Regulatory framework
This is the highest-ranking legal standard in the country. According to it, drinking water and sanitation are fundamental human rights; therefore, these resources must be managed sustainably and the environment must be protected, as this can impact water quality. Therefore, projects carried out must demonstrate that they do not affect the sustainability of the resource; otherwise, they would be violating the standard. It also establishes that all water (surface water, groundwater, soil moisture, springs) are in the public domain, with the exception of stormwater.
LINK
In addition to establishing national water policy, it specifically sets out the powers of the executive branch in relation to water. It regulates both natural and civil easements.
Their objective is to prevent water erosion of soils, the most significant environmental problem associated with agricultural production. This causes damage not only to the soil itself, which erodes, but also to the landscape sites where sediments are deposited and to the aquatic ecosystems to which the soil is exported.
LINK
These are contracts between the public administration and a private entity that is entrusted with the design, construction, operation, and financing of a specific infrastructure project.
Although this law does not explicitly mention irrigation activities in agriculture, it provides that the productive sustainability of the soil resource must be protected as a non-renewable good, not authorizing activities that cause water or soil degradation, or incompatibilities with other types of most beneficial use for soil or water.
This law establishes the guiding principles of the National Water Policy in compliance with the second paragraph of Article 47 of the Constitution of the Republic.
The National Water Plan is a technical policy instrument for water planning and management that takes into account the various uses of this resource. It was approved by Executive Decree 205/017 of July 31, 2017. Since its approval, Uruguay has had a National Water Plan for the first time, as established by the National Water Policy Law of 2009 (Law No. 18,610).
The Sanitation Plan is a planning tool that identifies and systematizes the actions necessary to ensure that by 2030, the entire population of the country has access to adequate sanitation. Approved by Decree No. 014/2020 in January 2020, it aims to coordinate the actors and resources necessary to achieve universal access to sanitation and explicitly proposes a paradigm shift to visualize the range of solutions that will make universal access viable, addressing the particularities of each situation throughout the country.
It is a system of agreements, commitments, objectives, goals, and working methods. It was developed on the understanding that the country deserves to be considered in a comprehensive manner and that the policies implemented should have the necessary continuity over time, act in convergence, and be synergistic with each other. It is the result of work carried out during 2009 by specialized technicians, national and departmental government officials, and representatives of productive sectors and civil society.
In October 2022, a 90-day state of emergency was declared for livestock, dairy, horticulture, fruit growing, and agriculture due to water and fodder shortages. This measure takes into account complaints from producers, climate studies, and information from departmental governments, among other sources. The prevailing drought and the prevalence of the so-called La Niña climate phenomenon are affecting winter crops and the start of the southern summer crops. They are also affecting pastures and livestock feed. In September 2023, the Ministry of Livestock, Agriculture, and Fisheries again extended the agricultural emergency measures due to water shortages until the end of the year (December 2023) in order to continue credit assistance instruments to address the effects of the drought. Some of the measures that will remain in force are soft loans negotiated with the Central Bank, deferral of rent payments at the National Colonization Institute, and a discount on monthly electricity bills.
The Agricultural Emergency is extended for the livestock, dairy, horticulture, fruit growing, and agriculture sectors throughout the national territory for a period of 90 (ninety) days from January 23, 2023, including beekeeping, poultry farming, and forestry.
Declaration of an Agricultural Emergency for the livestock, dairy, horticulture, fruit growing, agriculture, beekeeping, poultry farming, and forestry sectors throughout the national territory for a period of 150 (one hundred and fifty) days from April 24, 2023. The declaration includes the provision of soft loans for farmers, reductions in electricity rates, and incentives for the adoption of sustainable practices, among other measures.
The purpose of this law is to establish the legal framework for fishing and aquaculture, with the aim of ensuring the conservation, management, sustainable development, and responsible use of hydrobiological resources and the ecosystems that contain them within the national territory and in the waters, both continental and maritime, over which the State exercises its sovereignty and jurisdiction.
Law 18,083 of December 27, 2006, modified the tax system, establishing a comprehensive income tax system and introducing, among other changes, the Personal Income Tax. This decree regulated the 50% tax exemption on the minimum contribution required for family-based rural enterprises and businesses registered with the Social Security Bank (BPS). This is a mandatory discount that guarantees family producers linked to these family businesses the right to health services and public pension benefits.
The strategy focuses on sustainable agro-industrial development and seeks to improve the sector's performance at various levels. Its main objective is to increase agricultural productivity in a sustainable manner, promote social inclusion, and contribute to long-term economic growth. SENDA establishes six fundamental strategic dimensions: international integration, logistics infrastructure, sustainability of agroecosystems, productive and social development, information technologies for agriculture, and institutional capacities. In the area of international integration, the aim is to improve access to global markets through trade negotiations and strengthening the country's health status. In terms of infrastructure, priority is given to improving logistics and decarbonizing transportation to reduce costs and promote sustainability. On the other hand, productive development ranges from risk management to the inclusion of gender policies and support for family farming, encouraging innovation and technology transfer. The strategy also emphasizes the importance of strengthening the institutional capacities of the MGAP, including improving the management and design of public policies, as well as establishing working groups between the public and private sectors to resolve coordination issues. In addition, the incorporation of information technologies seeks to optimize production processes and simplify procedures through interoperable systems.
The climate-smart agriculture strategy focuses on sustainable practices such as soil conservation and grassland management. The soil conservation policy uses direct seeding and a national plan that reduces erosion by up to 80%, aligning with the goal of intensifying production in a sustainable manner. This strategy seeks a triple win: increasing productivity, improving resilience to climate change, and reducing the intensity of greenhouse gas emissions, addressing sustainability challenges in agricultural production. In addition, efficient water management is a fundamental pillar of the strategy. The MGAP promotes supplemental irrigation and the construction of water reserves, backed by legal changes and incentives for responsible water use in agriculture. These measures are designed to reduce the vulnerability of production systems to climate variability and optimize water resources, thus ensuring resilient and sustainable agricultural production in the context of climate change.
Strategic framework that establishes the vision, mission, and objectives for the conservation and sustainable management of native forests in Uruguay until 2030, led by the General Forestry Directorate. The strategy seeks to conserve and sustainably manage native forests and their biodiversity to provide multiple environmental goods and services. It establishes six strategic pillars that include legal, institutional, environmental, economic, protection/restoration, and sociocultural aspects. It coordinates efforts between civil society, the private sector, and the public sector at the local, departmental, national, and international levels.
The National Water Policy Act establishes principles and guidelines for the integrated and sustainable management of water resources in Uruguay, recognizing water as a fundamental human right and an essential resource for life. It defines instruments for the planning, management, and monitoring of water resources, prioritizing universal access to drinking water and sanitation, citizen participation, and protection of the water cycle. It promotes institutional coordination, scientific research, and equity in water use. The law guarantees environmental sustainability and compliance with international standards in water management.
Regulatory framework declaring the use and conservation of soil and surface water for agricultural purposes in Uruguay to be of national interest. It establishes the obligation of all citizens to collaborate with the State in the conservation, use, and proper management of these resources. It determines that owners of agricultural operations must apply techniques specified by the Ministry of Livestock, Agriculture, and Fisheries to prevent soil erosion and degradation. It provides for penalties for non-compliance and establishes joint liability for the property owner. It defines a regulatory approach for the sustainable management of natural resources in agricultural production.
Regulatory tool that establishes plans for the responsible use and management of soils for dairy production in the Santa Lucía River basin in Uruguay. It determines specific crop rotations for dairy production that do not cause soil loss through erosion above tolerable levels. It includes a chemical and organic fertilization management program to control phosphorus levels in the soil. It requires all dairy producers in the basin to submit plans through registered agricultural engineers.
Institutional Framework
The Ministry of the Environment was created by Article 291 of Law No. 19,889 of July 9, 2020, as a State Secretariat with exclusive jurisdiction over environmental matters. Uruguay has had environmental agencies since the creation of the National Institute for Environmental Preservation (INPMA) by Law No. 14,053 of December 30, 1971, although the first ministry responsible for this area was the Ministry of Housing, Land Use Planning, and Environment (MVOTMA), created by Law No. 16,112 of May 30, 1990. The environmental powers assigned by law to the MVOTMA were transferred to the Ministry of the Environment by the law that created it.
Department responsible for promoting the rational use and management of natural resources, with the aim of achieving sustainable development in the agricultural sector and contributing to the conservation of biological diversity.
Exercise the competence attributed by law to the National Directorate of the Environment (DINAMA) and the powers in environmental matters, sustainable development, climate change, preservation, conservation and use of natural resources and environmental planning, which the laws have attributed to it. to the Ministry of Housing, Territorial Planning and Environment (MVOTMA)
The mission of the National Environmental Directorate (Dinama) is to achieve adequate environmental protection by promoting sustainable development through the creation and implementation of instruments aimed at improving the population's quality of life and the conservation and environmentally responsible use of ecosystems, coordinating the environmental management of public entities and working with various social stakeholders.
LINK
On June 8, 1990, Law 16,112 of May 30 of the same year was published in the Official Gazette, establishing the Ministry of Housing, Land Use Planning, and Environment, as well as its powers and responsibilities. Article 3 of the aforementioned law lists the functions that the Ministry must carry out.
