Public administration of water

administracion-aguas1 .- The distribution of powers between the State and its Regions

For basin means the area of land which flows through streams and rivers to the sea and river basin land and marine area consisting of one or more neighboring river basins.

In connection with public water and under the powers conferred by the Constitution, the State shall, in particular the following functions:[:]

a. Water planning and implementation of state plans for water infrastructure projects.

b. The granting of licenses relating to public water and protect this, in watersheds that exceed the territorial scope of a single autonomous region.

The State, therefore, under the water, has a role in ensuring inter-regional solidarity on water, both for the national water plan by the government of the watersheds that flow through more of a community.


The regions, meanwhile, the government will fall entirely watershed through its territory.

 2 .- The National Water Council

It is the top advisory body on the matter and issue mandatory reports on matters such as approving the National Water Plan or the account hydrological plans. In addition, the government may propose to the lines of study and research on water.

 3 .- The basin organizations

In watersheds that exceed the territorial scope of an autonomous region shall consist of basin organizations.

Basin organizations, including the designation of Hydrographic Confederations are autonomous bodies under the Ministry of Environment. Its territorial comprise one or more undivided watershed, with the only restrictions being international borders.

The functions of basin organizations:

a) The development of river basin management plan and monitoring and review.

b) The management and control of public water.

c) The granting of permits and concessions concerning public water, except those relating to works and activities of general interest of the State, which correspond to the Ministry of Environment.

d) Inspection and enforcement of the terms of concessions and authorizations relating to public water.

 4 .- The user communities

Water users and other property in the public water of the same or grant-making must be established user communities. When the disposition of the waters was mainly irrigation, irrigation communities are called. Other user communities are the aquifers, communities pooling of surface water and groundwater or landfill user communities. The organization and operation of user communities are governed by the statutes, ordinances adopted by users and by the basin agency, and if by habit. The statutes and ordinances may also establish violations and penalties.


The user communities have the character of public law corporations, assigned to the basin agency, which will ensure compliance with statutes or ordinances and for the good order of use. Debts to the user community by spending maintenance, cleaning or improvements and any other by reason of the administration and distribution of water, farm or industry taxed in favor of which were made, the user community may require the amount by the administrative measures of constraint, and prohibit the use of water until they are satisfied, even if the farm or industry had changed hands. The same criterion when the debt will come from fines and restitution imposed.

The bodies of user communities are:

a) Assembly, formed by all users

b) The Governing Board, responsible for community management and the implementation of ordinances and agreements of the assembly. The resolutions of the general meeting and the governing board, within the scope of its powers, shall take effect without prejudice to its possible challenge by appeal to the Agency of the basin.

c) The jury responsible for hearing issues of fact raised by the users of the community in the area of the ordinances and impose penalties on violators regulations and determining claims that may arise from the infringement. The procedures are public and verbal in a manner determined by custom and regulation. Its rulings are enforceable.

-Alejandro 7 de noviembre de 2009