Constitutional Chamber Date of Resolution: September 26, 2025 at 09:25 Type of matter: Amparo remedy CONSTITUTIONAL CHAMBER OF THE SUPREME COURT OF JUSTICE. San José, at nine hours twenty-five minutes of September twenty-six, two thousand twenty-five.
Amparo remedy processed in expediente no. 25-025942-0007-CO, filed by Nombre169158, identity card CED129473, against the COSTA RICAN INSTITUTE OF AQUEDUCTS AND SEWERS (ICAA).
Whereas:
- 1By brief received in the Secretariat of the Chamber on August 28, 2025, she files an amparo remedy against the ICAA. She indicates that since April 25, 2025, water availability was approved for them; however, the service has not yet been connected. She adds that in response to an inquiry she made to official Raquel Aglietti Díaz, she was told that she had to wait because they have backlogs in water connections. She asserts that on August 28, 2025, they appeared at the office of Dirección7128, where official José Alfonso González informed them that it is scheduled from October 13 to 20, 2025.
- 2By resolution at 9:55 a.m. on September 8, 2025, the Presidency of the Chamber ordered: “Having reviewed the amparo remedy processed in expediente number 25-025942- 0007-CO, filed by Nombre169158, identity card CED129473, against the COSTA RICAN INSTITUTE OF AQUEDUCTS AND SEWERS, it is resolved: pursuant to Articles 43, 44, and 45 of the Ley de la Jurisdicción Constitucional, the GENERAL MANAGER, THE DEPUTY MANAGER OF GAM SYSTEMS MANAGEMENT, AND THE HEAD OF THE GUADALUPE BRANCH, ALL OF THE COSTA RICAN INSTITUTE OF AQUEDUCTS AND SEWERS, shall report on the facts alleged by the petitioner, in summary: by official letter SIGDD-2025-00011379-1-1-1 of April 25, 2025, the petition for drinking water availability was approved for her property, real estate folio registration number Placa34084 located at Dirección15531, cadastral plan Placa34083°. However, she asserts that as of the date of filing of this remedy, the respondent authority has not carried out the water connection. She adds that in response to an inquiry she made to official Raquel Aglietti Díaz, she was told that she had to wait because they have backlogs in water connections. Therefore, she affirms that she went to the AyA office in Guadalupe and was informed that the water connection to her property would possibly not be completed until October, which affects her housing construction project. (…)”
- 3By brief incorporated into the digital expediente on September 10, 2025, the petitioner appears. She states: “I hereby record that on August 28, 2025, I filed an amparo remedy against the Guadalupe Aqueducts and Sewers entity, due to the slow response regarding drinking water connections. We do not know the reason, but on September 1, they arrived to connect the drinking water, therefore we wish to annul said amparo remedy which has expediente No. 25-025942-0007-CO in the name of Nombre169158. We thank you in advance for your collaboration.”
- 4By brief incorporated into the digital expediente on September 16, 2025, María Alejandra Mora Segura, general manager of the ICAA, renders a report in the following terms: “In accordance with the foregoing, this Report is rendered based on memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025, signed by Veronica (sic) Alvarado González, employee of the UEN Servicio al Cliente Medición GAM, and the attached evidence, administrative expediente “Solicitud P14132025050006”, from which the following is extracted in summary: FIRST: This matter refers to the petition for permanent drinking water connection P14132025050006, filed on May 14, 2025 by Mrs. Mónica de los Angeles (sic) Arce Arce, for the Property Folio Real Registration Placa34085, Sub-registration Placa1088 (see memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025 and its annex “administrative expediente Solicitud P14132025050006”).In this regard, it is reported that the “permanent water service connection” refers to the “physical connection between the public network and the user's property through the water service connection, whether or not it was previously planned, through which a new supply service will be provided, with its corresponding metering system and tariff use”. SECOND: The petition P14132025050006 was referred on May 30, 2025 to the Feasibility Inspection Area Zone-4, which is responsible for carrying out inspections to verify the feasibility of permanent connection of drinking water services in the canton of Goicoechea in accordance with the requirements set forth in Articles 7.12, 8, 14, 16, and 67 of the Reglamento para la prestación de los Servicios de AyA (see memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025 and its annex “administrative expediente Solicitud P14132025050006”). In this regard, Articles 7.12 and 8 of the AyA Reglamento indicate that water supply services for population use and wastewater sanitation shall be provided within the coverage zone, provided the area has technical and legal feasibility, thus, upon a petition for permanent connection, it is necessary to carry out the “technical feasibility analysis for the granting of services” which is defined as the process of verifying the real and current existence of sufficient water, hydraulic, material, technical, legal, and environmental resources to grant the availability and eventual connection of the service.Article 14 of the same Reglamento indicates that the “feasibility analysis” must verify the existence of technical feasibility to approve services in built or to-be-built properties, dedicated to the residence of persons, for commercial or industrial activities that comply with the requirements and uses authorized in the reglamento. AyA shall grant drinking water and sanitation services on a public street or road or on a permanently inscribed pipe and access easement (servidumbre) in favor of AyA or inscribed in favor of third parties, as applicable in accordance with the provisions of Article 16 of this reglamento. The foregoing, provided that AyA networks are in operation. In this regard, it must be verified that the service connection will be made opposite the boundary line of the property for which the service was authorized, whether on a public road or on a permanently inscribed pipe and access easement (servidumbre) in favor of AyA.When for technical reasons it is not possible to guarantee the technical conditions for service provision established in Article 9 of this reglamento, or in the face of an insurmountable legal impossibility, the operator may connect the services on an exceptional basis, in the following mutually exclusive ways, established in order of priority: a) At the beginning of an access easement (servidumbre) inscribed in favor of third parties, on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor., b) At the beginning of a de facto easement (servidumbre), on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor. In all cases, the public service provider must guarantee pedestrian safety when placing basic infrastructure for the provision of aqueduct, sanitary sewer, and hydrant services in accordance with the provisions of the Reglamento de Construcciones, the Reglamento General sobre Seguridad Humana y Protección contra incendios of the Benemérito Cuerpo de Bomberos and its amendments.Article 67 of the AyA Reglamento states that, for the granting of the service, the property for which it is requested must previously have a positive service availability associated with the purposes, nature, and objectives for which it was approved. In the event that registry movements related to the ownership of the property are detected, AyA shall process the petition with respect to the legitimate titleholder for such effect. Given cadastral variations, such as modification of areas and/or boundaries that may affect the flow rate and number of services defined for the issuance of the service availability certificate, the interested party must carry out the procedure indicated in Article 30 of this reglamento. THIRD: The respective inspection was carried out in the field on June 2, 2025, at which time the technical possibility to approve the petition for permanent drinking water connection for the Property Folio Real Registration 1-557950, Sub-registration 001 was verified (see memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025 