Last Monday, January 15, the resolution was published in the Official Gazette that establishes the list of water use rights subject to the payment of patents for not having the exploitation works for the use of water, which in the region of Ñuble , had an increase. This was explained by the Seremi of Public Works, Paulo De la Fuente, and the general director of Water (DGA) in the region, Marcelo Godoy, an increase that is due to the increase in inspections that have been carried out.
There are 135 water use rights in the region, both consumptive (water that is used and not returned to the channel) and non-consumptive (water that is used and then returns to the channel), which together must cancel approximately 6 one thousand 529 million pesos. Of the total, consumptive rights correspond to 6,779.12 liters per second, while non-consumptive rights represent greater flows, with 626,987.69 liters per second.
“Together with our General Directorate of Water, we are reporting on the list published in the Official Gazette this past Monday, of water use rights subject to patent payment for not having the exploitation works for the use of water, and the detail in our region of Ñuble. As our Minister Jessica López has pointed out, here, beyond monetary collection, as citizens we must not forget that the objective of this patent is for people to make use of their water use rights, or to renounce that right. right that they do not use, so that it returns to the State to eventually dispose of it and grant it with priority for human consumption, establish a reserve over said waters or even grant it once more,” explained Paulo De la Fuente, seremi of Public Works.
It should be noted that this year the numbers affected by the collection of patents increased by 30 rights, which according to Marcelo Godoy, regional director of the General Directorate of Water of the MOP, is due to the increase in inspections. “We have a total of 135 rights that are subject to the payment of patents, this occurs with respect to consumptive and non-consumptive flows. Regarding last year’s values, we can indicate that we have increased from 105 to 135, and this is mainly due to greater inspection, where we have been detecting rights that are idle, that in short the applicants request them and do nothing with them , and it is our obligation, and as mandated by the Water Code, to supervise these rights,” said Godoy.
The regional director of the DGA also maintained that, for the new water use rights, it is the DGA itself that will proceed with the conservatory registration in accordance with article 150 of the Water Code.
The patent for non-use is determined based on the non-existence of works associated with the use of water or those works that do not have the capacity to extract the entire flow granted in the right to use water, applying to those rights to use water. whose owners have not built these works necessary for their acquisition and conduct. That is, they do not use or partially use the water use rights granted.
“For all these purposes, it must be remembered that the obligation to incorporate a right to use water in the resolution that establishes this list falls on the General Directorate of Water, and in the event of any change or update of the verified situation, it is the owner of the right. right who must appeal through a reconsideration appeal contemplated in article 136 of the Water Code, whose deadline this year expires on February 26,” emphasized, for his part, Seremi Paulo De la Fuente.
Fundraising
De la Fuente added that, “the payment of these patents implies the collection of funds for the treasury, which are subsequently distributed among the National Regional Development Fund (FNDR) of each regional government (65%); the municipalities, in proportion to the surface area of the communes where the Registrar of Real Estate is competent, in whose registry the respective inscriptions appear (10%), and the general fiscal funds (25%).”
It should be noted that what was collected by the General Treasury of the Republic as a patent for non-use of water use rights, for the 2023 collection process, corresponded to an effective total of $30,972 million, approximately, at the national level. Payment must be made to the General Treasury of the Republic during the month of March and if the patent is not paid, a judicial collection process will begin that might lead to the auction of the right.
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