Official Newspaper Not. 43.058 of 11 of June of 1997

LAW 373 OF 1997

(June 6)

Official newspaper Not. 43.058 of 11 of June of 1997

By which the program for the efficient use is established and savings of the water.

<Resumen de Notas de Vigencia>

You NOTE OF FORCE:
1. It modified by the Law 812 of 2003, published in the Official Newspaper Not. 45.231, of 27 of June of 2003, "By which the National Plan of Development is approved 2003-2006, toward a common State".

THE CONGRESS OF COLOMBIA

It DECREES:

I ARTICULATE 1o. It PROGRAMS FOR THE EFFICIENT USE AND SAVINGS OF THE WATER. Regional environmental every plan and municipal should incorporate obligatorily a program for the efficient use and savings of the water. It is understood for program for the efficient use and savings of water the assembly of projects and actions that should devise and to adopt the companies responsible for the installment of the services of acueducto, alcantarillado, irrigation and drainage, hydroelectric production and other users of the water resource.

The Regional Autonomous Corporations and other environmental authorities responsible for the management, protection and control of the water resource in their respective jurisdiction, they will approve the establishment and execution of you said programs in coordination with other autonomous corporations that share the sources that supply the different uses.

I ARTICULATE 2o. CONTENT OF THE PROGRAM OF EFFICIENT USE AND SAVINGS OF THE WATER. The program of efficient use and savings of water, will be five-year and should be based on the diagnosis of the water offering of the sources of provision and the demand of water, and to contain the annual goals of reduction of losses, the educational campaigns to the community, the utilization of superficial water, rains and subterranean, the incentives and other aspects that define the Regional Autonomous Corporations and other environmental authorities,The companies prestadoras of the services of acueducto and alcantarillado, the ones that handle projects of irrigation and drainage, the hydroelectric and other users of the resource, that they be considered convenient for the fulfillment of the program.

PARAGRAFO. Modifíquense the numeral 71.2 and parágrafo 1o. of the article 71 Of the Law 142 of 1994.

In order to guaranteeing the coordination among the functions of the Department of the Environment and the Drinkable Water Regulation Commission and Saneamiento Basic in it concerning the objectives of the program of efficient use and savings of the water, you be modified the composition of the Drinkable Water Regulation Commission and Saneamiento Basic.

The numeral 71.2 of the Law 142 of 1994 will remain thus: Four commissioned experts of exclusive dedication, appointed by the President of the Republic for period of 3 years, reelegibles and not subject to the dispositions that regulate the administrative career. One of them in form rotatoria will exercise the functions of coordinator according to the internal regulation. Al to distribute internally the work among them will be tried that all they have opportunity to lend their services regarding the diverse classes of matters that are competence of the Commission. In every case, one of the experts should show knowledge in environmental matters.

The parágrafo 1o. of the article 71 Will remain thus: to the Drinkable Water Regulation Commission and Saneamiento Basic the Ministers of Health they will belong and Environment. To the Energy Regulation Commission and Flammable Gas will belong the Treasury Minister and Public Credit. The ministers only will be able to delegate their aid in the vice ministers and the director of the National Department of Planning in the deputy Director.

I ARTICULATE 3o. ELABORACION AND PRESENTACION OF THE PROGRAM. Each company responsible for lending the services of acueducto, alcantarillado, of irrigation and drainage, of hydroelectric production, and the other users of the water resource will present for approval of the Regional Autonomous Corporations and other environmental authorities, the Program of Efficient Use and Savings of Water. These environmental authorities should devise and to present al Department of the Environment an executive summary for their information, monitoring and control, inside the six months following cash from the approval of the program.

PARAGRAFO 1o. The responsible companies for the execution of the Program for Efficient Use and Savings of the Water should present the first program the following (12) twelve months from the force of the present law, and for a period that cover to the approval of the following plan of development of the territorial companies that treats the article 31 Of the Law 152 of 1994. The following program will have a horizon of 5 years and will be incorporated al plan development of the territorial companies. The Autonomous Corporations and other environmental authorities should present an annual report al Department of the Environment on the fulfillment of the program that treats the present law.

PARAGRAFO 2o. The investments that be carried out in accordance with the program described, they will be incorporated in the costs of administration of the public utilities of acueducto and alcantarillado and of the other companies usuarias of the resource.

I ARTICULATE 4o. REDUCCION OF LOST. Inside the Program of Efficient Use and Savings of the Water, the Drinkable Water Regulation Commission and Saneamiento Basic will set put annual, to reduce the losses in each system of acueducto. The Regional Autonomous Corporations and other competent environmental authorities will set the goals of the efficient use and savings of the water for the other users in their area of jurisdiction. The goals will be you defined keeping in mind the water balance of the hydrographic units and the necessary investments to reach them.

PARAGRAFO. The presentation of the program and the fulfillment of the goals for reduction of losses will keep in mind for the guarantee of the National Department of Planning and of the Department of Estate and Public Credit and other public companies authorized, in relation to credits and other financial and economic stimuli destined to the execution of projects and activities that advance the companies usuarias of the water resource.

