The development of an activity in the reservoirs shall be authorized by the competent public entities or bodies, in accordance with the activity to be developed; for which purpose, they must have, prior to granting the authorization, a positive opinion (dictamen) issued by the ICE.
The natural or legal person interested in obtaining that opinion (dictamen) must submit the application in writing to the DABI; which must contain the following information:
- a)Name, occupation, marital status, exact address, copy of the identification card of the applicant in the case of natural persons.
- b)Name, copy of the legal identification card, certification of legal representation issued no more than one month prior, name and copy of the identification card of the representative in the case of legal persons.
- c)Sworn declaration that, if authorized to develop the activity by the competent entity or body, they undertake to comply with the obligations set forth in this regulation, to comply with the conditions and obligations established within the authorization, to comply with current environmental legislation, and to assume responsibility for any damages or losses caused to any property or to third parties through the performance of their activity.
- d)Detailed description of the activity to be performed, location, means of transportation to be used, personnel available for the development of the activity, as well as whether the construction of any type of infrastructure is required.
- f)Telephone number where they can be frequently located.
- g)Authenticated signature of the applicant.
- h)Place or means for receiving notifications during the processing of the application and the validity of the authorization if granted, which may be modified by the applicant, upon prior written communication to the offices of the DABI, and which for all purposes shall be considered as the address for receiving administrative and judicial notifications.
- i)To subscribe a civil liability insurance policy.
The DABI reserves the right to request any other additional information it deems pertinent.
Once the application is received, it is the responsibility of the DABI to create the case file and request a technical study, in order to determine, among other aspects, whether the development of the activity endangers the operation of the reservoirs or interferes with the efficient performance of the ICE's functions. The DABI shall forward its recommendation to the SAI within a period of thirty business days from the complete receipt of the application, a period that may be extended for an equal and consecutive period if the complexity so warrants. In turn, the SAI shall issue the corresponding opinion (dictamen) within the ten business days following receipt of the recommendation.
If the technical study carried out by the DABI determines the existence of any current or potential risk in the development of the requested activity, the SAI shall issue an opinion (dictamen) for the entity or body responsible for authorizing the development of the activity, indicating the reasons why its development will not be permitted. This opinion (dictamen) shall have the ordinary remedies provided for in the General Law of Public Administration (Ley General de la Administración Pública).
If the SAI, based on the technical studies, considers that the activity to be developed does not affect the operation of the reservoir, the operational safety of its works, does not generate a significant negative environmental impact, and does not create risks; the corresponding positive opinion (dictamen) shall be issued, so that the applicant may present it together with their application, before the competent entity or body that regulates the activity to be developed in the reservoir, for its study and eventual authorization of the activity.
If the competent entity or body approves the development of the activity, the applicant shall present to the DABI a certified copy of the authorization stating the conditions under which it was granted, prior to the start of their activity.
The DABI shall keep a record of the authorizations granted by the other public entities or bodies.