In brief
On 5 September 2024, Head Resolution No. 0357-2024-ANA was published, whereby the Regulation of Administrative Procedures for the Granting of Water Use Rights and Authorization for the Execution of Works in Natural Water Sources (“Regulation“), approved by Head Resolution No. 007-2015-ANA, is amended. This amendment seeks to simplify the procedures for obtaining water use rights.
Among the main amendments to the Regulations, we highlight the following:
| Authorization/ Procedure | Modification |
| Authorization for the execution of water availability studies(Art. 11 paragraph b2) | Attaching the resolution approving the environmental certification is no longer required. Only the submission of the environmental classification for those projects included in the list of inclusion of investment projects subject to the Environmental Impact Assessment System is required; otherwise, the resolution approving the Preliminary Environmental Assessment must be submitted. If the project is not included in the SEIA list, this must be indicated in the application. |
| Authorization for the execution of water development works(Art. 32) | Authorization for the execution of works will not be required when: (i) it is demonstrated that the authorized hydraulic infrastructure for water development purposes is in place; and (ii) the exploratory wells become operational.Where the use of public water infrastructure is required, the Local Water Authority (“ALA”) requests an opinion from the operator on the capacity and operability of the water infrastructure to meet the requested demand, which must be issued within a maximum period of seven working days. |
| Water use permit(Art. 35) | It is specified that “wastewater” is surface water from return flows, drainage or seepage resulting from the exercise of rights of water use license holders. This permit entitles its holder to use wastewater for productive purposes, which includes production processes and previous activities. |
| Authorization for the execution of works in natural springs(Art. 36) | The case of subsoil water is added, which empowers its owner, through vertical drainage, to dispose of it to a body of water for the execution of works or to maintain an activity.It is also added that direct disposal is made when the quality of the extracted water maintains the same or better conditions of the water body; otherwise, treatment will be required prior to its disposal. |
| Observation wells or piezometers(Art. 37) | It is specified that observation wells or piezometers record the variation of piezometer levels and must have a maximum casing diameter of six inches. Groundwater users and operators who use several wells for extraction must keep piezometers must be installed in an indefinite period. |
| Authorization for the execution of water development works(Art. 16.3) | It is established that the term of validity is counted from the date of the beginning of the execution of the works. This date must be communicated to the ALA by the party administering the project within a maximum period of five days after its commencement. |
| Water use rights due to change of ownership of property or activity(Art. 23) | The following new provisions are established:(i) The ALA of the jurisdiction will be competent to resolve this type of procedure. In case the request involves a modification of the technical characteristics of the original water use right, the Water Administrative Authority will be competent.(ii) The ALA may declare the partial extinction of the water use right and will grant the new water right according to the irrigated area transferred and its corresponding volume of water, keeping the original right in force with the irrigated area and the remaining volume of water. |
| Technical field verification(Art. 41) | The water availability accreditation procedure will no longer require technical field verification. |
Ongoing proceedings shall be adapted to the provisions of this amendment without backtracking stages or suspending deadlines.
We hope this information is relevant to you and your company. Please do not hesitate to contact us if you require any advice in this regard.
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