Regulates the procedure for formalization of water use and empowers ANA to adapt ex officio groundwater use licenses
On January 9, 2024, Supreme Decree No. 001-2024-MIDAGRI was published in the Official Gazette El Peruano, which regulates the procedure for the formalization of water use and empowers the National Water Authority to adapt certain groundwater use licenses to current uses. The most important aspects of the regulation are the following:
– The formalization, through the granting of a water use license, applies to the use of water that, as of December 31, 2014, had been being carried out in a public, peaceful and continuous manner.
– The term to apply for the procedure is two years, starting on January 10, 2023.
– In order to achieve formalization, the following must be accredited, as applicable:
o Use of water in the operating unit or site, as of December 31, 2014.
o The legitimate ownership or possession of the property or productive unit where water is used.
o Have an approved environmental management instrument, except for the use of water for population purposes.
o Have authorization or concession for the development of the activity for which the water is intended.
Have been recognized as a provider of health services, in case of population use.
o Have the right to use aquatic area, in case of use of desalinated and non-desalinated sea water.
o The thermo-mineral condition of the water, recognized by the INGEMMET, and the certification that it is not harmful to health, granted by the DIGESA, in case of tourist use (thermal waters).
The use of water (i) in areas declared closed; (ii) for aquaculture purposes; (iii) for agricultural purposes en bloc, by organizations of water users; (iv) for population purposes may not be formalized, by health providers in urban and rural populated centers with up to 5,000 inhabitants; (v) in special projects delivered in concession; (vi) in small mining or artisanal mining in process of formalization; (vii) for agricultural purposes of holders of land considered in a block with allocation of water, the allocation study has not been modified or updated; or (viii) for agricultural purposes on land with a capacity for greater forest use or for protection.
The submission of the request for formalization is considered a voluntary remedy, and exempts from liability for violations in the field of water resources, and is a mitigating factor in the case of sanctioning proceedings in progress.
On the other hand, the regulation empowers the Head of the National Water Authority to “adapt” ex officio the licenses of use of groundwater to the uses that are currently given in the aquifers indicated in Legislative Decree 1185, for which it must issue the necessary provisions.
For further information, please contact Francisco Barrios (fbarrios@estudiorodrigo.com) and/or Danielle Valle (dvalle@estudiorodrigo.com).
