Decree 1090
“Whereby Decree 1076 of 2015, Sole Regulatory Decree of the Environment and Sustainable Development Sector, is added in relation to the Programme for the Efficient Use and Saving of Water and other provisions are issued.”
The aforementioned rule applies to the Environmental Authorities, for users applying for a water concession and to the territorial entities responsible for implementing projects or guidelines aimed at efficient water use and water saving.
In any case, the Decree states that the MADS by resolution will establish the structure and content of the Programme for the Efficient Use and Saving of Water PUEAA.
By virtue of this regulation, the application for a water concession and the application for the presentation of an environmental licence that implies a water concession must present the Programme for the Efficient Use and Saving of Water (PUEAA) to the competent environmental authority.
Notwithstanding the foregoing, the regulation sets out the following Transitional Regime:
“For projects, works or activities that are in progress or in activity and that are in the following events, a transitional regime will be adopted, as follows:
1. The projects, works or activities that initiated the procedures for obtaining the water concession or the establishment of the environmental license that carries implicitly the water concession required by the regulations in force at that time, will continue their procedure in accordance with the same and in case of, obtain them may advance and / or continue the project, work or activity, according to the terms, conditions and obligations issued for the purpose, unless the interested party unilaterally avails himself of the provisions herein.
2. The projects, works or activities, which in accordance with the regulations in force prior to the addition of the present subsection, obtained the water concessions or the environmental licence implicit in the concession, will continue their activities subject to the terms, conditions and obligations indicated in the administrative acts thus issued, in any case, in the event that the holder of the concession or environmental licence intends to renew or modify the concession must give application to the provisions herein.”
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Attachments:
DECRETO-1090-DEL-28-DE-JUNIO-DE-2018-1.pdf