reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785n - Property taxes

For purpose of property tax payments to the Municipal Revenue Collections Center, the appraised value of the property encumbered by a conservation easement shall be fully exempt when the conservation easement is granted for the whole property. If the conservation easement only encumbers a portion of the property subject to a conservation easement, the reduction in the appraised value of the aforementioned property shall be equal to the proportion not encumbered.
The owner of the property or land in which a conservation easement has been constituted shall be exempt from taxation for the value of the conservation easement. In the case of donation of eligible lands, the property shall be fully exempt from property taxes.
History —Dec. 27, 2001, No. 183, § 19, renumbered as § 20 on June 4, 2004, No 138, § 3; July 12, 2011, No. 127, § 5; renumbered as § 21 by § 79 and amended by § 80 on Nov. 17, 2015, No. 187, eff. Jan. 1, 2016.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785o - Rules to receive tax benefits

The Department of the Treasury and the Municipal Revenue Collections Center are hereby directed to establish, within six (6) months after the effective date of this act, the rules to receive the tax benefits established in this chapter.
History —Dec. 27, 2001, No. 183, § 20, renumbered as § 21 on June 4, 2004, No. 138, § 3, retroactive to Jan. 1, 2004; renumbered as § 22 on Nov. 17, 2015, No. 187, § 79.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART III - Water Rights (§§ 701 — 785p) › Chapter 78 - Conservation Easements (§§ 785 — 785p) › § 785p - Interpretation

In case of any doubts, the construction of the easement shall favor a higher ecologic, historic, cultural, or agricultural preservation for the purposes stated in Section 6.
History —Dec. 27, 2001, No. 183, § 21, renumbered as § 22 on June 4, 2004, No. 138, § 3, retroactive to Jan. 1, 2004; renumbered as § 23 on Nov. 17, 2015, No. 187, § 79.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter I - Use of Public Waters for Domestic, Agricultural, and Manufacturing Purposes (§§ 801 — 803) › § 802 - Removal of water from canals, ditches, or aqueducts; entry on private property

Any persons may remove in vessels any water they may require for domestic or manufacturing uses, or for the irrigation of isolated plants, from waters which have been artificially diverted from their natural public channels into canals, ditches, or uncovered aqueducts, even though they belong to private grantees; but the water must be taken by hand, without the use of any machinery or apparatus and without interrupting the course of the water, nor injuring the edges of the canal or ditch. The authorities must, nevertheless, limit the use of this right when it causes injury to the grantee of the waters. It is understood that no one may enter private property to search for or use water without the permission of the owner.
History —Law of Waters, art. 127.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter I - Use of Public Waters for Domestic, Agricultural, and Manufacturing Purposes (§§ 801 — 803) › § 803 - Washing of clothes, etc., in canals, ditches, or aqueducts

In the same manner all persons may wash clothing, vessels, or other objects in canals, ditches, or uncovered aqueducts of public waters, even though they be the temporary property of the grantees, provided the margins are not injured thereby and that the use to which the water is put does not require that it be in a state of purity. But cattle or horses shall be bathed or watered only at the places set aside for this purpose.
History —Law of Waters, art. 128.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter II - Use of Public Waters for Fishing (§§ 811 — 815) › § 811 - Fishing in public channels

Any person may fish in public channels, subject to the laws and police regulations which may be issued with special relation to fishing, provided navigation or floating be not interfered with.
History —Law of Waters, art. 129.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter II - Use of Public Waters for Fishing (§§ 811 — 815) › § 812 - Fishing in canals, ditches, or aqueducts

Any person may fish with hooks, nets, or bow nets, in accordance with the special regulations governing fishing, in canals, ditches, or aqueducts for the conduction of public waters, even though constructed by the grantees thereof, unless the right to fish has been reserved to them by the terms of the concession, and provided the course of the water be not obstructed nor the canal or the margins thereof injured.
History —Law of Waters, art. 130.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter II - Use of Public Waters for Fishing (§§ 811 — 815) › § 813 - Construction of weirs, etc

In everything relating to the construction of weirs or any other kind of apparatus destined to fishing, both in navigable rivers as in those down which rafts or logs may be floated and other rivers, the provisions in force on this subject or the laws and regulations which may hereafter be enacted shall be observed.
History —Law of Waters, art. 131.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 85 - Common Use of Public Waters (§§ 801 — 821-833) › Subchapter II - Use of Public Waters for Fishing (§§ 811 — 815) › § 814 - Damage to weirs or fisheries

The owners of weirs or fisheries established in navigable rivers or in rivers down which rafts or logs may be floated shall not be entitled to any indemnity for any damage caused thereto by the vessels navigating or the timber floating, unless the persons guiding the same shall have been guilty of a violation of the general regulations, of malice or evident negligence.
History —Law of Waters, art. 132.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 87 - Special Uses of Public Waters (§§ 851-854 — 971-974) › Subchapter I - Concession of Uses (§§ 851-854 — 863-867) › § 855 - Lands included in grant; servitude; condemnation

A grant for the use of public waters shall be understood to include that of the lands of public ownership necessary for the works of dams and canals and ditches.
With regard to lands belonging to the State, a Province, towns, or private individuals, a compulsory servitude shall be imposed according to the cases, without prejudice to the provisions of § 724 of this title; or they shall be condemned for a cause of public utility, after the proper proceedings and other formalities required.
History —Law of Waters, art. 151.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 87 - Special Uses of Public Waters (§§ 851-854 — 971-974) › Subchapter I - Concession of Uses (§§ 851-854 — 863-867) › § 858 - Responsibility for failure or diminution in volume of water

The administration shall not be responsible for a failure of or diminution in the volume of water mentioned in the concession, whether it be due to error or to any other cause.
History —Law of Waters, art. 154.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 87 - Special Uses of Public Waters (§§ 851-854 — 971-974) › Subchapter I - Concession of Uses (§§ 851-854 — 863-867) › § 862 - Forfeiture of grants

Grants for the use of waters shall be forfeited upon failure to comply with the conditions and to observe the terms under which they may have been made.
History —Law of Waters, art. 158.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 87 - Special Uses of Public Waters (§§ 851-854 — 971-974) › Subchapter IV - Use of Public Waters for Irrigation (§§ 901 — 905-929) › § 901 - Storage and use of pluvial waters

The owners of estates adjoining public roads may collect the pluvial waters flowing thereon, and make use thereof in the irrigation of their estates, subject to the provisions of the ordinances relating to the maintenance and police of such roads.
History —Law of Waters, art. 176.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART IV - Common Use of Public Waters (§§ 801 — 971-974) › Chapter 87 - Special Uses of Public Waters (§§ 851-854 — 971-974) › Subchapter IV - Use of Public Waters for Irrigation (§§ 901 — 905-929) › § 904 - Use for twenty years

Persons who shall for twenty years have made use for the irrigation of their lands of pluvial waters descending a ravine or gully, or any other similar channel of public ownership, may object to owners of higher tenements depriving them of this use. But if they shall have used a part of the water only, they cannot prevent others from using the remainder, provided the course of the amount which they previously used remains unimpaired.
History —Law of Waters, art. 179.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4 - Water Law (1903) › PART V - Miscellaneous Provisions (§§ 1001 — 1111-1111h) › Chapter 101 - Police of Waters (§§ 1001 — 1002) › § 1001 - Police of public waters

The police of public waters and of their natural channels, their banks and servitude zones shall be in charge of the administration and shall be exercised by the Colonial Secretary who shall issue the provisions necessary for proper order in the use and enjoyment thereof.
History —Law of Waters, art. 226.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115 - Short title

This chapter shall be known as an “Act for the Conservation, Development and Use of the Water Resources of Puerto Rico”.
History —June 3, 1976, No. 136, p. 390, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115a - Statement of public policy

It is the public policy of the Commonwealth to maintain the degree of purity of the waters of Puerto Rico required for the welfare, safety and development of the Island, to insure the water supply that may be needed by the present and future Puerto Rican generations by establishing water reservation areas and using the waters and bodies of water in accordance with the public interest and with their best, most beneficial and most reasonable use. To this end, and apropos, it is expressly declared, in order to protect our people from the adversities of the shortage, misuse, waste and pollution of such an essential resource, as well as to attain that its utilization be compatible with the physico-natural realities surrounding it and with the social and economic needs of our Island, that the waters and bodies of water of Puerto Rico are the property and wealth of the People of Puerto Rico. The Commonwealth Government shall administer and protect this patrimony in the name and on behalf of the Puerto Rican people.
Likewise it is the policy of the Commonwealth to achieve the most equitable and fairest distribution of its waters. To that effect it is established that the water requirements inherent in domestic consumption and particularly human consumption, shall be satisfied with priority over any others and that in the adjudication of the surplus available, the public interest shall prevail over any other interest or claim.
History —June 3, 1976, No. 136, p. 390, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115c - Assignment of dominion

All waters and bodies of water of Puerto Rico are hereby declared to be the property and wealth of the People of Puerto Rico. Their use, utilization and development shall be subject to the provision of this chapter and of the regulations prescribed thereunder.
History —June 3, 1976, No. 136, p. 390, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115e - Water Resources Committee

The Secretary shall appoint a Water Resources Committee to advise him in the preparation of the integral plan for the use, conservation and development of the water resources and to assist him in any other function entrusted to him by this chapter. The Committee shall be composed of representatives of the Planning Board, the Economic Development Administration, the Board on Environmental Quality, the Aqueduct and Sewer Authority, the Water Resources Authority, the Department of Agriculture, the Department of Health, the Department of Transportation and Public Works and the University of Puerto Rico. The Secretary may, when he deems it convenient, enlarge the Committee by appointing representatives of other agencies of the Commonwealth and of the United States Government, and private persons concerned with the water resources of Puerto Rico. The operating costs of the Committee shall be defrayed by the Department of Natural and Environmental Resources.
History —June 3, 1976, No. 136, p. 390, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115f - Functions

In the preparation and implementation of the integral plan for the use, conservation and development of the water resources, the Secretary shall strictly follow the rules and findings with regard to the quality and potability of the waters the Board on Environmental Quality and the Department of Health, respectively, may adopt. It is further provided that such integral plan for the use, conservation and development of the water resources shall be considered as a sectorial plan, as provided in §§ 62–63j of Title 23.
History —June 3, 1976, No. 136, p. 390, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115g - Prohibition

No person may construct, establish or operate a water-connection system, or use or utilize the waters and bodies of water of Puerto Rico without the corresponding permit or franchise issued by the Secretary. These rights shall not be acquired by prescription.
History —June 3, 1976, No. 136, p. 390, § 8.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115i - Accidental or illegal “surfacing”

(a) The provisions of this chapter relating to permits and franchises shall not apply to “surfacing” resulting from activities carried out for other purposes. The Secretary shall provide by regulation the procedure to be followed in such cases.
(b) Waters “surfaced” in violation of this chapter shall not legally benefit the person who “surfaced” them.
History —June 3, 1976, No. 136, p. 390, § 10.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115j - Substitution of sources

(a) Permits and franchises for the use of waters constitute authorizations to utilize and extract certain specific quantities of water and not a right over a source. The Secretary may substitute the source of supply of a user provided he guarantees to the latter waters of quality and in quantity comparable to those he is using. Likewise, and in order to protect bodies of water which at the time this act is approved require special attention, the Secretary may satisfy water rights acquired under the previous law by the utilization of other sources that provide the supply needed by their possessors. The costs corresponding to the substitution of sources shall be determined by the Secretary, or on his petition, by the Court of First Instance and shall be paid by the Commonwealth of Puerto Rico. The Secretary may transfer, in whole or in part, to the party benefited by the substitution the costs corresponding thereto.
(b) For the purposes of substituting sources, the Secretary may establish time limits and other reasonable conditions that may permit the enjoyment of vested rights and protect the public interest.
(c) Nothing provided herein imposes on the Government of the Commonwealth an obligation to guarantee the quality or quantity of waters whose utilization it authorizes.
History —June 3, 1976, No. 136, p. 390, § 11.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115l - Grounds for revocation of permits and franchises