I ARTICULATE 5o. REUSO OBLIGATORY OF THE WATER. The water utilized, be these of subterranean, superficial origin or rains, in any activity that generate affluent liquids, they should be reused in secondary and primary activities when the economic and technical process thus they deserve it and they advise according to the associate-economic analysis and the norms of environmental quality. The Department of the Environment and the Department of Economic Development will regulate in a maximum time limit of (6) six months, cash from the force of the present law, the cases and the types of projects in which the water should be reused.

I ARTICULATE 6o. OF THE METERS OF CONSUMPTION. All the companies that lend the service of acueducto and irrigation, and other users that determine the Regional Autonomous Corporation or the competent environmental authority, arrange of a time limit of a counted year from the force of the present law, to advance a program oriented to install meters of consumption to all the users, in order to complying with it ordered by the article 43 of the Law 99 of 1993 and the article 146 Of the Law 142 of 1994.

The Drinkable Water Regulation Commission and the environmental authorities will be able to exonerate of this obligation to the whose businesses users surpass not on the average the most minimum or basic consumption by them established, according to their respective legal competences.

PARAGRAFO. The endorsement and the cost of installation or construction, as be the case of the corresponding meters, they will be able to be financed by the business prestadora of the service of acueducto, al the same as its maintenance, which will invoice it such costs al user, without damage of it established in the article 144 Of the Law 142 of 1994.

I ARTICULATE 7o. CONSUMPTION BASICOS AND MAXIMOS. It is to owe of the Regulating Commission of Drinkable Water and Saneamiento Basic of the Regional Autonomous Corporations and other environmental authorities, according to its competences, to establish basic consumption in function of the uses of the water, desincentivar the maximum consumption of each user and to establish the procedures, the rates and the measures to take for those consumers that surpass the maximum consumption set.

I ARTICULATE 8o. INCENTIVES TARIFARIOS. The Drinkable Water Regulation Commission and Saneamiento Basic will define a structure tarifaria that encourage the efficient use and of savings of the water, and desestimule its irrational use. The Superintendencia of Home public Utilities, will watch the fulfillment of it established by the Commission.

The Regional Autonomous Corporations and other environmental authorities will define the mechanisms that encourage the efficient use and savings of the water, and desestimulen their use ineficiente.

I ARTICULATE 9o. OF THE NEW PROJECTS. The public companies responsible for offering licenses or permission to advance any class of project that consummates water, they should require that it be included in the provision sources study, the rains water offering and that its use be established if is technique and economically viable.

I ARTICULATE 10. OF THE STUDIES HIDROGEOLOGICOS. To define the viability of the granting of the concessions of subterranean water, the Regional Autonomous Corporations and other environmental authorities will carry out the studies hidrogeológicos, and they will advance the actions of protection of the corresponding zones of recarga.

The previous studies will be carried out, with the technical support and scientist of the IDEAM and Ingeominas.

I ARTICULATE 11. ACTUALIZACION OF INFORMACION. From the force of the present law, all the companies usuarias of the water resource will arrange of a not greater term of six months to send the following information:

a) Name of the company usuaria, political and geographical location where lends the service;

b) Name, geographical location and type of the source or sources where grasp the water;

c) Name, geographical location and type of the source or sources receptoras of the affluent;

d) Abundant annual daily average in liters by second of the source of collecting and of the source receptora of the efluentes;

and) Abundant annual daily average grasped by the company usuaria;

f) Number of users of the system;

g) Abundant consumed by the users of the system;

h) Percentage in liters by second of the losses of the system;

i) Quality of the water of the supplying source, of the efluentes and of the source receptora of these, class of processing required and the system and the frequency of the monitoring;

j) annual Projection of the rate of growth of the demand of the water resource according to uses;

k) Abundant daily average in liters by second, in dry epochs and of rain, in the sources of provision and in the receptoras of the efluentes;

l) Programs of protection and conservation of the water sources;

M) probable Sources of provision and of vertimiento of efluentes that be arranged for future expansions of the demand.

PARAGRAFO 1o. This information will be brought up to date annually by the companies usuarias.

PARAGRAFO 2o. The companies prestadoras of the home service of acueducto will send the previous information al Department of Economic Development in order to maintaining brought up to date the national sanitary inventory. The companies that handle the projects of irrigation and other users of the resource will send to the environmental company that have jurisdiction in the corresponding territory, the information that treats the present article.

All the companies usuarias of the resource will send al Department of Economic Development and to the regional corporations and other environmental authorities the previous information in a maximum time limit of three (3) months, cash from the force of the present law. The Department of Economic Development and the Regional Corporations and other environmental authorities will send al IDEAM this information for their incorporation al System of Environmental Information, in a not greater time limit of a (1) month from the date of their reception.

I ARTICULATE 12. EDUCATIONAL CAMPAIGNS TO THE USERS. The companies usuarias should include in their budget the costs of the educational campaigns and of awareness-raising to the community for the use rationalized and efficient of the water resource.

PARAGRAFO. As support to these campaigns and in development of the numeral 32 of the article 5O. of the law 99 from 1993 the Department of the Environment will celebrate the necessary covenants with the administrative companies of the water resource, to achieve an effective awareness-raising in the efficient use and the savings of the water.

I ARTICULATE 13. You PROGRAM EDUCATIONAL. According to it established in the numeral 9o., of the article 5O., of the Law 99 from 1993 the Department of the Environment jointly with the Department of National Education they will adopt the plans and educational programs and they will adapt the pénsum in the secondary and primary levels of education including themes referred al efficient and rational use of the water.

I ARTICULATE 14. <Artículo derogado por el artículo 137 of the Law 812 of 2003>

<Notas de Vigencia>

- Article abrogated by the article 137 Of the Law 812 of 2003, published in the Official Newspaper Not. 45.231, of 27 of June of 2003.

<Legislación Anterior>

Original text of the Law 373 of 1997:
ARTICLE 14. You be recognized al sweet water an intrinsic economic value, whose cost will be established according to methodology and criteria established by the respective Commissions of Regulation, according to the use that to be given her it, and will be incorporated in the turnover al final user.

I ARTICULATE 15. TECNOLOGIA OF LOW CONSUMPTION OF WATER. The responsible departments for the sectors that utilize the water resource will regulate in a maximum time limit of six (6) months the installation of teams, systems and implementos of low consumption of water for to be utilized by the users of the resource and for the I replace gradual of teams and implementos of high consumption.

I ARTICULATE 16. PROTECCION OF ZONES OF SPECIAL MANAGEMENT. <Artículo modificado por el artículo 89 Of the Law 812 of 2003. The new text is the following one:> In the elaboration and presentation of the program should be needed that the zones of páramo, forests of fog and births influence areas acuíferos and of river stars, they should be acquired or protected with priority character by the environmental authorities, territorial companies and administrative companies of the corresponding jurisdiction, which will carry out the necessary studies to establish their true capacity of offering ofAnd environmental services, to initiate a process of recovery, protection and conservation.

PARÁGRAFO 1O. The resources originating from the application of the article 43 Of the Law 99 of 1993, they will be destined to the protection and recovery of the water resource according to the respective Plan of Code and management of the basin.

PARÁGRAFO 2o. The Department of Environment, Dwelling and Territorial Development, will regulate the creation, operation and composition of the Counsels of Water or Basins in coordination with the Environmental Authorities.

<Notas de Vigencia>

- Article modified by the article 89 Of the Law 812 of 2003, published in the Official Newspaper Not. 45.231, of 27 of June of 2003.

<Legislación Anterior>

Original text of the Law 373 of 1997:
ARTICLE 16. In the elaboration and presentation of the program should be needed that the zones of páramo, forests of fog and births influence areas of acuíferos and of river stars, they should be acquired with priority character by the environmental companies of the corresponding jurisdiction, which they will carry out the necessary studies to establish their true goods offering capacity and environmental services, to initiate a process of recovery, protection and.
PARAGRAFO. The resources originating from the application of the article 43 Of the Law 99 of 1993, they will be destined with exclusive character al achievement of the objectives proposed in the present law.

I ARTICULATE 17. SANCTIONS. The environmental companies inside its corresponding jurisdiction in exercise of the faculties policivas offered by the article 83 of the law 99 of 1993, they will apply the sanctions established by the article 85 of this law, to the companies responsible for lending the service of acueducto and to the users that waste the water, to the managers or directors or legal representatives will apply them the disciplinary sanctions established in the Law 200 Of 1995 and in their regulation decrees.

I ARTICULATE 18. FORCE. The present law governs from the date of their expedition and abrogates all the other norms that opponents be it.

The President of the Senate,

LUIS FERNANDO LONDOÑO CAPURRO.

The Secretary general of the Senate,

PEDRO PUMAREJO FERTILE PLAIN.

The President of the honorable Chamber,

GIOVANNI LAMBOGLIA MAZZILLI.

The Secretary general of the honorable Chamber of Representatives,

DIEGO you LIVE TAFUR.

REPUBLIC OF COLOMBIA - NATIONAL GOVERNMENT

Publíquese and be executed.

It given in Holy Faith of Bogota, D. C., to 6 of June of 1997.

ERNESTO SAMPER PIZANO

The Minister of Economic Development,

ORLANDO JOSE CABRALES MARTINEZ.

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Dispositions analyzed by Legal Advance Marries Editorial Ltda.© ISSN 1657-6241, "Laws since 1992 - Express Force and Sentences of Constitutionality", 4 of June of 2004.
It includes analysis of force express And they published constitutionality failures analysis until 4 of June of 2004.
The contained information in this middle was worked on transcriptions carried out from the Official Newspaper; the failures of constitutionality were supplied by the Constitutional Cut. When it was possible the texts of the Official Newspaper were taken published by the National Press in Internet.