LEY 17752 LEY GENERAL DE AGUAS PDF

Also, the General Law of Water (Decree N° ) (Ley General de Aguas, Decreto Ley N. ) states that these limits should be revised periodically. () Ley de Consulta Previa, No. () for Water Código del Agua, Ley General de Aguas, No. () Ley de Recursos Hídricos, . Art. , Decreto Ley /69, Peru. Paragrafo V, Directiva General nro. 14/76 O.S.P.A Art. , Ley Forestal de Aguas y Suelos de Venezuela.

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The coastal area of Peru, with most of economic activities and more than half of the population, receives only 1.

Economic and population growth are taking an increasing toll on water resources quantity and quality, especially in the coastal area of Peru. The government of Peru is currently undertaking a major transformation of its water resources management from a centralized approach focused on irrigation development in the coastal area to a river basin integrated water resources management for the entire country. The second half of the 20th century witnessed heavy public investments in dams in the Andes and associated irrigation infrastructure in the coastal region.

For example, in the s and s, the San Lorenzo dam and Tinajones dam, the largest Peruvian dams, were built in the northern coastal region. Its lead role was confirmed by the General Water Law No. However, other laws—such as the General Hydrocarbon Law DLthe General Mining Law DS EMthe Law for Electricity Concessions DL —also dealt with water resources on a sectorally fragmented basis within a centralized administrative system that gave little or no ahuas power to stakeholders at the local level.

There was no legal basis for integrated water resources management at the level of each river basin, and consequently there were no institutions to implement such an integrated management. This let to change in the early s with the approval of a Decentralization Df, a Regional Government Law and a Municipalities Law. In the government began transferring powers to the newly created regional governmentsincluding for water quality management and the operation and maintenance of major public infrastructure, despite the limited institutional capacity of regional governments.

A draft national water resources management strategy prepared in Estrategia Nacional para la Gestion de los Recursos Hidricos Continentales del Peru aimed at promoting integrated water resources management through a new institutional and legal framework. Implementation of the law and the creation of basin-level institutions with meaningful capacities and enforcement ly still remain a challenge. Peru has a large amount of water resources, with river basins and a per capita availability of 68, cubic meters m 3 in According to FAO the long-run average annual rainfall is 1, millimeters mm.

There is significant seasonal variability in river run-offs, two-thirds of which occur between January and April. The Andes divide Peru into three natural drainage basins: According to ANA, the dry Pacific basin, with Its 62 rivers flowing west from the Andes supply the bulk of the water to the coastal region.

External resources of water enter Peru though tributaries of the Amazonin the Atlantic river basin, supplying BCM annually.

There is specific data available only for eight valleys on the coast with 9. Peru has 12, lakes, 3, of which are located in the Pacific basin, 7, in the Atlantic basin, in the Titicaca basin, and 23 in the closed basin of Warmiqucha. According to the inventory, the largest number of lakes in operation were located in the Pacific basin, with lakes and a total capacity of 1, The Pacific basin also has the largest number of studied lagoons, with a total of lakes and a total capacity of Peru also has 23 dams with a total capacity of 1, The Pacific basin has 21 dams in operation with a total capacity of 1, The Pacific basin also has the largest number of studied dams, a total of with a capacity of 17, The Atlantic basin has with a storage capacity of 26, The largest reservoirs are Poechos with a capacity of 1, million cubic metres, Tinajones with million cubic metres, San Lorenzo with million cubic metres, and El Fraile with million cubic metres, all of them in the coastal region.

FAO Fisheries & Aquaculture Peru

The gradual decrease in Peru’s water quality is due to the release of untreated effluents from mining, industries, municipalities and polluted runoff from agriculture. Of the 53 rivers in the coastal area, 16 are polluted by leadmanganese and iron threatening irrigation and potable water supplies. In addition, it severely affects water quality. For example, in July it declared a state of emergency at a mine near Lima over fears that arsenic, lead and cadmium from its tailings dam could pollute the main water supply for the capital.

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Often the exact scope of pollution is a matter of dispute. An example is the Yanacocha mine in the Andes, the largest and most profitable gold mine in Latin America that was created with the support of the International Finance Corporation IFC. According to a report in by an organization called “Project Underground” levels of copper were 10 to 20 times higher than WHO standards and the acidity of the water was extremely high with a pH of 3.

According to local communities, fish and frogs had disappeared from the river, both of which were previously a food supply for the rural communities. But the mine’s rapid expansion has affected farmers: Several irrigation channels have dried up, while extra sediment in rivers has killed trout. In almost all cases, local communities are overwhelmingly opposed to mining because of its environmental impact on their livelihoods. An example are conflicts witnessed in Piura Province since One of the main concerns of local and downstream communities relates to the effects that the mine would have on water quality and quantity.

The company and the central government continued to insist, though, that the mine will go ahead. Progress has also been achieved in the disinfection of drinking water and in wastewater treatment. Non-consumptive water withdrawal for hydropower generation accounts for 11, million m3 per year.

The largest hydroelectric facility in the country is le MW Mantaro Complex in southern Peru, which is operated by state-owned Electroperu. The two hydroelectric plants at the complex generate over one-third of Peru’s total electricity supply. There are 12, lakes and lagoons in Peru, 3, of which are located in the Pacific basin; 7, in the Atlantic basin, in the Titicaca basinand 23 in the Huarmicocha system.

Peru’s wetlands play an important role for rural communities. These wetlands are the leg for animal protein and for totoraa plant used in the artisan production of boats and floating devices.

