Decree 3233/2025, published in the Official Gazette of the Province of Buenos Aires on February 13, 2026, amends Decree 429/2013, which regulates Law 12257 (Water Code) regarding certain aspects related to the calculation of the charge for the use of water resources.

Annex I clarifies that, until the effective measurement of volumes and pollutant loads for calculating the charge is implemented, consumptive uses that would otherwise be included in the Water Footprint will be temporarily replaced by the abstraction flows reported in sworn statements and/or those calculated by the Water Authority (ADA), when such values do not arise from administrative acts. ADA may establish systems for recording and transmitting information on consumed flows, as well as criteria and estimation methods.

Until the concepts related to the Water Footprint are incorporated, Annex I establishes this reference formula to calculate the monthly charge:

C = CF + Vb * (Qsup * Rsup + Qsub * Rsub)

For the purposes of this formula, Annex I defines:

1. CF (fixed charge): an amount equivalent to eight liters of grade 3 diesel fuel, based on the average value surveyed by the Argentine Secretariat of Energy.
2. Vb (base value per m³): expressed in ARS per cubic meter (ARS/m³), linked to the cost per cubic meter charged by Aguas Bonaerenses SA (ABSA), with a target value equivalent to 5% of such cost.
3. Q (consumed flow): expressed in m³/month, distinguishing between Qsup (surface water source) and Qsub (groundwater source).
4. R (dimensionless factor): Rsup (surface) and Rsub (groundwater) are factors assigned according to the source from which the water resource is obtained. The “R” factor is defined based on the parameters u * r * c * d * m, which are in turn defined as follows:

u: factor based on the type of user (with values assigned by category).

r: factor related to the return of water to the environment (where water is returned without significantly altering its quality, Annex I provides for a reduced factor).

c: factor linked to flow measurement (distinguishing between the existence or absence of a flow meter).

d: water availability coefficient (which varies by zone and by surface/groundwater source, with reference to ADA Resolution 796/2017 or its replacement).

m: coefficient related to the scale of the project, considering whether the establishment is registered with the Provincial Registry of Micro, Small, and Medium-Sized Enterprises (with a specific rule applicable to real estate developments).
 

The Decree also incorporates Annex I.A, which establishes a gradual implementation plan for the Vb component (percentage of the ABSA cubic meter cost), structured in monthly stages, as follows:

• months 1 to 3: 1%,
• months 4 to 6: 2%,
• months 7 to 9: 3%,
• months 10 to 12: 4%,
• from month 13 onwards: 5% (final stage).

Finally, the Decree delegates to the Ministry of Infrastructure and Public Services of the Province of Buenos Aires (or any authority that replaces it) the authority to periodically determine the amount of the charge by updating the values of the components of the formula in Annex I.