Official Newspaper. Year Cxxxviii. N. 44893. 7, August, 2002. Pag. 104

OFFICIAL NEWSPAPER. YEAR CXXXVIII. N. 44893. 7, AUGUST, 2002. PAG. 104.

DECREE NUMERO 1729 OF 2002

(August 6)

By which it it is regulated Splits XIII, Title 2, Chapter III of the Decree-Law 2811 of 1974 on hydrographic basins, partially the numeral 12 of the article 5° of the Law 99 of 1993 and other dispositions are dictated.

The President of the Republic of Colombia, in use of their legal and constitutional faculties, especially the ones that confers it the numeral 11 of the article 189 of the Political Constitution,

It DECREES:

I SURRENDER I

General dispositions

Article 1.° Definition of basin. You be understood for basin or hydrographic valley the superficial or subterranean area of water, that pour to a natural network with one or various natural river bed, of continuous or intermittent volume, that flow in a greater course that, at the same time, can flow into in a main river, in a natural deposit of water, in a swamp or directly in the sea.

Article 2.° Delimitación of the basin. A hydrographic basin is delimited for the line of divorce of the water. It is understood for line of divorce the elevation or maximum height that divides two adjacent basins.

When the limits of the subterranean water of a basin coincide not with the line divisoria of water, their limits will be extended subterranean beyond the superficial line of divorce until including that of the acuíferos subterranean whose water flow toward the basin deslindada.

Article 3.° Of the use. The use of the natural resources and other environmental elements of the basin, will be carried out with subjection to the general principles established by the Decree-Law 2811 of 1974, Law 99 of 1993, its regulation norms and the arranged thing in the present Decree.

I SURRENDER II

Of the ordering

Article 4.° Purposes, principles and guidelines of the ordering. The ordering of a basin considers main object the planning of the use and sustainable management of its renewable natural resources, so that manage to maintain himself or to re-establish an adequate equilibrium among the aprovechamiento economic of such resources and the conservation of the structure physical-biótica of the basin and particularly of its water resources.

The ordering thus conceived constitutes the framework to plan the sustainable use of the basin and the execution of programs and specific projects directed to conserve, to preserve, to protect or to prevent the deterioration and/or to restore the hydrographic basin.

The ordering of basins will cause keeping in mind, among others, the following principles and guidelines:

1. The character of special protection of the zones of pair, subpáramos, births of water and zones of recarga of acuíferos, by being you considered areas of special ecological importance for the conservation, preservation and recovery of the renewable natural resources.

2. The areas to that refers the literal previous one, are of public utility and social interest and therefore should be object of programs and projects of conservation, preservation and/or restoration of the same.

3. In the utilization of the water resources, the human consumption will have priority on any another use and should be kept in mind in the ordering of the respective hydrographic basin.

4. Prevention and control of the degradation of the basin, when physical or chemical imbalances exist and ecological of the natural middle that they put in danger the integrity of the same one or any of their resources, especially the water one.

5. Predicting the offering and present demand and future of the renewable natural resources of the same one, included the actions of conservation and recovery of the natural middle to assure its sustainable development.

6. Promoting measures of savings and efficient use of the water.

7. Considering the conditions of threats, vulnerability and environmental risks that can affect the code of the basin.

8. The states hidroclimáticos of the basin in ordering.

Article 5.° Measures of protection. It approved a plan of ordering and management of the hydrographic basin, the respective competent environmental authority or the joint commission that treats the parágrafo 3° of the article 33 of the Law 99 of 1993, according to the case, should adopt in the basin the measures of conservation and protection of the renewable natural resources, predicted in said plan, in development of which will be able to restrict or to modify the practices ofIts aprovechamiento and to establish controls or limits to the activities that be carried out in the basin.

Article 6.° Subjection of the activities al plan. The execution of associated activities with the aprovechamiento and/or affectation of the renewable natural resources of the hydrographic basin, will be held to the arranged thing in the Plan of Ordering and Management of the Hydrographic Basin.

I SURRENDER III

Of the plan of ordering

Article 7.° Competence for its statement. The respective competent environmental authority or the joint commission, according to the case, have the competence to declare in ordering a hydrographic basin; declamatory that will be done inside the twelve following months, cash from the publication of the present decree.

Article 8.° Approval of the plan. The plans of ordering and management of a common hydrographic basin will be approved by means of administrative act by the respective joint commission, in the other cases, by the respective competent environmental authority.

Article 9.° Contained. Every plan of ordering and management should understand the following phases:

a) Diagnostic;

b) Prospectiva;

c) Formulation;

d) Execution, and

And) Monitoring and evaluation.

Article 10. Phase of diagnosis. It is directed fundamentally to identify the environmental situation of the basin, in order to establishing the potencialidades, conflicts and restrictions of the renewable natural resources.

Article 11. Elements of the diagnosis. The diagnosis should contain, among others, the following aspects:

1. Delimitación, extension, locating and environmental situation of the hydrographic basin, especially of the zones of páramo, subpáramos, births of water and zones of recarga of acuíferos.

2. Zonificación environmental of the basin.

3. Characterization physical-biótica, that understands, among others, the following aspects: geographical, hidroclimáticos and biological.

4. Characterization of the cultural and socioeconomic conditions of the population.

5. Inventory and characterization of the renewable natural resources of the basin and of the ecosystems of the same one.

6. Specific inventory of the water resource that contain qualitative and quantitative estimation, temporary distribution of the resource in the territorial environment, which understands, among others aspects: the dynamics of the natural state of the subterranean and superficial water and the quality of the water.

7. Inventory detailed of users and present uses and potentials of the renewable natural resources of the basin, prioritizing it related to the water resource.

8. Identification of the works of existing physical infrastructure in the area of the basin for the petroleum, mining, industrial, among them, farm, domestic and productive activities, dwelling and of services.

9. Decision of the environmental impacts on the renewable natural resources, generated by the aprovechamiento of the natural resources of the basin.

10. Identification of risks, threats and vulnerability.

11. The use conflicts identification of the renewable natural resources and potencialidades of the basin.

Article 12. Phase prospectiva. Based on the results of the diagnosis, the future settings of use will be designed coordinated and sustainable of the floor, of the water, of the flora and of the present fauna in the basin.

Article 13. Phase of formulation. Based on the results of the phases of diagnosis and prospectiva the objectives will be defined, goals, programs, projects and strategies for the Plan of ordering and management of the hydrographic basin.

Article 14. Phase of execution. For the ejecució n of the plan of ordering and management, will devise an operating plan in which the requests of financial, technical, and human resources will be defined to reach the proposed goals.

Article 15. Phase of monitoring and evaluation. Mechanisms they will be established and instruments of monitoring and evaluation, as well as warning environmental and of management that permit to evaluate the fulfillment of the Plan.

Article 16. Content of the plan of ordering and management of the basin. The plan will include, among others, the following aspects:

1. Diagnosis of the hydrographic basin.

2. Settings of ordering of the hydrographic basin.

3. Objective for the management and administration of the hydrographic basin with criteria of sustainability.

4. Priorización and compatibility of the use of the renewable natural resources of the basin especially of the water resource.

5. You program and projects that permit the implementation of the Plan.

6. Strategies (institutional, administrative, financial and economic, among others) for the development of the Plan.

7. Mechanisms and instruments of monitoring and evaluation of the Plan, and warning environmental and of management.

Article 17. Regulatory hierarchy . The norms on management and aprovechamiento of the renewable natural resources predicted in a plan of ordering of a basin, predominate on the arranged general dispositions in another administrative code, in the regulations of currents, or established in the permission, concessions, licenses and other environmental authorizations offered before take effect the respective plan of ordering and management.

According to it predicted in the article 10 of the Law 388 of 1997, the plan of ordering and management of a hydrographic basin constitutes norm of upper hierarchy and determinant of the plans of territorial code.

Article 18. Participation. It declared a basin in ordering, should be put this fact in knowledge of the users of the respective basin through the publication in a national and/or regional newspaper of circulation.

Likewise, in the phase prospectiva, the joint commission or the respective competent environmental authority, according to the case, will put in knowledge of the users of the respective basin, the document on the different settings of ordering of the same one. For this effect, by means of a notice that will be published in a national and/or regional newspaper of circulation, the place will be indicated (s) in which (is) the users of the basin can consult the document and the term that arrange to do its recommendations and observations properly supported. The previous thing, without damage that the joint commission or the respective competent environmental authority, according to the case, adopt other mechanisms of consultation and participation of the users inside the process.

I SURRENDER IV

Of the elaboration and execution of the plan

Article 19. Responsibility. Will be responsibility of the respective competent environmental authority or of the joint commission, according to the case, the elaboration of the plan of ordering of a hydrographic basin.

The coordination and execution of the plan of ordering will be responsibility of the environmental authorities that integrate the joint commission and, in the other cases, of the respective competent environmental authority.

Parágrafo. The joint commission or the respective competent environmental authority, according to the case, will establish the term inside which will devise the Plan of Ordering and management of the basin.

Article 20. Priorización regional. The Joint Commission, or the respective environmental authority, according to the case, will evaluate and will prioritize regionally the hydrographic basins of its jurisdiction, with the purpose to establish the order of preference to declare the ordering, the time limit and goals to comply according to the availability of financial, human, and technical resources. This priorización should remain included in the Plan of Regional Environmental Management and the Plan of Action Trianual.

Article 21. Monitoring and evaluation. The respective competent environmental authority or the joint commission, according to the case, will establish a program of monitoring and evaluation of the execution of the Plan of Ordering of the Hydrographic Basin.

If as result of this process are required adjust al plan, the respective competent environmental authority or the joint commission, according to the case, will proceed to its adoption and implementation.

Article 22. Intervention faculty . The elaboration or execution of a plan of ordering, does not impede to the respective competent environmental authority or to the joint commission, according to the case, so that adopt the measures of protection and conservation that be necessary, to avoid or to stop the deterioration of the renewable natural resources of a basin.

Thus same, the use of the renewable natural resources that be authorized during the elaboration of the Plan of Ordering and Management of the Hydrographic Basin, will have transitory character and should be adjusted to the arranged thing in said plan, once this be approved.

I SURRENDER V

Sources of financing of the plans of ordering

Article 23. Sources of financing of the plans. The financing of the plans of ordering of the hydrographic basins will be done with charge to the following resources:

1. With the product of the vengeful rates, compensatorias and by utilization of water.

2. With the product of the contributions by valorización.

3. With the product of the internal or external loans that the government or the environmental authorities they hire.

4. With the donations that do the environmental authorities, the natural or legal persons, national or foreign.

5. With the resources originating from the 1% that treats the parágrafo of the article 43 of the Law 99 of 1993.

6. With the resources originating from the transfers of the electric sector.

7. And other financial and economic sources that be identified in the financial component of the plan of ordering and management.

Parágrafo 1.°The resources originating from the rate by use of the water will be invested in the formulation and execution of the program of savings and efficient use of the water that is splits integral of the Plan of Ordering and Management of the Hydrographic Basin.

The resources originating from the transfers of the electric sector, they will be utilized keeping in mind the arranged thing in the Decree 1933 of 1994, in it related to the investment object area.

The 1% that it treats the numeral 6 of the present article will be invested according to it established in the decree that to regulate the matter.

Parágrafo 2.°The economic and financial strategy will include the mechanism by means of which they will be administered and they will execute the resources destined to the financing of the plan.

I SURRENDER I SAW

Final dispositions

Article 24. Sanctions. The violation of the arranged thing in the plan of ordering and management of the hydrographic basin, will lead to for the offenders, the imposition of the preventive measures and/or sancionatorias established in the article 85 of the Law 99 of 1993.

Article 25. The Institute of Hidrología, Meteorología and Environmental Studies, Ideam, should establish the criteria and parameters for the classification and priorización of hydrographic basins in the country with end of ordering, in a not greater time limit of six (6) months, cash from the date of publication of the present decree.

Thus same, in the time limit indicated in the previous clause, the Ideam will formulate a guide that contain the technical-scientific aspects that permit to the respective competent environmental authority or the Joint Commission, according to the case, to develop the phases established for the ordering of the basins.

Parágrafo. In the meantime the Ideam comply with the arranged thing in the present article, the Joint Commission or the respective competent environmental authority, according to the case, should revise the plans of ordering and management of the hydrographic basins in force, with the purpose to adopt the necessary measures to adjust them according to the arranged thing in the present decree.

Article 26. Force. The present decree governs from the date of their publication and abrogates the Decree 2857 of 1981, the clauses 2°, 3° and 4° of the numeral 1 of the article 8° of the Decree 1933 of 1994 and the other dispositions that opponents be it.

Publíquese and be complied.

It given in Bogota, D. C., to 6 of August of 2002.

ANDRES PASTRANA ARANGO

The Minister of the Environment,

Juan Mayr Maldonado.