Bill 357.

Summary.

The bill establishes a special framework for the protection, conservation, remediation, ecological restoration and sustainable management of the Río La Villa watershed, identified as watershed N° 128. It covers tributaries, springs, streams, water sources, wetlands, recharge areas and the main river channel. It sets a riparian protection strip of no less than thirty (30) meters on each side of the channel, measured from its centerline, while preserving greater distances required by other rules. Following a technical assessment, the proposed measures include reforestation, control of discharges and invasive species, stabilization of riverbanks, protection of recharge areas, cleanup of critical sites and improved sanitation in riverside communities.

The bill declares a temporary moratorium on establishing, authorizing, expanding or legalizing new intensive livestock operations, or changing land use to permit them, while the restoration plan is carried out progressively over 10 years. The Ministry of Agricultural Development (Ministerio de Desarrollo Agropecuario) would set the thresholds defining those operations by technical resolution. The Ministry of Environment (Ministerio de Ambiente), in coordination with that ministry, would enforce the moratorium and could impose penalties. The text defines water pollution, environmental education, remediation, ecological restoration and the Watershed Observatory (Observatorio de la Cuenca). It also sets principles of prevention, precaution, restoration, participation, intergenerational equity, environmental responsibility and transparency. Its objectives include sound agricultural practices, oversight of water intended for drinking, environmental education and public information.

It recognizes the Río La Villa Watershed Committee (Comité de la Cuenca Hidrográfica del Río La Villa) as the permanent governance body under Law 44 of 2002. It establishes the Río La Villa Watershed Observatory (Observatorio de la Cuenca Hidrográfica del Río La Villa), attached to the Ministry of Environment and organized as a permanent technical subcommittee, to monitor the watershed, report to the committee and conduct citizen oversight. It regulates environmental monitors’ qualifications and disqualifications, their selection through a public call, evaluation and training, and revocation of their appointments. Appointments would last three (3) years, for no more than two (2) consecutive terms. The observatory would submit quarterly reports, inspect ecosystems, recommend changes to land-use and watershed management plans, and make information public. The bill specifies its minimum positions, potential benefits for monitors, and budgetary and other funding arrangements for its operation and restoration work.

The Ministry of Environment would have a maximum of twelve (12) months to prepare and approve the Remediation and Ecological Restoration Plan, including an assessment, targets, indicators, measures, a budget and participation by different sectors. Its measures would be binding and incorporated into the Environmental Land-Use Plan and the watershed management plan. The bill requires semiannual reports on implementation and water quality and immediate notice of environmental incidents; it treats noncompliance by authorities as a serious violation. Agricultural operators would have to install fences, maintain riparian strips, incorporate native forest species and safely treat and dispose of waste, subject to training and periodic checks.

The bill prohibits removal of vegetation, use of prohibited substances, discharges without treatment meeting applicable standards, certain activities affecting wildlife, new intensive pig operations and projects capable of causing serious impacts in the watershed. The Ministry of Environment would sanction violations through a summary administrative procedure with a right of defense, due process and a technical report, under Law 38 of 2000. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations, and the proposed law would take effect the day after promulgation. The text also refers to Law 41 of 1998, Law 6 of 2002, the Escazú Agreement (Acuerdo de Escazú) and the Rio Declaration (Declaración de Río); its provisions would concern riverside communities, agricultural producers, water managers, environmental organizations, and the infrastructure and sanitation sectors.