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Peru: The procedure for obtaining water use licenses under regularization has been approved

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In brief

By Administrative Resolution N° 057-2021-ANA, published on 13 March, the National Water Authority (ANA in Spanish) establishes the procedure for obtaining a license for the use of water, in the framework of the regime of formalization (“Formalization Procedure“), approved by Supreme Decree N° 010-2020-MINAGRI, issued 15 October 2020. It also approves the technical criteria for the evaluation of applications and formats required to achieve this effect (“Technical Criteria“).

To review the conditions to qualify for the formalization regime, as well as the various general aspects linked to it, please enter here.

Within the main provisions of the administrative resolution under comment, we found the following:

1. The Formalization Procedure will be developed progressively, depending on the information that the ANA has on the accredited availability of the water resource.

2. In order for the application to proceed, the interested party must prove the following Technical Criteria:

  1. The water availability, at the point of interest, is accredited by the ANA, in the evaluation process.
  2. There is operational hydraulic infrastructure for water use.
  3. The temporality of water use has been certified, that is, the use of water in the declared operating unit, as of 31 December 2014 (e.g., operating license of the activity).
  4. There is a certified, approved environmental management instrument, where appropriate.
  5. The authorization or concession for the development of the activity for which the use of water is intended has been certified, where appropriate.
  6. In the case of agricultural use, the party  has its own water supply.

3. The deadline to apply for the Formalization Procedure is one year, counted from 15 March. This procedure is one of prior evaluations, subject to negative silence, and resolved by the Water Administrative Authority within a maximum period of 30 working days, counted from the submission of the application.

4. Both the request for the start of the procedure, as well as the accreditation of certain requirements, are fulfilled through the attached formats as annexes to this legal alert.

We trust that this information is relevant to you and your company. If you require a deeper understanding of the topic, do not hesitate to contact us.

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Valentin Paniagua represents clients in mining and corporate transactions. He has extensive experience in project finance, acquisitions and sales of companies and assets. He advices clients on the different commercial, regulatory, corporate and litigation aspects related to the development of mining activities and natural resources. Recognized for his mining experience, Valentin has been ranked in several leading publications including Chambers Global, Chambers Latin America, IFRL 1000, Legal 500 and Latin Lawyer. He has also been recognized in Who’s Who of Mining Lawyers, for 10 consecutive years.

Author

Alexandra Carranza is an associate in Estudio Echecopar. She has been recently recognized by Legal 500 as an ‘associate to watch.’ Alexandra forms part of multidisciplinary teams for the financing and implementation of projects related to conservation schemes, and energy, mining, industry, agriculture and infrastructure businesses.

Author

Lawyer from the Pontificia Universidad Catolica del Peru, with expertise in matters related to environment and public law. Natalia has studied a MSc in Environmental Policy and Regulation at the London School of Economics and Political Science. Her current research interests involve environmental regulation, political ecology, sustainable economies and environmental and social issues around natural resources. Specifically, she has been studying the illegal mining, deforestation and impacts to vulnerable people, thus she has published a few articles on that matter.

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