DECLARATION AS A NATIONAL PRIORITY STUDIES OF EXPLORATION AND USE OF THE WATER RESOURCES IN THE SOUTHEAST REGION OF THE DEPARTMENT OF POTOSÍ.
ARTICLE 1. Studies of exploration, quantitative measurement, evaluation, and optimum use of the water resources in the southeast region of the Department of Potosí are hereby declared to be a national priority.
ARTICLE 2. The studies of exploration, quantitative measurement and evaluation of water resources have as their principal objective to define the best destination and use of the same, according to the socio-economic needs that exist in the southeast region of the Department of Potosí and the possibilities for exportation.
ARTICLE 3. Studies of exploration, quantitative measurement, and evaluation will be put to bid and carried out in accordance with the goal of analyzing the best use of the resources, through the Executive, who will work in turn through the Ministry of Sustainable Development and Planning.
The Executive, working through the Ministry of Sustainable Development and Planning, will be responsible for carrying out the technical supervision and will oversee the exploration, quantitative measurement and evaluation studies, assigning to these the human, financial and logistical resources required through to their conclusion, including if appropriate to contract, in a direct manner, additional expert personnel for this purpose.
The terms of reference for the companies responsible for carrying out the studies of exploration, quantitative measurement, evaluation and use of water resources in the southeast region of the Department of Potosí, will be determined in a maximum of 45 days. In the Terms of Reference for the execution of the studies, there will necessarily be included a carrying out of consultative workshops and social harmonization, in order to coordinate together with the population of Potosí the feasibility criteria for planned uses of the water resources of the southeast region of the Department of Potosí.
ARTICLE 4. In the case that the studies of exploration, quantitative measurement, evaluation and use of water resources indicate in their results excess available for export purposes, the following is determined:
- The Executive will grant the respective permissions to the selected companies to export the subterranean water resources of the southeast region of the Department of Potosí. The selection process for the companies will be undertaken through a transparent, public process, in compliance with current norms.
- A regimen of royalties for subterranean water resources exploitation equivalent to a minimum of 25% of the gross value of the waters exported. Of the total of the perceived royalties, 50% will be destined for the municipalities in whose jurisdiction the exploited water resources are located, and the remaining 50% to the Prefectura of the Department for productive projects or inter-provincial and departmental infrastructure projects.
- Establishment of a levy equivalent to 1% of the gross value of the exportation, assigned to the respective regulatory body, as determined by the Executive.
ARTICLE 5. The use of the water resources of the Department of Potosí will be strictly conditioned by existing norms for environmental management, for natural resources, and for attention to and respect for the socio-cultural aspects of indigenous and campesino (peasant farming) communities.
Indigenous and campesino communities local to, and which make use of, the aquifer resource are exempt from any type of charge or tax on this resource.
ARTICLE 6. A term of 45 days is set for the passing of this law.
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