335. Functions of the IDEAM. The Institute of Hidrología, Meteorología and Environmental Studies (IDEAM), will lend its scientific and technical support to the environmental authorities, and especially al Department of the Environment, in the exercise of its competences related to the protection of the quality of the resource water, and of the river bed, beaches and beds, and will advance the necessary technical studies for it takes of decisions and for the expedition of the regulations thatSend off on the matter in development of its attributions.
It corresponds al IDEAM to maintain information brought up to date and to perform constant monitoring, of the factors of contamination and degradation of the quality of the water and of the river bed, beaches and beds in the large primary basins especially and in general in the national territory when its intervention supletoria be required, and to do permanent monitoring, by means of procedures and adequate technical instruments of measurement and caution, of the bacteriological and physical-chemical parametersControl on the part of the agency of competent basin.
The IDEAM will have to its charge the execution of the technical studies tending toward estandarizar the methods, procedures and instruments that be utilized on the part of the environmental authorities, by the laboratories of environmental diagnosis and by the agents contaminadores, for effects of the control, caution and measurement of the factors of water contamination, and the others that correspond it to exercise in relation to the protection and control of the qualityWater, the uses and aprovechamientos of the subterranean and superficial water and the utilization of the beds, river bed and marine, lake, and river beaches, according to the law and the regulations.
It corresponds al IDEAM to endorse the instruments of measurement and to define the periodicidad and the technical procedures of evaluation of the contamination of the water, that utilize the environmental authorities.
I SURRENDER II
APPLICATION OF THE PRINCIPLE OF SEVERITY
SUBSIDIARY AND
SUPPORT OF THE FORCE PUBLISHES
I ARTICULATE 336. Application of the “Principle of Subsidiary”Severity. The Regional Autonomous Corporations and of Sustainable Development, the Large Urban Centers, and the municipalities and districts, in their order, in their condition of environmental authorities, they will be able to adopt specific norms of quality of the water and of vertimiento, more restrictive than them established by the Department of the Environment, with base in the following considerations:
1. For norms of quality of the water.
A. When by means of studies on the characteristics of the water and/or bioensayos be verified that it is necessary to do more restrictive happinesses norms.
B. When the criteria of quality for the uses assigned in the zone of mixture be surpassed and cause effects of deterioration in the resource that affect to the renewable natural resources or al environment, in whose case the agency of competent basin will be able, besides, to require the change of the point of discharge, the discharge systems adoption to improve the diffusion of the vertimiento, or the restriction ofOf vertimiento.
PARAGRAFO.- The control of the norms of quality will be done outside of the zone of mixture, being understood for such the area technically determined by the agency of competent basin, without damage of the principle of precaution, from the point of discharge, indispensable so that be produced mixes homogeneous among the receiver water body and the vertimiento.
2. For norms of vertimiento
A. When through studies or model be verified that, in spite of complying with the norms of vertimiento, the norms of quality established by the Department of Environment are exceeded.
B. When in the processes of ordering multiple uses by sections be assigned, in whose case the norms of vertimiento will be established keeping in mind the most restrictive values for each one of the parameters set for each use.
I ARTICULATE 337. Support of the Public Force and of Other Authorities. In all the cases in which the agency of competent basin adopt measures of restriction, caution or contamination episodes control, will be able to request the support of the public force and of the other civil authorities and of police of the place affected, which will have the obligation to lend it to him to guarantee the exact execution of the measures adopted.
It will incur in causal of bad conduct, sancionable with dismissal of the charge, the military, civil authority or of police that refuse unwarranted the contribution or support owed, in the events and circumstances to that refers the present I articulate.
T I T OR L OR XI
OF THE WAYS TO ACQUIRE STRAIGHT AL USE OF THE WATER, RIVER BED, BEDS AND BEACHES
I SURRENDER I
GENERAL DISPOSITIONS
I ARTICULATE 338. You form of Acquisition of the Right one al Use of the Water, river bed, Beds and Beaches.- The right one al use of the water, river bed, beds and beaches is acquired of the following forms:
1. By Department of the Law,
2. By Concession or Mercy of Superficial Water,
3. By Permission of Vertimiento,
4. By Subterranean Water Exploration Permission,
5. By Wells Construction Permission or Subterranean Water Collecting Works,
6. By Concession of Subterranean Water,
7. By Common Permission,
8. By Special Permission,
9. By Authorization for Occupation of river bed and Beds,
10. By Permission for Permanent or Transitory Occupation of Beaches.
I SURRENDER II
ACQUISITION OF USE OF THE WATER
BY DEPARTMENT OF THE LAW
I ARTICULATE 339. Uses of the Water by Department of the Law. They are understood for such, the uses of the water that be carried out in the following cases:
1.Public domain Water uses: While they reflect for their natural river bed, any person will be able to make use common of the water of public domain, without being necessary that mediate permission, authorization or concession, for end such as to drink, to be bathed, abrevar animal, to wash clothes or utensilios domestic, to cook food, and any other similar domestic uses, whenever themselves be not caused with it damages to third parties or al resource.
So that such common uses they are exercised for department of the law, they should be performed without being established derivations of the natural river bed, neither to employ machines or apparatuses of extraction, vertimiento or conduction, neither to stop or to deviate the course of the water, neither to deteriorate the river bed or the margins of the current or the body of water, neither to alter or to contaminate the water to a point such that themselves imposibilite their aprovechamiento byFor the same uses.
When for the exercise of this right should travel for alien grounds, should exist the corresponding servants of traffic.
Any third that it consider that its right one is injured al use by department of the law of the water of public domain will be able to ask the intervention of the agency of competent basin or of the municipal or local city hall so that be impeded or control some use that be damaging to the quality of the water or that injure the rights of third parties to exercise on them the right to itsUse.
(I articulate 86 of the Decree-Law 2811 of 1974)
2.Privatecontrol Water uses : The water of private control will be able to be utilized by their owners exclusively for domestic consumption. The water of private control used or served that they pour to currents or public use water bodies you will be you hold to the norms on vertimientos, applicable to the basin, body or current of respective water.
PARAGRAFO- . The common uses of the water, by department of the law, do not confer exclusiveness neither to create straight, are for free essence and they will not require for their exercise of permission, concession, neither authorization on the part of the agency of basin, without damage of the other restrictions policivas that they can be object, by reasons of security, tranquility or salubridad public.
I SURRENDER III
ACQUISITION OF THE USES
OF THE WATER OF CONTROL I PUBLISH
I ARTICULATE 340.- Uses of the Water by Administrative Act of the Agency of Basin.- The uses of the water, that be not for department of the law, are acquired for administrative act sent off by the agency of competent basin.
The administrative acts of the agency of basin by means of which uses are offered privativos on the water are the permission, the concessions and the authorizations.
Seccion 1a.
Of The Concession or Mercy of Water
I ARTICULATE 341.- Classes of Concessions or Mercy of Water.- The concessions or mercy of superficial water, according to its recipient, are classified in:
To) concessions of water to individuals; and
B) concessions of water for public utility.
They are concessions of water to individuals the ones that, by means of administrative act of the agency of competent basin, are offered directly to a natural or legal person or to an assembly or community of persons natural or legal, or to a common business (art. 338 of the DL. 2811 of 1974), in order to attending to its domestic needs, or for the use in its agricultural activities, pecuarias, acuícolas and basic industrialists, through an acueducto individual or common, ( that have not more than ten home or family users (10)), Whose derivation originates directly of a current or public domain water body.
They are concessions of water for public utility, the ones that, by means of administrative act of the agency of competent basin, are offered to a municipality or district that lend directly the home public utility of acueducto, or to a business of public utilities (ESP) entrusted by these to lend it because be found constituted in the terms and conditions established by the law 142 of 1994. Also it is considered that it there is place to concession of acueducto for public utility ( when the individual users by household surpasses the number of ten (10) ). For these effects, is understood for home public utility of acueducto or of drinkable water, the municipal or local distribution, inside the urban perimeter and of services, or in rural zone, of apt water for the human consumption, included its connection and measurement. The concession of water for public utility will include the complementary activities of said service such as the collecting of the water and its prosecution, processing, storage, conduction and transportation.
PARAGRAFO - The organizations authorized according to the law 142 of 1994 to lend public utilities in smaller municipalities, in rural zones and in areas or specific urban zones, as well as the natural or legal persons that produce for them same, or as consequence or complement of its main activity, the goods and own services of the object of a business of public utility of acueducto, they will be you hold al state of concessionOf water to individuals that treats the present decree, without damage of its subjection to the norms established to its respect by the law 142 of 1994. In the event that said organizations or persons be organized or they be seen obliged to be organized like businesses of public utility (ESP) they should request, for the installment of their service, a new concession of water for public utility.
I ARTICULATE 342.- Concession or Mercy of Water for public Utility of Acueducto.- Every municipality, district, territorial company, or business of public utility (ESP) that lend the public utility of acueducto, in the terms established by the law 142 of 1994, will require, besides the corresponding environmental license, the prior granting of a concession or mercy of water sent off by the agency of competent basin, in the terms established by the law and by the present decree, without damage of the other environmental permissionAnd sanitary connected with the installment of said service.
The businesses of public utility (ESP) of acueducto, to be able to lend the home service, when it not the municipalities do directly or districts, they will owe, besides obtaining the administrative concession of water for public utility, offered by the agency of competent basin, to celebrate with the municipality or district where to should to be lent the home service, a contract of concession of the public utility of acueducto, in the terms established by the142 of 1994 and by the other applicable complementary norms.
PARAGRAFO. - Each time that a change occur of the prestatario of the public utility of acueducto will proceed former-officio , on the part of the agency of competent basin A revision of the administrative act of the concession of water. (Art. 25 it 142/94) Likewise, is obligation of who lend public utilities, to invest in the maintenance and recovery of the quite public one that exploit through contracts of concession.
If it is a matter of the installment of the services of drinkable water or saneamiento basic, according to the distribution of arranged competences by the law, the competent authorities will verify the technical suitability and financial reliability of the solicitante for effects of the corresponding procedures.
I ARTICULATE 343. Of the Concession of Superficial Water. The concession of water is the one that offers the agency of competent basin, by means of administrative act, so that a natural or legal person, public or private, can take advantage of the superficial water of public domain, with subjection al fulfillment of the respective environmental norms and of the conditions and terms that the same act that the concession confers establishes.
I ARTICULATE 344.- Concession or Mercy of Water for public Utility of Acueducto.- The supply of water to satisfy concessions is subject to the availability of the resource; therefore, the State is not head when by natural causes cannot guarantee to the users the volume granted.
The precedencia chronologic in the concessions does not offer priority or privileges neither to generates straight acquired, and in cases of shortage all the concessions will be supplied to prorrata or for shifts, according to it established in this Decree.
I ARTICULATE 345. Priorities. To offer concessions of water, the following order of priorities will keep in mind itself:
1. Utilization for the domestic and human consumption,
collective or common, be urban or rural;
2. Common farm uses, understood the uses
agricultural, the irrigation, the silvicultura, the acuacultura and the
piscicultura;
3. Generation of energy;
4. Industrial or manufacturing uses;
5. Mining uses;
6. Commercial use of mineral water for human consumption,
as well as them they destined al medicinal use;
7. Recarga artificial of acuíferos;
8. Common recreational uses;
9. Individual recreational uses;
10. other uses.
PARAGRAFO 1o. The use for domestic and human consumption will have always priority on any another use, the collective uses on the individual and the of the inhabitants of a region on the outside of her.
PARAGRAFO 2o. The feasibility to offer the previous concessions will be holds to the dispositions in force, to the norms of code of the resource or of the territory sent off by the agency of competent basin, or by the corresponding territorial companies, and to the applicable dispositions in around al code of use and vocation of the floor.
I ARTICULATE 346. Factors for Elaboration of Plans and Water Use Programs.-The agency of competent basin will offer the concessions of water and will devise the plans of use and the programs of distribution of the resource of a basin, of a current or of a body any of water, in the hydrologic plan pertaining to attending to the economic-social needs of the region and to its conditions ecosistémicas, and in function of the following special factors:
1. The state of rains, temperature and evaporation; or the seasonal changes of the water offering of the basin, subcuenca or microcuenca
2. The availability of the resource, according to the offering and demand of the same one;
3. The plans of social and economic development approved by the competent authorities;
4. The plans or plans of territorial code; and code of the use and vocation of the floor;
5. The National Hydrologic Plan, and especially the hydrologic plans established for the respective basin, sub-basin, or micro-basin;
6. The need to maintain you reserve sufficient of the water resource in critical periods;
7. the concessions offered before.
I ARTICULATE 347. Request of the Concession of Water to Individuals. The request of the concession of superficial water to individuals should include, when less, the following information:
A. Name or social reason of the solicitante or solicitantes; and of its legal or authorized representative, if there be them, with indication of its residence, be rural or urban;
b. Name and identification of the ground or grounds beneficiaries, their extension superficiaria, and their identification by their real estate agency registration sheet and their respective decree catastral, where liftings exist catastrales;
C. Name and locating of the body of water of which intends to do the derivation; and of the municipality in whose jurisdiction the collecting of the water will be done;
D. Indication of the paths or communities beneficiaries of the concession, if I was a matter of a request for use of an acueducto common in rural zone;
E. Indication of the existing or necessary servants to use the water whose concession is asked, with indication of the grounds servants and of its owners, if fuere possible;
F. Class of uses, and the description of the works, industries or activities for which the water will be destined whose concession is requested, with information on the destiny of its vertimientos once served; the type of cultivations, in rural zones, and the area to irrigate in the cases in which be required for agricultural uses;
G. Concept or certification on use of the floor of the ground or grounds that will be benefited with the concession, sent off by the authority municipal or local competent, or in their defect, the public documents or official publications contentivos of norms and flat, that they support and they test the compatibility among the use, the activity or work, projected in the ground beneficiary of the concession, and the use permitted of the floor inor district;
H. Information about the works or systems of collecting and conduction and plans of the same.
I. Quantity of water that is desired to utilize, aforesaid in liters by second/by day, which necessarily will not be the one that be granted.
J. The additional information that the agency of competent basin consider necessary to ask, for a single time, and with the only end to clarify some technical or legal aspect of the request.
PARAGRAFO 1o. The solicitante should enclose to the request the following documents:
1. Certificate of existence and legal representation, if is legal person;
2. Authorization of the owner or possessor when the solicitante be mere holder;
3. Certificate brought up to date of the registrador of public instruments on the property of the real estate, or the test of the possession or possession;
4. Being able properly offered, if itself work through attorney.
PARAGRAFO 2o. When a derivation be going to benefit grounds of different owners, the request of concession should be formulated for all them interested. Once it offered the respective concession will be considered formed a community among the different beneficiaries, by department of the law, with the purpose to take the water of the source of origin, distributing it among the users and to conserve and to improve the acueducto, whenever them interested they have not celebrated another relative convention al same end.
