Environmental Engineering Reference
In-Depth Information
plans, programmes and actions. Art 70 requires that each body of the Civil Service
should establish a formal and specific method of participation for people and organ-
isations, which it must update and publish through electronic or other means.
8.2.4
IWRM
8.2.4.1
Adopting a Basin Approach
The Treaty between Argentina and Chile on the Environment (DS N°67) states that
both parties are concerned about the deteriorating state of the global environment,
recognising the need for joint action on environmental protection. Specifically, the
Protocol on Shared Water Resources provides for the integrated management of
watersheds on shared waters that drain across or overlap the national borders of the
two countries (Art 1, 4). Beyond this, the legislative framework in Chile does not
take account of IWRM 2 or even water resources management, with the Water Code
providing for the allocation of water rights. During the Bachelet period a set of
IWRM projects were piloted in three different basins (Dourojeanni 2010 ) , which
were criticised as being weak at the time, but have not been prioritised in the Piñera
government. However, the Water Code does provide for the establishment of Junta
de Vigilancia (Art 186), which although it does not prescribe a basin approach, does
allow for the formation of user communities sharing canals, reservoirs or aquifers
(though as separate sources).
8.2.4.2
Water Allocation and Prioritisation Measures
Water is treated as any other property right, for which there can be a one off pay-
ment, and then allocation of this resource will be corrected through the market for
it. There is, therefore, no legal preference for one use over another, as a 'first come,
first served' rule is in place. The only exception is during official periods of drought
(Water Code, Art. 314), when there is an official intervention in a river basin (but
not as soon as a scarcity zone has been declared). However, the water market is
deemed to be inactive outside of the southern regions of Chile and therefore inop-
erative (Dourojeanni and Jouravlev 1999 ). At present, water rights holders pay a
one off fee for the initial purchase of a water right, and afterwards pay for the costs
of distribution, operation and maintenance of the infrastructure, according to their
amount of rights (whether to a utility as a domestic consumer, or as a farmer to the
Junta or the Canal Association). However, beyond these costs, there is no on-going
2 Except for the last amendment of the Environmental Law (Law N° 19.300) in January 2010 that
introduced the Strategic Environmental Assessment. It establishes that it is subject to, among other
requirements, integrated watershed management. Therefore, the Chilean counterpart is obliged
always to make a Strategic Environmental Assessment according to article 7 bis.
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