Legislation Peru (Lexadin)

Estuaries are also fundamental for the reproduction of several marine species that are basic for the fishing industry. Other uses such as industrial production of algae and bird-watching tourism are not yet fully discovered.

In the Government adopted a National Wetlands Conservation Strategy aimed at increasing the area of mangroves, moors, estuaries, and lagoons considered to be protected areas.

Uncertainties about land ownership, industrial pollution, urban sprawl, and deforestation continue to threaten wetland integrity in Peru. However, some institutions foreseen under the law, such as the River Basin Councils, remain to be created. The water law also establishes priority uses of water, re-defines water user rights, understands water as an economic good, defines sanctions, considers river basins as management units and incorporates groundwater management considerations.

It is foreseen that subsidiary legislation reglamentos will complement the water law by specifying, for instance, the roles of each institution within the National Water Resources System. The water law has been criticized by the Peruvian Peasant’s Association claiming that it allows the privatization of water resources, does not involve local and regional governments in decision-making, promotes private operators in drinking water supply who would control water resources.

They also claim that the interests of mining companies, industries and export-oriented agriculture influenced the drafting of the law. Its 14 local branches, called Autoridades Administrativas del Agua, are accountable to the national authority and not to local or regional governments.

The institutional framework for water resources management at national and river basin level is fragmented. However, a number of ministries have sectoral inputs on water resources management: Agriculture for Irrigation, Housing and Sanitation for domestic water use, Trade and Tourism for hot springs and mineral water, Energy and Mining for hydropower and mining operations, and the Council of Ministries for environmental policy and energy and water tariff and services regulation.

The regional government responsibilities poses a challenge for IWRM, since the administrative boundaries of the region do not coincide with those of the river basins. An additional challenge is that the regions are young and lack fundamental technical capacity and human resources to undertake IWRM.

Inthe Peruvian government proposed a National Water Resources Management Strategy, [1] which is currently being discussed and is pending approval. The main objectives are:.

The project aims to strengthen the institutional framework for planning and executing, in a coordinated and coherent manner, activities for the protection and sustainable management of water resources in the Amazon Basin in the face of impacts caused by human action and ongoing climatic changes being experienced in the Basin.

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Water pricing in Peru follows a complex system set out in the water law ofwhich defines three types of fees and two types of tariffs: Tariffs for water distribution include irrigation tariffs and drinking water tariffs.

These are historically the most important types of tariffs. Drinking water tariffs levied by utilities are approved by the national superintendency for water supply and sanitation, SUNASS. Tariffs are low compared to some neighboring countries, such as Brazil and Chile. Water bills are often not paid. See water supply and sanitation in Peru. Irrigation tariffs are collected by water user boards. Water is aguae metered and therefore fees are generak based on area and crop types rather than on volume of water used.

See Irrigation in Peru. All other fees and tariffs have to be approved by the National Water Agency as well as, in the case of abstraction and discharge fees, by the Ministry of Agriculture.

The proceeds are to be used for environmental monitoring, prevention, control and remediation; water resources planning; and the operation and maintenance of infrastructure.

The level of fees is to be differentiated depending on the type of use, taking into account social, economic and environmental factors.

Diferencia Entre La Ley de Recursos Hídricos y La Ley General de Aguas

The Peruvian piedmont and coastline are prone to devastating floods and mudslides, mainly due to heavy precipitation on degraded upper basins, whereas the southern part of the country is particularly prone to droughts. Droughts severely affect the southern coast, producing agricultural losses as well as limitations on human water consumption. Preventive laws and measures related to zoning, deforestation, and so forth are not enforced and there is no reliable early warning system.

The consequence is increasing negative impacts from droughts and floods on the different regions, with an increasing impact on Peru’s economy. Although a thorough assessment of the net impacts on Peru’s water resources is still lacking, some trends are discernible.

The effects of glacier retreat are different at the initial and final stages of glacier retreat—initially more water is available during the dry season, while flow declines below the initial level once the glacier has melted.

See Impacts of Glacier Retreat in the Andes: These ecosystems have unique endemic flora and provide numerous valuable environmental goods and services. These changes have likely contributed to the disappearance of high-altitude water bodies, as well as to the increased occurrence of natural and human-induced mountain fires. In the Piura River Basin there is a i tendency towards increase of the minimum temperature peaks and the average sea level; ii greater probability that the intensity of future El Nino Events will increase; iii there will be an occurrence of an El Nino Phenomena during the — period similar to the one of —; iv a deficit in the balance of water is foreseen during the period —; and v tendency towards lengthier and more frequent drought periods is noticeable.

In the Cordillera Blanca, Santa River Basin precipitations will become the main water resource in view of the severe retreat of the area’s tropical glaciers. Because of the tendencies towards temperature increase, it is expected that the runoff levels will increase until they reach a peak in the first half of the century, to then exhibit a sustained decline in water resources.

The government is currently looking into seawater desalination as a national priority to adapting to decreasing water availability. This project aims at strengthening the institutional capacity for integrated water resources management at the national level and in three river basins namely, Chancay-Lambayeque, Ica-Alto Pampas and Chili.

This project aims at implementing adaptation measures to meet the anticipated consequences of glacier retreat induced by climate change. This project does not include any intervention at the national level. Water resources management is a key element of Brazil’s strategy to promote sustainable growth and a more equitable and inclusive society. Two challenges in water resources management stand out for their enormous social impacts: Water management history and recent development As in many other countries, water resources management in Brazil has historically relied upo