I ARTICULATE 348. Request of Concession or Mercy of Water for public Utility. The request of the concession or mercy of superficial water for public utility should include, when less, the following information:
A. Indication of the municipality, district, territorial company, metropolitan area, association of municipalities or splits delimited of these where will be lent the public utility of acueducto with the water requested in concession.
B. Name or social reason of the Business of public Utilities (ESP) that do like solicitante, in the event that the service be not lent directly by a territorial company, as well as of its legal representative, and of the attorney to advance the administrative action, if there be it, with indication of the main residence of the company.
C. Number of grounds served or that intends to serve with the service of acueducto whose concession of water is requested, with classification of if is a matter of urban, suburban or rural grounds; reckoned of the number of present users and potentials of the service, conditions and characteristics of the network of distribution, if existiere, or of the works projected for its construction, renewal or enlargement, well be inside the perimeterservices, or inside an area of urban expansion; quantities of consumption reckoned by liter by second, for day; and growth or decline reckoned of the quantity of users inside the next 5 years; quantities of users classified by main uses (domestic, agricultural, industrial, other), quantities reckoned of losses in the network; quantities reckoned of vertimientos liquid and solid, organic or chemical, for day, by liters, by second;
D. Name and locating of the body of water of which intends to do the derivation; and of the municipality in whose jurisdiction the collecting of the water will be done, identification cartográfica of the place of it takes and of the places where they will be done the vertimientos final of the system of alcantarillado.
E. Current or body of water in which they will be done the vertimientos, classes of vertimientos, standard adopted by the business of alcantarillado (if fueren stricter than the national or regional standards of the basin), goals of quality of the water. Studies on dilution and asimilación of the vertimientos done in the water.
F. Processing of the water, transportation, conduction, measurement, water processing served, characteristics of the vertimientos, vengeful rates collection projections, compensatorias and of use, reckoned of the I collect in 5 years, quality expected of the water served.
G. Indication of the existing or necessary servants to use the water whose concession is asked, with indication of the grounds servants and of its owners, if it fuere possible, or of its possessors or holders when its owners not fueren identifiable.
H. Class of uses, and the description of the work, industry or activity for which the water will be destined whose concession is requested, with information on the destiny of its vertimientos once served; the type of cultivations and the area to irrigate in the cases in which be required for agricultural uses
I. Summary of the Plan of Territorial Code, of the Basic Plan of Code or of the Plan of Code in relation to the uses of the floor authorized Concept or certification on use of the floor of the ground or grounds that will be benefited with the concession, according to certificate sent off by the authority municipal or local competent, or in its defect, the public documents or official publications contentivos of norms andcompatibility among the use, the activity or work, projected in the ground beneficiary of the concession, and the use permitted of the floor;
J. Information about the works or systems of collecting and conduction and plans of the same.
K. Quantity of water that is desired to utilize, aforesaid in liters by second/by day, which necessarily will not be the one that be granted.
L. Program of protection of the basin, investments “in situ”, and of the births, plans of rehabilitation of the resource, systems of monitorings that will be utilized to control the vertimientos.
M. The additional information that the agency of competent basin consider necessary to ask, with the only end to clarify some technical or legal aspect of the request.
PARAGRAFO 1o. The solicitante should enclose to the request, besides all the legal and technical information required, the following documents:
1. Certificate of existence and legal representation, if is legal person;
2. It copies of the contract of concession celebrated with the respective municipality or district, if is an ESP or a prestatario authorized of the service of acueducto and/or alcantarillado;
3. Being able properly offered, if itself work through attorney.
4. Memorial of Request, vouched for by two engineers: one geologist or hidrólogo and another civil engineer, properly registered.
PARAGRAFO 2o. When a derivation be going to benefit grounds of different owners, the request of concession should be formulated for all them interested. Once it offered the respective concession will be considered formed a community among the different beneficiaries, by department of the law, with the purpose to take the water of the source of origin, distributing it among the users and to conserve and to improve the acueducto, whenever them interested they have not celebrated another relative convention al same end.
I ARTICULATE 349. Procedure for the granting of Concessions, Permission and Authorizations of Water. It presented the request of the concession, permission or authorization, personally and in writing, will be dealt with according to the following rules:
1. It received the complete documentation, the agency of competent basin will dictate a procedure initiation car that will be notified and will publish in the terms of the I articulate 70 of the Law 99 of 1993. In the event that the request gather not the legal requirements or the additional established by the agency of competent basin, in the same car of initiation they will be indicated al interested the corrections or necessary additions, so that rectify them or satisfy in the term of ten (10) days, conquered which, if there be not given fulfillment to it established by the agency of basin, or there be not the solicitanteit asked in time overtime of the term to rectify them, the request will be rejected;
2. If the authority before which the procedure is supplied considers necessary a technical visit of inspection al respective place, will order it so that be practiced inside the fifteen (15 during the day following and thus will indicate it in the procedure initiation car, in which the date will be needed, hour and place in which there will be to be carried out;
3. Ejecutoriado the procedure initiation car or gathered by the petitioner the additional information required by the agency of basin, this will arrange of five (5) additional work days to request to other authorities or companies to yield inside the fifteen (15) subsequent days to the date of the communication that thus request it, the technical concepts or informations that be necessary for the granting of the concession. Of the term here predicted will omit themselves in the event that they be not necessary you said concepts or informations;
4. It presented to satisfaction all the documentation by the interested, or received the additional information requested, or conquered the term for to be answered the request of concepts and additional informations to other authorities or companies, the agency of competent basin will decide if offers or denies the concession, the permission or the authorization in a term that will not be able to exceed of sixty (60) days;
5. The Resolution by which is offered or the concession is denied, permission or authorization of water should be motivated and against her the resources of reinstatement proceed and of appeal;
6. For the effects of publicity of the decisions that put an end to the action, the arranged thing will be observed in the I articulate 71 of the Law 99 of 1993.
I ARTICULATE 350. You cause them to Initiate Not the Procedure of a Concession, Permission or Authorization.- The agency of competent basin will abstain to initiate the procedure directed to offer permission, concessions or authorizations, when the exhaustion of a prior procedure be required. That it will proceed to deny the permission, concession or authorization, by means of resolution motivated holds to the resources of law, when they be given, among others, the following cases:
1. When not availability of the resource in quality exist or quantity;
2. When the aprovechamiento intend to carry out in a body of water that be found located in a zone declared as of forest or water reserve, national park or sanctuary of flora and fauna, in whose case will be required, previously to the continuation of the procedure, a study of environmental impact;
3. Because of public utility or social interest, or by contravención to the relative dispositions al code of the use of the resource or of of use permitted of the floor.
I ARTICULATE 351. Content of the Resolution of Granting of the Concession, Permission or Authorization. The administrative act by which concession of superficial water is offered will contain, when less, the following thing:
1. Identification of the person or persons to who the concession is offered, the permission or the corresponding authorization;
2. Decision, description and location of the work, industry or activity that will be benefited with the concession, permission, or authorization and description and location of the places of derivation, use and return of the water;
3. Name and locating of the body of water of which the water are going to derive themselves;
4. Considerations that have been kept in mind for the granting of the concession, permission or authorization;
5. Quantity of water that is offered, with precision of its volume by liter by second for day and by cubic meters per year,
6. Use or uses that are going to give to the water, way and opportunity in which they will be done the use;
7. The term of force of the concession, permission or authorization which will not be able to be over five (5) years, save it destined to the installment of public utilities or to the public or social interest works construction, that will be able to be offered for periods not upper to fifty (50) years; being renewable to their expiration when there be not new circumstances that they impede it.
8. Fixing of all and each one of the requirements, conditions and obligations that should satisfy and to comply the holder of the concession, permission or authorization and its users, so much as for consumption as as for vertimientos;
9. The obligation in charge of the holder of the concession, permission or authorization to count on you determined teams, infrastructure or installations or to introduce modifications to its processes, to guarantee the maintenance of the environmental conditions required;
10. The guarantees that should offer the holder of the concession, permission or authorization of water, in order to assure the fulfillment of the obligations in her established;
11. The competence of the agency of basin to modify unilaterally, in a total way or partial, the terms and conditions of the concession, permission or authorization, when by any cause they have themselves modified the circumstances kept in mind al moment to offer it, according to it established al respect by the present statute. (cfr.modification of the permission, concessions or authorizations);
12. The rights and conditions of opportunity of the holder of the concession, permission or authorization to request the modification, total or partial of the same one when have changed the conditions of environmental effect that were you considered al moment to offer it;
13. The consequences of the breach of all or splits of the requirements, conditions and imposed obligations al regular of the concession, permission or authorization;
14. The conditions for the renewal of the concession, permission or authorization, once conquered its term;
15. The events in which the suspension proceeds or revocation of the concession, permission or authorization;
16. The applicable sanctions by the breach of the terms and obligations indicated in the act of granting of the concession, permission or authorization.
PARAGRAFO 1o. For effects of this Decree, in the act of granting of a concession, permission or authorization, reference to the technical documents will be done and other anexos legal to that there be place, without need to include them inside the text of said act. All the anexos cited or required they should remain in the file of the agency of competent basin.
PARAGRAFO 2o. So that it can make use of a concession, permission or authorization of water is required that the works hydraulics ordered in the respective resolution, have been built by the holder of the concession according to the terms that for such effect set the agency of competent basin.
When in the opinion of the agency of competent basin the lack of economic resources of the holder of the concession be established, permission or authorization, that will be able to design the works of respective collecting to give fulfillment to the obligations, requisite and conditions stipulated in the concession offered.
I ARTICULATE 352. Policies of Guarantee. When it want that a concession be offered or mercy of water, the agency of competent basin will require al regular of the same one, the granting of a fulfillment guarantee policy of the obligations derived from the same one, until an equivalent value al 100% of the costs of The works of collecting, control, conduction, storage or distribution, when these be required to guarantee the aprovechamiento of the water according to it established in the present Decree. The solicitante will reckon the value of said works al moment of the request, for the effects of the granting of the policy of guarantee.
The policy presented like guarantee does not exonerate al regular of the concession of the responsibility of the fulfillment of the obligations that the concession imposes it.
When themselves hiciere effective a fulfillment guarantee policy in favor of the agency of competent basin, the moneies originating from the same one will be utilized preferentially for programs of environmental management in the hydrographic basin where the work is located, industry or activity that requires the concession. The payment of the policy does not exonerate al user of the obligation to perform the works or to introduce the modifications that the concession has imposed it, or of the penal and civil responsibilities in which have incurred; neither exempts it of the administrative sanctions that fueren legally coming.
When the work, industry or activity require environmental license, will not be necessary to constitute the policies of guarantee that treats the present I articulate.
I ARTICULATE 353. Exclusion of Rights Acquired in the Concession, Permission or Authorization of Water. The concessions, permission or authorizations of water offered by the agencies of competent basin, or by any environmental authority, themselves they will be able to invoke like constituents of rights acquired by the individuals in no case.
Later al granting of a concession, permission or authorization, the agency of competent basin will be able to regulate, by general way, by means of plan of code or without him, the distribution of the volume of a body of water, or its uses and the conditions of the derivation and existing works, and to modify with it, unilaterally and in any time, the contained conditions in administrative acts of individual or private reach.
I SURRENDER IV
PERMISSION OF VERTIMIENTO
I ARTICULATE 354. Of the Permission of Vertimiento. The permission of vertimiento is the one that offers the agency of competent basin, by means of administrative act, so that a natural or legal person, public or private, can do vertimientos, inside the limits permisibles established in the respective environmental norms.
It will be able to be offered concession of water to no solicitante that can cause vertimientos contaminants, without the permission be included of vertimiento in the same administrative act that the concession confers
I ARTICULATE 355. Vertimientos that require permission. The natural or legal persons, public or private, they should obtain the permission of vertimiento when in the development of works, industries or activities, during their installation, operation, enlargement or modification, produce residues contaminants. They will require permission of vertimiento of liquid residues, in the water, the floor or the subsoil, the following poured and activities that generate them:
1. The not punctual or dispersed, of any nature;
2. The washed of installations and air ships of fumigation;
3. Them they originated in places of final disposition of solid residues, and dangerous, as the lixiviados;
4. The originating of ports and lake, river, maritime, air, and terrestrial terminals, as well as of the clubs náuticos or marine;
5. The originating of headquarters and bases of the military forces, and of other institutional installations, that they be not connected to the network of alcantarillado public;
6. The originating of the transportation, utilization, production, transformation and storage of dangerous substances;
7. The originating of the activities of harvesting, transportation, processing or disposition of liquid residues;
8. The originating of lubricants supply activities and of establishments dedicated al maintenance and washed of self-propelled vehicles, airships and embarkations;
9. The originating of industrial, commercial activities, industrial farming, and exploration, exploitation, transportation, refining and storage of petroleum and its derived, and the injection in acuíferos of the associated water to the petroleum activity;
10. The originating of the exploration, exploitation, extraction, storage, utilization and transformation of minerals in general, understood among these the building materials and radioactive, metals, salinos, coal and precious stones;
11. The originating of plants termoeléctricas;
12. The originating of complexes and tourist projects, included hotels and clubs, among others, parcelaciones, divisions into lots, condominios and housing assemblies, that be not connected to a system of alcantarillado public;
13. The originating of plantations agroindustriales, of biological control, zoocriaderos, piscifactorías, laboratories and farms of commercial production of agencies hidrobiológicos, establishment of farms pecuarias, floricultura, control and eradication of illicit cultivations;
14. The originating of the activities of potabilización of the water;
15. The originating of hospitals, centers of health, clinical, laboratories and similar establishments that be not connected to a system of alcantarillado public;
16. The originating of slaughterhouses, plazas of market, plants procesadoras of food, beneficiaderos of coffee, trapiches, that they be not connected to a system of alcantarillado public;
17. The originating of the storage of commodities that generate liquid residues;
18. The water of escorrentía, water of percolación and water of lixiviación.
19. The ones that generate civil works of road infrastructure in rural zones.
PARAGRAFO 1o. The agency of competent basin will be able to require, supported in technical concept, the permission of vertimiento to other works, industries or different activities to them enunciated in this I articulate, generators of liquid residues or of solids.
PARAGRAFO 2o. The enlargements or modifications of works, industries or activities that generate the liquid residues or vertimientos to that refers the present I articulate, they will require the addition or prior modification of the permission in force.
I ARTICULATE 356. Request of the Permission of Vertimiento. The request of the permission of vertimiento should include the following information:
1. Name or social reason of the solicitante; and of the legal or authorized representative, if there be them, with indication of its residence;
2. Locating of the installations of the work, industry or activity;
3. Date projected of initiation of activities; or dates projected of initiation and termination of the works, works or activities, if is a matter of vertimientos transitory;
4. Concept on location and uses of the floor of the work, industry or activity and/or of the work of control, sent off by the authority municipal or local competent, or in their defect, the public or official documents contentivos of norms and flat, or the official publications, that support and test the compatibility among the activity or work projected and the use permitted of the floor;
5. Project of installation, enlargement or modification, with description of the works, processes and activities of production, maintenance, processing, storage or disposition, that generate liquid residues, and the corresponding plans.
