reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter I - Construction of Irrigation System (§§ 341 — 347) › § 343 - Acquisition of property

The Governor of Puerto Rico or the Secretary of Transportation and Public Works are hereby empowered to acquire, at the request of the Authority, in the name and on behalf of the Commonwealth of Puerto Rico, and either by purchase, agreement, or the exercise of the power of eminent domain, or by any other lawful means, any title to property or interest in any properties which the Authority may deem necessary or convenient for carrying out the purposes of §§ 341—347 of this title, and said properties are for all legal purposes, hereby declared of public utility. The properties or any interest therein so acquired shall be placed in the possession of the Authority for the said purposes. Any property or interest therein belonging to the Commonwealth of Puerto Rico or to any political subdivision, or public agency or instrumentality of same, acquired before or after the approval of §§ 341—347 of this title and deemed by the Authority to be requisite or convenient for the carrying out of the purposes of same, shall, in the case of properties belonging to the Commonwealth of Puerto Rico, be placed, with the previous approval of the Governor, at the disposal and in the possession of the Authority by the officer in whose charge it may be, and, in the case of properties or any interest therein belonging to political subdivisions of public agencies or instrumentalities of the Commonwealth of Puerto Rico, shall be conveyed to the latter for use by the Authority in the carrying out of the said purposes, under the terms and conditions agreed upon by the affected parties, with the approval of the Governor.
History —Aug. 27, 1952, No. 23, p. 250, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter I - Construction of Irrigation System (§§ 341 — 347) › § 344 - Construction fund—Appropriation

For the carrying out of the purposes of §§ 341—347 of this title, there is hereby appropriated and placed at the disposal of the Authority, in the manner hereinafter provided, all of the funds existing at any time in the special fund known as the Southwestern Puerto Rico Project—Irrigation System Construction Fund, established by Act No. 203, approved May 7, 1952. The Secretary of the Treasury of Puerto Rico is hereby authorized and directed to place the funds of the said fund at the disposal of the Authority as needed by the latter to pay the costs and expenses connected with the construction of the works which make up the Irrigation System proper of the Southwestern Puerto Rico Project and which include and are necessary for the regulation, conduction, and distribution of the irrigation waters and other purposes.
History —Aug. 27, 1952, No. 23, p. 250, § 4.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter I - Construction of Irrigation System (§§ 341 — 347) › § 345 - Construction fund—Advance and administration of funds

From the Southwestern Puerto Rico Project—Irrigation System Construction Fund there shall from time to time be advanced to the Authority, at its request, sums adequate to provide the Authority with funds enough at all times with which to pay punctually all the costs and expenses incurred thereby, including a fair share of the general expenses of the Authority inuring to the construction of the Irrigation System proper. The Authority shall administer any funds received from the said fund just as it administers its own funds, but it shall use them solely for paying the said costs and expenses.
History —Aug. 27, 1952, No. 23, p. 250, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter I - Construction of Irrigation System (§§ 341 — 347) › § 346 - Construction fund—Investment of unneeded funds

The Secretary of the Treasury of Puerto Rico is hereby authorized to invest pro tem in negotiable securities of the United States of America such sums existing in the Southwestern Puerto Rico Project—Irrigation System Construction Fund as he considers are not for the time being needed for the prosecution of the works of the Irrigation System. To this end the Executive Director of the Authority shall furnish the Secretary of the Treasury of Puerto Rico the estimates of the amounts needed and the dates on which same must be available for the effectuation of the said works. The interest earned by said investments shall be credited to the same fund “Southwestern Puerto Rico Project—Irrigation System Construction Fund”, and the same are hereby appropriated to, and placed at the disposal of the Authority, for the same purposes set forth in §§ 341—347 of this title.
History —Aug. 27, 1952, No. 23, p. 250, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter I - Construction of Irrigation System (§§ 341 — 347) › § 347 - Construction fund—Recovery of funds from revenues of irrigation system

All sums heretofore or hereafter appropriated to the Southwestern Puerto Rico Project—Irrigation System Construction Fund, but without including any interest thereon, shall be recovered by the Public Treasury from the revenues deriving from the operation of the Irrigation System, in accordance with such provisions as may be established by subsequent legislation to that effect.
History —Aug. 27, 1952, No. 23, p. 250, § 7; June 18, 1958, No. 43, p. 69.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 361 - Construction

