(.)
ch) To investigate, protect, and promote the use of the country's water resources, both surface and groundwater.
(.)
4. In the same manner, article 3, subsection h), grants SENARA the authority to monitor compliance with legal provisions in matters within its purview, and to make definitive and binding decisions on the matters referred to in said subsection, which establishes the following as a function of SENARA:
" h) To monitor compliance with the legal provisions in the matters within its purview. The decisions that the Service makes for this reason, concerning the drilling of wells and the exploitation, maintenance, and protection of waters carried out by public institutions and private parties, shall be definitive and of mandatory compliance. Nonetheless, such decisions may be appealed within ten days on grounds of legality before the Superior Contentious Administrative Court. The Court shall resolve within a period of no more than ninety days. (The underlining is supplied) 5. That the Constitutional Chamber of the Supreme Court of Justice, in repeated Rulings (Votos), has pointed out the need for SENARA to properly exercise the powers that have been assigned to it by law of the Republic in this matter, under a responsible integration of the regulatory framework governing water matters in our country, within a framework of progressive advancement and proper recognition of water resources within the sphere of human rights, in order to safeguard fundamental rights of citizens such as the right to life, health, and a healthy and ecologically balanced environment. Such is the case of Ruling (Voto) number 2012-08892 of sixteen hours and three minutes on June twenty-seventh, two thousand twelve, in which the Constitutional Chamber stated:
"V. On the National Service for Groundwater, Irrigation and Drainage.
This Chamber, in judgment number 2004-01923 of 14:55 hours on February 25, 2004, and authored by Magistrate Jinesta Lobo, stated that the powers of SENARA transcend matters concerning irrigation districts, it being so that these powers turn out to have a national vocation derived from its own institutional background. It is evident that by express provision of the Law of Creation of SENARA, law number 6877, article 3, subsections ch and h), SENARA has the authority to protect the country's water resources, reason why its decisions regarding exploitation, maintenance, and protection shall be definitive and of mandatory compliance. This normative provision must be interpreted and applied in accordance with the provisions of article twenty-one of the Law on the Use, Management, and Conservation of Soils—from which it is defined that the Ministry of Agriculture and Livestock (or Department of Agriculture in the language used by the Water Law) maintains a secondary or residual authority in this matter—. In this manner, the integration of the recently cited norms informs that for the use of public domain waters, every public entity—without distinction—has the obligation to obtain from SENARA the corresponding permit, to the point that the decisions that SENARA substantively adopts regarding this shall be definitive and of mandatory compliance. This definition is far from being a rhetorical statement from the Chamber; on the contrary, it stems from the responsible integration of the broad regulatory framework governing the matter, which, as stated, requires progressively advancing and recognizing water's own sphere within human rights, given that the right to water and the right to a healthy and ecologically balanced environment are fundamental human rights. The Chamber warns that this clarification places SENARA in a particularly relevant position regarding the management of national water resources, which is important considering the eminently technical nature of this administrative body, a position that must be reinforced and exercised through the necessary and due inter-institutional coordination of the different entities involved—ICAA, SETENA, MAG, Municipalities, among others." 6. That the Constitutional Chamber has stated the following regarding the application of the precautionary principle in environmental matters: " The right to a healthy and ecologically balanced environment grants special protection to biodiversity and groundwater, reason why, in application of the precautionary principle in environmental matters, economic activities with environmental impact must be authorized only when there is scientific certainty that such impact does not imply a risk or threat of permanent and irreversible damage to the environment. It is for this reason that the administration must always carry out the necessary environmental assessment through the instruments it deems necessary, an assessment that must be shared publicly with the affected population, so that after a rigorous and detailed analysis, the administration issues the corresponding environmental viability in a substantiated manner. Neglecting and failing to observe these normatively and jurisprudentially defined aspects leads to the violation of the referred right to a healthy environment, such that administrative actions so ordered are equally violative of this fundamental right.
(see, among others, judgments of this Chamber numbers 5893-95, 5445-99, 2003-6322, 2004-13414, 2004-01923, 2006-7994, and 2010-6922).
7. Likewise, the Constitutional Chamber has established the need and convenience of establishing and applying technical instruments such as hydrogeological cartography and maps, and protection matrices for water resources according to vulnerability to contamination. In this regard, said Constitutional Court has indicated:
"In summary, the Chamber refers to the issuance of documents such as hydrogeological maps—on which the surface under which an aquifer sits is drawn or demarcated—and land-use matrices according to the vulnerability of aquifer layers to contamination—which establish a specific regime for the use or affectation of land in relation to groundwater—, whose protection perimeters are of mandatory compliance and must be reflected in the regulatory plans on land use and territorial planning (e.g., zoning or construction regulations) by the municipal corporations or the National Institute of Housing and Urbanism, given their residual authority in matters of urban planning in the absence of local regulatory plans." (Constitutional Chamber. Ruling (Voto) No. 2012-08892 of sixteen hours and three minutes on June twenty-seventh, two thousand twelve.)
