4. That from the above amount, in accordance with the provisions of Article 2 quinquies of Executive Decree No. 36488-H, published in Supplement No. 18 to La Gaceta No. 58 of March 23, 2011, and its amendments, it corresponds to increase via Executive Decree the sum of ¢1,339,353,125.10 (one thousand three hundred thirty-nine million three hundred fifty-three thousand one hundred twenty-five colones and ten céntimos), with free surplus resources for the purchase of furniture and equipment, vehicles, and the development of strategic and substantive investments.
5. That from the above amount, the sum of ¢326,662,695.00 (three hundred twenty-six million six hundred sixty-two thousand six hundred ninety-five colones exactly) was not authorized, distributed as follows: ¢251,062,695.00 (two hundred fifty-one million sixty-two thousand six hundred ninety-five colones exactly) because a direct relationship with the substantive activity of the unit could not be determined, and ¢75,600,000.00 (seventy-five million six hundred thousand colones exactly) to transfer to the Commission for the Management of the Upper Reventazón River Basin (COMCURE), because it is excluded from the maximum budgetary expenditure, as established in Article 3 of the current Guidelines, cited Decree No. 36488-H.
6. That in accordance with what is indicated in the preceding Considering clause, it corresponds to increase via Executive Decree the sum of ¢1,012,690,430.10 (one thousand twelve million six hundred ninety thousand four hundred thirty colones and ten céntimos), with free surplus resources, for the purchase of meteorological stations, which allow obtaining data to ascertain the availability of water at both the surface and underground levels, with the objective of improving coverage, knowledge, and availability of water in basins without information; purchase of licenses for the use of the Geographic Information System (GIS) and scanner (for digitizing files); acquisition of rural vehicles to carry out field visits and address complaints in situ; concepts that are directly related to the operation of the operating system for permits and concessions; likewise, for the development of projects called "National Real-Time Groundwater Monitoring System," whose purpose is to obtain scientific certainty about the availability and behavior of waters, particularly aquifer systems, and the "National Integrated Water Resource Information Management System" that integrates the registry of quality of water bodies and discharges.
7. That through the cited Executive Decree No. 36488-H, the General Budgetary Policy Guidelines for 2012 were issued, establishing in Article 2 the maximum percentage by which the budgetary expenditure of public entities, ministries, and other bodies could be increased with respect to that of the preceding year. In accordance with said provision, the resulting maximum budgetary expenditure amount for the Water Directorate was established at the sum of ¢1,156,810,000.00 (one thousand one hundred fifty-six million eight hundred ten thousand colones exactly), which was communicated via official communication STAP-1515-2012 of August 22, 2012, a figure that does not include the expenditure previously indicated in this decree.
8. That through Executive Decree No. 32452-H, published in La Gaceta No. 130 of July 6, 2005, and its amendments, the "Guideline for the application of Article 6 of Law No. 8131, Law of Financial Administration of the Republic and Public Budgets, and the regulation of the class of Public Sector revenues called Financing" is issued.
9. That Article 7 of the Decree cited in the preceding Considering clause provides that financing resources coming from prior years - free surplus - are part of the equity of the bodies and entities and may be used in subsequent periods to finance expenses that refer to their ordinary activity, with which the interest of the community, the public service, and institutional purposes are served, provided they are not permanent in nature or generate an obligation that requires financing over time, such as the creation of positions for fixed charges, or any other commitment of the same nature.
10. That because of the foregoing, it is necessary to modify the maximum budgetary expenditure set for the Water Directorate for the year 2012, increasing it by the sum of ¢1,012,690,430.10 (one thousand twelve million six hundred ninety thousand four hundred thirty colones and ten céntimos).
Therefore;