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Ministry of Public Works - Law N°21.586 / Amendment to Law N°21.435 and the Water Code

On July 13, 2023, Law Ley N°21.586, was published in the Official Gazette, which amends Law No. 21.435 (Reforming the Water Code) and the Water Code (“Water Code”).

In essence, the amendments correspond to:

  1. Amendments to Law No. 21.435::

 

  1. Increases the term for registering in the Water Property Registry of the corresponding Real Estate Registry, the water use rights constituted by act of the competent authority, granted prior to this Law, until April 6, 2025.
  2. Increases the term for registering water use rights in the Public Water Cadastre until April 6, 2025.
  3. The expiration that would apply to the rights of use not registered within the above-mentioned term, will not apply to the current uses of water for which the regularization procedure is initiated.
  4. The term of entry into force of the provision on third parties affected in proceedings regulated by the Water Code (first paragraph of article 132) is increased, so that it will be required, after April 6, 2025, that the persons who oppose must be holders of water use rights registered in the Water Property Registry of the corresponding Real Estate Registry.
  5. The term to initiate the procedures for the conformation of the respective Groundwater Communities in those restriction areas or prohibition zones that have been declared prior to the Law is increased until April 6, 2025. After that, the General Water Directorate (“DGA”), will only authorize changes of catchment point in such areas or zones with respect to those persons who have taken part in the process of conformation of the community or join the community subsequently.
  6. Individual registrations of water rights shall proceed from constitutive registrations of user organizations (judicially or extrajudicially), subject to a favorable report from the DGA. A circular of the DGA shall contain the requirements and conditions necessary to request this report.

 

  1. Amendments to the Water Code::

 

  1. Any request to improve or complete the essential elements or characteristics of the title to the water use right (including those determined by resolution of the Agriculture and Livestock Service) shall be submitted to the DGA, through the general procedure established in article 130 and following of the CdA.

For those who have already initiated the process of improvement in court, they may voluntarily submit to the administrative procedure, withdrawing or waiving their claim in court.

Should you require additional information on this matter, please contact Javier Naranjo jnaranjo@jdf.cl; Martín Esser, messer@jdf.cl.

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