On January 15, 2026, Exempt Resolution No. 5,357, dated December 30, 2025, was published in the Official Gazette, by which the General Water Directorate (Dirección General de Aguas, “DGA”) establishes the list of water use rights subject to payment, for the benefit of the Treasury, of the non-use fee for water resources, corresponding to the 2026 process.
Within this process, it is necessary to consider the following deadlines:
- Deadline to challenge the resolution through a motion for reconsideration or an administrative/judicial claim: February 26, 2026.
- Deadline to comply with the payment obligation without surcharge: March 31, 2026.
- Commencement of judicial proceedings for collection of the fee: June 2026.
It is important to note that, with the entry into force of the reform to the Water Code (Law No. 21,435), non-use fees will double every five-year period. In addition, water rights included in this list that remain unused for a certain period, depending on their nature, will be subject to extinction proceedings.
Should you require further information on this matter, please contact: Javier Naranjo (naranjo@jdf.cl); Martín Esser (messer@jdf.cl); Andrea Gallyas (agallyas@jsd.cl); Javiera Rodríguez (jrodriguez@jdf.cl); Josefina Ossa (jossa@jdf.cl); and/or María Paz Valenzuela (mpvalenzuela@jdf.cl).