and its annex “administrative expediente Solicitud P14132025050006”).FOURTH: The administrative expediente was transferred on June 19, 2025 to the UEN de Servicio al Cliente Catastro GAM, in order to codify the approved permanent connection for the Property Folio Real Registration 1-557950, Sub-registration 001, and service identification number (NIS) 5565509 was assigned (see memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025). FIFTH: Approval of petition P14132025050006 was notified to Mrs. Nombre169158 (sic) Nombre169158 on June 23, 2025, via email ...4080 and the material installation of the connection on the Property Folio Real Registration 1-557950, Sub-registration Placa1088, was carried out as of September 1, 2025, meaning the Property now has drinking water supply within the parameters of optimal provision regarding quality, quantity, continuity, reliability, equality, universal access, efficiency, opportunity, sustainability, and with a human rights approach, except in cases of force majeure, fortuitous event, or duly announced maintenance periods affecting the coverage zone where the property is located (see memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025).CONCLUSIONS AyA's actions are subject to the Principle of Legality enshrined in Article 11 of our Carta Magna and the General Public Administration Law; a Principle that subjects all Public Administration to act in accordance with the legal system, as well as the unequivocal rules of science and technique supported by Article 16 of the General Public Administration Law. In the specific case, it was demonstrated that petition P14132025050006 dates from May 14 of the current year. For its approval, the feasibility inspection required by Article 7.12 of the AyA Reglamento was carried out in order to verify in the field compliance with the other technical conditions required for this purpose, specifically, compliance with the technical requirements set forth in Articles 8, 14, 16, and 67 of the AyA Reglamento. The inspection was carried out on June 2 of the current year, at which time the technical possibility to approve the petition for permanent connection for the Property Folio Real Registration 1-557950, Sub-registration Placa1088, was verified.The service was codified with NIS 5565509, its approval was notified to the petitioner on June 23, 2025, via the email address indicated for that purpose, and the material installation was carried out on the Property as of September 1, 2025. This situation demonstrates that AYA's actions in this matter have sought to be diligent and in accordance with the science, technique, and legality that govern us, never arbitrary, unjustified, or capricious, given that, as was set forth, the permanent connection of NIS 5565509 was physically materialized, even prior to the referral of this amparo remedy, thus fulfilling the petitioner's claims both in the administrative avenue and in this constitutional avenue, therefore, based on Article 52 of the Ley de la Jurisdicción Constitucional, Law No. 7135, I respectfully request your authority to declare this remedy WITHOUT MERIT and to exempt the institution from any condemnation of costs as has already been resolved in analogous cases where the consummation of damages and losses caused against the petitioner is not even requested or demonstrated.In this regard, it is worth citing the following resolutions of the Constitutional Chamber: - Resolution No. 2024018807, at nine hours thirty minutes of July fifth, two thousand twenty-four. - Resolution No. 2024030771, at nine hours twenty minutes of October eighteenth, two thousand twenty-four.”
- 5By brief incorporated into the digital expediente on September 16, 2025, Alejandro Calderón Acuña, deputy manager of GAM Systems Management of the ICAA, renders a report in the following terms: “Having reviewed the facts alleged by Mrs. Nombre169158, in her brief dated August 28, 2025, this Report is rendered based on memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025, signed by Veronica (sic) Alvarado González, employee of the UEN Servicio al Cliente Medición GAM, and the attached evidence, administrative expediente “Solicitud P14132025050006”. In this regard, the following is detailed: FIRST: The petition for permanent drinking water connection Placa34086 was filed on May 14, 2025 by Mrs. Nombre169158 (sic) Arce Arce, for the Property Folio Real Registration Placa34085, Sub-registration Placa1088. SECOND: The petition was referred on May 30, 2025 to the Feasibility Inspection Area Zone-4, which is responsible for carrying out inspections to verify the feasibility of permanent connection of drinking water services in the canton of Goicoechea in accordance with the requirements set forth in Articles 7.12, 8, 14, 16, and 67 of the Reglamento para la prestación de los Servicios de AyA.Specifically, Articles 7.12 and 8 of the AyA Reglamento indicate that water supply services for population use and wastewater sanitation shall be provided within the coverage zone, provided the area has technical and legal feasibility, thus, upon a petition for permanent connection, it is necessary to carry out the “technical feasibility analysis for the granting of services” which is defined as the process of verifying the real and current existence of sufficient water, hydraulic, material, technical, legal, and environmental resources to grant the availability and eventual connection of the service. Article 14 of the same Reglamento indicates that the “feasibility analysis” must verify the existence of technical feasibility to approve services in built or to-be-built properties, dedicated to the residence of persons, for commercial or industrial activities that comply with the requirements and uses authorized in the reglamento.AyA shall grant drinking water and sanitation services on a public street or road or on a permanently inscribed pipe and access easement (servidumbre) in favor of AyA or inscribed in favor of third parties, as applicable in accordance with the provisions of Article 16 of this reglamento. The foregoing, provided that AyA networks are in operation. In this regard, it must be verified that the service connection will be made opposite the boundary line of the property for which the service was authorized, whether on a public road or on a permanently inscribed pipe and access easement (servidumbre) in favor of AyA. When for technical reasons it is not possible to guarantee the technical conditions for service provision established in Article 9 of this reglamento, or in the face of an insurmountable legal impossibility, the operator may connect the services on an exceptional basis, in the following mutually exclusive ways, established in order of priority: a) at the beginning of an access easement (servidumbre) inscribed in favor of third parties, on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor., b) at the beginning of a de facto easement (servidumbre), on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor.In all cases, the public service provider must guarantee pedestrian safety when placing basic infrastructure for the provision of aqueduct, sanitary sewer, and hydrant services in accordance with the provisions of the Reglamento de Construcciones, the Reglamento General sobre Seguridad Humana y Protección contra incendios of the Benemérito Cuerpo de Bomberos and its amendments. Article 67 of the AyA Reglamento states that, for the granting of the service, the property for which it is requested must previously have a positive service availability associated with the purposes, nature, and objectives for which it was approved. In the event that registry movements related to the ownership of the property are detected, AyA shall process the petition with respect to the legitimate titleholder for such effect. Given cadastral variations, such as modification of areas and/or boundaries that may affect the flow rate and number of services defined for the issuance of the service availability certificate, the interested party must carry out the procedure indicated in Article 30 of this reglamento.THIRD: The feasibility inspection of the petition for permanent drinking water connection P14132025050006 was carried out on June 2, 2025, and allowed verification of the technical possibility to approve the petition for permanent drinking water connection for the Property Folio Real Registration 1-557950, Sub-registration 001. FOURTH: On June 19, 2025, the administrative expediente was transferred to the UEN de Servicio al Cliente Catastro GAM to codify the approved permanent connection, and service identification number (NIS) 5565509 was assigned. The foregoing was notified to Mrs. Nombre169158 (sic) Arce Arce, on June 23, 2025, via the email address indicated for that purpose ...4080. FIFTH: The material installation of the connection on the Property Folio Real Registration 1-557950, Sub-registration 001, was carried out on September 1, 2025, meaning the Property now has drinking water supply within the parameters of optimal provision demanded by Article 9 of the Reglamento para la prestación de los servicios de AYA, regarding quality, quantity, continuity, reliability, equality, universal access, efficiency, opportunity, sustainability, and with a human rights approach, except in cases of force majeure, fortuitous event, or duly announced maintenance periods affecting the coverage zone where the property is located.This situation demonstrates that AYA's actions in this matter have sought to be diligent and in accordance with the science, technique, and legality that govern us, never arbitrary, unjustified, or capricious, it being clear that the permanent connection of NIS 5565509 was physically materialized prior to the referral of this amparo remedy, thus fulfilling the petitioner's claims both in the administrative avenue and in this constitutional avenue. In accordance with the foregoing, I respectfully request your authority to declare this remedy WITHOUT MERIT and to exempt the institution from any condemnation of costs, as has already been resolved in analogous cases where the consummation of damages and losses caused against the petitioner is not even requested or demonstrated. In this regard, it is worth citing the following resolutions of the Constitutional Chamber: - Resolution No. 2024018807, at nine hours thirty minutes of July fifth, two thousand twenty-four. - Resolution No. 2024030771, at nine hours twenty minutes of October eighteenth, two thousand twenty-four.PETITION In accordance with the considerations of fact and law set forth herein, and the evidence offered, I respectfully request your authority to DECLARE WITHOUT MERIT this Amparo Remedy and to exempt AyA from any condemnation of costs, damages, and losses.”
- 6By brief incorporated into the digital expediente on September 16, 2025, Cynthia Ordoñez Arroyo, head of the UEN de Servicio al Cliente Zona IV GAM of the ICAA, renders a report in the following terms: “In accordance with AYA's Functional Organization Manual, your authority is informed that the facts alleged by Mrs. Nombre169158 (sic) Arce Arce, in her brief dated August 28, 2025, specifically, the resolution of the petition for permanent drinking water connection P14132025050006, are not the responsibility of the Guadalupe Branch. Instead, it is reported that the Branch must only handle, carry out, or process, with other units if necessary, the applications, services, commercial matters, inquiries, and claims of current and potential clients, as well as follow up on them. In accordance with the foregoing, this Report is rendered based on memorandum No. UEN-SCMED-GAM-2025-01662, dated September 12, 2025, signed by Veronica (sic) Alvarado González, employee of the UEN Servicio al Cliente Medición GAM, and the attached evidence, administrative expediente “Solicitud P14132025050006”, which, in summary, states the following: FIRST: The petition for permanent drinking water connection P14132025050006 was filed on May 14, 2025 by Mrs.Mónica de los Angeles (sic) Arce Arce, for the Property Folio Real Registration Placa34085, Sub-registration Placa1088, registered in her name at the Real Estate Registry. SECOND: The petition was referred on May 30, 2025 to the Feasibility Inspection Area Zone-4, which is responsible for carrying out inspections to verify the feasibility of permanent connection of drinking water services in the canton of Goicoechea in accordance with the technical requirements set forth in Articles 7.12, 8, 14, 16, and 67 of the Reglamento para la prestación de los Servicios de AyA, which state verbatim: Article 7- Definitions. For the purposes of this Reglamento, the following shall be understood as: (…) 12. Technical feasibility analysis for the granting of services: Process of verifying the real and current existence of sufficient water, hydraulic, material, technical, legal, and environmental resources to grant the availability and eventual connection of the service.For such purposes, the following conditions must be observed: a. That the distribution and collection networks pass in front of the boundaries of the property or have direct access via a public road or access easement (servidumbre) of the property for which a service is requested. b. That the systems have sufficient water, hydraulic, purification, and treatment capacity to grant new services. c. That the system meets the established quality attributes. d. That it complies with the corresponding environmental regulations. Article 8- Of the services. AyA shall provide water supply services for population use and wastewater sanitation within the coverage zone, provided the area has technical and legal feasibility. The internal systems and installations necessary for the enjoyment of the services are the responsibility of the user. Article 14- Of the conditions for the provision of services.AyA shall provide its services once technical feasibility is verified in built or to-be-built properties, dedicated to the residence of persons, for commercial or industrial activities that comply with the requirements and uses authorized in this reglamento. Article 16- Of the physical location for the connection of services. The connection of the service granted by the public operator shall be made opposite the boundary line of the property for which the service was authorized, whether on a public road that meets at least the minimum right-of-way stipulated in the urban planning and municipal regulations of each canton, or on a permanently inscribed pipe and access easement (servidumbre) in favor of AyA. When for technical reasons duly substantiated by the public service provider, it is not possible to guarantee the technical conditions for service provision established in Article 9 of this reglamento, or in the face of an insurmountable legal impossibility duly demonstrated by the interested party; the operator may connect the services on an exceptional basis, in the following mutually exclusive ways, established in order of priority: a) At the beginning of an access easement (servidumbre) inscribed in favor of third parties, on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor. b) At the beginning of a de facto easement (servidumbre), on the public street or road, on the understanding that the systems installed from the connection point onward shall be the sole responsibility of the owner or possessor.In all cases, the public service provider must guarantee pedestrian safety when placing basic infrastructure for the provision of aqueduct, sanitary sewer, and hydrant services in accordance with the provisions of the Reglamento de Construcciones, the Reglamento General sobre Seguridad Humana y Protección contra incendios of the Benemérito Cuerpo de Bomberos and its amendments. Article 67- Of the general conditions for processing a permanent connection. For the granting of the service, the property for which it is requested must previously have a positive service availability associated with the purposes, nature, and objectives for which it was approved. In the event that registry movements related to the ownership of the property are detected, AyA shall process the petition with respect to the legitimate titleholder for such effect. Given cadastral variations, such as modification of areas and/or boundaries that may affect the flow rate and number of services defined for the issuance of the service availability certificate, the interested party must carry out the procedure indicated in Article 30 of this reglamento.THIRD: The feasibility inspection of the petition for permanent drinking water connection P14132025050006 was carried out in the field on June 2, 2025, and allowed verification of the technical possibility to approve the petition for permanent drinking water connection for the Property Folio Real Registration 1-557950, Sub-registration 001. Given this result, on June 19, 2025, the administrative expediente was transferred to the UEN de Servicio al Cliente Catastro GAM to codify the approved permanent connection, and service identification number (NIS) 5565509 was assigned, the foregoing being notified to Mrs. Nombre169158 (sic) Nombre169158, on June 23, 2025, via the email address indicated for that purpose. FOURTH: The material installation of the connection on the Property Folio Real Registration 1- 557950, Sub-registration 001, was carried out on September 1, 2025, meaning the Property has drinking water supply within the parameters of optimal provision demanded by Article 9 of the Reglamento para la prestación de los servicios de AYA, which states verbatim: Article 9- Of the technical conditions for the provision of services.It is the obligation of the provider of drinking water and sanitation services to provide them within the parameters of optimal provision regarding quality, quantity, continuity, reliability, equality, universal access, efficiency, opportunity, sustainability, and with a human rights approach, except in cases of force majeure, fortuitous event, or duly announced maintenance periods affecting the coverage zone where the property is located. This situation demonstrates that AYA's actions in this matter have been diligent, in accordance with the science, technique, and legality that govern us, never arbitrary, unjustified, or capricious, given that in this case, it is demonstrated that the permanent connection of NIS 5565509 was approved and installed on the Property Folio Real Registration Placa34085, Sub-registration Placa1088 prior to the referral of this amparo remedy, thus fulfilling the petitioner's claims both in the administrative avenue and in this constitutional avenue.In accordance with the foregoing, I respectfully request your authority to declare this remedy WITHOUT MERIT and to exempt the institution from any condemnation of costs, as has already been resolved in analogous cases where the consummation of damages and losses caused against the petitioner is not even requested or demonstrated. PETITION In accordance with the considerations of fact and law set forth herein, and the evidence offered, I respectfully request your authority to DECLARE WITHOUT MERIT this Amparo Remedy and to exempt AyA from any condemnation of costs, damages, and losses.”
- 7In the proceedings followed, the legal requirements have been observed.
Drafted by Judge Sánchez Navarro; and,
Considering:
I. REGARDING THE SPECIFIC CASE
In the sub examine, the claimant files an amparo action against the ICAA. They state that as of April 25, 2025, water availability was approved for them; however, the service has not yet been connected. They add that when they consulted official Raquel Aglietti Díaz, they were told they had to wait because there are backlogs in water connections. They assert that on August 28, 2025, they appeared at the office of Dirección7128, where official José Alfonso González informed them it is scheduled for October 13 to 20, 2025.
Now, in a subsequent filing, the recurring party states: “on September 1, they came to connect our potable water, therefore we wish to annul said amparo action, which has expediente number 25-025942-0007-CO in the name of Nombre169158 . We thank you in advance for your collaboration.” Consequently, pursuant to numeral 52 of the Ley de la Jurisdicción Constitucional regarding the possibility of withdrawing the amparo when it involves patrimonial or other waivable rights, the request is accepted as a withdrawal and the archiving of this expediente is ordered.
II. DOCUMENTATION PROVIDED TO THE EXPEDIENTE
The parties are advised that, should they have provided any paper document or objects or evidence contained in any additional electronic, computer, magnetic, optical, telematic device or one produced by new technologies, these must be collected within a maximum period of 30 business days, counted from the notification of this judgment. It is warned that any material not collected within that period will be destroyed, based on the "Reglamento sobre Expediente Electrónico ante el Poder Judicial" (approved by the Corte Plena in article XXVI of session no. 27-11 of August 22, 2011 and published in the Boletín Judicial no. 19 of January 26, 2012) and in article LXXXI of the session of the Consejo Superior del Poder Judicial no. 43-12 of May 3, 2012.
Por tanto:
The recurso is deemed withdrawn. Let the expediente be archived.
Fernando Castillo V.
Fernando Cruz C.
Luis Fdo. Salazar A.
Jorge Araya G.
Ingrid Hess H.
Ileana Sánchez N.
Nombre29922 G.