The Puerto Rico Electric Power Authority, hereinafter named the “Authority”, is carrying out the construction of a combined hydroelectric and irrigation project known as the “Southwestern Puerto Rico Project” (known also as the Lajas Valley Project) by utilizing the waters of certain rivers of Puerto Rico for the production of electric energy and then using them for water supply and for the irrigation of the lands comprised in the Irrigation District established by this subchapter. This Project is being carried out with funds obtained through the issuance of revenue bonds of the Authority, the Commonwealth of Puerto Rico having facilitated its realization through the approval of Act No. 2 of May 31, 1950, which permits, among other things, that the Authority issue a larger number of such bonds in order thus to cover the cost attributable to the irrigation aspect of that part of the project which is common to both purposes, and, in addition, by advancing, by virtue of §§ 341—347 of this title, funds appropriated for the Authority to continue the surveys and carry out the construction and establishment of the Irrigation System to which this subchapter refers, which includes the additional works that, independently of those of that part of the aforesaid project common to both purposes, are necessary for the regulation, conduction, and distribution of water for irrigation and other purposes.
History —June 10, 1953, No. 65, p. 182, § 1; June 18, 1958, No. 46, p. 71; Dec. 6, 1966, No. 4, p. 17, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 362 - Irrigation district established

There is hereby established the Southwestern Puerto Rico Irrigation District, also known as the Lajas Valley Irrigation District, whose geographical limits shall be fixed by the Authority in the manner hereinafter determined by this subchapter.
History —June 10, 1953, No. 65, p. 182, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 363 - Geographical limits of district

The Authority shall, in consultation with the Secretary of Agriculture, establish and fix the geographical limits of the Irrigation District so as to determine which irrigable lands are to be included therein.
History —June 10, 1953, No. 65, p. 182, § 3; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 365 - Trial-basis district—Formation; notice

After the list and maps have been filed with the Secretary of the Treasury, the Authority shall forward a copy of such list and maps to the mayor of each of the municipalities of Cabo Rojo, Lajas, San Germán, Sabana Grande, Guanica, Yauco, Ponce, Mayagüez, and shall advertise for six (6) consecutive days, in at least one daily newspaper of general circulation in Puerto Rico, the fact that the list and maps of the Irrigation District are in the Office of the Secretary of the Treasury and in the office of the mayor of each one of the aforementioned municipalities, where the same shall be open to inspection by the public.
History —June 10, 1953, No. 65, p. 182, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 366 - Trial-basis district—Formation; review of decisions

Within a period of sixty (60) days on and after the publication of the last notice in a newspaper of general circulation, as provided in § 365 of this title, any owner of a tract of land which has not been included in the Irrigation District on a trial basis, may request of the Authority that the same be included in the District, and, if it has been included, he may request that same be excluded therefrom. The Authority and the Department of Agriculture shall hear and consider the reasons adduced by such owner. The Authority, in consultation with the Secretary of Agriculture, shall determine the inclusion or exclusion of such tract of land in or from the District during the trial period, taking into consideration all interests involved in the case. Whatever determination the Authority may make in this respect, on consulting with the Secretary of Agriculture, after listening to such owner, shall be prima facie true and correct.
History —June 10, 1953, No. 65, p. 182, § 6; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 368a - District with a permanent character—Lands irrigated by pumping

There may be included in the Trial-Basis District and later in the Permanent Irrigation District established by this subchapter, tracts of lands or parts thereof so located as to be susceptible of irrigation by the hoisting of water through pumping, provided that:
(1) The owners of said tracts request their inclusion in the District;
(2) said owners build the necessary works for the hoisting of the water to irrigate said tracts through pumping, and take charge of the operation and maintenance thereof, and
(3) the lands to be included qualify therefor, in the judgment of the Secretary of Agriculture, after said officer has ascertained that through irrigation by pumping said lands will derive a benefit greater than the total cost or charge which this subchapter imposes on the lands to be irrigated by pumping.
History —June 10, 1953, No. 65, p. 182, added as § 8A on June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 369 - District with a permanent character—Formation; notice

