Bill 736.

Summary.

The bill develops the human right to drinking water and sanitation and promotes the conservation, restoration, and integrated management of water resources. It seeks universal, equitable, and nondiscriminatory access, with particular attention to vulnerable people and communities, protection of water sources, watersheds, and recharge areas, and adaptation to climate change. It declares water an essential, inalienable public asset under the Constitution of the Republic of Panama (Constitución Política de la República de Panamá). It recognizes access based on availability, quality, physical accessibility, affordability, and acceptability, to be progressively secured through public policies, plans, and investment. It preserves the Panama Canal Authority’s (Autoridad del Canal de Panamá) powers over water resources in the Panama Canal Watershed under Art. 316 of the Constitution of the Republic (Constitución Política de la República).

The proposed principles include progressive realization, non-regression, health safety, equality, institutional coordination, sustainability, participation, and transparency. The guarantees cover sufficient water suitable for drinking and hygiene, accessible services, adequate sanitation, and priority assistance during emergencies. The State would have duties to respect access, protect it against third parties, and progressively expand services, while immediately fulfilling its duties concerning nondiscrimination and public health protection. Authorities would adopt preventive, corrective, and oversight measures against unlawful interference; conduct affecting water resources or services would be subject to penalties under the Constitution (Constitución Política) and existing sectoral legislation.

The Ministry of Health (Ministerio de Salud) would oversee health standards; the Ministry of Environment (Ministerio de Ambiente) would exercise its water resource powers; and the Public Services Authority (Autoridad de los Servicios Públicos) would retain its regulatory and oversight functions. The National Water Supply and Sewerage Institute (Instituto de Acueductos y Alcantarillados Nacionales), Rural Water System Administrative Boards (Juntas Administradoras de Acueductos Rurales), municipalities, and other authorized providers would operate systems within their respective powers. Providers would submit georeferenced inventories of treatment plants and raw water intakes to the Ministry of Environment for inclusion in the National Environmental Information System (Sistema Nacional de Información Ambiental). The Ministry of Health would submit a georeferenced register of rural boards to support their gradual formalization.

Supply could be interrupted only for maintenance, unforeseen repairs, nonpayment subject to statutory exemptions, or natural emergencies. Providers would give at least five calendar days’ notice of maintenance; for breakdowns or force majeure, they would notify the public upon learning of the incident and update available information. Progressive expansion of coverage, continuity, and quality would follow the National Water Security Plan. The Citizens’ Advisory Council on Water and Sanitation (Consejo Consultivo Ciudadano del Agua y Saneamiento) would be established as a nonbinding advisory body attached to the National Water Council (Consejo Nacional del Agua). Authorities would disclose certain national plans and projects so that comments could be submitted within a maximum period of thirty calendar days.

Rates would remain governed by sectoral legislation and could be supplemented by subsidies for vulnerable populations. The bill provides for monitoring, accountability, incentives for responsible water use, and investment plans that institutions may incorporate into their draft annual budgets, prioritizing vulnerable communities. The National Water Council would coordinate institutional action, and the National Water Security Plan would serve as the governing strategic instrument. The Executive Branch (Órgano Ejecutivo) would issue implementing regulations within no more than six months after promulgation, and the law would take effect upon promulgation. Its provisions concern water and sanitation providers, communities, civil society organizations, and sectors involved in water management in the Republic of Panama (República de Panamá).