Bill 590.

Summary.

The bill would revise the definitions in Law 44 of 2002. It describes a watershed by its physical, biological and geographical characteristics and the flow of surface water and groundwater. The Ministry of Environment (Ministerio de Ambiente) would delineate watersheds for administrative purposes and could group more than one within a single administrative unit. The bill also defines a management plan, a Watershed Environmental Land Use Plan and a watershed committee. Land use planning would account for the territory’s carrying capacity, risk management and the potential effects of climate change.

The Ministry of Environment would be responsible for assessing, administering, managing and conserving watersheds in the Republic of Panama (República de Panamá). It would coordinate with sectoral institutions in the Interinstitutional Environmental System (Sistema Interinstitucional Ambiental), the environmental advisory commissions established under Law 41 of 1998 (Ley 41 de 1998), and the Watershed Committees (Comités de Cuencas Hidrográficas). With the competent institutions and organized committees, it would carry out a detailed watershed assessment at least once a year. The resulting recommendations would be binding and linked to national environmental information systems. The assessments would inform the land use plan and the watershed management, development, protection and conservation plan; both plans would be updated every 3 years. Their review would incorporate risk management, climate change adaptation and public participation.

In coordination with sectoral institutions and the committees, the Ministry of Environment would establish technical rules and procedures for implementing each watershed’s management plan. Concessions and permits to exploit or use natural resources, as well as activities on private properties, would have to comply with the plans approved by the ministry. Holders of concessions or permits, and persons conducting activities on private properties outside the exhaustive list of activities requiring environmental impact studies, would have to bring their activities into compliance within the period set by the ministry for each case. Funding could come from budget allocations, donations and contributions, a percentage set by regulation of specified national and municipal revenue connected with each watershed’s resources, and other allocated resources.

The Ministry of Environment would organize the Watershed Committees pursuant to Article 83 of Law 41 of 1998. Their membership would include regional officials from environmental, agricultural, health, trade, maritime, water utility and housing bodies, together with mayors and representatives of local organizations, corregimientos (districts), academia, professional organizations and industry. The bodies named include the Ministry of Health (Ministerio de Salud) and the Ministry of Commerce and Industries (Ministerio Comercio e Industrias). A regional environmental director would chair each committee, and a mayor would serve as secretary, with rotation where several participate. The bill also regulates rotating representation of corregimientos, selection of civil society representatives, participation by alternates and the right of community members to speak at committee meetings.

The committees would coordinate preparation and implementation of the plans, promote cooperation and community participation, address disputes among water users, request information, recommend measures and adopt internal rules. The text gives them binding authority concerning social, cultural, economic and technical matters in their respective watersheds. The Ministry of Environment would establish a training program for committee members and oversee compliance with the law. The bill lists amendments to Articles 2, 3, 4, 5, 6, 7, 8, 9 and 11 of Law 44 of 2002; it directs the Executive Branch (Órgano Ejecutivo) to issue implementing regulations within no more than six (6) months after promulgation and provides for commencement upon publication in the Official Gazette.

The subject matter involves public bodies responsible for environmental and land use management, municipal governments, and the agricultural, maritime, industrial, water supply, academic and community sectors. It also concerns concession holders and owners of private properties within watersheds.