8. That the Constitutional Chamber, in Ruling (Voto) number 2012-08892, also established as pertinent:
"THEREFORE: (..) the 'Matrix of land-use criteria according to the vulnerability to contamination of aquifers for the protection of water resources in the canton of Poás' is of mandatory application in all cantons or zones where vulnerability maps approved or prepared by SENARA exist and, in any case, must serve as a technical guide and orientation for the development of policies on land use, while such cantons or zones do not have their own matrix developed by SENARA with the participation of the other institutions that developed the matrix, and that guarantees the same or a higher level of protection of water resources. The provisions in official communications numbers GE-557-09 of July 14, 2009, and GE-850-09 of September 21, 2009, are annulled to the effect that SENARA is obligated to monitor compliance with legal provisions in matters within its purview, therefore the issuance and dissemination of matrices of criteria for land use according to the vulnerability to contamination of aquifers containing concrete and binding protection measures is valid and necessary." 9. That as indicated in Official Communication DIGH-113-16 dated April 20, 2016, submitted by the Directorate of Hydric Research and Management, the SENARA proceeded to carry out the hydrogeological studies of the Parrita aquifer, develop its vulnerability cartography, and elaborate the Protection Matrix for the Parrita Aquifer and its recharge zones, a matrix that was developed through a participatory process, involving both the public sector and civil society, with a substantiated technical basis and considering local social, economic, and environmental conditions, so that the Matrix developed includes the necessary technical variables that guarantee the protection in quality and quantity of the water resource, therefore said official communication recommends its approval.
10. That the process carried out for the development of the Sustainable Use Plan for the Parrita Aquifer and the Protection Matrix for the Parrita Aquifer and its Recharge Zones, as indicated in the final report submitted with official communication DIGH-113-16 dated April 20, 2016, in general terms can be divided into the following stages:
- a)Awareness-raising among the different local and institutional actors regarding water resources.
- b)Development of a Hydrogeological diagnostic.
- c)Execution of the Hydrogeological Study.
- d)Development of technical proposals for the management of the aquifer based on the results of the hydrogeological studies.
- e)Training of the actors based on the results of the hydrogeological studies.
- f)Construction of management policies through a participatory process based on the technical proposal, for the integration of social and economic variables, for which a series of workshops or activities were carried out, as follows:
i.) Workshops for the formulation of management policy proposals ii) Workshops for the systematization of management policy proposals.
- iii)Workshops for the socialization of management policies.
- g)Implementation and monitoring of the proposals for the management of the aquifers.
11. That the workshops in which the sustainable use matrix for the Parrita aquifer was developed and reviewed, as indicated in the final report submitted with official communication DIGH-113-16, counted with the participation of a series of actors, both from the public sector and from civil society, who were invited through different means, personally in the meetings of the Cantonal Council for Institutional Coordination (CCCI) of Parrita or neighboring cantons such as Aguirre and Garabito, via telephone or email based on the lists of local actors that were formed over several months, as well as through official communication addressed to the heads of public institutions. The following actors participated in said process:
Public Institutions:
. Municipality of Parrita . Water and Sewer Systems (AyA) . Blue Flag, AyA . MIDEPLAN . Ministry of Agriculture and Livestock (MAG) . Ministry of Health . Institute of Rural Development (INDER) . National System of Conservation Areas (SINAC) . Ministry of Environment and Energy, Water Directorate (MINAE) . Costa Rican Tourism Institute (ICT) . Ministry of Public Education (MEP) . PROCOMER . National Emergency Commission (CNE) . Costa Rican Electricity Institute (ICE) ASADAS (rural water systems):
. La Chirraca . Lourdes . Vasconia, Playón San Isidro . La Loma . Surubres . Las Vegas . Invu-La Guaria and Development Association . Lourdes . Playón Sur . Valladolit Development Associations:
. Desarrollo la Loma . Coope La Loma . Emergency Committee Pueblo Nuevo . Pueblo Nuevo . Playón Sur . Comité los Sueños . Agricultural Cooperative and Multiple Services of Women of the Central Pacific (Coope Loma) and Asada la Loma . Association for the Development and Progress of Palo Seco Communities:
. Las Vegas . Valladolit . La Loma . El Invu, la Guaria and Development Association . Esterillos . Reformadores . Coomcupa Management of the Parrita River Watershed (Cuenca) Private enterprise:
. PALMATICA . Finca la Ligia . Coopecalifornia R.L . Coopeagropal . Apartotel la Isla . Clandestino Beach Resort . Hotel Beso del Viento . Sawmill (Aserradero) of Surubres . Conarroz . Leading farmers (rice, palm, and papaya) . CoopeParrita . Producer Rodrigo Ríos . CoopeAnde
Based on the facts and law presented, and on the recommendation issued by the Directorate of Research and Hydric Management through official communication DIGH-113-16, dated April 20, 2016, the PROTECTION MATRIX FOR THE PARRITA AQUIFER and ITS RECHARGE ZONES is received and approved, a matrix that forms an integral part of this agreement. This water resource protection matrix is of binding application for the Canton of Parrita within the area of influence of the Parrita Aquifer. Communicate this agreement to the Municipality of Parrita, the National Environmental Technical Secretariat (SETENA), the Ministry of Health, the Ministry of Agriculture and Livestock, the Ministry of Tourism, the Ministry of Environment, the Ministry of National Planning and Economic Policy, the Costa Rican Institute of Water Systems and Sewers, the National Institute of Housing and Urbanism, the Costa Rican Tourism Institute, the Costa Rican Electricity Institute, the Institute of Rural Development, the National Commission for Risk Prevention and Emergency Response. Publish this agreement in the Official Gazette La Gaceta. It takes effect upon the publication of this agreement in the Official Gazette La Gaceta. AGREEMENT FIRM AND UNANIMOUS The PROTECTION MATRIX FOR THE PARRITA AQUIFER and ITS RECHARGE ZONES can be consulted or downloaded on the SENARA website: www.senara.or.cr (Note from Sinalevi: due to the extensive nature of its content, the Protection Matrix for the Parrita Aquifer can be consulted: here Responsible Signature: