The Ministry of Environment and Energy (Ministerio de Ambiente y Energía, MINAE) may authorize the use (aprovechamiento) of water from surface sources and the construction, operation, maintenance, and improvements of water supply systems, on properties that form part of the natural heritage of the State (patrimonio natural del Estado), after a declaration, by the Executive Branch, of public interest, specifically for an imperative population supply and in favor of the authorized public service provider entities, detailed below:
- a)The Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados, ICAA).
- b)Municipalities that still provide the public drinking water service by Law No. 1634, General Water Law (Ley General de Agua), of September 18, 1953.
- c)The Public Services Company of Heredia (Empresa de Servicios Públicos de Heredia, ESPH).
- d)The Administrative Associations of Aqueduct and Sewer Systems (Asociaciones Administradoras de Sistemas de Acueductos y Alcantarillados, ASADAS), entities formed by users, duly constituted for that purpose and registered in accordance with Law No. 218, Law of Associations (Ley de Asociaciones), of August 8, 1939, may administer and operate the aqueduct system of their community through a delegation agreement signed with the ICAA.
All works or activities necessary to fulfill the purposes established herein must be executed based on technical studies, seeking the least possible environmental impact according to the corresponding environmental impact assessment instrument and in strict compliance with current environmental regulations, especially the provisions on the applicable technical criteria for the intervention of protected wild areas contemplated in Law No. 7788, Biodiversity Law (Ley de Biodiversidad), of April 30, 1998, and its regulations.
In the case of protected wild areas of absolute protection, i.e., national parks and biological reserves, the provisions of Article 38 of Law No. 7554, Organic Law of the Environment (Ley Orgánica del Ambiente), of October 4, 1995, must also be complied with. Likewise, the technical studies carried out must demonstrate that no other alternative source is available to guarantee the supply of water for the beneficiary population under adequate quality and quantity conditions, and the proposed activities must have, beforehand, the technical endorsement of the Costa Rican Institute of Aqueducts and Sewers (Instituto Costarricense de Acueductos y Alcantarillados, ICAA).
The following entities providing services as indicated in this article are authorized to carry out activities for the use of water from surface sources and the construction, operation, maintenance, and improvements necessary for the public water supply system for human consumption, on lands that are part of the State's natural heritage (patrimonio natural del Estado) which do not form part of protected wilderness areas (áreas silvestres protegidas) and that have been acquired by them or by some other entity providing the public service of water supply for human consumption, for the purpose of protecting the water and ensuring the provision of this service to future generations. In these cases, the providing entities must comply with the other requirements established in this article and in national regulations. The providing entities will continue to manage these lands, which in all other respects will remain subject to the conditions, limitations, and protections inherent to the State's natural heritage, as provided in this law.
(By resolution of the Constitutional Chamber (Sala Constitucional) No. 17397 of September 11, 2019, the phrase "the authorization process before Minae will not be necessary" was annulled from the preceding paragraph)
The Instituto Costarricense de Acueductos y Alcantarillados must ensure that the ecological flow essential for the functioning of the ecosystem, inside and outside protected wilderness areas, is not altered, so that it is maintained under a scheme of sustainable use and management. The monitoring of this will be the responsibility of Minae.
Annually, the authorized public water supply service provider must submit, to the National System of Conservation Areas (Sistema Nacional de Áreas de Conservación, SINAC) and the Water Directorate (Dirección de Aguas), the report on the results of the gauging, given the nature and environmental fragility of the protected wilderness areas.
(Thus added by Article 2 of the Law to Authorize the Use of Water for Human Consumption and Construction of Related Works on the State's Natural Heritage, No. 9590 of July 3, 2018)
Private Forest Property
Forest Management