6. Discharge points number of the liquid residues and its characterization. For works, industries or new activities the characterization will be able to be theoretician but technically probable and veraz.
7. Plans of domestic, industrial, sanitary networks and of water rains, specifying the places of vertimiento.
8. Liquid residues generation projections to five (5) years.
9. Design of the systems of control and management of the existing, water contamination or projected, costs reckoned, cronograma of execution, location and characterization of the affluent liquid residue and efluente, if is necessary. Reporting if utilizes controls al final of the process for the control of the water contamination, or clean technologies, or both.
10. Type of concessions offered or presentation of the account of services of acueducto and alcantarillado corresponding.
11. Identification of the receiver water body of the vertimientos and a representative characterization of the same one.
PARAGRAFO 1o. The solicitante should enclose besides to the request the following documents:
1. Certificate of existence and legal representation, if is legal person;
2. Being able properly offered, if itself work through attorney;
PARAGRAFO 2o. The request of permission of vertimiento will be able to be done jointly with that of superficial or subterranean concession of water.
PARAGRAFO 3o. The solicitante of the permission of vertimiento should do a complete and adequate management of the residues, included the dangerous, generated in the productive processes or in the systems of environmental control and for such effect, will continue it stipulated in the environmental regulations that regulate the Law 99 of 1993, in the corresponding thing al management, prevention, control and aprovechamiento of the renewable natural resources air and floor.
I ARTICULATE 357. Procedure of the permission of vertimiento. It presented the request of the permission, personally and in writing, this will be dealt with according to it established in the I articulate 363 Bis (Procedure of the concession) of the present Decree.
I ARTICULATE 358. Content of the Resolution of Granting of the Permission of Vertimiento . The administrative act by means of which the permission is offered of vertimiento will contain, when less, the following thing:
1. Decision, description and location of the work, industry or activity or project of installation, enlargement or modification, for which the permission is offered;
2. Name and locating of the receiver water body of the vertimientos;
3. The vertimiento permitted or authorized, its characteristics and technical conditions and the processes or activities that understands, with the characterization of the points of vertimiento;
4. The term of force of the permission, which will not be able to be over five (5) years, being prorrogable according to the new existing conditions;
5. The automatic obligation to count on teams of measurement with registradores for monitoring of the quantity and quality of the contaminants poured and of the receiver water body; this last when the agency of competent basin consider it necessary.
6. Constituting a fulfillment guarantee policy in the terms established by the present Decree, in whose case the agency of competent basin will be able to require the policies of guarantee until an equivalent value al 100% of the costs of the liquid residues control works, required to reach the norms of quality and of vertimiento.
7. It it indicated in the numerales 1, 4, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the I articulate 365 of the present Decree, when fuere offered together with the Concession of Water
I ARTICULATE 359. Force, Reach and Renewal of the Permission of Vertimiento. The permission of vertimiento will have a maximum force of five (5) years, being renewable indefinitely for periods equal.
The modifications of the standards of vertimiento or the expedition of new norms or standard of vertimiento, they will modify the conditions and requirements of exercise of the permission in force and they will enter to govern from the moment that arrange the respective administrative act of general character that adopt them.
The permission of vertimiento for works, industries or activities, if is a matter of permanent activities, they will be offered until the term of five (5) years; those of vertimientos transitory, caused by works, industries or temporary activities, they will be granted for the term of duration of said works, works or activities, based on the programming presented to the authority by the solicitante of the permission.
For the renewal of the permission of vertimiento the presentation by the holder of the same one of a new Report of States will be required of Vertimiento (IEV-2) , Of the one that treat the articles 457 and following of the present Decree. The presentation of the form IEV-2 It will do the renewal request times.
The extemporaneous presentation of the form IEV-2 Of renewal of the permission of vertimiento, will give rise to the imposition of fines, without damage of the other sanctions that proceed for the lack of the permission in force or by other connected infractions.
I ARTICULATE 360. Injection of associated water to the petroleum activity. When they evaluated and applied other alternatives, still subsist danger of contamination, and be absolutely necessary to inject al subsoil associated water to the rich, petroleum activity in hydrocarbons, in cloruros or in any another substance contaminant, special studies should be carried out hidrogeológicos and to submit them to the agency of competent basin so that give its permission of vertimiento.
The injection of associated water to the petroleum activity requires special permission and will be dealt with for the procedure of the permission of vertimiento.
These studies should contain, when less, the following aspects:
1. Decision of hydraulic parameters that define with clarity if the acuífero is hydraulically receiver and that geological and structurally be favorable, so that imply not migrations of the liquid injected.
2. The injection should be carried out in acuíferos not utilizables, being understood for such those that they possess a concentration of total solids over 10,000 mg/L, concentration of cloruros over 600 mg/L (BPXC), be found to a depth over 500 m. and always under acuíferos of potentially of value sweet water for any of the definite uses in the present Decree.
3. The injection will be able to carry out in the strata evacuees by the exploitation of the petroleum, old or recently.
4. The injection will be performed subject to fulfillment of the applicable environmental norms.
PARAGRAFO. The associated water to the petroleum activity will be able to be injected in acuíferos respected not utilizables, whenever the following conditions are felt:
1. The acuífero not utilizable will not contaminate an acuífero utilizable.
2. The well inyector will not contaminate other acuíferos that find to its step.
3. The owner of the well will devise at least once each five years a test of integrity of the well to be assured that this not present leaks. The results of the test will be filed on the part of the owner for six years, and they should be available in the event that they are required for the agency of competent basin.
C TO P I T OR L OR VIII
EXPLOITATION AND DREDGED
OF RIVER BED, BEACHES AND BEDS
I ARTICULATE 361. Of the Environmental License for Exploitation of river bed, Beaches and Beds. The exploitation of river bed, marine or river beaches and beds or river bed of a body of water, so that a natural or legal person, public or private, can exploit materials of sedimento or drag, or to exercise activities of transportation or removal of you said material by the seaboard, the river bed, beaches and beds of the bodies of water or of the sea, they will be authorized according to the state of the Code of Mines,they will require of environmental license before the agency of competent basin .
I ARTICULATE 362 Special Requirements for the Environmental License. The request of environmental license should include when less, the following information:
1. Name or social reason of the solicitante; and of the legal or authorized representative, if there be them, with indication of its residence.
2. Name of the body of water, locating and delimitación of the sector (is) of the river bed, bed or beach where will be established the exploitation.
3. Class and quantity of material that intend to extract and destiny.
4. Time during which the extraction will be carried out.
5. Grounds of private property riberanos al sector of river bed, bed or beach that intends to exploit.
6. Similar exploitations, aprovechamiento of water, bridges, viaducts and other existing works in the region, that can be affected with the exploitation.
7. Report on the initial state of the resource.
8. System that will be employed in the exploitation and methods to prevent the damages al bed, river bed, fund or beach or to the public works or private.
9. Reporting if traffic servants permission of the owner is required or proprietary of the grounds by which should pass to advance the extraction when be necessary.
10. The additional information that the agency of basin consider necessary with the legal technical only end to clarify aspects of the request.
PARAGRAFO. The solicitante should enclose besides to the request the following documents:
A. Certificate of existence and legal representation, if is legal person.
B. Being able properly offered, if herself work through attorney.
I SURRENDER IX
MARGINS OCCUPATION AUTHORIZATION,
RIVER BED AND BEACHES
I ARTICULATE 363. Authorization for occupation of river bed, lake and river beaches. Besides the environmental license, when fuere coming, the authorization for occupation of river bed, lake and river beaches is the one that offers the agency of competent basin, by means of administrative act, so that a natural or legal person, public or private, can build works that occupy river bed, margins and lake and river beaches, provided that complying with it established in this statute and in the respective authorization.
PARAGRAFO. -The authorization will be offered, to that does reference this I articulate, to the construction of works that occupy the marine beaches and lands of low tide.
I ARTICULATE 364. Permission for occupation of lake and river beaches. The permission for occupation of beaches and edges is the one that offers the agency of competent basin, by means of administrative act, so that a natural or legal person, public or private, can be in charge of permanent or transitory way the beaches and edges, provided that complying with it established in the law and in the present Decree and without damage of the demand of the environmental license, when fuere coming.
PARAGRAFO. The transitory occupation of beaches for fishing of subsistence does not require permission. The traffic and occupation of beaches and to make use domestic banks of the water is governed for the special norms established to its respect by the present Decree.
I ARTICULATE 365. Competence of the DIMAR. The Maritime General Direction and Harbor of the Department of Defense, DIMAR, as national maritime authority has the function to offer permission, concessions and authorizations for the temporary occupation of the marine beaches and lands of low tide, subject to obtaining of the environmental license in the cases in which she be required, according to her stipulated in the Decree 1753 of 1994, on environmental licenses.
I ARTICULATE 366. Prohibition of the limitation al use of the lake, river, and marine beaches. According to the I articulate 83 of the Decree-Law 2811 of 1974, the lake, river, and maritime beaches are goods inalienables and imprescriptibles of the State, therefore is prohibited to advance works, industries or activities that limit or restrict the free access of the persons for the use of the beaches of recreation.
I ARTICULATE 367. Request. The request of the authorization for occupation of river bed, lake and river beaches should include, when less, the following thing:
A. Name or social reason of the solicitante; and of the legal or authorized representative, if there be them, with indication of its residence.
B. Name of the body of water and locating and delimitación of the sector (is) of the river bed or beach where will be established the occupation.
C. Grounds of private property riberanos al sector of river bed, bed or beach that intends to occupy.
D. Reporting if traffic servants permission of the owner is required or proprietary of the grounds by which should pass to advance the occupation, when be necessary.
E. The additional information that the agency of basin consider necessary.
PARAGRAFO. The solicitante of the common permission should enclose besides to the request the following documents:
A. Certificate of existence and legal representation, if is legal person.
B. Being able properly offered, if herself work through attorney.
I ARTICULATE 368. Procedure. It presented the request of authorization for occupation of river bed, lake and river beaches, personally and in writing, this will be dealt with according to it established by the present Decree for the procedure of the concession of superficial water.
I ARTICULATE. 369 Content of the Resolution of Granting of the Authorization . The administrative act by which the authorization for occupation of river bed is offered and lake and river beaches will contain, when less, the following thing:
1. Name and locating of the body of water on which the occupation is going to carry out himself and exact location of the work or activity that generate the occupation.
2. The term by which the authorization is offered and the permission for occupation of river bed, lake and river beaches, which will be determined by the agency of competent basin.
3. It it contemplated in the numeral 13 of the I articulate 145 of the present Decree, in whose case the guarantee will be constituted for the 30% of the cost of the project
4. The other environmental, technical, legal conditions and policivas to that will be holds the authorization
REGULAR XI
MEASURES FOR THE ATTENTION OF
EPISODES OF CONTAMINATION
And PLAN OF CONTINGENCY
FOR VERTIMIENTOS
I SURRENDER I
FOR SUPERFICIAL WATER
I ARTICULATE 370. Measures for Attention of Episodes. When by virtue of the result of technical studies of observation and monitoring of the quality of the resource in a body of water, the Level of Emergency be declared, besides the other measures that fueren necessary to re-establish the equilibrium altered, the agency of competent basin will proceed, according to the circumstances they advise it, to the adoption of the following:
A. Reporting al public through the media of communication on the occurrence of the episode and the
Declamatory of the Level of Emergency.
B. Exercising strict caution on the works, industries or activities that more impact in the elevation of the contaminants concentration levels in the water.
C. Restricting, to prohibit or to order the temporary closing of the industrial establishments that infringe or they exceed the norms of vertimiento established to control the episode.
D. Ordering, if fuere the case, the evacuation of the population exposed.
E. Executing the plans of respective contingency.
PARAGRAFO 1.° The agency of competent basin will be able Taking according to the nature of the episode and in order to controlling it and to face it, all or some of the measures predicted for the Level of Emergency.
PARAGRAFO 2.° The Departments of the Interior and Environment will establish jointly, by means of Resolution, the rules, actions and necessary politics to coordinate the application of the contamination episodes attention measures, that treats this I articulate, with the national system of prevention of disasters and attention of emergencies.
I ARTICULATE 371. Of the Plans of Contingency by Water Contamination. It is the assembly of strategies, actions and preestablished procedures to control and to attend the episodes by water contamination that eventually can be presented in the activities influence area that generate it, for whose design have been you considered all the events and susceptible sources to contribute to the apparition of such contingent events.
The Regional Autonomous Corporations and of Sustainable Development and the Large Urban Centers will have to their charge to establish plans of contingency inside the areas of their jurisdiction, and especially in zones of to face eventual, critical contamination episodes of contamination. Likewise, they will be able to impose on the agents contaminadores, the adequate contingency plans to have obligation to the nature of the respective activity and to require of these the verification of efficacy of their systems of attention and answer, by means of periodic verifications.
PARAGRAFO. When it want that the emergencies and eventualities can affect to the communities located in the area of influence, identifying in the plan of contingency, the user should inform the competent local authorities on the immediate plans to continue, according to the same one, while present is done the personnel properly qualified to control this type of events.
I ARTICULATE 372. Contingency Plans obligation. Without damage of the faculty of the agency of competent basin to establish other cases, who explore, exploit, they manufacture, they refine, they transform, they process, they collect, they transport, or they store hydrocarbons or dangerous substances that can be harmful for the health, the renewable natural resources or the environment, they should be provided of a plan of contingency that contemplate all the system of security, prevention, organization of answer, teams, personal qualified and budget forThe prevention and control of vertimientos and repair of damages, that should be presented al agency of competent basin for their approval.
I SURRENDER II
FOR SUBTERRANEAN WATER
I ARTICULATE 373. Contamination sources inventory. The agency of competent basin will do an existing subterranean water contamination sources inventory, such as the tanks of storage, chemical substances, alcantarillados and other that thus consider. In every case the authority should require al responsible, the monitoring systems construction to evaluate the degree of contamination of the acuífero subterranean, and if exists, to set the measures of protection and mitigación required.
I ARTICULATE 374. Plan of Contingency of responsible for Activities of Risk for Acuíferos Subterranean.- The responsible for activities such as sanitary backfill and of disposition of dangerous, liquid, and solid residues in the floor or in the subsoil, as well as the storage of liquid and solid substances that can originate contamination, they should present al agency of competent basin the plan of contingency and of mitigación corresponding, for their approval.
PARAGRAFO 1o. In the areas where disposition of dangerous, liquid, and solid residues in the floor occur or in the subsoil, the head should carry out monitoring of the subterranean water, which will be executed according to a project approved by the agency of competent basin and should contain among others, the following aspects:
To.location and constructive details of the system of monitoring.