The Ministry of Livestock, Agriculture, and Fisheries (MGAP) was created as the Ministry of Livestock and Agriculture by Law on March 19, 1935, while its current name is set forth in Article 301 of Law No. 15,809 of April 8, 1986.
Uruguay has had environmental agencies since the creation of the National Institute for Environmental Preservation (INPMA) by Law No. 14,053 of December 30, 1971, although the first ministry responsible for this area was the Ministry of Housing, Land Use Planning, and Environment (MVOTMA), created by Law No. 16,112 of May 30, 1990.112 of May 30, 1990.
Since the constitutional reform of 2004 and the National Water Policy Act of 2009 (No. 18,610), the National Water Directorate (DINAGUA) has been promoting sustainable and participatory water management, using river basins as the management unit. To this end, the Regional Water Resource Councils of the Uruguay River, the Merín Lagoon, and the Río de la Plata and its Maritime Front were created as tripartite forums for the management of the country's three large transboundary watersheds. Based on the needs and expressions of interest in the territory, each Council decides on the composition of the Basin Commissions, which are made up of the government, water users, and civil society.
The Regional Irrigation Advisory Boards shall have the following main tasks:
A) Coordinating with users the equitable distribution of available water during periods of shortage.
B) Issuing opinions on new applications for water concessions or extraction permits.
C) Advising on works and measures to be adopted by the authority and by irrigators to increase the availability of water for irrigation and promote its better use.
D) Collaborate with the Ministry of Transport and Public Works in the organization and ongoing updating of a register of hydraulic works located in the area under their jurisdiction.
E) Monitor the use of hydraulic works in the area under their jurisdiction and, where appropriate, report any violation of the rules governing their use to the Ministry of Transport and Public Works.
F) Advise on the possible establishment of shifts for the collection of public water for irrigation.
G) Any other tasks assigned to it by the Executive Branch related to its technical expertise.
They are advisory bodies to the water authority and their responsibilities include:
• Formulating the Regional Water Resources Plan and monitoring its implementation.
• Coordinating between national, regional, and local actors involved in water issues.
• Promoting and coordinating the formation of Basin and Aquifer Commissions.
• Advising and supporting water management.
• Watershed and Aquifer Commissions.
• Formulating guidelines for local water resource plans.
• Promoting the strengthening and effective exercise of the right to citizen participation recognized in Chapter VI of the National Water Policy Law.
• Propose general criteria for granting water use rights and for charging for their use.
The National Council for Water, Environment, and Territory, operating under the Ministry of the Environment and composed of representatives from the government, users, and civil society, is responsible for developing a national plan for drinking water and comprehensive sanitation, which is reviewed periodically.
The Water and Sanitation Advisory Commission (COASAS) is a tripartite body composed of representatives of the State, water users, and civil society, whose mission is to advise the Executive Branch on water and sanitation issues at the national level.
The Honorary Advisory Commission on Irrigation shall have the following duties:
A) To advise the Executive Branch on the granting of promotional benefits and the setting of rates referred to in Articles 23 and 22 of this law, respectively.
B) To advise the Executive Branch, at its request, on matters relating to the execution and operation of hydraulic irrigation works.
C) Coordinating the actions of the various competent bodies in the matter referred to in this law in the manner established by the regulations.
They can obtain financing and subsidies
· They have access to tax benefits such as income tax exemption, special treatment for accounting amortization of the work, deduction of consulting expenses one and a half times for tax purposes.
· Additional benefits in the event that the projects qualify under the Investment Promotion Law.
· They are limited to use, handling and exploitation in accordance with current laws).
Provides drinking water services throughout the country and sanitation services throughout the country except for Montevideo.
Between 2022 and 2023, the agricultural sector recorded losses equivalent to 3% of national GDP, some US$1.88 billion. The water deficit also left Paso Severino, the main source of drinking water supply for the metropolitan area, dry, causing an unprecedented supply crisis. 1.7 million people were affected, especially between April and August 2023, by the deterioration of running water that became salty and undrinkable.despite being watered by rivers, streams and creeks, Uruguay lacks an alternative source to supply drinking water to half of its population.
Uruguay
Links of interest:
During the crisis, the authorities decided to draw water from the Rio de la Plata, which is saltier due to the oceanic influence, so as not to cut off the supply. In Uruguay, the variability of rainfall, more frequent droughts and their impact on production have placed the implementation of irrigation at the center of the debate.The crisis occurred just when Uruguay was trying to build a strategy for the future of its economy, beyond beef and soybean exports.