José Brenes André Considering that:
- a)The presentation by Mr. José Brenes André before the Municipal Council on December 10, 2008 and the Regulatory Plan Commission on Tuesday, January 6, 2009, regarding the proposal for a zoning declaration contained in the document "Delimitation of Water Resource Protection Zones in the micro-watersheds of the Ciruelas, Segundo, Bermúdez, Tibás, and Pará Rivers, Heredia" for the protection of water resources.
- b)The proposal for a zoning declaration presented by Mr. Brenes André considers the hydrogeological map of the Central Valley that SENARA prepared in 1985, which determines that the northern zone of the province of Heredia is a potential recharge area for the main aquifers that supply approximately 50% of the national population.
- c)The Municipal Councils of San Rafael, Santa Bárbara, and Barva have already adopted such zoning proposal.
- d)The ruling of the Constitutional Chamber No. 2008-12109 which in point "b" of the therefore section indicates:
(.) Aracelly Salas Eduarte, or whoever holds her position as Mayoress of San Pablo de Heredia, is ordered (.)
To proceed to contract the necessary professionals for the preparation of the hydrogeological vulnerability maps recommended by SENARA in its report called Recarga Potencial del Acuífero Colima y Barva, Valle Central, Costa Rica, which must be included in the urban planning regulations of their jurisdictions, as recommended by the authority mentioned above. See Annex 1.
- e)That the regulatory plan according to the Urban Planning Law 4240 is:
"The local planning instrument that defines, in a set of plans, maps, regulations, and any other document, graphic, or supplement, the development policy and the plans for population distribution, land uses, traffic circulation routes, public services, community facilities, and construction, conservation, and rehabilitation of urban areas" f) The study that SENARA carried out called Estudio Hidrogeológico del Valle Central de Costa Rica published in the Revista Geológica de América Central No. 27 of the year 2002, which serves as a basis for the Instituto de Acueductos y Alcantarillados (AyA) to adopt board of directors agreement No. 2006-059 published in La Gaceta No. 226 of Friday, November 24, 2006, which orders the application of the aforementioned study in relation to any application before AyA for the approval of housing developments regarding treatment plants and sanitary sewerage. See Annexes 2 and 3.
- g)The SENARA study mentioned in the point above partially fulfills the ruling of the Constitutional Chamber mentioned in point "d" of this considering clause, since it contains a hydrogeological vulnerability map of a part of the Central Valley, which includes San Pablo, and the matrix of land use criteria according to aquifer contamination vulnerability for water resource protection, until such time as the municipality carries out the local hydrogeological vulnerability studies mentioned in said chamber ruling.
- h)This study does not contradict the zoning proposal but rather fully endorses it.
Therefore, this commission recommends that the Municipal Council:
- a)Adopt, with respect to the canton of San Pablo, the proposal for a zoning declaration contained in the document "Delimitation of Water Resource Protection Zones in the micro-watersheds of the Ciruelas, Segundo, Bermúdez, Tibás, and Pará Rivers, Heredia" for the protection of water resources as indicated below:
PROPOSAL FOR A ZONING DECLARATION BY THE MUNICIPAL COUNCILS AND THE FEDERATION OF MUNICIPALITIES OF HEREDIA The Municipal Councils and the communities of the peri-urban micro-watersheds of the province of Heredia:
In use of the powers conferred by Articles 46, 50, and 169 of the Political Constitution, Articles 2, 4, and 6 of the Municipal Code, the Environmental Framework Law No. 7554, Forestry Law No. 7575, Water Law, Drinking Water Law, Law on Soil Use and Conservation No. 7779, Biodiversity Law No. 7788, Land and Colonization Law No. 2825, Law Establishing SENARA No. 6877, Law Establishing ICAA No. 2726, and Law for the Transformation of the Public Services Company of Heredia No. 7789.
* That the Greater Metropolitan Area (GAM) of the Central Valley is occupied by approximately 2,016,314 inhabitants, representing slightly more than 53% of the national population; this, coupled with the expansion of industrial and commercial development, leads to greater pressure on water resources.
* That the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento prepared in 1985 the Hydrogeological Map of the Central Valley, determining that the Northern Zone of the province of Heredia is a potential recharge area for the main aquifers that supply around 50% of the national population, for which appropriate measures must be taken to prevent or minimize the contamination and deterioration of water resources.
* That the land use conflict map from 2002 prepared by officials of the Área de Conservación de la Cordillera Volcánica Central of the Ministry of Environment and Energy shows that 24.31% of the soil in the Northern Zone of the Province of Heredia with forestry aptitude is overused for pasture, agriculture, and developments, leading to permanent degradation of soil and water resources.
* That the Northern Zone of Heredia, due to its topographic characteristics and high rainfall, is a zone of great vulnerability to erosion processes, landslides, maximum floods (spates and overflows) of the streams and rivers. This situation is accentuated by the poor design of stormwater sewerage systems, the strangulation of watercourses, and the indiscriminate dumping of solid waste deposited in them.
* That the basic sanitation system in the Central Valley uses septic tanks, which generate a contaminant load on the aquifers (nitrates and fecal coliforms), and endangers the quality of the groundwater resource.
* That in the northern zone of the province of Heredia are located the recharge and discharge zones of the Upper Colima, Lower Colima, and Barva Aquifers, from which about 10 cubic meters per second of water are extracted to supply the demand of public, municipal institutions, rural aqueducts, private uses, and individuals.
* That according to data from the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento, the greatest demand for groundwater is occurring in the Central Valley of the country, where well drillings exceed the number of 5,198, representing 42% of the total wells registered in the country up to 2005.
* That the Servicio Nacional de Aguas Subterráneas, Riego y Avenamiento and the Empresa de Servicios Públicos de Heredia have prepared studies to delineate local recharge zones for springs (manantiales) based on the methodology that determines the direction of groundwater flows and the importance of the aquifer for human consumption.
* That at the national level, aquifer recharge zones have been declared, such as the Río Bananito Aquifer Recharge Area and the Water Reserve of the Canton of Aserrí.
* That the Political Constitution and the Municipal Code empower the Municipal Council to delimit the surface runoff areas and recharge areas that supply the aquifers of the cantonal aqueducts.
THE MUNICIPAL COUNCIL OF SAN PABLO DE HEREDIA ESTABLISHES: