ORDER BY NATIONAL WATER AGENCY (ANA) REGULATING WATER USE AND TREATED WASTE WATER DISPOSAL FEES PAYMENT
On April 24, 2019, Director’s Order No. 083-2019-ANA has been published on the Official Gazette “El Peruano”. By virtue thereof, methods and terms of payment water users must pay water use and treated waste water disposal fees are regulated. This Order replaces Director’s Order No. 058-2017-ANA becoming null and void.
Some of the most important aspects of the regulation are as follows:
– Water use fee payment by non-agricultural surface water users, underground water users, seawater users, users with own water supply system, and water right users are made on an annual basis according to water volume used throughout the previous year as per monthly reports submitted in paper-based format or digitally via ANA online platform. If no report is submitted within the established term, it is considered the volume assigned as per water right or the fraction for the months to go.
– Water use fee payment by energy-purpose water users (hydropower and geothermal power) is made on a monthly basis, according to the generated energy, by means of the Automatic Settlement Form either in paper-based or digital format using the code, password and profile created by ANA.
– Treated waste water disposal fee payment is made on an annual basis in advanced and according to the authorized disposal volume.
– Receipt may be notified in a paper-based or digital format and constitute enforceable title for collection. No payment generates coercive collection, a monthly 1% interest, outage (in case of the supply comes from hydraulic structure operators), disposal suspension or revocation of right upon administrative proceeding.
– Receipt corrections may be requested in case of factual or arithmetic error or others not altering its content substantially (regulation having been set aside permitted to request voiding or amendment).
– If, after payment, an error in receipt is found or if it would be overcharged, total or partial reimbursement or recognition of credit to be applicable in the following fiscal year may be requested.
– Provisions of the regulation are applicable to fee collection from previous years pending of payment.
– Users’ Meetings charging underground water monitoring and management fee may be authorized to collect underground water use fee for agricultural purposes from users of their corresponding hydraulic sector, except from hydraulic sectors of Service Provider Companies (EPS) referred to in Legislative Order No. 1185.
– For hydraulic sectors of Service Provider Companies (EPS) referred to in Legislative Order No. 1185, the underground water monitoring and management fee collection is made upon single receipt.