After the said list and map or maps shall have been filed in the Office of the Secretary of the Treasury, the Authority shall send a copy thereof to the mayor of each one of the municipalities mentioned in § 365 of this title, and shall publish the advertisements in the manner provided in said section.
History —June 10, 1953, No. 65, p. 182, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 370 - District with a permanent character—Appeal to the courts

The determinations of the Authority with regard to what lands are to constitute the Irrigation District with a permanent character shall be prima facie true and correct; however, any owner of a tract of land who feels himself aggrieved by the decision of the Authority as to the inclusion or exclusion of any tract of land in or from the Irrigation District with a permanent character, may, within the term of sixty (60) days counting from the last publication of the notice provided by § 369 of this title, appeal to the Court of First Instance Puerto Rico, requesting a review of the determination of the Authority. Once filed, the appeal shall follow the regular procedure established by said court, but shall, however, be given preference on the calendar over all other matters pending. From the decision of this court the owner or the Authority may appeal to the Supreme Court of Puerto Rico, which shall consider such appeal as a question of emergency and shall give it preference on the calendar over all other matters. The Supreme Court may call for additional testimony or evidence whenever in its opinion the same is necessary in order properly to review any findings of fact of the lower court.
History —June 10, 1953, No. 65, p. 182, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 371 - District with a permanent character—Water allotment

Each acre of land included in the Permanent Irrigation District shall have a water allotment determined by the Secretary of Agriculture according to the information and recommendations provided by the Agricultural Experimental Station. Said water allotment shall be informed to the Authority and the landholders, however, the Secretary of Agriculture may change it according to needs of the land, but it shall not exceed four (4) acre-feet of water per acre per annum. Provided water is available, and if it is not harmful to the land in the judgment of the Authority, for which it shall follow the guidelines established by the Secretary of Agriculture, at the request of a landholder, water may be sold to him over and above the set allotment at prices determined by the Authority. The amount of water delivered during any fiscal year, adding the allotment and that which is sold, may not exceed eight (8) acre-feet per acre per annum; Provided, however, That if at any time after the Irrigation District is established permanently, the water supply at the sources that feed the canal system is insufficient to furnish to each acre in said District the amount of water allotted thereto, then the water available shall be proportionately distributed among the lands of the District. Any deficit in the delivery of water due to an insufficient supply thereof, or to cleaning or repair activities in the dams or canals, or to any other reason, may be covered by the Authority over the eleven (11) months following the month in which such deficit occurs.
The [supply] of water to the tracts of land included in the Irrigation District is for the benefit of each of the tracts of land comprising the same, and of the Irrigation District in general. The Authority is hereby empowered to regulate such supply of water when, due to weather conditions, any or all of the tracts of land may not require the partial or full use of the water allotted to them.
History —June 10, 1953, No. 65, p. 182, § 11; June 18, 1958, No. 46, p. 71; June 14, 1961, No. 55, p. 97; May 1, 1980, No. 28, p. 81, § 2, eff. July 1, 1980.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 371a - Water-use control

The Authority is hereby empowered to establish the necessary controls with regard to the amount of water which should be supplied to the various lands, and it may request of the Department of Agriculture and the Agricultural Experiment Station of the University of Puerto Rico, and the latter shall be bound to furnish to it, technical assistance and information as to the norms that should be followed for the proper utilization of the water supplied to the land of the Valley.
History —June 10, 1953, No. 65, p. 182, § 11A, added June 18, 1958, No. 46, p. 71.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 372 - Water concessions assigned

