📋 Tender Overview
The Government of Peru, through the Ministry of Agrarian Development and Irrigation (MIDAGRI), issued Supreme Decree No. 001-2024-MIDAGRI, with the aim of establishing the procedure for the formalization of water use through the granting of water use rights.
This measure responds to the need to comprehensively, socially, efficiently and modernly manage water resources, in accordance with the current legal framework. Its implementation will contribute to the efficient and equitable management of water in the country, guaranteeing the proper exercise of citizens
' rights. In addition, the Supreme Decree grants MIDAGRI the function of dictating rules for the management of water resources. It also takes into account the General Government Policy, approved by Supreme Decree No. 042-2023-PCM, which seeks to overcome gaps in the effective exercise of fundamental rights and elementary services.
The legal norm considers provisions of Law No. 29338, Water Resources Law, and its amendments, as well as previous supreme decrees, such as No. 023-2014-MINAGRI and No. 010-2020-MINAGRI, which sought to streamline administrative procedures and facilitate the formalization of water uses.
The stages of the formalization procedure range from the submission of the application to the evaluation and resolution by the National Water Authority (ANA).
The approved regulation details the documents necessary for the formalization of the use of water, such as proof of use, certification of ownership of the property, sectoral authorizations and establishes a period of two (2) years to take advantage of the procedure, with exceptions for certain areas or activities regulated by specific regulations.
It is important to remember that the submission of the application does not constitute recognition of the right to use water, but it exempts from liability for violations in the field of water resources.
Fact:
The authorization or concession for the development of the activity for which the water is intended is accredited with the document approved by the corresponding sectoral authority in accordance with the type of productive use of water established in article 43 of the Water Resources Law.
At the end of the period for accepting the procedure for formalizing the use of water provided for in this supreme decree, administrative sanctioning procedures would be initiated against those people who do not have their right to use water.