B.the form of sampling, frequency, parameters to to be observed and methods of analysis.
c.depth of the phreatic level, direction of the possible and subterranean flow interconnections with other
Units acuíferas.
The responsible one for those activities should present a report before the agency of competent basin on the data of the monitoring with the periodicidad that this determine.
PARAGRAFO 2o. If to occur alterations verified, with relation to the natural parameters of quality of water in the wells or similar works down the water, the responsible one for it should execute the necessary works for its mitigación and correction or to eliminate the source of contamination, in a reasonable time limit determined by the agency of competent basin, according to the circumstances.
I ARTICULATE 375. Samplings and Inspections of Control.- The agency of competent basin will be able to carry out samplings or periodic inspections when consider it necessary in the subterranean water collecting wells.
I ARTICULATE 376. Every work, industry or activity that possess tanks buried and of conduction of fuels and dangerous substances should present al agency of competent basin a technical relation detailed of the measures of protection taken against subterranean leaks of substances contaminants, impermeabilización of the adjacent land and monitoring systems installation.
REGULAR XII
OF THE CAUTION, VERIFICATION AND
CONTROL OF THE FULFILLMENT OF THE NORMS
OF QUALITY AND OF VERTIMIENTO
I SURRENDER I
FOR SUPERFICIAL WATER
I ARTICULATE 377. Caution, Verification and Control. It corresponds to the agency of competent basin to exercise the caution, the verification and the control of the fulfillment of the dispositions of the present Decree and its regulation dispositions and to take, when be of the case, the measures of prevention and correction that be necessary.
I ARTICULATE 378. Obligation to give Notice on Change of State of Vertimientos.- Every user that require permission of vertimiento should give notice to the agency of competent basin, when himself present some of the following situations:
1. Need to suspend in partial or total form a system of control of vertimientos, for the periodic routine maintenance that last more than twenty-four (24) hours. Notice with a not smaller anticipation of ten should be given (10) days.
2. You fail in the systems of control of vertimientos whose repair require more than twenty-four (24) hours. In this case will be reported immediately and inside the seventy-two (72) following hours, and the report of the facts will be presented in writing and the plan of contingency adopted.
3. Emergencies or accidents that imply substantial changes in the quality or quantity of the vertimiento; in these cases will proceed in the form indicated in the ordinal previous.
I ARTICULATE 379. Notice of Incidents on Vertimientos in the Network of Alcantarillado.- The whose users vertimientos be connected to an alcantarillado provided of plant of liquid residues, they should give notice to the agency of competent basin, to the environmental authority of the Great Urban Center and to the ESP responsible for the installment of the service of alcantarillado in the municipality or district, when with a vertimiento occasional or accidental they can damage their operation, according to it specified in the I articulate previous.
I ARTICULATE 380. Occasional request of Characterization of Poured.- When the agency of competent basin require it, the user should characterize its vertimientos and to report the results with a frequency that will be specific in each case.
PARAGRAFO. The agency of competent basin will be reserved the right to carry out the characterization in the cases that thus they deserve it, for which will be able to do it directly or to hire the installment of this service.
I ARTICULATE 381. Endorsement of Characterizations of Poured.- The characterizations of the liquid residues that feel the users should be performed for laboratories properly registered before the IDEAM or before the agency of competent basin, which will be able to define the terms and requisite for such effect. Likewise, the agency of competent basin will carry out control of analytic quality to the laboratories that lend you said services, for which will be able to request the support of the IDEAM.
I ARTICULATE 382. Locating of works, Industries or Activities. From the force of this Decree no municipality or district will be able to authorize the establishment or installation of a work, industry or generating activity of contaminants of the water, in different zones of the paymasters for industrial uses in the territory of its jurisdiction.
The works, industries or activities contaminants of the water, that, to the date of expedition of this Decree, they be established or they operate in zones not paymasters for industrial use, or in zones whose main use be not compatible with the development of industrial activities, they will arrange of a term of six (6) years, cash from their force, to transfer their installations to an industrial park, I am grief of cancellation ofLicense or permission of operation and of the final revocation of the environmental license and of the permission, concessions or authorizations that it hubieren been conferred by the environmental authorities, without damage of the imposition of the fines and other sanctions predicted by the law and the regulations.
The municipalities and districts, inside the time limit set, will dictate the norms of zonificación and use of the floor and will offer the necessary facilities to perform, in the better possible way, the relocalización of the works, industries or activities, that treats this I articulate.
I ARTICULATE 383. Of the Programs of Reduction of the Contamination - Bodies of Water (or of part of them) with Sectors of High Contamination. In order to advancing programs located of reduction of the water contamination, the Department of the Environment, in coordination with the regional environmental authorities, will be able to classify like sectors of high contamination, part of a body of water or its totality, according to the quantity and characteristics of the vertimientos and the contaminants concentration degree in the water.
In said classification the limits will be established of vertimiento of contaminants established for the works, industries or activities that operate in the immediate areas to each one of them, the rank or index of reduction of vertimientos or you unload established for said sources and the term or time limit that these arrange to perform the respective reduction.
PARAGRAFO 1o. The classification of a sector of high contamination does not exempt the agents contaminadores located in the immediacies of the same one, of the sanctions that proceed for the infraction to the norms of vertimiento that they be them applicable
PARAGRAFO 2o. In the respected sectors of high contamination, without damage of the program of reduction of vertimientos, they will be able to be adopted criteria of compensation of vertimientos for the contamination of new sources establishment, when there be you improve local, verified and maintained, in the level of quality of the water and provided that the compensation of vertimientos affect not the program of corresponding reduction.
I ARTICULATE 384. Teams of Measurement and Monitors of Monitoring of the Norms of Vertimiento. The Department of the Environment will establish, by general way, the works, industries or activities that, by their high incident in the contamination of the water, they should count on stations of control and teams of own measurement to perform, by means of monitors, the constant monitoring of the water contamination caused by their vertimientos. The results of such measurements should be available to the agency of competent basin for their control.
The environmental authorities will be able to require, to the agents contaminadores obliged the obtaining of permission of vertimiento and of the reports of state of vertimiento (IEV-2) , The periodic presentation of the results of the samplings of monitoring and monitoring of their vertimientos.
In the Plans of Reconversion to Clean Technology that they be celebrated with agents contaminadores, will be able to impose on these by the agency of competent basin, attending to its incident in the contamination of the water, the measurement teams arranging obligation and monitoring of the phenomena contaminants that the activity or corresponding industry cause. ( ANIMAL)
I ARTICULATE 385. Verification of the Fulfillment of Norms of Vertimiento. For the verification of the fulfillment of the norms of vertimiento by a work, industry or activity, the measurements of the discharges will be done that these carry out in their normal operation by means of some of the following procedures:
Direct to.measurement, by sampling in the place of the discharge or vertimiento;
B.model of Simulation of the Quality of the bodies of water;
C.balance of masses;
D.Bioensayos; and
And.factors of discharge.
(Note: should be incorporated here or al principle of the Decree the definitions of these concepts. Pending point to the wait of technical concept of the IDEAM)
I ARTICULATE 386. You visit of Verification of Vertimientos. The works, industries or activities, generators of vertimientos contaminants of the water, they will be able to be visited in any moment on the part of officials of the agency of competent basin, or by the auditors to who the technical function of verification have them been confident, which al moment of the visit they will be identified with their respective credentials, in order to take you show and to inspect the works, the productive systems, those of collectingAnd those of control of vertimientos.
PARAGRAFO 1o. The reluctance on the part of the responsible users, to such inspections, will give rise to the application of the pertinent sanctions.
PARAGRAFO 2o. The agency of competent basin will be able to request to any user when consider it necessary, a sample of the commodities or other employed supplies, for effects that that carry out biological and physical-chemical analysis.
PARAGRAFO 3o. The users that require permission of vertimiento should count on adequate places for it takes of samples and capacity of the same.
PARAGRAFO 4o. The environmental authorities will be able to hire with individuals the verification of the factors of contamination when not dispusieren of the personnel or of the technical instruments to carry out the technical inspections or the analyses of laboratory required. The costs of the verifications and technical analysis will be of charge of the agents contaminadores to who the inspection is done or the verification.
I ARTICULATE 387. Information of the Result of Verifications. When it want that the agency of competent basin carry out evaluation or sampling of the vertimientos to verify the fulfillment of the norms of vertimiento, should report of the results obtained to the responsible for the sources of contamination, or to any person that request her.
I ARTICULATE 388. Registrations of the System of Control of Vertimientos. The responsible for works, industries or activities that have system of control of vertimientos, they should carry a registration of operation and maintenance of the same one. The competent authority will be able to revise it in any moment and to request modifications or additions.
I ARTICULATE 389. Technical aid and Information. The Regional Autonomous Corporations and the large urban centers, they will offer technical aid and information to assess and to inform small and medium agents contaminadores, in the aspects related to reconversion to clean technologies and controls al final of the process, regulatory nature in force and other aspects that improve the level of information on the legal and technical mechanisms of control of the contamination of the water.
I SURRENDER II
FOR SUBTERRANEAN WATER
I ARTICULATE 390. Obligations of the Dealer.- To maintain the wells in optimum conditions of production and of quality, the holder of the concession of subterranean water should carry out periodic inspection and maintenance each time that its useful life be required to prolong and to avoid unnecessary construction of new wells.
I ARTICULATE 391. Obligation of Sellamiento.- Every holder of a concession of subterranean water should seal owed and opportunely the wells finished, drillings, excavations and collectings of subterranean water that by any motive be inactive or abandoned, subject to concept of the agency of competent basin.
PARAGRAFO . The agency of competent basin will be able to arrange and to adapt wells abandoned for the periodic measure of levels of the water.
I ARTICULATE 392. Operation State control.-The holder of the concession of subterranean water should do an adequate control of the state of operation of the teams of extraction of the subterranean water that are lubricated with oil, to avoid the contamination of the acuíferos and of the wells. This activity will be able to be verified by the agency of competent basin.
I ARTICULATE 393. Technical maintenance of the Meter of Volumes Extracted.- The holder of a concession of subterranean water should give him technical maintenance al bookkeeper of volume that guarantee its operation and to report to the agency of competent basin the volumes accumulated, with the periodicidad determined by this, for which the officials will be able to verify the readings obtained and the fulfillment of the concession offered.
I ARTICULATE 394. Studies Hidrogeológicos.- The agency of competent basin should promote and to carry out the studies hidrogeológicos of its respective areas of jurisdiction to establish a management and adequate control of the subterranean water.
I ARTICULATE 395. Bases of Data.- The agency of competent basin should design and to structure systems of information and bases of compatible data with the National Bank of Data Hidrogeológicos, that for such effect structure the IDEAM.
( Note: SLOPE to examine with the IDEAM the characteristics of the bank of data that is mentioned in this article).
I ARTICULATE 396. Annual evaluation of the Subterranean Water Balance.-The agency of competent basin should evaluate annually, by means of the subterranean water balance, the rate average of recarga of the acuífero in order to count on the adequate technical tools to establish a maximum limit of exploitation, to avoid its exhaustion and the deterioration of the quality of the water.
I ARTICULATE 397. You visit Periodic.- The agency of competent basin should establish a control on all the aprovechamientos of subterranean water, by means of you visit periodic to the grounds in which wells be found perforated and in operation.
I ARTICULATE 398. Regional network of Monitoring of Wells.- For the aprovechamiento rational of the subterranean water, the agency of competent basin should establish a wells monitoring network to measure levels of the water, aforar abundant and to take samples of water, for the purpose of:
To.establish the behavior of the acuífero with regard to the extraction to that is being submitted.
B.establish the quality of the water for the different uses and its evolution with the time.
PARAGRAFO. For the monitoring of the aprovechamiento of the wells, the holder of the concession of subterranean water should install adequate systems of measurement, as devices of capacity and metallic or plastic tubings of small diameter that permit a correct reading of the levels of water, as well as the adequate devices for it takes of samples of water.
I ARTICULATE 399. Restrictions to the Extraction of Subterranean Water that Affect a Spring of Superficial Water.-The agency of competent basin will be able to restrict the state of operation of the well or to prohibit its aprovechamiento, when be verified that a collecting of subterranean water is affecting to a spring or superficial source,
I ARTICULATE 400. Preventive measures .-For the protection against the contamination of the subterranean water resource, the agency of competent basin should carry out regional studies in the area of its jurisdiction that understand, zonificación of the floor, depth of characteristic and phreatic levels estratigráficas and hydraulics of the zone done not saturate, which constitutes the natural protection of the acuífero against the load imposed contaminant.
Based on these parameters the agency of competent basin should define zones of protection, according to the contamination vulnerability degrees of the acuífero, zones of recarga, zones of low asimilación and of high collecting of subterranean water.
PARAGRAFO. The agency of competent basin should establish, based on the previous information, areas of special protection around springs and wells of public provision, production and prosecution of food, medicines, cosmetic and additives, among others.
I ARTICULATE 401. Activities of High Risk.- The agency of competent basin will not authorize activities with high risk of contamination of the subterranean water or to hold them to modifications of design and to careful demands of monitoring.
I ARTICULATE 402. Mitigación of Effects of Agroquímicos.- In zones of agricultural cultivations, should be minimized the utilization of fertilizers and plaguicidas, subject to study carried out by the Department of the Environment in consultation with the Department of Agriculture, to avoid the infiltration of liquid residues that can contaminate the subterranean water.
I ARTICULATE 403. Economy and Efficient Use of the Water in Irrigation for Zones of Cultivation.- The agency of competent basin should promote the efficient use of the superficial and subterranean water in zones of intensive agricultural cultivation, in order to avoiding the irrational use of the resource and its contamination, product of inadequate practices of irrigation that can produce lixiviados originating in nutrientes and plaguicidas.
I ARTICULATE 404.- Requisite for Cemeteries.- The agency of competent basin should control that in all the cemeteries be waterproofed totally the tombs or build systems of whose drainage efluentes should be treaties before their vertimiento.
I ARTICULATE 405. Other Requirements.- In order to preventing the contamination or deterioration of subterranean water on account of activities that do not consider object the aprovechamiento of said water, such as the exploitation of mines and quarries, works of drainage, birth of petroleum, gases or hydrocarbons, establishment of cemeteries, deposits of trash or of material contaminants, the agency of competent basin will establish in the resolutions that offer environmental licenses, concessions, permission and authorizations relatedWith each type of activity, the obligations related to the preservation of the subterranean water resource.
I ARTICULATE 406. Notice on Birth of Acuíferos Explotables in Petroleum and Mining Activities.-Natural or legal every person, public or private, that al to carry out studies or mining or oil explorations or with any another purpose, found levels acuíferos of importance for its aprovechamiento, is obliged to give notice in writing and immediate to the agency of competent basin and to provide the technical information that arrange.
For the supply of the information that treats this article the one that light subterranean water in the events here contemplated will arrange of ten (10) days to do it, I am grief to incur in successive fines by each day of delay.
I ARTICULATE 407. Impermeabilización of Works and Ductos conductive of Residual Water.-The works or structures hydraulics and the ductos for the management and residual industrial or domestic conduction of water they should be waterproofed to avoid the contamination of the subterranean water especially in the zones where exist or wells for public provision are projected.
REGULAR XIII
REGISTRATION OF WATER, CENSUS
And REPRESENTATION CARTOGRÁFICA
I SURRENDER UNIQUE
BASE OF DATA AND CARTOGRAFÍA
I ARTICULATE 408. Registration of Water (and of Concessions, Permission and Authorizations). - The agency of competent basin will organize and will carry al day a registration in which will be recorded:
To.the concessions offered for use of subterranean, superficial, and public water, classified by separated;
B.the permission and authorizations for occupation and exploitation of river bed, beds, beaches, and of the stripe river dweller to that refers the I articulate 83, literal d, of the Decree-Law 2811 of 1974;
C.the permission for exploration of subterranean water;
D.the permission for vertimientos;
And.the traspasos of concessions and permission;
F.the administrative providences that approve the designs of the works hydraulics and private, and they authorize their operation;
G.the informations on private water that be obtained of the census to that refers the I articulate 65 of the Decree-Law 2811 of 1974;
H.the others that the agency of competent basin consider convenient or necessary for the adequate ordering of the hydrographic basins to their charge.
Paragrafo.- The Department of the Environment will devise a standard methodology of the national system of registration of water and will send off it through administrative resolution so that be equal in all the national territory.
I ARTICULATE 409. Owing of Contribution of the Territorial Companies .-The companies of the national, departmental, regional or municipal order that utilize public water or its river bed, they should supply the information that be requested them on destinations or use, distribution and other data that be necessary for the registration and census, as well as for the lifting of inventories and the representation cartográfica.
PARAGRAFO 1o. The registration will be organized by tertiary hydrographic basins, sub-basins (primary or secondary) or microcuencas. The Registration of the primary Basins will carry it the Department of the Environment, or will be able to delegate it for segments of the basin in the Regional Autonomous Corporations or of Sustainable Development to the ones that the jurisdiction by sections correspond them.
PARAGRAFO 2o. I enclose al registration will be carried an outright file.
I ARTICULATE 410. Autodeclaración of Water for the end of the Census.- Inside the term established by this statute to do the autodeclaración of exploitation of water with end of legalization and for the purposes of the census to that refers the I articulate 65 of the Decree-Law 2811 of 1974, the private property water holders should do a statement with the following requirements:
A. Name, surname and residence;
B. It copies authentic of the title of property of the real estate where the water are found;
c. Flat of the ground in which the uses of the water be indicated, place of derivation or collecting and return al original river bed;
D. Approximate calculation of the volume that consumes, in liters by second, and surface watered, if is the case;
E. Design of the works of collecting, derivation and use, that should be approved for the agency of competent basin, when be a matter of different uses al domestic.
I ARTICULATE 411. Representation cartográfica. The Geographical Institute "Agustín Codazzi", IGAC, will raise the representation cartográfica of the superficial water resource of the Nation.
The Regional Autonomous Corporations and of Sustainable Development, with the support of the IGAC and of the IDEAM, they will do the lifting cartográfico detailed of each one of the sub-basins under their jurisdiction. Likewise the graphic lifting corresponds them hidromorfológico and hidrogeológicos of the acuíferos subterranean in exploitation or of those on the ones that intend to authorize concessions.
REGULAR XIV
MARITIME WATER
I SURRENDER UNIQUE
OF THE PROTECTION OF THE MARINE MIDDLE
And OF ITS WATER
I ARTICULATE 412.- National Marine Water- Definition.- It will be understood that are Colombian water, for all the effects of this statute, the territorial sea, the exclusive economic zone and the continental platform.
I ARTICULATE 413.- Applicable Legal State.- In matter of protection of the marine middle, of its water, coasts and beaches and of its alive resources will govern above all the contained dispositions in the treaties and international conventions to which have adhered Colombia.
Especially, in matter of maritime water and beaches, and of its Natural resources will be to the arranged thing in it Splits XII of the Convention of the United Nations on the Right of the Sea, ratified by Colombia November 16, 1994.
I ARTICULATE 414.- you Owe of the Environmental Authorities in relation to the Marine Middle.- It is to owe of the agencies of basin with jurisdiction on the seaboards to watch for the preservation of the marine middle and of its natural resources, to protect them of every action environmentally deteriorante or harmful and to include in its hydrologic plans the programs that be necessary for the preservation of you said resources and for that of the ones that are found in the interfase water salty sweet/water in the coastal swampy systems.
I ARTICULATE 415.- Competences of the Department of the Environment in relation to the Marine Middle.- It corresponds al Department of the Environment, subject to study of the INVEMAR, in I associate with the DIMAR and the IDEAM, to dictate measures and standard for the following special end:
A. to Prevent, to control, to diminish, to mitigate or to eliminate, in the possible thing, the toxic, damaging or harmful evacuation of substances in the marine middle, especially those of persistent character, terrestrial from sources, since the atmosphere or through her, or by vertimientos;
B. Preventing, to control, to diminish, to mitigate or to eliminate, as soon as fuere possible, the contamination caused by ships, including particularly measures to prevent accidents and to face cases of emergency, to guarantee the security of the operations in the sea, to prevent the evacuation intencional or not of contaminants in the water of the sea and to regulate the characteristics, the design, the construction, the team, the operation and the endowment of the ships, ofthat they be environmentally admissible in their navigation by Colombian territorial water and by their hereditary sea;
C. Controlling, to diminish, to mitigate or to eliminate, as soon as fuere possible, the contamination originating from installations and devices used in the exploration or exploitation of the marine natural resources and their subsoil, and especially that of hydrocarbons, including measures to prevent accidents and to face cases of emergency, to guarantee the security of the operations in the sea and to regulate the design, the construction, the team, the operation and the endowment ofsuch installations so that affect not the natural middle of the sea, its species I you live and its terrestrial environment;
D. to Control, to diminish, to mitigate or to eliminate, as soon as fuere possible, the contamination originating in other installations and devices that function in the marine middle including measures to prevent accidents and to face cases of emergency, to guarantee the security of the operations in the sea and to regulate the design, the construction, the team, the operation and the endowment of such installations;
And to Dictate the norms and to adopt the necessary measures for the protection of the vulnerable coastal ecosystems, such as the estuarinos, the marshes of interfase water salty sweet/water, the natural reserves of manglares and choir, as well as the habitat of the species and other marine forms of life decimated, threatened or in danger.
F. to Prevent, to reduce or to control the contamination of the water of the sea and their ecosystems and species I you live, especially originating from ships, docked or in traffic, of industries that pour directly its water al sea, of urban centers that throw its residual water in the marine water and of all another direct or indirect form of contamination of the marine water and their middleEnvironment.
G. to Avoid the introduction of strange species in the marine middle or the biological or genetic alteration of its native species that can break with the natural equilibrium of the ecosystems of the sea.
Parágrafo.- For the expedition of the national standards in relation to the marine middle the environmental authorities will resort to the scientific experience and to the international practice and the bosses of quality they will be will base on and existing environmental control in the most advanced nations and with greater availability of data and information on the marine middle.
I ARTICULATE 416.- Principle of the Not Transfer or Transformation of a Damage Contaminant.- The agency of competent basin will watch because the measures to prevent, to reduce or to control the contamination they transfer not damages or dangers of an area to another or transform a form or type of contamination in another.
I ARTICULATE 417.- Application of Guidelines and Special of the Statute of Water al Medium Marine.- All the contained norms in this statute as for vertimientos, goals of quality, industrial utilization of clean technologies or conversion to these, protection of river bed, margins beaches and banks, servants, and concessions, permission and authorizations, plans of emergency and in general all another disposition related to continental superficial or subterranean water, they will be applicable al medium marine and to their water, as soon as they fight not with their nature neither with theNatural vocation of their uses.
I ARTICULATE 418.- Forecasts and Programs on the Marine Middle in the Hydrologic Plans .- In the national hydrologic plan and in the plans of the primary or large basins basins, that pour directly their water al sea, the Department of the Environment and other competent environmental authorities will establish in a special way norms and programs tending toward diminishing the contamination of the marine middle originating from terrestrial sources. Those parameters should serve of framework of the hydrologic plans of the sub-basins and micro-basins and especially of the affluent that more substances contaminants pour to the Colombian territorial maritime water.
I ARTICULATE 419.- Regulatory Competences of the Department of the Environment on Marine Contamination by Terrestrial Sources .-Corresponds al Department of the Environment, in relation to the contamination of the marine middle originating in terrestrial sources:
1. Dictating the norms and standard that they will keep in mind themselves to prevent, to reduce and to control the contamination of the marine middle originating in terrestrial sources, included the rivers, estuaries, tubings, and structures of draining, keeping in mind the rules and standard, as well as the practices and procedures recommended, that they have themselves agreed internationally.
2. Harmonizing the national environmental politics in relation to the sea, with those of the region of the Caribbean and of the Pacific and with the neighboring countries.
3. Coordinating to all the agencies of basin that have jurisdiction on the Colombian seaboards so that in their hydrologic plans and in their programs of action establish politics and they adopt norms and measures to diminish the marine contamination originating from terrestrial sources.
I ARTICULATE 420.- Ships Navigation Prohibition with Toxic Waste by National Water .-It remains prohibited to sail in territorial or hereditary water Colombians to every ship that transportation toxic waste. The Armed National one will do immediately to leave of the Colombian territorial water, even by means of the force, to any ship that sail in Colombian water in infraction of this prohibition, any that they be their flag.
I ARTICULATE 421.- Regulation on Maritime Islands of the Nation.- The Department of the Environment and the regular competent environmental authorities, with subjection to the norms of the Civil Code, of the Decree Law 2811 of 1974 and of this statute, all the environmental aspects related to the maritime islands of the nation and with the use of its floor and subsoil and the aprovechamiento of its marine environment.
I ARTICULATE 422.- Regulations on Maritime Fishing .-In matter of fishing in Colombian water they will govern the applicable special norms and the ones that result of treaties and international covenants to the ones that have adhered Colombia.
I ARTICULATE 423.- Vertimientos of Punctual Sources al Sea or of Maritime Mobile Sources.- They will not be able to be done vertimientos done not authorize in marine water, I be that they originate of terrestrial punctual or dispersed sources, or of ships or mobile sources. The ships that do vertimientos in violation of the national standards while they sail in Colombian water they will be subject to the sanctions and pecuniary griefs established by the law and the regulations.
The control corresponds of the vertimientos punctual and dispersed in the sea to each one of the competent environmental authorities that they have jurisdiction on some portion of the Colombian seaboards.
The control of the vertimientos of the mobile sources in the water of the sea, as them originated by ships and ships, that navigate Colombian water or that dock in port, will be in charge of the Maritime Direction and Harbor-DIMAR, of the Department of Defense, through the headquarters of port or of the military authority that do patrullaje of the Colombian water. The sanctions that be imposed for violation to the standards of vertimientos will be substantiated by the headquarters of port of the DIMAR and taxes by the agency of basin or of competent seaboard in the territory al that correspond. It will not be able to be authorized zarpar of Colombian port to any ship that have not paid the imposed fines by the environmental authorities of any order, by violation to the norms on poured in the marine middle.
I ARTICULATE 424.- Environmental Technical Regulation of Ships with National Building .-The Department of the Environment will regulate, with the support of the DIMAR and the INVEMAR, the environmental and technical characteristics of the ships that raise the national building or that register in the territory of Colombia. The granting of a registration or registration to any ship for their maritime navigation will be I subject al fulfillment of those requirements and technical characteristics.
I ARTICULATE 425.- Applicable Environmental regulatory Nature to Foreign Ships .- To the national environmental norms on vertimientos and contamination in the marine middle will be subjects all the ships with foreign flag that navigate Colombian water, still those that they exercise the in transit innocent right. The national standards will be will base on international bosses commonly admitted or already established by other States and normally exigibles by the international community.
I ARTICULATE 426.- Restrictions al Traffic of Ships by Reasons of Environmental Protection .-Any restriction al free traffic of ships by Colombian water for the protection of some ecosystem especially should be done according to the general rules of the Convention of theUnited nations on the Right of the Sea and to the international notifications that there are established, especially by the aside 6o. Of the article 211 of it cited Convention.
I ARTICULATE 427.- Permission Concessions and Authorizations for Research, Exploration and Exploitation of Natural Resources in the Marine Middle .-The Research, exploration and exploitation of the renewable natural resources and not renewable that they be found in the marine middle, in its fund or in its subsoil, they will be you hold al granting of the corresponding environmental license and of the permission, concessions and authorizations that fueren of the case.
REGULAR XV
COMMON DISPOSITIONS
I ARTICULATE 428. Environmental license. For the works, industries or activities that require environmental license in agreement al Decree 1753 of 1994, the permission, concessions or authorizations, that treats the present Decree, they will be offered in a simultaneous way with the environmental license.
I ARTICULATE 429. Permission, Concessions or Group or Collective Authorizations. It will be able to be offered permission, concession or collective authorization to the associations, agremiaciones or groups of small and medium businessmen, or groups of dwellings, that jointly they request it and that they gather the following common characteristics:
A. That they operate in a same and specific geographical area, according to it established in the present Decree, and they produce jointly a cumulative environmental impact;
B. That they carry out the same activity extractiva or productive, or equal industrial process;
C. That they utilize the same commodities and they generate vertimientos similar al water.
Nevertheless the collective character of the permission, concession or authorization, the fulfillment of the obligations, terms and conditions, in them established, will be individual responsibility and separated of each one of the agents contaminadores, beneficiaries or regular of the permission, concession or authorization and the sanctions derived from the breach, or of the commission of infractions, they will affect only al respective offender, unless be a matter of obligations that should they be compliedOf the beneficiaries in their assembly or in a supportive way.
I ARTICULATE 430. Common dispositions to concessions, permission or authorizations. The following dispositions are common for effects of the procedure and granting of concessions, permission or authorizations:
A. To so much itself they have not offered the permission, concessions or authorizations, to that refers the present Decree, will not be able to initiate the execution of the work, industry or activity, subject to the granting of the environmental license in the cases predicted by the law. Such permission, concessions or authorizations will be able to be obtained like part of the environmental license or of way separated, in the other cases predicted by the law and the regulations.
B. Itself they will not be required al solicitante but those requirements and informations that be pertinent, attending to the nature of the industry, work or activity for which the concession is requested, permission or authorization. When the agency of competent basin possess the information required to advance the procedure of granting or of renewal of the concession, permission or authorization, it will not require as requisite al solicitante.
C. The agency of competent basin should keep the confidentiality of the information that have been patentada to protect the rights of industrial property, supplied by the solicitantes of the concessions, permission or authorizations, when that request it.