The Authority shall, with regard to every water right or concession appertaining to any tract of land which has been heretofore or may hereafter be assigned or conveyed to the Commonwealth of Puerto Rico, determine its exact equivalence in value, stated in acre-feet, per annum, reasonably distributed throughout the year; Provided, however, That in no case shall the equivalence fixed for any water right or concession of this kind be greater than the quantity of water granted and profitably used by virtue of the aforesaid water right or concession as the same was originally granted, or may be construed, or is legally limited.
The Authority shall then determine the basis for the computation of the credits to be allowed to the account of each water right or concession that has been assigned, appertaining to land included in the Irrigation District, against the taxes levied on such land, complying in every sense with the clauses of the contract, if any, for the assignment of said water right or concession, and giving due consideration, when determining the basis for the said computation, to the conditions of the contract of assignment, and to the extent to which the said water right or concession has been actually assigned. The Authority shall compile a report of its conclusions with regard to the aforesaid basis for the computation of the credits on taxes, setting forth in each case the percentage of said credit in proportion to the tax, which, were it not for such credit, would correspond to the lands to which the said water rights or concessions belong. Should there be any objection on the part of any aggrieved owner, the latter may, within the term of sixty (60) days after service on him of notice of the decision of the Authority, appeal to the Court of First Instance of Puerto Rico. The latter’s decision may be appealed from to the Supreme Court by any of the parties.
History —June 10, 1953, No. 65, p. 182, § 12.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 373 - Sale of water to lands included in trial-basis district

During such period of time as the Irrigation District on a trial basis is in operation, the Authority may supply water to any tract which has been included in the Irrigation District on such a basis, and in the quantity available, subject to the limits established in § 371 of this title, charging therefor as provided in § 374a of this title; Provided, however, That the lands with water concessions assigned shall not be subject to this charge but shall be entitled to receive, free of such cost, the water corresponding to them, in accordance with the valuation made of their respective concessions, through their original intakes or through intakes of the Irrigation System.
History —June 10, 1953, No. 65, p. 182, § 13; June 18, 1958, No. 46, p. 71; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 374 - Sale of water by contract prior to formation of district with a permanent character

The Authority is hereby authorized to enter into contracts with any proprietor or lessee for the sale of available water from the Irrigation System, at any time prior to the date when the Irrigation District with a permanent character begins to operate; however, such contracts shall expire on the date on which the Irrigation District with a permanent character begins to operate.
History —June 10, 1953, No. 65, p. 182, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 374a - Water-for-sale rate determination

The rate to be charged per acre-foot of water for sale for the irrigation of any tract of land until such time as the irrigation tax hereinafter provided shall have been levied, shall be two ($2) dollars per acre-foot for the first twelve (12) months during which the said tract is offered or receives water from the Irrigation System, and for the subsequent period the rate may be higher but shall never exceed six ($6) dollars per acre-foot. The amount of this latter rate shall be determined by the Authority so that the total rates charged will be sufficient to meet the annual expenses of operation and maintenance of the Irrigation System, taking into account the annual receipts from the sale of water plus the other receipts from the operation of said System.
Notwithstanding the preceding provision, during the period following the first twelve (12) months in which water is offered or received from the Irrigation System by any tract of land which requires that the landholder elevates the water by means of pumping as provided in § 368a of this title, the rate to be charged per acre-foot of water for sale for irrigation shall be three ($3.00) dollars per acre-foot, after having taken into consideration the cost of the pumping which gravitates on the landholder who cultivates said lands.
History —June 10, 1953, No. 65, p. 182, added as § 14A on June 18, 1958, No. 46, p. 71; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 375 - Irrigation tax levied

A tax per acre on the basis which shall be fixed as provided in this subchapter shall be levied on all the lands comprising the permanent Irrigation District.
History —June 10, 1953, No. 65, p. 182, § 15; June 18, 1958, No. 46, p. 71.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 376a - Agricultural development incentive

The Government of the Commonwealth established as an agricultural incentive the practice of not recovering from landholders the interest on capital investment nor the sum of one million five hundred thousand ($1,500,000) dollars appropriated by J.R. No. 8, approved May 6, 1957; nor the sum of six million four hundred thousand ($6,400,000) dollars appropriated by §§ 341—347 of this title. These funds shall be considered as a contribution of the Commonwealth toward the economic development of the Lajas Valley for the general benefit of the country. The Commonwealth shall assume responsibility for the total payment of the sum of the interest and of the capital invested.
History —June 10, 1953, No. 65, p. 182, added as § 16A on June 18, 1958, No. 46, p. 71; Dec. 6, 1966, No. 4, p. 17, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 377a - Grouping of farms or parcels for inclusion in district

For all legal purposes and particularly for the levying of taxes the object of this subchapter, there may be considered as grouped together in one tract for the purpose of including them in the Trial-Basis or Permanent District, different farms or parcels of land susceptible of irrigation by gravity or by means of the elevation of water through pumping, provided that:
(1) They belong to the same owner.
(2) They abut on each other, or are connected by a strip of land on which has been constituted an irrigation easement in perpetuity.
(3) One or more enjoy the facilities of the Irrigation System that enable all farms or parcels to receive irrigation water by gravity or through pumping; Provided, That as soon as said farms or parcels of land are included by the Authority in the Permanent District, there will be established a legal irrigation easement in perpetuity on the servient properties or parcels in favor of the dominant properties or parcels.
History —June 10, 1953, No. 65, p. 182, added as § 17A on June 14, 1961, No. 55, p. 97; May 25, 1964, No. 35, p. 93.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 378 - Sale of water after district with a permanent character is established

The Commonwealth of Puerto Rico having made feasible the irrigation project by contributing approximately forty-three percent (43%) of the cost of that part of the Southwestern Puerto Rico Project which comprises the combined process of collecting, impounding, and conducting the waters for hydroelectric production and their subsequent use for supplying water and irrigating the lands included in the Irrigation District, through the enactment of Act No. 2, approved May 31, 1950, the waters of the Southwestern Puerto Rico Project shall, after fulfilling their function of producing electricity in the Hydroelectric Plants of the Project, be devoted to benefiting the Irrigation District, at no cost whatsoever by reason of operation and maintenance expenses and of reserves for replacement of the works of the part of the combined development of the Project, all of which expenses shall be chargeable to the hydroelectric output of said Project. Notwithstanding any provision of this subchapter, the Authority is hereby empowered to sell, subject to the terms and conditions that it may establish, water from the Irrigation System for domestic, water supply, industrial, or other purposes.
The Authority is likewise empowered to establish regulations for the sale or lease, for irrigation purposes, of water from the Irrigation System which is in excess of the water required by law in the lands of the Irrigation District.
The proceeds from the sale of these waters shall be covered into the “Operation Fund—Lajas Valley Irrigation System”, and the amount thereof shall be used in the estimates to reduce the annual assessments.
History —June 10, 1953, No. 65, p. 182, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 379 - Seepage waters

As soon as the Irrigation System is established and in operation, any seepage waters in or from the beds of brooks within the Irrigation District, may be leased or sold by the Authority, or may be diverted by means of canals or by pumping, or otherwise, to be used in any canal of the Irrigation System, or to be leased for irrigation or other purposes. The sale of these seepage waters shall be made under terms and conditions established by the Authority. The proceeds from the sale of these waters shall be covered into the “Operation Fund—Lajas Valley Irrigation System”, and the amount thereof shall be used in the estimates to reduce the annual assessments.
History —June 10, 1953, No. 65, p. 182, § 19.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 380 - Tract subdivision

In case any tract of land included in the Irrigation District is subdivided, each segregated tract shall be liable for such irrigation assessments, if any, as may be owing by the main tract, as well as for the proportionate share of such irrigation assessments as may subsequently be levied thereupon, by reason of its net area included, each segregated tract to be considered as a separate tract. In case of the segregation of any tract of land entitled to credits for water rights, or in any case in which by any title, manner or form the original area of said tract is affected, such credits shall be applied to the various parcels into which the tract of land has been subdivided, in proportion to the included area of each segregation or subdivision, without taking into consideration the original area entitled to the concession rights. The Authority shall make the corresponding allotment of water and credits in the case of segregations.
Every owner of a tract included in the Irrigation District shall, before segregating or subdividing same, notify his intention to the Authority so that the latter may advise him about the best use of the allotted water corresponding to each subparcel, as well as about the manner in which they would be taxed under this subchapter and on the cost of the works to be carried out, if any, for the delivery and distribution of the waters.
If by reason of the subdivision of a tract of land it should become necessary to incur additional expenses for the delivery and distribution of water to the various segregations or to the remainder of the tract of land, such expenses shall be defrayed by the respective owners affected.
History —June 10, 1953, No. 65, p. 182, § 20; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 381a - Provisions for operation expenses before establishment of permanent district

Before the District is established on a permanent basis, whenever the receipts deriving from the Irrigation System, including the proceeds from the sale of water, shall be insufficient to cover the operation expenses of the System, the Authority is hereby empowered to withhold them from the five percent (5%) of its gross revenues which it annually sets aside pursuant to § 212(b)(1) of this title, after setting aside the sums authorized to be withheld under various laws in the orders of effectiveness of said laws or as provided therein, such amount as may be necessary to meet such operation expenses.
History —June 10, 1953, No. 65, p. 182, added as § 21A on June 18, 1958, No. 46, p. 71.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 382 - Operation fund—Lajas Valley Irrigation System

The Secretary of the Treasury shall collect the irrigation tax levied as hereinbefore prescribed and shall enter the amount so collected into a special account to be known as “Operation Fund—Lajas Valley Irrigation System”.
All costs and expenses incurred by the Authority in carrying out the duties imposed upon it by this subchapter of administering the Lajas Valley Irrigation System, shall be paid by it directly. The Authority shall be reimbursed, from any available balance in the aforementioned fund, the amount of all such costs and expenses, including a reasonable share of the general and operating expenses of the Authority attributable to the Lajas Valley Irrigation System, as same may be determined in accordance with the basis established for the distribution of the operation expenses among the various systems administered by the Authority. Out of the moneys available in the “Operation Fund—Lajas Valley Irrigation System”, there shall be advanced to the Authority, from time to time, and at its request, enough sums to provide it with a fund which shall at all times be adequate for paying all costs and expenses promptly. The Authority shall have and administer said fund such as it does with its own funds, but shall use it solely for paying the said costs and expenses.
History —June 10, 1953, No. 65, p. 182, § 22; June 18, 1958, No. 46, p. 71; Dec. 6, 1966, No. 4, p. 17, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 383 - Regulations

The Authority is hereby empowered to promulgate the necessary regulations for implementing the administration of this subchapter.
History —June 10, 1953, No. 65, p. 182, § 23.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 384 - Title to the works and properties of the irrigation system

The works comprising the Irrigation System itself of the Lajas Valley Project, as well as any other property acquired through grant, purchase, or otherwise, and used solely for purposes of regulating, conducting and distributing of the waters for irrigation and drainage of the lands comprising the Irrigation District, shall be in the possession of and shall be used and administered by the Authority, without limitation whatsoever, for the said purposes and for the purposes provided in this subchapter, the Commonwealth of Puerto Rico retaining the lawful or usufruct right of ownership over them.
History —June 10, 1953, No. 65, p. 182, § 24; June 18, 1958, No. 46, p. 71; Dec. 6, 1966, No. 4, p. 17, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 385 - Accounting systems

The accounting to be kept by the Authority for the recording and control of all receipts and expenditures of construction and operation of the Irrigation System shall be established by the Secretary of the Treasury in consultation with the Authority.
History —June 10, 1953, No. 65, p. 182, § 25.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 386 - Right to enter properties

For the effectuation of the purposes of this subchapter and the performance of the duties and functions imposed by it upon the Authority, the latter is hereby empowered, upon notice to the owner or holder or his representative, to enter any tract of land or property that the Authority may deem it necessary or convenient to enter, in order to make surveys, measurements, appraisals, and investigations of any kind or nature.
History —June 10, 1953, No. 65, p. 182, § 26.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 387 - Acquisition of properties

