Bill 193.

Summary.

The bill proposes to regulate the use of mainland and island waters through integrated water resources management. It recognizes access to water and sanitation and places waters within the national territory in the public domain. It gives priority to human consumption and food security while maintaining ecosystem sustainability and environmental flows. It adopts the watershed as the unit of management, incorporates an ecosystem approach and defines terms used throughout its provisions. For the Panama Canal, its watershed and the Panama Canal Authority (Autoridad del Canal de Panamá), it refers to Title XIV of the Political Constitution of the Republic and Law 19 of June 11, 1997.

The Ministry of Environment (Ministerio de Ambiente) would plan, administer, monitor and regulate water resources. It would formulate water policy, designate protection areas, grant or deny permits and concessions, maintain public information, inspect works and activities, and handle violations and protective measures. It would coordinate those duties through the Interinstitutional Environmental System (Sistema Interinstitucional del Ambiente) and watershed committees. Public bodies whose activities may affect water would have to comply with environmental rules. Water users, local organizations and community organizations would participate in watershed planning, with their representatives entitled to speak and vote.

Planning would take place through policies, plans, programs and projects that are public and linked to development plans. The National Water Security Plan would be a mandatory reference; regional plans would cover water balances, priorities among uses, reserves, pollution sources, protection areas, climate risks, consultation and monitoring. Activities within a watershed would take its management instruments into account. The bill amends Article 8 of Law 44 of 2002 to govern the membership and operation of watershed committees. It also provides that agreements concerning shared or transboundary water resources must follow the national interest and the proposed principles.

The Ministry of Environment would create and administer a water information system containing data on resources, rights, concessions and discharges, updated through monitoring and contributions from competent bodies. Common use of water would remain subject to restrictions, permits or concessions according to the activity. Works that alter flows would require environmental assessment; commercial water use in Indigenous regions and collectively held lands would require a concession. The Ministry of Health (Ministerio de Salud) would oversee services managed by the Rural Aqueduct Administrative Boards (Juntas Administradoras de Acueductos Rurales), while the National Aqueduct and Sewer Institute (Instituto de Acueductos y Alcantarillados Nacionales) would have responsibilities for water supply services. A water use contract would be required for water supply and sewerage service licences.

For groundwater, the bill regulates exploration before a concession, hydrogeological studies, well monitoring, spacing between extraction points and adjustments to withdrawals when availability declines. It provides for artificial recharge and coordinated use of surface water and groundwater. It requires registration of qualified professionals and drilling operators, notification when an aquifer is found, and protection or sealing of wells no longer in use. It prohibits pollutant discharges during drilling and drilling in protection or recharge areas, overexploited areas, or areas at risk of contamination. Water use rights would be obtained before use; temporary permits would be revocable, and concessions would have terms, renewal conditions and grounds for termination. Users could not exceed their allocated flows or speculate in water use rights.

The bill also regulates water easements between properties, works needed to exercise them and compensation for the owner of the burdened property. It establishes protection areas for water bodies, springs, recharge zones and wetlands; requires the marking of certain areas and natural regeneration or reforestation where forest cover has been removed. It permits restrictions on use in vulnerable aquifers and watersheds subject to excessive use. Works in natural channels, changes to watercourses and certain infrastructure would require authorization and environmental assessment. Areas exposed to flooding, overflow or landslides could be designated as exclusion zones for buildings. Lastly, it establishes duties to prevent pollution, water quality parameters and monitoring, permits for wastewater discharges, penalties for unauthorized discharges and revocation of discharge permits for noncompliance or serious risk.

The provisions involve the Ministry of Environment, the Ministry of Health, the Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario), the National Civil Protection System (Sistema Nacional de Protección Civil), the National Public Services Authority (Autoridad Nacional de los Servicios Públicos) and water supply providers. Their subject matter could affect households, rural aqueduct users, agricultural producers, hydroelectric operators, industry, aquaculture, riverside landowners and project operators that use water or discharge effluent.