D. When the concessions be dealt with, permission or authorizations, to that refers the present Decree, as part of an environmental license, they will continue the terms and procedures for the procedure and expedition of the license.
If various permission, concessions or authorizations, are dealt with simultaneously for a same project, work or activity, will continue for all the same procedure and they will be dealt with jointly in the same expedient, when its procedures and time limit be equals and provided that thus request it the interested.
E. The information presented by the solicitante, for the procedure of the concessions, permission or authorizations to that refers the present Decree, should be veraz and trustworthy and is its should affirm that thus does it, under the gravity of the oath that will be understood lent by the alone presentation of the request.
I ARTICULATE 431. Rights of Procedure and Granting of the permission, concessions or authorizations. The right tarifarios by the procedure and granting of the permission, concessions or authorizations, to that refers the present Decree, they will be them established by the law.
The value of the procedure of the concession, permission or authorization, be that these be offered or not, should be canceled for the interested al agency of competent basin, before the notification, with the warning that its payment is condition so that the act can produce effects.
I ARTICULATE 432. Transfer. So much during the phase of granting, as during the force of the permission, concessions or authorizations, to that refers the present Decree, the solicitante or the holder of the same will be able to yield other persons its rights and obligations, but that act only will have effects once have communicated explicitly the transfer to the agency of competent basin. The cedente should add al written in which communicates the transfer, skillful copy of the act or contract in which the transfer has origin.
The cesionario substitutes in all the rights and obligations al solicitante or al regular cedente of the permission, concessions or authorizations.
I ARTICULATE 433. Commercialization of Quotas. The Department of the Environment will be able to regulate the mechanisms of commercial transfer of volumes consumption quotas or of vertimientos.
I ARTICULATE 434. Suspension or revocation. Besides it it predicted in the present Decree on preventive measures and sanctions, the permission, concessions or authorizations, they will be able to be suspended or revoked, by means of resolution motivated, supported in technical concept, according to the gravity of the circumstances that be appreciated, by the same environmental authority that offered it, in the following cases:
A) The suspension of the permission, concessions or authorizations will be able to be imposed like sanction, or as measure of precaution, to face some episode, in the following cases:
1. When the holder of the permission, concessions or authorizations have broken any of the terms, conditions, obligations and demands inherent in them, consecrated in the law, the regulations or in the resolution of granting;
2. When it mediate request of the Department of the Environment, in development of his competence of evaluation and control, according to the numeral 16 of the I articulate 5 of the Law 99 of 1993.
3. In the cases of declamatory of the Level of Emergency.
In the act that order the suspension will be indicated the term of duration of the same one.
B) The revocation will proceed:
1. When the holder have broken the obligations, terms and conditions of the permission, concession or authorization and incurred in the aggravating circumstances that treats the I articulate 474 of this Decree, or when there be committed falsehood, fraud or serious inaccuracy in the documentation or environmental information supplied to the environmental authorities.
2. When the holder of a permission, concession or authorization suspended, by any cause, I violated the obligations and imposed restrictions by the act that orders the suspension.
3. When by environmental reasons of special gravity or by a serious and permanent one threatens to the human health, be finally impossible to permit that it continue the activity for which the permission has been offered, concession or authorization.
4. When cease finally the responsible activity of the vertimiento.
PARAGRAFO. In the cases in which the suspension or the revocation be imposed like sanction by the commission of infractions, previously to the expedition of the act that contain the measure, will run transfer al presumed offender by the term of five (5) days, so that yield descargos.
I ARTICULATE 435. Modification. The permission, concessions or authorizations will be able to be modified total or partially by the same environmental authority that offered them, in the following cases:
1. In a unilateral way, when by any cause they have changed in a substantial way the circumstances and motives in fact and of right kept in mind al moment to offer them.
2. To request of its holder, during the time of its force, in consideration to the variation of the conditions of environmental effect of the work, industry or activity authorized, that had been you considered al moment to offer the permission, concessions or authorizations.
Being trying the permission of vertimiento, when in an industrial process changes in the commodities be introduced utilized that the permission protects or authorizes, is obligatory for the holder of the permission to request its modification, I am grief that be suspended or revoked by the agency of competent basin.
The permission, concessions or authorizations, by being permission of police related to the exercise of activities restricted by reasons of public order, not to create straight in head of their respective holder, so that their modification or suspension, will be able to be ordered by the competent environmental authorities when circumstances arise that alter substantially those that were kept in mind to offer it, or that they deserve the statement of the level of emergency.
I ARTICULATE 436. Procedure of Renewal of the permission, concessions or authorizations. The renewal of a permission, concession or authorization, will be supplied before the agency of competent basin, with a not lower advance to sixty (60) days of the date of expiration of the term of its force, or to the third part of the term of the permission, concession or authorization, if its force fuere lower to sixty (60) days.
The agency of competent basin based on the contained reports in the form IEV2 , if it is a matter of the permission of vertimiento, or in the request, inside the ten (10) following days to its presentation, will be able to require complementary information al petitionary before offering the renewal and to verify, by means of visits technical, that will be practiced inside the fifteen (15) following days, if the initial conditions of the permission they have completed themselves, concession or authorization offered, or if its addition with new demands is required,To significant variations in the conditions initially offered, and to the norms and standard in force.
If it presented the request, or close person the additional information requested, or practiced the visit, there be not observations, the permission, concession or authorization will be renewed for a new term, equal al initial. If the agency of basin tuviere observations that to formulate, will communicate them al solicitante so that this respond them in the term of ten (10) days, conquered which, will decide finally on the renewal of the permission, concession or authorization.
If they elapsed ninety (90) days after the expiration of the term of force of a permission, whose renewal there be been opportunely requested, the agency of competent basin there be not notified al not a single solicitante decision on its request, the permission, concession or authorization will be understood renewed by an equal term al initial, without damage of the attributions of the authority to revoke it, to suspend it or to modify it, in the cases predicted by theThe regulations, neither of the sanctions to the responsible officials by its negligence or I retard in the procedure of the administrative procedure.
I ARTICULATE 437. Denial of the renewal of the permission, concession or authorization. The renewal of the permission, concessions or authorizations will be denied if I mediated the occurrence of some of the events predicted in the numerales 1, 2, 3 and 4 of the literal one B) of the I articulate 451 of the present Decree.
I ARTICULATE 438. Obligations of the solicitantes. Every solicitante that be found in the phase of granting of the permission, concessions or authorizations, assumes by virtue of its petition, the following obligations:
A. to Devise directly or by means of contract with another natural or legal person the technical-economic studies, designs, systems, plans according to the methodology that establish the agency of competent basin.
B. Supplying al agency of competent basin the complete and certain information on the requirements required in the request and other documentation, that for such effects the agency of competent basin require it.
C. to Respond for the damages derived from the breach of the terms, requisite, conditions, demands and obligations indicated in the permission, concessions or authorizations prescribed in the present statute.
D. Responding supportive with the natural or legal person that have elaborated and/or built the designs, systems and works established in the permission, concessions or authorizations stipulated in the present Decree, for all the legal effects and especially by the damages and damages that come be produced, by the inaccuracy and lack of truth of the informations that were kept in mind for their preparation, without damage of the measures orAdministrative sanctions that can impose the agency of competent basin and of the exercise of the penal and civil actions to that there be place.
E. to Subscribe the designs, flat, systems, plans, technical-economic studies jointly with the natural or legal person that have them elaborated or with the engineers that should they vouch for in the cases in which their intervention is required.
I ARTICULATE 439. Notification and Publicity. All the final acts relating to permission, concessions or authorizations, such as the ones that offer them, suspend, revoke, modify or renew, are submitted al same procedure of notification and consecrated publicity in the I articulate 71 of the Law 99 of 1993.
REGULAR XVI
STATE OF TRANSITION
I SURRENDER I
OF THE PERMISSION OF VERTIMIENTO FOR WORKS,
INDUSTRIES OR EXISTING ACTIVITIES
I ARTICULATE 440. Surrender of Reports on States of Vertimiento.- Opportunity and Requisite. Inside the six (6) following months to the expedition of the present Decree, all the works, industries or existing activities in the national territory, that carry out vertimientos of contaminants al water or capable activities to generate them, submitted to control by the regulations, and that they require permission of vertimiento, they should present before the agency of competent basin a statement that “Report of State will be called of Vertimientos” (IEV-2), which it should contain, when less, the following thing:
A. The basic information, related to the locating, type of activity, legal personality, legal representation and other aspects that permit to identify the source contaminant;
B. The supplies and other commodities used, its proveniencia, quantity, form of storage;
C. The information on quantity of goods or services produced, technology utilized, and of the controls for the vertimiento of contaminants al water;
D. If it has, or not, permission in force for the vertimiento of contaminants al water, sent off by the competent authority, before to the force of this Decree and, in affirmative case, the term of force and the basic conditions of the vertimiento authorized;
E. Reporting on the levels of its vertimientos;
F. The additional information that establish the Department of the Environment
PARAGRAFO 1o. The Department of the Environment will produce and will publish a national unique form called “Report of State of Vertimientos” (IEV-2) , ( Note: to see if each Corporation can print it) Which it should be filled and presented opportunely, before the agency of competent basin to offer the license or corresponding permission, by the responsible person for the vertimiento or by its legal representative.
The report that treats this I articulate will be presented low oath of that the information supplied is veraz and trustworthy. The oath will be considered lent with the alone presentation of the statement. Any fraud or falsehood, in the information supplied to the authorities, will give rise to the imposition of the sanctions predicted by the law and the regulations, without damage of the penal actions that they proceed for false testimony, falsehood in public document, or by the commission of any another crime or contravención connected.
PARAGRAFO 2o. Who they feel opportunely its statement contentiva of the “Report of State of Vertimientos” (IEV-2) And whenever they contribute trustworthy information and verificable, they will have the right, for a single time, to an equivalent reduction al 100% in the fines to that there be place by the lack of permission or authorization in force for the vertimiento of contaminants al water, or by the breach of the norms and standards of vertimiento applicable.
PARAGRAFO 3. The omission in the opportune presentation of the statement contentiva of the “Report of State of Vertimientos” (IEV-2) , It will lead to the suspension until a (1) year of the works, industries or activities, causes of vertimientos contaminants of the water, the closing by the same time of the suspension, of the respective industrial or commercial establishment, and equivalent daily fines to ten (10) monthly most minimum salaries by each day of I retard.
PARAGRAFO 4o. Based on the contained information in the "Reports of State of Vertimientos" (IEV-2), the environmental authorities will create and they will organize, inside the following year al expiration of the term of receipt of the forms IEV-2 , A base of data that will be utilized like official source of information for all the actions that be undertaken and the administrative measures that they be taken, in relation to the factors contaminants of the water.
PARAGRAFO 5o. Will be obligatory for the holders of permission of vertimiento the updating when except each five (5) years of the “Report of State of Vertimientos”, by means of the presentation of the corresponding form IEV-2 . Each renewal of a permission of vertimiento will require the presentation of a new report of states of vertimientos that contain the information that correspond al time of its presentation. The competent environmental authorities will have the obligation to maintain brought up to date the base of data with the pertinent information.
I ARTICULATE 441. Application of Norms and Standard for works, industries or activities. The norms and standard that in development of this Decree, dictate the Department of the Environment before the ___ (day) of_____(month) of 200_?, they will apply to the works, industries or generating activities of contaminants of the water, existing in all the national territory, according to the following rules:
1. For the works, industries or activities that tuvieren sanitary authorizations related to the water, be of Installation, provisional of operation, or of operation, sent off al protection of the Decree 1594 of 1984 that they be found In force, and estuvieren complying the legally applicable environmental regulatory nature, the aforesaid norms will begin to govern from the expiration of the term of twenty-four (24) months, cash since the date of force of the respective ministerial resolutions that adopt the new norms or standard of vertimiento.
2. For the works, industries or activities that not tuvieren sanitary authorizations related to the water, according to it established by the Decree 1594 of 1984, or that, still having them not estuvieren complying the legally applicable environmental regulatory nature, the aforesaid norms will begin to govern from the expiration of the term of eighteen (18) months, cash since the date of force of the respective ministerial resolutions that adopt theStandards of vertimiento.
( Note: These time limit and the force should be consulted with the Department of the Environment and other state agencies involved)
I ARTICULATE 442. Extension of time Limit for Adoption of Clean Technologies. Nevertheless the arranged thing in the I articulate previous, the works, industries or activities that, inside the (1) following year to the force of the ministerial resolutions, that in development of the present Decree they set the norms and standard before al ___ of ____ Of 199? ( the same previous date), They feel before the respective competent authority a Plan of Reconversion to Clean Technology (PRTL) and they show to require for it an upper time limit al established, in its case, they will be able to ask to be classified in the categories Type III and Type IV that treats the I articulate following. Said classification will be done without damage of the sanctions that proceed against the offenders, by the lack of sanitary authorizations to do vertimientos of contaminants al water, or by the breach of the norms and standard that they be them applicable.
The works, industries or activities whose Plan of Reconversion to Clean Technology (PRTL) be approved and fueren classified by the agency of competent basin in the categories that treats the previous clause, they should be received to the subscription of a Covenant of Reconversion to Clean Technology (CRTL), subject al time limit of application of the norms and standard and other conditions that agree in the respective covenant, inside the limitsThey established for the corresponding category. The Department of the Environment, will regulate the content, reach and requisite of them mentioned covenants. ( ANIMAL)
The term of presentation of the Plan of Reconversion to Clean Technologies (PRTL) will be reduced to six (6) months, for the offenders that herself encontraren in the situations described in the numeral 2o of the I articulate 458 of this Decree.
For the effects here predicted, they will be considered only as clean technologies, the instruments, methods and procedures of production, resultant of the most advanced development of the science and the existing technology, that in their assembly, they be found available in the national or international market, or they are developed specifically for the fulfillment of the objectives of reconversion to clean technologies you defined in this Decree, and that being utilized in the industrial activities,Or of service, have been designed of way such, that as result of the respective activity be produced, in all their process, the most minimum impact on the environment, the renewable natural resources and the human health.
Said technologies, although can employ cleaner processes of production, owe, besides giving fulfillment to the norms and standards of vertimientos al water, to achieve really the fulfillment of at least two (2) of the following objectives:
A. to Reduce and to minimize the generation of contaminants of the water, so much in quantity, by unit of output, as in toxicity and danger, before being treaties by the teams of control.
B. Reducing and to minimize the utilization of natural resources and of energy, by unit of output.
C. to Reuse or to recycle subproductos or commodities, by unit of output, or to incorporate to the processes of material production recycled.
I ARTICULATE 443. Of the Classification of Works, Industries or Activities Contaminants. According to the degree of technological reconversion that require to reduce its impacts on the environment and the human health, and for the effects predicted in the preceding articles, the works, industries or responsible activities of vertimientos contaminants of the water, they will be classified in the following categories, thus:
A. Industries or Activities Type I : The ones that do not require reconversion to clean technology or additional installations of controls al final of the process to be adjusted to the norms, neither time limit of adjustment for the application of the standards. To this category they will belong, besides the existing that they be adjusted to their definition, all the works, industries or new activities that be established from the force of this Decree.
B. Industries or Activities Type II : The ones that require reconversion degree a reduction to clean technology, or controls al final of the process, or both, and a maximum time limit of two (2) years for the application of the standards.
C. Industries or Activities Type III : The ones that require a medium degree of reconversion to clean technology, and a time limit over two (2) years and lower to five (5) years for the application of the standards.
D. Industries or Activities Type IV : The ones that require a high degree of reconversion to clean technology and time limit over five (5) years and lower to ten (10) years for the application of the standards.
PARAGRAFO 1. Being trying offenders, the time limit of two (2) years to that refer the literal b) and c) of this I articulate, will be reduced to eighteen (18) months, without damage of the faculty of the environmental authorities to require the fulfillment of the applicable regulatory nature.
PARAGRAFO 2. The corresponding Regulations, that al effect they be sent off, they will establish a special state of discount of vengeful rates and compensatorias to the works, industries or activities that adopt and execute properly the Plans of Reconversion to Clean Technologies.
PARAGRAFO 3o. Inside the first one (1) following year to the force of the ministerial resolutions, that based on the present Decree and before al ___ of ____ Of 200__(?) they set the norms and standards of vertimientos, the Department of Mines and Energy will present before the Department of the Environment, a Plan of Reconversion to Clean Technologies (PRTL) for the plants termoeléctricas of generation of electric energy, as well as for the refineries of existing petroleum in the country. The Department of the Environment and the Department of Mines and Energy will establish jointly, in the Covenant of Reconversion to Clean Technology (CRTL) respective, besides the conditions that are defined in the following one I articulate, the time limit of reconversion, that in an exceptional way will be able to be greater to them you defined in the literal one d) of the present I articulate without exceeding of fifteen (15) years.
I ARTICULATE 444. Of the Adjustment time Limit Obsession for the Fulfillment of the Norms. Attending to the classification that treats the I articulate previous, the agency of competent basin will examine, inside the eight (8) following months to their presentation, the request of classification and the Plan of Reconversion to Clean Technology (PRTL) of each petitioner, will establish the rules to that the development of the plan will be held and will consign them in a Covenant of Reconversion to Clean Technology (CRTL), in which they will be establishedFinal time limit for the transformations and adjustments of the processes and of the technologies, the basic technical characteristics of the technological reconversion to be developed, besides the application of the norms and corresponding standards, and the consequences of the breach of the covenant.
The breach of the Covenants of Reconversion to Clean Technology (CRTL), will give rise to the temporary suspension or al close final of the commercial or industrial establishment, as be the case.
The requests of classification and the Plans of Reconversion to Clean Technology (PRTL) will be able to be presented jointly by various petitioners when they carry out the same activities of production, they gather equals conditions or characteristic technical and they operate in the same area.
I ARTICULATE 445. Terms for the adoption of clean technologies. The works, industries or generating activities of vertimientos contaminants of the water, that opt for requesting their classification in the categories Type III and Type IV, to do reconversion to clean technology that require a time limit over a year and medium (1.5) or two (2) years, as be the case, they should present before the agency of competent basin, a Plan of Reconversion to Clean Technology (PRTL), in which themselvesThe financial, economic, and technical aspects that permit to set the requirements for their fulfillment.
The Plan of Reconversion to Clean Technology (PRTL) should include a precise definition of the partial or total changes in the processes of production, without excluding necessarily the use of controls al final of the process, that requiriendo a time limit over a year and medium (1.5) or to two (2) years, as be the case, for to be implemented, by technical, economic or financial reasons, they conduct to the obtaining of theofThat it treats the I articulate 459 of the present Decree. The Plan should contain besides, an estimativo of the reduction or minimización of the vertimientos contaminants of the water, so much in its quantity, by unit of output, as in its toxicity and danger, before being treaties by the teams of control; of the reduction or minimización in the utilization of natural resources and energy, by unit of output; a technical description of the processes of reutilización or reciclaje, as well asThe quantities of the subproductos or commodities recycled or reused, by unit of output; and a budget of the total cost of the reconversion.
Inside the limits and norms established by the present Decree, the final time limit for the transformations and adjustments of the processes and of the technologies, and the basic technical characteristics of the technological reconversion to be developed in the Plan of Reconversion to Clean Technology, that they be going to consign in the Covenant of Reconversion to Clean Technologies, (CRTL), they will be arranged by the agency of competent basin and the petitioner inside the six (6) following months To the presentation of the request. It is excluded of said coordination the decision of conditions and consequences of breach and the application of the sanctions to that place there be, which will be you hold to the definitions of the present Decree.
I ARTICULATE 446. Effects of the Approval of the Plan and of the Covenant of Reconversion to Clean Technologies - Permisibilidad of the Vertimientos. The approval of the Plan of Reconversion to Clean Technology (PRTL) by the agency of competent basin and the subscription of the Covenant (CRTL) corresponding, will consider effect to permit, in the conditions established by the Plan and the Covenant, the vertimiento al contaminants substances water, whenever they be observed and they comply for the work, industry or activity contaminant, in a strict way and punctual, the obligations to that is found.
Any work, industry or activity submitted al fulfillment of a Plan of Reconversion to Clean Technology (PRTL), will be able to obtain permission of vertimiento but as result of the satisfactory fulfillment of the obligations contracted in the Plan and the Covenant and once these they have concluded. It conquered the term of the Covenant of Reconversion to Clean Technology (CRTL), the agency of basin will offer the permission of vertimiento, if the fulfillment on the part of the work, industry or activity there be been satisfactory and will deny it if there has been breach. The negation of the permission will lead to the legal sanctions, the immediate suspension of works and activities and the closing of the establishment.
I ARTICULATE 447. Opportunity of the Plans of Reconversion to Clean Technologies. In no case will be able to be asked, to be granted or to be approved, to a same work, industry or activity, more than one Plan of Reconversion to Clean Technology (PRTL) or to be requested its overtime.
Who under the Decree 1594 of 1984 estuvieren under the Fulfillment Plan state, they will be you considered offenders if have not given opportune fulfillment to the obligations that of him are derived. The existence of a Plan of Fulfillment, under the force of the Decree 1594 of 1984, does not exempt to the work, industry or activity to him submitted, of the fulfillment of the obligations that treats the present Decree, neither substitutes the Plan of Reconversion to Clean Technology, neither exempts it of the legal obligation to obtain permission of vertimiento according to the new regulation and legal dispositions.
I ARTICULATE 448. Of the Improbación of the Plan of Reconversion. In the following cases will proceed, by means of resolution motivated, the improbación of the Plan of Reconversion to Clean Technology:
to.if fuere presented extemporaneously;
b.if the technology that is proposed to implement not reuniere the technical characteristics required by the articles 249 and 250 of the present Decree;
c.if to the date of its presentation itself adeudaren fines by the commission of infractions to the norms and environmental standards;
d.if the informations contributed in the “Report of States of Vertimiento” (IEV-2), or in the request of the Plan of Reconversion proposed, are false;
And.if despite the presentation of the Plan of Reconversion to Clean Technology, the agency of basin considers, with founded technical reasons, that said work, industry or activity will continue causing extreme contamination and serious deterioration al environment or to the human health, without possibility of fulfillment of the norms of quality and of vertimiento in force.
The improbación of the Plan of Reconversion to Clean Technology, obliges al agent contaminador to give fulfillment to the norms and standard in the conditions and inside the ordinary time limit that treats the present Decree.
I ARTICULATE 449. Revocation of the Approval of the Plan of Reconversion to Clean Technology. The agency of competent basin will revoke unilaterally the approval al Plan of Reconversion to Clean Technology (PRTL), will declare resolved and without effects the Covenant (CRTL) corresponding and will do cash the state of sanctions predicted by the law and the regulations, and will require the immediate fulfillment of the norms and standard in force, in the following cases:
A. If manifesto exists and repeated breach of the commitments acquired in the Plan and the Covenant; or when be verified the breach on the part of the responsible for the work, industry or activity, of it ordered by the agency of competent basin or of it established in the Plan or in the Covenant of Reconversion, or of it arranged by the norms and applicable standards
B. If despite that adjustments have been ordered or modifications al plan of reconversion, these themselves are not carried out in the form and in the time established by the agency of competent basin.
I SURRENDER II
OF THE OTHER PERMISSION, CONCESSIONS OR AUTHORIZATIONS
FOR WORKS, INDUSTRIES OR EXISTING ACTIVITIES
I ARTICULATE 450. Of the other permission, concessions or authorizations for works, industries or existing activities. The natural or legal persons, public or private that they advance works, industries and activities al moment to take effect this Decree, and that they had not obtained some of the permission, concessions or authorizations required, or some of them was found conquered, the person that the ahead should be submitted fully al state of permission, concessions or authorizations of the Law 99 of 1993 and of this Decree and the regulations thatThey develop them for the use, aprovechamiento or mobilization of the resource. In this case the time limit to request the permission, concessions or authorizations to the agency of competent basin will be of six (6) months from the expedition of this Decree.
If it conquered this time limit herself not the permission have been requested, concessions or authorizations, the agency of competent basin will impose the sanctions to that there be place.
I ARTICULATE 451. Of the negation of the other permission, concessions or authorizations for the works, industries or existing activities. Itself not the permission will be offered, concessions or authorizations and cash will be done the state of sanctions predicted by the law and the regulations, if despite the presentation of the documentation required by the agency of basin, this considers that, with founded said, legal and technical reasons work, industry or activity will continue causing contamination and serious deterioration al environment, to the renewable natural resources or to the healthHuman, without possibility of fulfillment of the norms of quality, of vertimiento, of uses and other environmental norms in force.
REGULAR XVII
OF THE MEDIA AND THE MEASURES OF POLICE AND
OF THE STATE OF SANCTIONS
I ARTICULATE 452. Of The Measures and Media of Police for the Protection of the Water. The environmental authorities, they will exercise the functions of police that the Law attributes them 99 of 1993, and in such virtue they will be able to adopt the measures and to utilize the appropriate media, to assure the fulfillment of the dispositions of the present Decree.
I ARTICULATE 453. Of the Infractions. Infractions will be considered, the violations of any of the regulations, prohibitions and restrictions that treats the present regulation and of the administrative acts of general character, in which the respective standards they be established and norms.
I ARTICULATE 454. Of the preventive measures and sanctions. Al offender of the here contained dispositions, the agency of competent basin, will impose, by means of resolution motivated, the following preventive measures and sanctions, that will be qualified and tasadas by the authority that impose them, according to the appreciation of the infraction and the circumstances atenuantes and aggravating.
1. PREVENTIVE MEASURES:
Verbal to.Amonestación or written.
Preventive B .seizure,Of products and implementos utilized for the commission of the infraction. The preventive seizure will proceed when be necessary as medium of test of the commission of the infraction or to impede that continue committing an environmental serious or very serious damage, although the possession of the goods confiscated be not illegal; the seizure will not be able to be over 30 days.
C.suspension of the works or activities, When of its prosecusión can be derived damage or danger for the renewable natural resources or the human health, or when the work or activity have himself initiated without the respective license, permission, concession or authorization.
D.execution of studies and evaluations They required to establish the nature and characteristics of the damages, effects and impacts caused by the infraction, as well as them mediated necessary to mitigate them or to compensate them inside the time limit that set the agency of competent basin.
2.SANCIONES:
To.fines:
You fine daily until an equivalent sum to 30 salaries most minimum legal newspapers, by the commission of light infractions and for the first time, although the fact constituent of the infraction produce not harmful effects comprobables in the environment, the renewable natural resources or the human health.
You fine daily until an equivalent sum to not less than 31 neither but of 150 legal monthly most minimum salaries, by the commission of serious infractions that they generate a high and imminent risk of deterioration of the environment or that they can cause harmful, although transitory effects, in the human health.
You fine daily until an equivalent sum to not less than 151 not more than 200 legal monthly most minimum salaries, by the commission of very serious infractions that cause really damages comprobables in the environment, the renewable natural resources and the human health; and until an equivalent sum to 300 legal monthly most minimum salaries, when verified the very serious damages caused by the infraction, these they turn out to be irreparable.
B. OTHER MEASURES:
Suspension of the environmental license and/or of the concessions, the permission or the authorizations.
Close temporary of the establishment, building or respective service.
The suspension and temporary closing will proceed when they be susceptible of to be corrected the causes that have caused the infraction of the environmental norms and will be able to be prolonged for the time that demand the correction of the same.
Close final of the establishment or building or final closure of the work, industry or activity, or installment of the respective service and the consequent revocation of the environmental license and of the permission, concessions or existing authorizations. The final closing will proceed when the operation of the establishment or the development of the activity affected, cannot be performed without continuing causing serious, or very serious damage to the renewable natural resources, al environment or to the human health.
Demolition of work, at the cost of the offender, when having advanced without permission or license, and not having been suspended, cause damage al environment or to the renewable natural resources.
The final seizure of products or implementos utilized to commit the infraction. The destruction of goods confiscated will be ordered when exist not another way to impede a serious or very serious damage al environment, to the renewable natural resources or to the human health.
PARAGRAFO 1. The previous sanctions will be able to be imposed as main or as accessory.
PARAGRAFO 2. The goods confiscated finally that not precisaren to be destroyed will be concluded in public auction by the agency of competent basin and their product will be destined to the environmental protection programs execution. The product of the you row you of will divide into parts the same as they will be destined to the company that practiced the seizure and al Environmental National Fund, FONAM.
PARAGRAFO 3. In case of recidivism, the fines will enlarge among the half and a double one of the ones that by the same cause they have been taxes.
I ARTICULATE 455. Criterion for the Estimation of the value of the Fines. In the cases in which the law or the regulations have not established a total I need of the fine to impose, the agency of basin that impose the sanction will reckon the value of the fine in a sum that will not be able to be lower al value of cost in which the sanctioned has left to incur, by carry not out the works, changes, adaptations or actions tending toward mitigating, to reduce or to eliminate, according toBe the case, the impact that its activity produces in the environment, the renewable natural resources or the human health.
I ARTICULATE 456. Of the Serious Lacks. They will be considered you lack serious:
To.the lack of environmental license, or of the permission, concessions or necessary authorizations for the exercise of the activity and set in motion of the corresponding installations.
B.any infraction of the prescripciones dictated as a result of to have been declared the level of emergency.
C.hinder or to hinder the work of caution, inspection and control of the competent environmental authorities.
D.it put in operation of installations or establishments that have been closed temporary or finally or whose license of operation have been revoked or suspended.
I ARTICULATE 457. Aggravating circumstances and Atenuantes. In the other cases, to appreciate the origin of a sanction, as well as to establish the tasación of the same one, the competent authority will keep in mind the gravity of the infraction, in agreement al balance and estimation of the following aggravating circumstances and atenuantes:
1. Are aggravating circumstances:
A. to Repeat in the commission of the same lack.
b. to Carry out the fact with full knowledge of its harmful effects, or with the complicity of subordinates
Or with its participation under undue pressure.