The Secretary may, upon notice and hearing to that effect, modify, suspend temporarily, or cancel a permit or franchise for any of the following reasons:
(1) Intentional violations of this chapter, of Act No. 9 of June 18, 1970, of §§ 151–163 of Title 3, or of the standards, decisions and regulations adopted thereunder.
(2) Violation of any of the conditions established in the permit or franchise and, particularly, those referring to the volume, form, rhythm, place, time and purpose of the utilization.
(3) The nonusing, without good cause, of the permit or franchise for the time fixed therein, or if none is fixed, for the period of one year.
(4) Where the holder refuses to furnish the information requested by the Board on Environmental Quality and the Secretary, or furnishes false information.
The Board on Environmental Quality may request the Secretary to revoke a permit or franchise when it realizes that, as a result of the corresponding utilization, damage or significant adverse effect is being caused or may be caused to the environment or to any natural system.
History —June 3, 1976, No. 136, p. 390, § 13.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115m - Dispensations

In furtherance of the public interest, the Secretary may grant dispensations within his plan and regulation for the use, conservation and development of the waters and bodies of water of Puerto Rico. Said dispensations shall be preceded by public hearings which shall be announced as provided in § 1115r of this title. The applicant for the dispensation shall bear the burden of proof and must show clearly and conclusively that he would utilize the waters he seeks in the best and most beneficial and reasonable way; that the dispensation would not entail a significant adverse effect on the environment or natural systems; that it would not impair vested rights or the enjoyment of another’s property, and that it would not jeopardize the health, safety and welfare of the community. After hearing the evidence, the Secretary shall enter an order based on findings of fact and issues of law. The decision of the Secretary may be reviewed by the Court of First Intance of Puerto Rico upon the filing of a petition to that effect by any interested party within thirty (30) days after its official notice.
Any use, dispensed in whole or in part, shall be subject to the emergency powers which Section 5(h) of this act grants to the Governor, and to the regulatory requirements that may be established by the Board on Environmental Quality and the Secretary.
History —June 3, 1976, No. 136, p. 390, § 14.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115n - Priorities of use

Where several petitions are presented for the purpose of utilizing beneficially and reasonably a body of water and it lacks the sufficient volume to meet them all, or when there is sought the beneficial and reasonable utilization of a body of water that is incompatible with another foreseeable use also beneficial and reasonable, or when there is sought the utilization of a source for a purpose more beneficial and reasonable than any of the existing ones, the Secretary shall grant the petitions which represent the most beneficial and reasonable utilization and best satisfy the public interest and the purposes of this chapter. The adjudication of an insufficient volume of water shall be based on an analysis of costs and social benefits. The utilization of waters for domestic consumption and particularly for human consumption shall have priority over any others.
The Secretary shall establish the regulatory procedures necessary to enforce this section. The compensation or payment corresponding to holders of permits or franchises which may be affected by decisions which the Secretary may adopt by virtue of the powers granted to him by this section shall be determined pursuant to the procedure established in section 1115j(a) of this title.
History —June 3, 1976, No. 136, p. 390, § 15.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115o - Vested rights

Every legal, beneficial and reasonable use and utilization of waters existing on the date this act takes effect, including those acquired under grants from the government of Spain, or which existed within the preceding year, or was to commence at the termination of works in progress of the effective date of this act shall be considered as a vested right under the previous legislation and shall be protected by this chapter, taking into account the nature, content and scope of the right, as provided by the legislation from which it originated. The Secretary may recognize a vested right of a lesser amount than that claimed by the holder.
This provision does not limit the powers which § 1115d of this title grants to the Secretary, and in no way reduces his authority to establish the true existence of the rights claimed, or to require the inscription and registration thereof, or to require information on existing wells and water connections, or to inspect those wells or water connections, or to require, in accord with reasonable terms and conditions, the conformation of existing installations or those under construction to the regulations that may be established, or to order the installation of water meters or systems that gauge the volume of water used, or to require the repair of installations or the introduction of improvements that may reduce water waste.
History —June 3, 1976, No. 136, p. 390, § 16; Aug. 29, 2000, No. 229, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115p - Registry of rights of use

