"(.)
ch) To investigate, protect, and promote the use of the country's water resources, both surface and groundwater. (.)
- h)To monitor compliance with legal provisions in matters within its purview. The decisions made by the Service for this reason, concerning well drilling and the exploitation, maintenance, and protection of waters carried out by public institutions and private parties, shall be final and of mandatory compliance. Notwithstanding, such decisions may be appealed within ten days on grounds of legality before the Superior Contentious-Administrative Tribunal. The Tribunal shall resolve within a period of no more than ninety days. (.)" FOURTH: That pursuant to the Water Law No. 276 of August 27, 1942, and its amendment through Law No. 5516 of May 2, 1974, it is established in its articles 17 and 2 respectively, that it is the responsibility of the Ministry of Environment, Energy, and Telecommunications (MINAET) to dispose and resolve on the domain, surveillance of public-domain waters, MINAET shall maintain a registry for the registration of individuals or companies whose activity is well drilling, without being able to grant a license to drill to those who are not registered.
FIFTH: That the amendment to the Organic Regulation of the Ministry of Environment, Energy, and Telecommunications, Executive Decree No. 36437-MINAET, establishes in its article 41, the functions corresponding to the Water Directorate. Among these, the following:
"Article 41. Functions of the Water Directorate.
(.)
j). To admit, process, and resolve on applications for subsoil drilling permits for the exploration and exploitation of groundwater and to assign the respective well number.
(.)
- n)Control and follow-up of drilling companies and drilling permits." (.)
- r)To coordinate with other institutions as appropriate, the preparation of technical studies for the determination and establishment of hydraulic reserves, zones of use regulation and protection of groundwater and surface water, water reserve zones, aquifer recharge and discharge zones, as well as to formulate and propose to the Minister the executive decree for the declaration and management policies of water resources in these zones".
SIXTH: That in matters of drilling-concession permits, it is the function of AYA to pronounce on the protection of sources destined and identified for the supply of populations; in addition to promoting, with binding opinion, the protection of the investment in hydraulic infrastructure for the public service that guarantees the supply of water. Regarding these opinions, it is the responsibility of AYA to communicate them officially to the Water Directorate of MINAET.
SEVENTH: That according to its constitutive law, the opinions issued by SENARA are of mandatory compliance, in particular those referring to the technical viability of a drilling or its denial, to the constructive design of a well, and its drilling conditions.
EIGHTH: That the Division of Operative and Evaluative Oversight, Area of General Public and Environmental Services of the Comptroller General of the Republic, through Report No. DFOE-PGA-42/2007, of November 22, 2007, "Report on the evaluation of the application of policies and regulations regarding water resources by the Ministry of Environment and Energy (MINAE)", and whose central objective was to evaluate the governing function carried out by the Ministry of Environment, Energy, and Telecommunications (MINAET) in the application of policies and regulations on water resources, indicated the following:
"The Attorney General's Office of the Republic, making reference to votes of the Constitutional Chamber the Political Constitution, the administrative autonomy of decentralized institutions is not a guarantee of unrestricted constitutional autonomy, since the law, apart from defining their competence, can subject them to directives derived from development policies that the same law entrusts to the Central Executive Power, thus making it constitutionally possible to subject autonomous entities in general to national planning criteria and in particular, to directives of a general nature issued by the Central Executive Power or by Central Administration bodies, called upon to complete or supervise that general policy." NINTH: That the Division of Operative and Evaluative Oversight of the Comptroller General of the Republic issued Report DFOE-PGAA-11-2009, based on the audit study conducted between January 1, 2004, and December 31, 2008, that evaluated the management of MINAET, SENARA, and AYA in the granting, control, and follow-up of permits for well drilling, water exploitation concessions, and the collection of the canon in coastal zones.
As a result of this audit, different provisions were contemplated for MINAET, AYA, and SENARA, among them, the following: "a) Jointly design a research methodology to carry out hydrogeological studies to be used as a basis for issuing regulations on well drilling and as a fundamental requirement for well drilling permit applications (...)" TENTH: That in compliance with the cited provisions and in pursuit of a better integrated management of water resources, the "Inter-institutional Technical Committee" was formed, comprised of the institutions that share competencies in groundwater matters: MINAET, AYA, and SENARA.
ELEVENTH: That MINAET, through the Water Directorate, coordinated the team of specialists from AYA and SENARA for the preparation of the methodology ordered by the Comptroller entity; carrying out a systematic and transparent work with professionals in water management from the private and public sectors as shown in report SUB-G-AID-UEN-GA-2010-614, whose document proposal was sent for consultation to the Colegio de Geólogos de Costa Rica through official communication DA-3058-2010 dated September 2, 2010.
TWELFTH: That the Inter-institutional Technical Committee has reached a consensus and defined the scientific methodologies that must be applied for the assessment of waters and that must be observed in studies for drilling permits and water exploitation concessions and for investigations on water resources.
THIRTEENTH: That the Minister of Environment, Energy, and Telecommunications, in his dual capacity as Environmental Head and as governing authority of the Environment/Water Resources Sector, is responsible for coordinating water-related matters, therefore, and due to the importance and vulnerability of groundwater, he must establish the technical-scientific regulations that serve as a regulatory guide for the hydrogeological methodologies that assess groundwater resources for the drilling of exploration and groundwater exploitation wells, based on methodologies agreed upon by the Inter-institutional Technical Committee, and in compliance with the provisions issued by the Comptroller General of the Republic.
THE MINISTER OF ENVIRONMENT, ENERGY AND TELECOMMUNICATIONS AGREES: