THE NATIONAL COURT OF WATER DISPUTES SETTLEMENT PUBLISHES FIVE PRECEDENTS OF MANDATORY COMPLIANCE
Last Thursday, April 4, the National Court of Water Disputes Settlement (TNRCH) of the National Water Agency (ANA) published in the Official Gazette “El Peruano” five administrative precedents of mandatory compliance approved as per 2014 and 2015 Orders.
1. ORDER No. 139-2014-ANA/TNRCH
The waste water treatment does not represent a condition of sanction to be constituted pursuant to Water Resources Act, Section 120, Item 9; and Section 277, Paragraph d) of its Regulation, consisting in waste water disposal without authorization.
In this sense, the National Water Agency may sanction any individual or legal entity provided that the discharge of waste water disposal, treated or not, into a natural body of water without a pertinent authorization has been identified.
2. ORDER No. 190-2014-ANA/TNRCH
The TNRCH standardizes the minimum characteristics that must have all orders granting water right. They are detailed as follows: (i) name of the natural water source; (ii) location of capture point under a UTM coordinate system, WGS84 Datum, corresponding area; (iii) location of the place where water will be used, class of water and type of use; (iv) flow from each source; and (v) water volume discharged on a monthly basis or greater.
Moreover, the Court establishes that, in case of underground water, the following shall be additionally specified: exploitation schedule, well depth and diameter, and the Underground Water Resources List (IRHS) Code. In the event there is no IRHS Code, it must be created at the time of field inspection prior licensing.
3. ORDER No. 405-2014-ANA/TNRCH
The TNRCH specifies that the Administrative Water Right Record (RADA) do not constitute rights. It only records the rights granted by the pertinent authorities. Therefore, if a water right is not registered in RADA, it only means that ANA has not sent the pertinent information for its recording, and it does not mean its non-existence in any way whatsoever.
4. ORDER No. 052-2015-ANA/TNRCH
The TNRCH emphasizes that the industrial user of a Service Provider Company that has a waste water treatment plant with a discharge authorization into a natural body of water and generates reusable water are empowered to reuse it. Therefore, such users are not required to apply for a reuse authorization provided that its use would be for purposes related to their industrial activities.
5. ORDER No. 769-2015-ANA/TNRCH
The TNRCH establishes that if during the formalities of the marginal strip delimitation process by operation of law or by one of the parties it is advised the existence of previously issued orders that would delimitate sections of the marginal strip by the request of one or more inspected parties, said parties should be notified in order to be incorporated to such process so they can exercise their rights pursuant to the Law.
For further details, please contact Francisco Tong (ftong@estudiorodrigo.com), Jenny Caldas (jcaldas@estudiorodrigo.com), Ursula Zavala (uzavala@estudiorodrigo.com) and/or Francisco Barrios (fbarrios@estudiorodrigo.com).
