Regulatory framework
Among its priorities is the registration and regularization of water rights, both surface and underground. Published in April 2022. Prioritizing human consumption, domestic subsistence use (water that a person extracts for personal consumption, drinking for their animals or horticultural crops) and sanitation, along with ensuring harmony and balance between the function of ecosystem preservation and the productive function that water fulfills. The axes of this reform are 4: right to water and sanitation that prioritizes human consumption, ecosystem preservation, governance and territorial management, sustainable production and water efficiency, imposing demands on both users of waters as well as the General Directorate of Water (DGA) of the Ministry of Public Works.
The DAA are exercised proportionally to the real and instantaneous flow of the respective channel, which is variable (aliquot, pro rata or shift distribution system). The DAA can be consumptive and non-consumptive. This distinction and, in particular, the concept of non-consumptive use, was incorporated with the objective of facilitating the development of hydroelectricity in the upper parts of the basins without affecting the existing uses downstream of the river. This is because, when the CA came into force, most of the surface waters in the central and northern parts of Chile had already been granted to consumptive uses. Consumptive rights are those that empower the owner to use or consume all water; Non-consumptive ones are those that allow water to be used without consuming it. In the case of non-consumptive uses, the extraction or restitution of water must be done without prejudice to the rights of third parties established over the same water, in terms of its quantity, quality, substance, opportunity for use and other particularities.
It allows the private sector to obtain subsidies to access infrastructure and technical irrigation systems with a view to modernizing agriculture and increasing its international competitiveness. (i) it guarantees water security; (ii) promotes efficiency in water use; (iii) incorporates and maintains irrigated agriculture in dryland areas; (iv) promotes food sovereignty and security; (v) continuous improvement of irrigation systems; (vi) adaptation to climate change; (vii) sustainable and equitable rural and territorial development; (viii) ecosystem conservation. Includes Nature-Based Solutions (NBS) with “Actions to protect, sustainably manage and restore natural or modified ecosystems that effectively address societal challenges such as climate change, food and water security or disaster risk.” and adaptive, while providing benefits for sustainable development and biodiversity, it sets new statification guidelines under a new criterion: the annual income from sales and services of the applicants, including all their related entities.
Only those farmers who have annual sales income less than or equal to 50,000 UF may apply. In addition, the maximum bonus for small farmers increases from 90% to 95% of the total cost of the project, increasing the bonus amounts from 400 UF to 1,000 UF for individual projects. It establishes new conditions for the allocation of resources such as, for example, projects that incorporate new irrigation surfaces in prohibition zones or with declarations of exhaustion will not be able to access the benefits. It will also be required to certify that the law on Native Forest Recovery and Forest Development is complied with, with validation from CONAF. The law establishes new conditions for the allocation of resources, such as, for example, projects that incorporate new irrigation surfaces in prohibition zones or with declarations of exhaustion will not be able to access the benefits. It will also be required to certify that the law on Native Forest Recovery and Forest Development is complied with, with validation from CONAF.
In terms of environmental sustainability, the law will subsidize projects with accompanying investments that consider environmental objectives (for example, promoting water savings, wastewater reuse, biodiversity conservation, etc.). In addition, off-property projects may be required to contemplate measures to mitigate the environmental impacts that they may produce, such as watering holes for wildlife, aquifer recharge systems, or others. ; sp ; sp ; sp ;
Institutional Framework
Install a new development model focused on the protection of the environment and the well-being of people, based on the implementation of Just Socio-Ecological Transition processes and the incorporation of a transversal ecological approach in the management and public policy cycle of the State.
Private organizations that are not part of the State Administration. Despite this, in particular the JdV, exercise powers, functions and powers that could be classified as public in this sector. They are different from other water user organizations, since all their powers and legal powers refer to water as a public good regulated especially by the CA. Among the main activities of the JdV are: (i) Administration of water volume extractions (power of distribution); (ii) Surveillance (police power itself); (iii) Sanction for violators of water administration measures (sanctioning power); (iv) Forced execution of their decisions (self-executing power).
Addresses the quality of water for irrigation, training actions linked to water quality in the food chain; evaluation and communication of safety risks associated with water quality; review of regulations of countries of interest to Chile for export, in matters of water quality.
Develop and promote risk transfer tools for the forestry and agricultural sector, and administer state subsidies to insure producers against adverse climate events; (ii) Strategic products or services: Insurance that covers climate-related risks associated with: dry land drought, excessive or untimely rain, frost, wind, hail and snow.
(i) Competencies: Manage information and knowledge about natural resources (including water resources) useful for decision making; (ii) Strategic products or services: Diagnostics, applied research, projects and studies; (ii) Information Center for Natural Resources and Productive Resources (includes irrigation) and digital library (Irrigation and Drainage collection, Water Resources collection)
Prepares policies, planning and programs for the irrigation sub-sector, which corresponds to the largest use of water in Chile. The CNR is made up of a Council of Ministers (made up of the ministers of Agriculture, Economy, Development and Reconstruction, Finance, Public Works, and Planning) to coordinate the institutions involved in irrigation and drainage; and an Executive Secretariat, which carries out studies and executes programs and projects with the purpose of presenting proposals to the Council of Ministers.
