Bill 195.

Summary.

The bill aims to promote the sustainable management of groundwater and aquifers in the Republic of Panama. It defines groundwater, aquifers, and their recharge zones, as well as technical concepts such as piezometric levels, lithological descriptions, infiltration capacity, artificial recharge, saltwater intrusion, and submarine groundwater discharge. It assigns the Ministry of Environment (Ministerio de Ambiente) responsibility for organizing and supervising compliance with the proposed law, in collaboration with the Ministry of Health (Ministerio de Salud), the Directorate of the Drinking Water and Sanitation Subsector (Dirección del Subsector de Agua Potable y Alcantarillado Sanitario), the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario), the National Water Supply and Sewerage Institute (Instituto de Acueductos y Alcantarillados Nacionales, IDAAN), the Panama Canal Authority (Autoridad del Canal de Panamá), the National Water Council (Consejo Nacional del Agua), the Public Services Authority (Autoridad de los Servicios Públicos), and the Panama Institute of Meteorology and Hydrology (Instituto de Meteorología e Hidrología de Panamá).

The Ministry of Environment would coordinate studies with public entities, nongovernmental organizations, and academic institutions to characterize groundwater and estimate aquifer storage capacity. The results would inform a national strategy and a master plan for where and when wells should be drilled. The state would coordinate an investment plan and the allocation of general budget resources; participating institutions would include funding for their obligations in their annual budgets. Agreements and international cooperation mechanisms are also contemplated.

In communities with fewer than 1,500 inhabitants, the Ministry of Health and the Directorate of the Drinking Water and Sanitation Subsector would explore for and drill wells together with Rural Water Supply Management Boards (Juntas Administradoras de Acueductos Rurales), under the parameters set by the Ministry of Environment. In communities with more than 1,500 inhabitants, IDAAN would share responsibility for those tasks and provide geological and hydrogeological information for each borehole. The Ministry of Environment and companies authorized to drill or construct wells would have to employ professionals in hydrogeology and geology to assess and collect technical information.

The Ministry of Environment would maintain updated hydrogeological maps, designate protection areas based on studies, and receive information from state institutions that explore for or extract groundwater, or plan studies or works to use it. The National Authority for Government Innovation (Autoridad Nacional para la Innovación Gubernamental) would develop a platform containing a national inventory of wells and technical data; the Ministry of Environment and the National Meteorological and Hydrological Institute (Instituto Meteorológico e Hidrológico Nacional) would administer and update it and keep it publicly accessible. Anyone intending to drill into the ground to investigate, explore for, or use groundwater would have to enroll in the Subsurface Drillers Registry (Registro de Perforadores del Subsuelo). Each borehole would require an exploration permit valid for 3 months and the subsequent submission of technical information.

For agricultural and livestock production, the Ministry of Agricultural Development, through the National Directorate of Rural Engineering and Irrigation (Dirección Nacional de Ingeniería Rural y Riego), would support well drilling and report data on producers, beneficiary farms, and boreholes. During drought emergencies, the ministry would provide the georeferenced locations of proposed drilling sites. Groundwater users engaged in the listed uses who lack an IDAAN water supply would have to obtain a permit or concession from the Ministry of Environment. IDAAN would be exempt under Law 77 of December 28, 2001.

The Ministry of Environment and the Ministry of Education (Ministerio de Educación) would develop educational programs and public campaigns; the National Secretariat of Science, Technology and Innovation (Secretaría Nacional de Ciencia, Tecnología e Innovación) would establish funding mechanisms for research on aquifers, water availability, saltwater intrusion, artificial recharge, and contaminants. Programs are proposed to restore degraded or contaminated aquifers and protect recharge zones. Noncompliance would result in fines and temporary or permanent bans on exploration and drilling activities, imposed by the Ministry of Environment. The text provides for implementing regulations within 6 months of promulgation and for the law to enter into force upon promulgation. Its provisions could be relevant to or affect institutions responsible for water, health, the environment, and education; well operators; rural communities; and the agricultural, industrial, tourism, and commercial sectors.