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- k)The Costa Rican Institute of Aqueducts and Sewers is authorized to formalize, through an inter-institutional agreement with municipal corporations, the construction, expansion, and rehabilitation of works for the supply of potable water and sewer service, for the purpose of providing those services in those areas where the Costa Rican Institute of Aqueducts and Sewers does not have coverage in certain zones or, having it, cannot provide the service due to construction limitations of the system, but where there is technically available water resource (recurso hídrico).
The prior studies and the plans for construction works of the different potable water and sewer systems carried out by the municipalities must have prior approval in their technical and design aspects from the Costa Rican Institute of Aqueducts and Sewers, to ensure their incorporation into the systems the Institute already has in operation, once the works are completed, in accordance with subsection b).
Municipalities are authorized to prepare, by themselves or through third parties, the construction plans for the aqueduct and sewer systems.
Once the work built by the municipal corporation is received to satisfaction by the Costa Rican Institute of Aqueducts and Sewers, the corresponding item must be incorporated into the service tariff (tarifa del servicio) to make the full payment in favor of the municipal corporation, for the work previously approved by AyA, as well as the cost of expropriations and the establishment of easements (servidumbres) necessary for the construction and operation of the system. Both the work and the lands shall become part of the assets of AyA. The tariff model for the payment of the work must be approved by the Regulatory Authority of Public Services (Autoridad Reguladora de los Servicios Públicos, Aresep).
SINGLE TRANSITIONAL PROVISION- Within a period of six months from the entry into force of the law, AyA must regulate the terms and conditions under which payment and effective settlement of the works undertaken by municipal corporations shall proceed, as well as the procedure for the formulation, approval, and supervision of projects, and the registered transfer of lands and easements (servidumbres) in favor of AyA.
It shall take effect upon its publication.
Given at the Presidency of the Republic, San José, on the eleventh day of the month of November of the year two thousand twenty-four.
(The preceding paragraph added by way of Errata and published in La Gaceta No. 232 of December 10, 2024, page No. 2) LET IT BE EXECUTED AND PUBLISHED.