The Secretary shall establish special procedures for the registration of the rights of use and utilization of waters acquired under the previous legislation. To this effect the Secretary may set dates for the filing of the corresponding statements and require the information he may consider useful to establish the true existence and exact amount of the rights claimed. Likewise, he may, motu proprio, adopt such decisions as may be pertinent regarding the right of those who, having such right, have not claimed it or have not met the requirements established to that effect.
Within a period of not more than thirty (30) days after the approval of this act, the Secretary shall begin to prepare an inventory of the wells existing in Puerto Rico. This inventory may be prepared according to a procedure different from the one used to determine vested rights under the previous legislation.
History —June 3, 1976, No. 136, p. 390, § 17.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115r-1 - Procedures for water distribution relative to U.S. claims

When an agency or an entity of the government of the United States of America appears as one of the claimants of preferential rights or vested rights over a body of water in Puerto Rico, the Secretary shall follow the following procedure:
(1) The Secretary shall not begin the administrative procedure and shall request that the Secretary of Justice file a claim representing the Commonwealth of Puerto Rico and against the other claimants before the Court of First Instance requesting that the respective rights to water be adjudged. This shall be consistent with what is established in 43 U.S.C. 666.
(2) The Secretary shall prepare a list of the known claimants including their residential address, telephone number, postal address and a summary of the right being claimed, which will be presented to the court together with the claim. The Secretary shall publish a notice in a newspaper of general circulation once for two (2) consecutive weeks inviting all parties holding a claim over the body of water in controversy to have their names included in the list of claimants.
(3) The court clerk shall issue personal summons[es] addressed to all known claimants. Summons[es] shall be issued by publication to all unknown claimants according to what is established in the Puerto Rico Rules of Civil Procedure.
(4) Once summoned, each claimant shall have twenty (20) days since being personally summoned and thirty (30) days if summoned by publication to file a pleading with his allegations, documentary evidence, relief requested and any other additional information to help the court in determining the rights to the water.
(5) The court may use its discretion to appoint a special master according to Rule 41 of the Rules of Civil Procedure of Puerto Rico, App. III of Title 32.
(6) The court, if it deems it necessary, or upon a party’s petition, may schedule an evidentiary hearing for the purpose of receiving proof and to hear the parties involved.
(7) Once it has made a determination of rights, the court shall issue a judgment specifying the rights held by each claimant. In the judgment the court can make a determination as to the nature, scope, preference and conditions of the rights of water use.
(8) Once the judgment becomes final and binding, the Secretary shall issue the corresponding certificates of preference, franchises, or any other document proving the rights set forth in the judgment.
History —June 3, 1976, No. 136, p. 390, added as § 19-A on Jan. 1, 2003, No. 16, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115s - Procedure at hearings and review

At every administrative hearing of a quasi-judicial nature required by this chapter the following procedures shall be observed:
(1) The Secretary or a representative shall preside over the hearing.
(2) The appearing parties shall be entitled to offer all the evidence and to argue their case.
(3) Insofar as applicable, the fundamental principles of the Law of Evidence shall prevail, without being subject to technicalities and said law shall be construed as liberally as possible.
(4) The Secretary shall issue his order or decision within thirty (30) days following the date when the hearing is terminated and he shall notify it to the party or parties affected, except that in cases of prolonged hearings and lengthy records or of complicated cases, the period of thirty (30) days may be extended to a maximum of ninety (90) days.
(5) The order or decision of the Secretary shall be final unless, within thirty (30) days following the date of notice, a review is sought before the Court of First Instance.
History —June 3, 1976, No. 136, p. 390, § 20.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115t - Public information

([a]) The information related to the supplies and bodies of water of Puerto Rico, including the coastal waters, shall be held as information of a public character and shall be available for inspection by the public in general. Studies on the quality of waters and the deposits of effluents in bodies of water shall partake of the same character.
(b) Documents and information brought before the Secretary by owners or managers of commercial or industrial enterprises and which refer to the production or production processes, or to the volume of sales, or which if known could injure the competitive position of the entity, shall be of a confidential nature except where the person presenting them expressly consents otherwise. This provision shall not preclude the Secretary from using the confidential documents and information submitted to him in analyses or summaries related to the general condition of the waters or of the air, provided he does not disclose the source presenting the information.
History —June 3, 1976, No. 136, p. 390, § 21.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115u - Actions by citizens

Any citizen domiciled in Puerto Rico may bring a civil action under this chapter in the following cases:
(1) Against any person, instrumentality, agency, municipality, or public or quasi public corporation of the Commonwealth who is found to be in violation of this chapter or of any regulation, standard or order issued thereunder by the Secretary.
(2) Against the Secretary of Natural and Environmental Resources when it is alleged that he has failed to comply with a non-discretionary duty imposed by this chapter.
(3) Against the Secretary of Natural and Environmental Resources when it is alleged that he has committed an abuse or excess of discretion, or an arbitrary act, in enforcing any limitation or standard of effluents established hereunder.
The Court of First Instance of Puerto Rico shall have jurisdiction over these actions irrespective of the amount in issue.
In issuing any final order on actions instituted under this section, the Court may levy such costs as it may deem proper on any of the parties in the action.
History —June 3, 1976, No. 136, p. 390, § 22.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 4A - Water Law (1976) › Chapter 118 - Conservation, Development and Use of Water Resources (§§ 1115 — 1115v) › § 1115v - Penal sanctions

Any person who personally or through his agents, representatives or employees, engages in constructing, establishing or operating a water connection system, or who uses or utilizes the waters and bodies of water in Puerto Rico without the corresponding permit or franchise issued by the Secretary shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars ($500) or by imprisonment not to exceed six (6) months, or both, in the discretion of the court.
It shall also be a misdemeanor, punishable by the aforesaid penalties, to violate any order, decision or decree issued by the Secretary, or any condition or requirement established in a permit or franchise, or any of the provisions of this chapter or of the regulations promulgated thereunder.
Each day during which there persists the violation of any provision, requirement, determination, order or regulation of the Secretary, or of any of the provisions of this chapter, or of a final decree issued by the Court of First Instance of Puerto Rico shall constitute a separate and distinct violation.
Exclusive jurisdiction is granted to the Court of First Instance of Puerto Rico to hear the offenses established in this section.
History —June 3, 1976, No. 136, p. 390, § 23.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120 - Definitions

(1) Cooperative agreement.— A cooperation agreement among the State Government dependencies of the Commonwealth of Puerto Rico that use the services of the U.S. Geological Survey Services for purposes of agreeing and coordinating those U.S. Geological Survey Services projects and services they are interested in sharing amongst themselves.
(2) Special fund. — A fund in the Department of the Treasury in which the funds of the government agencies participating in the Joint Cooperative Agreement for the defrayment of expenses for the U.S. Geological Survey Water Resources Division Caribbean District services shall be appropriated and deposited.
(3) Committee.— The Committee shall consist of the Executive Board of the Cooperative Agreement, which in turn shall consist of a delegate designated by the following agencies or instrumentalities of the Commonwealth of Puerto Rico: the Environmental Quality Board, the University of Puerto Rico, the Planning Board, the Department of Natural and Environmental Resources, the Department of Agriculture, the Department of Health, the Department of Housing, the Industrial Development Company, the Tourism Company, the Aqueducts and Sewers Authority, the Electric Power Authority, the Highways Authority, the Department of Transportation and Public Works, the Solid Waste Authority, and the Department of the Treasury. The Environmental Quality Board shall appoint the president of this Committee, and the Department of the Treasury shall appoint its treasurer.
(4) U.S. Geological Survey.— The geological services of the U.S. Geological Survey Water Resources Division Caribbean District. This is a federal government agency dedicated to the study of geological resources.
History —Jan. 4, 2003, No. 51, § 2; Sept. 22, 2004, No. 405, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120a - Subcommittee

The Joint Cooperative Agreement Committee shall name a subcommittee consisting of seven (7) members of the Joint Cooperative Agreement Committee, and said subcommittee shall be responsible for carrying out activities to solicit, accept, and receive monetary donations and to use same in the most efficient manner in behalf of the Joint Cooperative Agreement Committee.
This subcommittee shall be responsible for carrying out those agreements, as well as for the coordination of the projects and services of the members of the Joint Cooperative Agreement Committee and the U.S. Geological Survey.
The subcommittee shall recommend to the Joint Cooperative Agreement Committee the appropriations corresponding to each participating dependency, and the Joint Cooperative Agreement Committee shall study, analyze, make amendments if necessary, and approve the respective approved appropriations. The Committee shall be responsible for carrying out the necessary contracts and/or agreements deemed necessary, and shall review those contracts and/or agreements with the U.S. Geological Survey annually. The subcommittee shall also carry out those agreements and/or contracts deemed necessary with the agencies that comprise the Joint Cooperative Agreement Committee.
History —Jan. 4, 2003, No. 51, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120b - Special fund—Creation

A special fund is hereby created in the Department of the Treasury. This fund shall be used for the defrayment of services rendered by the U.S. Geological Survey to the members of the Joint Cooperative Agreement Committee.
This special fund shall be administered by the Department of the Treasury, and therefore, the Department of the Treasury may request, accept, and receive capitalization donations, as well as capitalization funds from any natural or legal person, or private or public entity, that are appropriated for the special fund.
The Secretary of the Treasury shall be responsible for the operations of said special fund, and thus may contract persons or entities to carry out said duties.
It is hereby clarified, in addition, that this special fund shall be used exclusively to maintain the continuity of the following services rendered by the U.S. Geological Survey, but without being construed as a limitation in research, studies, documentation, technological development, and monitoring of geological resources and related natural emergencies.
History —Jan. 4, 2003, No. 51, § 4.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120c - Financing

The funds budgeted in each agency under the Joint Cooperative Agreement Committee for projects with the U.S. Geological Survey shall be consigned annually to the special fund in the Department of the Treasury, pursuant to this section and Section 8 of this act. When an agency member of the Joint Cooperative Agreement Committee wishes to contract separately with the U.S. Geological Survey, it must consult the President and Treasurer of the Joint Cooperative Agreement Committee to determine that the services required are not included in the main agreement to be subscribed by the U.S. Geological Survey with the Joint Cooperative Agreement Committee.
History —Jan. 4, 2003, No. 51, § 5.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120d - Independence clause

All government agencies or dependencies shall be free to establish contracts for specific projects with the U.S. Geological Survey apart from the Cooperative Agreement, after having notified the President of the Environmental Quality Board and the Secretary of the Department of the Treasury.
History —Jan. 4, 2003, No. 51, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 120 - Joint Cooperative Agreement and Special Fund for U.S. Geological Survey Services (§§ 1120 — 1120e) › § 1120e - Main contract

The Joint Cooperative Agreement Committee shall strike agreements with the U.S. Geological Survey. This contract shall be known as the main contract, in which the total amount of the contract, and the percentage corresponding to each of the members of the Joint Cooperative Agreement Committee shall be specified.
Each individual contribution made by each member of the Agreement shall be deposited in the special fund, and shall be used and disbursed pursuant to the dispositions set forth in § 1120b of this title and § 8 of this Act.
The main contract shall be signed by the President and the Treasurer of the Cooperative Agreement Committee after being recommended by the subcommittee, and finally approved by the Cooperative Agreement Committee.
Those services to be rendered by the U.S. Geological Survey shall be set forth specifically in the main contract.
History —Jan. 4, 2003, No. 51, § 7.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143 - Short title

This chapter shall be known as “Act for the Protection and Preservation of the Caves, Caverns or Sinkholes of Puerto Rico”.
History —July 12, 1985, No. 111, p. 384, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143a - Public policy statement

It is hereby declared that it is the public policy of the Commonwealth to protect and preserve the caves, caverns or sinkholes in Puerto Rico. These are a unique natural resource because of their beautiful formations of natural materials; its fauna adapted to the subterranean environment; its archaeological and historical value; for being conductors and receptacles for subterranean water flow, and for providing a propitious environment for recreation and scientific research and investigation. The caves, caverns or sinkholes are, therefore, a legacy of nature that deserves immediate protection to prevent their irreparable damage or destruction.
History —July 12, 1985, No. 111, p. 384, § 2.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143b - Definitions

For the purposes of this chapter, the following terms and phrases shall have the meaning stated hereinbelow, unless a different meaning is clearly inferred from the text:
(a) Cave or cavern.— Natural cavity, niche, chamber or a series of chambers and galleries under the surface of the earth, inside a mountain, or formed by the horizontal projections of rocks in a cliff.
(b) Sinkhole.— Hole which is usually circular in form, found in karstic regions, with a diameter that may vary from several meters to a kilometer. [Its depth may be of several hundred meters.]
(c) Owner.— Proprietor of the piece of land or farm in which the cave, cavern or sinkhole is located, or in which the access or accesses to one of these is located.
(d) Natural material.— Every deposit, concretion or mineral formation in a cave, cavern or sinkhole. It includes, without being limited thereto: stalactites, eccentric stalactites, stalagmites, columns, dripstone, hangers, calcyte crystals, fans, dikes, cavern pearls, guano or deposits of living creatures, and others. Provided, That the walls, floors and ceilings of the caves, caverns or sinkholes are considered to be natural material.
(e) Government body.— Any department, agency, bureau, office, instrumentality, public corporation or political subdivision of the Government of the Commonwealth of Puerto Rico.
(f) Person.— Any natural or juridical, public or private person and any association thereof.
(g) Commercial activity.— Any activity carried on in any cave, cavern or sinkhole that generates or intends to generate financial profit.
History —July 12, 1985, No. 111, p. 384, § 3.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143d - Responsibility and authority to regulate

The Secretary of Natural and Environmental Resources is charged with the responsibility of implementing the provisions of this chapter, and is empowered to adopt the rules and regulations he/she deems necessary to comply with this responsibility, pursuant to §§ 2101 et seq. of Title 3, known as the “Commonwealth of Puerto Rico Uniform Administrative Procedures Act”. The Secretary of Natural and Environmental Resources shall draft and approve regulations directed to the protection and preservation of caves, caverns and sinkholes no later than the first (1st) of January of 2009.
History —July 12, 1985, No. 111, p. 384, § 5; Dec. 14, 2007, No. 200, § 1.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143e - Secretary’s orders and administrative fines

The Secretary of Natural and Environmental Resources is hereby empowered to issue orders to do or not to do, to cease and desist, and after the holding of hearings, impose penalties or administrative fines up to a maximum of ten thousand dollars ($10,000) for violations of this chapter, its regulations or the orders issued pursuant thereto.
History —July 12, 1985, No. 111, p. 384, § 6.
2023 Laws of Puerto Rico › TITLE TWELVE - Conservation (§§ 1-16 — 8162) › Subtitle 5 - Environment (§§ 1120 — 1436) › Chapter 122 - Protection and Preservation of Caves, Caverns and Sinkholes (§§ 1143 — 1143h) › § 1143f - Activities allowed

The following activities may be carried out in the caves, caverns or sinkholes, with the prior written consent of the Secretary of Natural and Environmental Resources and of the owner of the lot or land on which the access or accesses to be used to enter them is located; it being understood that even the owner must have the written consent of the Secretary:
(a) To perform scientific studies and take samples of waters, air, fauna, flora and natural materials.
(b) To remove or protect any animal or plant organism because of disease or contamination thereof and to prevent the spreading of diseases.
(c) To carry out studies and archaeological excavations and to remove for scientific and teaching purposes any archaeological evidence or feature. The prior written authorization of the Institute of Puerto Rican Culture shall be necessary for this activity.
(d) Use and make good use of the waters and the deposits of live organisms or guano.
(e) Construct, develop, install, use and administer physical facilities with scientific, public, tourist or commercial purposes. Provided, That to authorize this activity it must be proven that it is more useful to the community than maintaining the cave, cavern or sinkhole in its natural state.
(f) To perform work to adequately preserve this natural resource. In case the owner of the land or farm where one or more accesses for entry to said natural resources opposes such work, the Natural and Environmental Resources Department shall apply to the court with jurisdiction in these matters to obtain an order to allow the activities leading to said cleaning.
History —July 12, 1985, No. 111, p. 384, § 7; Sept. 2, 2000, No. 366, § 1.