Competencies: Sustainable management of forest ecosystems and associated components of nature, through the promotion, establishment, restoration and management of forests and xerophytic formations; the increase in urban trees; mitigation and adaptation of the effects of climate change; the supervision of forestry and environmental legislation; the protection of vegetation resources and the administration of the State's Protected Wild Areas. The National Program for Watershed Management and Soil and Water Conservation stands out; (ii) Strategic products or services: Native Forest Research Fund (FIBN), National Strategy for Climate Change and Vegetative Resources (ENCCRV), “+Forests, together against climate change” Project, “Land Use Cadastre” Project and Vegetable Resources of Chile”
Competencies: Design, operate and manage programs and instruments to promote innovation in the water field, particularly considering the strategic challenge of water efficiency and adaptation to climate change; (ii) Strategic products or services: Financial incentives, information, training and networks. National Call for Projects – Innovation Challenge Water efficiency and adaptation to climate change
Contribute to the development of peasant family agriculture by promoting irrigation and the adoption of technologies for the optimal use of water; (ii) Strategic products or services: Peasant Irrigation Program (Intrafarm Irrigation Program –PRI; Associative Irrigation Program –PARA; Minor Works Program –PROM; Legal Water Bond –BLA)
Competencies: Manage research and technology transfer. It addresses an area of sustainability and the environment, within which it considers a line of research in Sustainable management of water resources and Climate risk management; (ii) Strategic products or services: Various research projects in the Climate Change and Water Management axis
Competencies: Create and transfer scientific and technological knowledge for the sustainable use of forest resources and ecosystems. Within the research area of Inventory and Monitoring of Forest Ecosystems, it has lines of work in Adaptation and mitigation to climate change, Forest and Water; (ii) Strategic products or services: Various research projects.
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Protect the quality of water and soil, participate in the Environmental Impact Assessment System (SEIA), conserve soil and water for agricultural purposes, through irrigation; (ii) Strategic products or services: Delegated functions of the CNR in the application and compliance of Law 18,450 on the Promotion of Irrigation and Drainage.
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Reduction of the impact of climatic and natural events that affect forestry and agricultural systems, response to agricultural emergencies, strengthening of producers' adaptation capacities, articulation and coordination of efforts of MINAGRI services and integration of public and private actors involved; (ii) Strategic products or services: National Agroclimatic Network (RAN), Agroclimatic Observatory, and various information and training actions on agroclimatic risk management, studies and related projects.
Competencies: Collaborate in the development of policies and plans for the forestry and agricultural sector; provide regional, national and international information; advise the minister and undersecretary. Cross-sectoral coordination in sustainability and climate change matters, including water matters, emerges as a relevant role; (ii) Strategic products or services: Agricultural and Forestry Census, Fruit Cadastre, various ministerial and public-private coordination bodies
It is in charge of the General Directorate of Water (DGA) and is the State agency in charge of ensuring balance and harmony in the use of terrestrial waters, promoting and strengthening its governance, safeguarding its preservation and availability in quality and quantity for a sustainable, resilient, inclusive, participatory development with a gender perspective, caring for people and improving their quality of life.
Its functions are indicated in the D.F.L. No. 850 of 1997 of the Ministry of Public Works and referred to those conferred by the Water Code, D.F.L. No. 1,122 of 1981 and the D.F.L. MOP No. 1,115 of 1969. These functions are exercised through its organization, in the Divisions of: Studies and Planning, Hydrology and Legal; the Departments of: Water Resources Administration, Conservation and Protection of Water Resources, Administrative and General Secretariat, Development and Management of People, Supervision, User Organizations, Water Resources Information, Information Technologies and the Units of: Glaciology and Snow and Internal audit
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Irrigation and channel management infrastructures (related to the functions of the DGA), but also primary rainwater infrastructure, flood control, and infrastructure for rural health services that do not concern the DGA. In the case of concessioned projects, this function passes to the Concessions Coordination of the same Ministry.
It is responsible for preventive control of the legality of various acts in the judicial system. This may include the constitution of DAA and declarations of reduction, prohibition, restriction, depletion and shortage.
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It is responsible, through its Regional Environmental Assessment Directorates, for managing, promoting and facilitating citizen participation in the evaluation of projects, which is carried out before the final environmental qualification Environmental Qualification Resolution (RCA) of the projects by a commission made up of different ministries
Mandated to advance a short, medium and long-term roadmap to face the challenge of the water crisis and in the articulation of immediate actions that allow facing the risk of water and energy rationing, the requirements of rural drinking water, of the small peasant agriculture and productive activities, as well as ecosystem preservation.
According to the United Nations (UN), Chile is among the 10 countries most vulnerable to the effects of the climate crisis, as it meets seven of the nine criteria established in the United Nations Framework Convention on Climate Change. Chile is the country most affected in Latin America by the water crisis, with a drought that impacts 72% of its surface, and also where 156 of its 345 municipalities are at risk of desertification, a threat that could affect 38% of the population.
Chile
Ministry of environment
water code
Irrigation law
Links of interest:
Faced with this scenario of climate change, water and sanitation companies have been deploying a series of projects and new infrastructure that have allowed the supply of cities to remain unchanged, despite more than 14 years of deep drought and increasingly extreme and intense climatic phenomena, such as turbidity in the rivers that supply the cities, fires, floods and alluviums, all of which the sanitation companies have to deal with.