Water Rights Acquisition and Recognition in Chile
School of Law Course: UDP Water Rights First Half 2010
Second Summary
I: Distinction Between Given Rights and Rights Recognized
When we talked about the budgets of water use rights, we said there were three:
- The public domain on the water (an inherent part of national property for public use).
- The allocation, this is the act of the relevant concession State organ (DGA), which will give a title.
- The title of the act resulting concessions.
We said that this title could take various forms and, paradoxically, in any way. But that should exist in substance, which would clarify when discussing the topic of the rights granted and recognized.
Moreover, when we talked about the ways of acquiring the right to use, we noted that the main, original, was the assignment. And as to how to buy prescription, we said that possession required for the possession she was registered, not the possession of the facts. Of the latter, we said that was only authorized to access the benefit of the adjustment, under the requirements of the institution.
We continued by stating that rights could only be labeled as granted, those originating and formally acquired by assignment (whether the provision of the Code of 1981 or the grant or other names before this body of law).
We ended up saying that compared to those (the cast) were others (recognized) of substantially equal quality and range to the point that the Constitution itself protects them with the guarantee of property.
We conceptualized the rights from two angles:
- As those likely to be regularized.
- As those who DGA should be considered when weighing the availability of a remedy to an application for new rights. In this regard, we quoted Article 122, paragraph 4, of the Water Code.
We concluded that both angles are the same thing and we announced that we would lead to study the institution of adjustment.
But we returned on the rights granted to consider briefly the procedure award since its inception to its total refining.
II: Phases of the Right of Use Issue
A: Water Code of 1981:
Warning: There is a general procedure in articles 130 and following, and a special procedure in articles 140 and following. Do not forget.
Application (requirements: Art. 140) (free purchase)
Here attention to the particulars of the application: remember the 8 essential elements that cannot be missed. Keep in mind in groundwater protection area, in non-consumptive rights point of return and other references, and for greater rights, the explanatory memorandum.
Make a table of greater rights under arts. 129 bis 4, 5, 6.
Posts: 1 or 15 days, or next working (carefully!)
(Principle of publicity)
- Official Journal
- National circulation daily (prominent notice)
- Local newspaper (ibid.)
- Local Radio
Period: others (6 months art. 142) eventual auction; competitions (30 days art. 132), judicialization: in administrative and then review (art. 136) and appeal to the Court of Appeal (art. 137), etc.
(Early priority, due process, the market)
DGA Analysis
(Availability, basin unit, no damage, etc.)
Resolution DGA (art. 149)
- Negative: review (art. 136) and claims to the Court of Appeal (art. 137)
- Positive: art. 149.
Taking Comptroller reason (rigor against omissions art. 149): acquisition domain (there are right granted)
Reducing public write a transcript of the resolution
(Legal certainty)
Registration in the Land Registry of CBR Water: possession begins
Registration in the Cadastre: Enabling various effects
B: Before the Water Code of 1981:
Since before independence, water grants are awarded by various authorities. No registration.
In the Republican period continues to give grants, especially the Governors. No registration.
The first Water Code (1951) deals more narrowly: one authority dealership. Introducing the registration.
View Document National Legislation in Time
All these rights are also included amongst those who call awarded.