Amendments to the Water Code of the Province of Buenos Aires

Law No. 14,703, published in the Official Gazette of the Province of Buenos Aires on June 12, 2015, has amended the provincial Water Code.[1] The main changes relate to sanctions and clandestine hydraulic works.

Pursuant to Section 166 of the Water Code, as amended by the new law, violations to said Code may be punished with following sanctions:

1. warning;
2. fine up to ARS 1,800,000;[2]
3. suspension in the special use of water up to 5 years;
4. cancellation of the concession permit (sic);
5. publication of the infringement; and
6. adoption of every measure which the enforcement agency (the Water Authority or “ADA”, after its acronym in Spanish) deems necessary to protect people’s physical integrity, their goods, the water resources and the environment, for which purposes it may restore the status quo ante.

These penalties do not exclude other sanctions and civil and criminal liability that may arise under any other applicable laws.

The ADA may authorize municipal authorities to take all measures needed to enforce these sanctions.

Moreover, according to the new law, in the event of unauthorized works which artificially modify the regular and natural water flow, the offender -or the owner of the property where the works were done- will lose any tax and credit benefits available for cases of emergencies or natural disasters. Offenders will also be prevented from opening bank accounts, getting credit cards or opening new shops or industries. The sanctions shall be reported to credit rating companies.[3]

Municipal authorities are empowered, jointly with the ADA, to control clandestine hydraulic works. They may receive complaints and perform studies and other tasks with the purpose of attesting unauthorized works, and must report them to the ADA within 5 days.

Any property in violation of the Water Code must be listed in a public registry kept by the ADA.[4]

Furthermore, the ADA must report any properties lacking adequate authorization to perform hydraulic woks which artificially modify the regular and natural water flow to the Real Estate Registry and Land Registry (Catastro Territorial).[5]

The new law provides for a moratorium, for administrative purposes only, to regularize existing clandestine hydraulic works.[6] The moratorium will be for a 90-day period starting when this provision is regulated. As from said date, all works which have not abided by the moratorium will automatically be deemed illegal.

[1] The Water Code was approved by Law No. 12,257.

[2] The equivalent of 120,000 liters of grade 3 gasoil (AR$15 per liter, approximately).

[3] Section 166 bis of the Water Code.

[4] Section 12 of the Water Code as amended by Law No. 14,703.

[5] Section 13 of the Water Code as amended by Law No. 14,703.

[6] Section 6 of Law No. 14,703.