C. to Commit the lack to hide another.
D. to Avoid the responsibility or to attribute it to him to another or other.
E. to Infringe several obligations with the same conduct.
F. Preparing premeditated the infraction and its modalities.
G. The gravity of the risk or of the damage generated, regarding the environment, the natural resources or the health of the persons.
2. Are circumstances atenuantes:
To.the good previous conduct.
B.the invincible ignorance, that will not be able to be respected as atenuante but regarding under age, incapable or illiterate.
C.confess voluntarily the lack before the dangers be produced or damages al environment, to the natural resources or to the health of the persons.
D.carry out the pertinent actions by own initiative to compensate the damage, to restore the ecological equilibrium or to compensate the damage caused, before the imposition of the sanction.
I ARTICULATE 458. Of the Suspension and Temporary Closing. When suspension be ordered or close temporary of a work, industry or activity, the media they will be indicated and mechanisms by virtue of which the person sanctioned eventually can request that it put an end to the suspension or al close temporary arranged. In any case, the person sanctioned will not be able to advance none of the activities or operations that gave rise to the imposition of the sanction, for which the agency of basin will be able to adopt the appropriate measures or to request the aid of the public force.
I ARTICULATE 459. Of the Seizure. In substances seizure case, products or implementos utilized in the commission of an infraction, of the diligence of capture and deposit will raise a minutes that will be subscribed by the official that intervenes and the persons to who is practiced them the seizure, copy of which will be delivered to these last. If not fueren destroyed or concluded, to the goods confiscated will be given them the destination that proceed, according to the criteria that indicate the Department of the Environment.
I ARTICULATE 460. Of the Seals or Seals. In the establishments closing cases or suspension of works, industries or activities, the agency of basin will be able to impose seals or seals or to utilize other appropriate systems to assure the fulfillment of the measures ordered.
I ARTICULATE 461. Of the Payment of Fines. The fines should be full inside the five (5) following work days to the achievement of the providence that impose them. In the corresponding resolution the terms they will be indicated and conditions under which, ceases for the offender the obligation to pay the daily fine tax.
I ARTICULATE 462. Competent authorities to Sanction. They are competent authorities to impose the sanctions and measures of police to that refers the present title, the Department of the Environment, the Regional Autonomous Corporations, the Large Urban Centers, and the departments, municipalities and districts with special constitutional state, in relation to the functions that be holders in environmental matter in direct form, or by means of delegation and in the respective area of their jurisdiction.
For all the effects will be understood that the expression Regional Autonomous Corporations, includes the Corporations for the Sustainable Development and to the Large Urban Centers, that treats the Law 99 of 1993.
I ARTICULATE 463. Sanctions to Municipalities, Districts and Public Companies. It will be competence privativa of the Department of the Environment, the imposition of sanctions to municipalities, districts and public companies of any order that incur in violations to the dispositions of the present Decree.
The municipalities, districts and public companies sanctioned will be able to repeat against the responsible officials for the infractions that have given rise to the imposition of fines or sanctions by violation of the dispositions al Regulation of Protection of the Quality of the Water, and of the river bed, Beaches and Beds.
I ARTICULATE 464. Of the Imposition of Sanctions to Prevention and of the Conflicts of Competence. When some of the competent environmental authorities to impose sanctions to works, industries or activities, assume the competence policiva corresponding, will prevent to the other environmental authorities reporting them of the procedure initiated.
For the effect to present an eventual conflict of competences, any environmental authority will be able to stir up before the Department of the Environment, inside the ten following work days to the date in which have knowledge that the matter has been headed for for another authority. In the event that be proposed opportunely, the Department of the Environment will resolve outright the conflict and will define the authority that should advance the corresponding procedure.
I ARTICULATE 465. Sanctions to Officials. It will incur in dismissal of the charge, without damage of the corresponding administrative, penal, and civil actions, the official that by action or omission, in deceitful form or by serious fault incur in some of the following conducts:
A. Omit the fulfillment of its you owe of caution and control and permit that herself any comet of the infractions predicted in the previous articles, having been able impeding it;
b. Omit for negligence, venalidad or leniency, to impose the sanctions by the commission of infractions of the ones that had knowledge in exercise of its funci
C. Omit the duty to declare the level of emergency, when should do it according to it preceptuado in this Decree and in the standards in force or adopt not opportunely the measures that fueren of the case, existing an event of contamination.
D. Offer environmental license, permission, concession or authorization against the law and the regulations or for the exercise of activities prohibited or illegal, or permit knowingly vertimientos of substances contaminants of the water, restricted or prohibited.
I ARTICULATE 466. Additional obligations of the Offender. The sanctions do not exempt al offender of the obligation to execute the works or to take the measures that have been ordered by the responsible authority for the control, neither of the obligation to restore the environment and the natural resources affected, when fuere possible.
I ARTICULATE 467. Of the Publicity of the Sanctions. In order to alerting and to inform the community on the actions taken to protect the collective right to a healthy environment, the agency of basin will order that at the cost of the offender they be published, by writings communication media and electronic of extensive circulation or audience, the decisions by virtue of which sanctions to works be imposed, industries or activities by violation to the norms of Protection ofThe Quality of the Water, and of the river bed, Beaches and Beds, and the causes that originated them.
I ARTICULATE 468. Resources. Against the administrative acts that they impose sanctions by the commission of infractions established in the present Decree, the resources in the governmental way they will proceed and the quarrelsome actions, in the terms predicted by the Code of Administrative the Quarrelsome thing.
REGULAR XVIII
WORKS HYDRAULICS
I SURRENDER UNIQUE
GUIDELINES AND SPECIAL
I ARTICULATE 469. Al state of it arranged by the I articulate 119 of the Decree-Law 2811 of 1974, the dispositions in this title consider object to promote, to promote, to channel and to do obligatory the study, construction and hydraulics works operation for any of the uses of the water resource and for their defense and conservation, without damage of the functions that, according to the Decree 154 of 1976, correspond al Department of
I ARTICULATE 470. The beneficiaries of a concession, permission or authorization for the use of water or the aprovechamiento of river bed, beds and beaches are obliged to present to the agency of competent basin, for its study and registration, the plans and memories of calculations of the necessary works for the collecting, control, conduction, storage or distribution of the volume or the aprovechamiento of the river bed, bed or beach.
In the resolution that authorize the execution of the works, will be imposed al regular of the permission, concession or authorization the obligation to accept and to facilitate the supervision that will carry out the agency of competent basin to verify the fulfillment of the obligations to its charge.
Them they interested in advancing river bed correction works or of defense of the marginal slopes to avoid floods or damages in the grounds aledaños, should present to the agency of competent basin the plans and memories to that refers this title, which will coordinate with the Department of Transportation it related for their study and control.
I ARTICULATE 471. The Department of Transportation and the other companies that have to their charge the construction of public works, they should comply and to cause to comply it predicted by the I articulate 26 of the Decree-Law 2811 of 1974.
I ARTICULATE 472. To obtain the approval of the works to that refers this Title, the interested in advancing them should obtain the Environmental License according to it stipulated in the Title VIII of the Law 99 of 1993 and its regulations.
They are excepted of this obligation the Department of Transportation when should carry out works of maintenance of the already built or of his installations, and when, in cases of emergency, should advance works to prevent or to control floods and another type of eventualities, according to the arranged thing in the I articulate 277 of the present Decree.
I ARTICULATE 473. The construction of acueductos rural to lend services of irrigation or other similar, requires approval, that can be denied for reasons of public convenience.
The provisional installations are excepted that should build companies of the State in the development of its functions.
I ARTICULATE 473. The works, works or installations to that refers the present title, require two approvals:
A. That of the plans, included the final designs of engineering, descriptive and technical memories, technical specifications and plan of operation; approval that should be requested and to be obtained before beginning the construction of the works, works or installations;
B. That of the works, works or installations once finished its construction and before beginning its use, and without whose approval this will not be able to be initiated.
I ARTICULATE 474. The hydraulics works projects, public or private, to utilize water or its river bed, beds or beaches should include the studies, flat and budget of the works and necessary works for the conservation or recovery of the water and its beds, river bed and beaches accompanied by a technical memory and another descriptive one. The studies, memories, flat should be submitted to approval and registration. In the case of the public works, the Department of the branch will evaluate you said studies, for which will be able to request the contribution of the agency of competent basin.
I ARTICULATE 475. The projects that include constructions as prey, dikes, floodgates, vertederos, steps of public ways, in whose construction be necessary to guarantee to third parties against possible damages that can be caused for deficiency of designs, of locating or of execution of the work, they should go accompanied besides what are required in the I articulate 281, literal to, of this Decree, of a technical memory detailed on studies of floors and geotecnia whenThey be of the case to criterion of the agency of competent basin and the structural and hydraulic calculation of the works. Of all forms, the interested will subscribe a policy that guarantee the stability of the work, whose total will be set by the agency of competent basin.
I ARTICULATE 476. In accordance with every resolution that offer a permission of vertimiento, in which they have ordered works for the control of vertimiento of liquid residues, its holder should present before the agency of competent basin, for its technical concept, besides it required by the I articulate 281, literal to, a descriptive memory and another technique detailed of the calculations and structural, hydraulic, and sanitary designs, enclosing the plans of locating,Profiles, details of works and teams.
I ARTICULATE 477. The plans required by this chapter should be presented in original to ink and two copies heliográficas in plates preferably of 100 X 70 centimeters, once have himself given approval subject to al I play initially contributed and in the following scales:
A. For general plans of locating, scales 1:10.000 to 1:25.000, preferably deduced of geographical letters of the Geographical Institute "Agustín Codazzi";
B. To locate lands embalsables, irrigables and other similar, for the measurement planimétrica and topographical, scales will be utilized: 1: 1000 until 1: 5000;
C. For profiles horizontal scale 1: 1000 until 1: 2000 and vertical scale of 1: 50 until 1: 200;
D. For civil works, of 1: 25 until 1: 100, and
E. For details of 1: 10 until 1: 50.
PARAGRAFO. An outright play will rest in the respective expedient contentivo of the procedure, another will be sent al registration to that refers the I articulate 229 of the present Decree and the original one will be returned al solicitante with the seal and firm of approval.
I ARTICULATE 478. The plans accompanied by the descriptive memories and the studies of floors and geotecnia as if is of the case, as well as the structural and hydraulic calculations will be presented to the agency of competent basin, and once approved by this, so much the original one as the duplicates, with the respective constancy, they will be registered in the predicted form in the present Decree.
For the study of the plans and descriptive memories and structural calculations that feel the users according to this title, as well as for the approval of the works once built, the agency of competent basin will be able to request the contribution of the Department of Transportation.
I ARTICULATE 479. When because of growing extraordinary or other emergencies, the owners, possessors, holders or administrative of grounds or the associations of users, be to seen in the defense works need to build, without permission of the agency of competent basin, they should give notice written to this inside the six (6) following days to their initiation. Said works will be built with provisional character, taking care of of cause not damages to third parties, and they will remain you hold to its revision or approval on the part of the company.
I ARTICULATE 480. In the same cases predicted by the I articulate previous, the agency of competent basin will be able to order the construction or demolition of works to prevent imminent damages. They passed the state of emergency, the agency of competent basin will direct that they withdraw the works that objections result or be built other new, by account of who they resulted benefited direct or indirectly.
I ARTICULATE 481. No owner will be able to be opposed to that in the margins of the currents or in the river bed, beds or beaches of these or deposits of water, works of defense be carried out to protect to other grounds against the action of the private or public water.
I ARTICULATE 482. Every work of collecting or birth of water should be provided of apparatuses of measurement or other elements that permit in any moment to know so much the quantity derived as it consumed; this last case in the event in which the agency of competent basin require the consumed volumes measurement apparatuses installation. The plans and/or memories to that refers this title they should include such apparatuses or elements, as be the case.
I ARTICULATE 483. The works colectoras and aductoras of surpluses or drain of irrigation should have sufficient capacity to collect and to conduct the water rains, of such way that avoid its overflow in the public ways and in other grounds; the plans to that refers this title should include such works and its characteristics.
I ARTICULATE 484. The projects to that refers the present chapter they will be carried out and signed by Civil, Hydraulic or Sanitary, titled Engineers and registered.
I ARTICULATE 485. Subject to concept technical favorable of the plans and technical memories on the part of the agency of competent basin, the holder of the permission, concessions or authorizations should build the works inside the term that be set; once built, the agency of competent basin will do the technical evaluation of the same, for effects of its approval.
I ARTICULATE 486. Only by reasons of ecological convenience, of increment of biological productivity and of social and economic order, will be able, subject to study approved by the agency of competent basin, to be attacked the restoration of marshy areas.
I ARTICULATE 487. So much the projects of dams or reservoirs as those that imply drainage, backfill or desecación of swamps, marshes, gaps and similar, collecting of water of different basins, or interconnection among them, they should advance the procedure pertaining to the Environmental License, according to it stipulated in the Title VIII of the Law 99 of 1993 and the regulations.
PARAGRAFO. In projects and works of small and medium capacity such as reservoirs, reservoirs, etc, these should not be attacked in sectors pertaining to births or public or private use water births, neither to be located to less than 15 meters of distance as a minimum with relation to river bed of broken, rivers or any superficial source. The most minimum distance set in this parágrafo will be able to be expanded in case to be verified interference with permanent superficial sources. The previous thing without damage that additional works be executed of impermeabilización or that avoid happiness interference. In every case should count on the favorable and prior concept, subject to study of the technical documentation required by the agency of competent basin, elaborated by suitable professionals in the matter, at the cost of the user.
REGULAR XIX
FINAL DISPOSITIONS
I ARTICULATE 488. Transitory dispositions. The Department of the Environment will set, by means of resolution, the new norms and standards of vertimiento of contaminants al water, on the part of works, industries or activities, and the others that be necessary to give him exact fulfillment to it arranged by this Decree.
While the Department of the Environment dictates them mentioned norms and standard, in exercise of the competences that arranges according to the Law 99 of 1993, will continue in force the norms and the standards established in the articles ....(enumeration from these articles comes ) Of the Decree 1594 of 1984 and the articles L...L of the Decree 1541 of 1978. The competences there attributed al Department of Health and to other sanitary authorities, remain transferred al Department of the Environment and to the Regional Autonomous Corporations.
I ARTICULATE 489. Force. The present Decree governs from the date of their expedition, abrogates the Decrees 1541 of 1978 (1681 of 1978, 2858 of 1981) 2857 of 1984 and 1594 of 1984, with exception of the articles that continue transitorily in force, al state of it arranged by the I articulate precedent, and other dispositions that opponents be it.
It given in Santafé of Bogota,
PUBLÍQUESE AND be COMPLIED
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