The Governor of Puerto Rico or the Secretary of Transportation and Public Works is hereby empowered to acquire, at the request of the Authority, on behalf and in representation of the Commonwealth of Puerto Rico, either by purchase, agreement, or the exercise of the power of eminent domain, or by any other lawful means, any title to property or interest therein which the Authority may deem necessary or convenient for carrying out the purposes of this subchapter. The said properties, or any interest therein, are hereby declared of public utility, and once acquired shall be placed in the possession of the Authority for the said purposes. In case the Commonwealth of Puerto Rico, or any of its agencies, instrumentalities, or municipalities, needs to acquire by purchase or condemnation, for purposes of public utility or social benefit, lands included in the Southwestern Puerto Rico Irrigation District, the court of justice shall, when determining the fair compensation corresponding to the owners of such lands for the purchase or condemnation thereof, take as a basis the market value of such lands prior to the approval of the legislation authorizing the establishment of the irrigation system in said district, plus any improvements, investments, and irrigation costs made or incurred, but no compensation whatsoever shall be awarded for any raise in the price of market value of such lands by reason of the irrigation works or any other public improvement or agricultural development project under way or to be undertaken by the Commonwealth of Puerto Rico or its agencies or instrumentalities. Any property or interest therein belonging to the Commonwealth of Puerto Rico or to any political subdivision, or public agency or instrumentality, acquired before or after the approval of this subchapter and deemed by the Authority to be requisite or convenient for the carrying out of the purposes thereof, shall, in the case of properties belonging to the Commonwealth of Puerto Rico, be placed, with the previous approval of the Governor, at the disposal and in the hands of the Authority by the official in whose charge it may be, and, in the case of properties or any interest therein belonging to political subdivisions or public agencies or instrumentalities of the Commonwealth of Puerto Rico, shall be conveyed to the latter for use by the Authority in the carrying out of the said purposes, under such terms and conditions as the Governor may approve.
History —June 10, 1953, No. 65, p. 182, § 27.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 388 - Irrigation system defined

Whenever used in this subchapter, the phrase “Irrigation System” shall be understood to mean and refer to the works used for conveying water from the dams where it is impounded, the canals, ditches, pumps, reservoirs, and other facilities thenceforth used directly for supplying water to and drainage of the lands which form the Irrigation District.
History —June 10, 1953, No. 65, p. 182, § 28; June 18, 1958, No. 46, p. 71.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 389 - Short title

This subchapter shall be known and may be cited as the “Lajas Valley Public Irrigation Law”.
History —June 10, 1953, No. 65, p. 182, § 29.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 18 - Inspection and Regulation of Dams and Reservoirs (§§ 401 — 408) › § 401 - Definitions

For the purposes of this chapter, the terms expressed hereinbelow shall have the following meaning:
(a) Program. — Means the Commonwealth’s Program of Inspection and Regulation of Dams and Reservoirs.
(b) Unit. — Means the Unit of Inspection and Regulation of Dam and Reservoir Safety of the Electric Power Authority.
(c) Dam. — Means an artificial barrier which, together with its appurtenant works, is constructed for the purpose of retaining, storing or diverting water or any other liquid or semiliquid, and whose elevation exceeds twenty-five (25) feet from the natural ceiling of the body of water or the ground’s natural level.
(d) Reservoir. — Means an artificial pond where the waters of a river or a stream, or rainfall are stored and which exceeds a volume of fifty (50) acre-feet.
History —July 15, 1986, No. 133, p. 419, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 18 - Inspection and Regulation of Dams and Reservoirs (§§ 401 — 408) › § 402 - Commonwealth Program—Creation; unit

The Commonwealth’s Program of Inspection and Regulation of Dams and Reservoirs is hereby created for the purpose of maintaining, conserving, inspection and watching over the safety of the dams and reservoirs which are found or are constructed in Puerto Rico, for the protection of the life and property of the citizens and especially those residing in the area where the structure is located and of the communities adjoining the area.
This Program shall be administered by the Electric Power Authority through its Dams and Hydrology Section, designated hereinafter as the “Dam and Reservoir Safety Inspection and Regulation Unit”.
History —July 15, 1986, No. 133, p. 419, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 18 - Inspection and Regulation of Dams and Reservoirs (§§ 401 — 408) › § 403 - Commonwealth Program—Duties and powers of unit

The following are among the duties and powers of the unit, without it constituting a limitation:
(a) To adopt the Program’s plan for the operation, conservation, maintenance and inspection of all public and private dams and reservoirs in normal situations and whenever sudden or announced natural phenomena occur that may affect the structures and increase the risk of damage to life and property.
(b) To maintain an up-to-date inventory of dams and reservoirs in Puerto Rico.
(c) To carry out periodic, detailed and complete inspections, at least three (3) times a year, establishing priorities in order to determine the safe conditions of dams and reservoirs and evaluate the hydraulic and hydrologic capacity, structural stability, sufficiency of components and structures, to minimize the hazards to life and property and make recommendations to the owners of the dams and reservoirs on the measures to be taken to remedy any hazardous situation.
(d) To revise and approve the plans and specifications to construct, enlarge, modify or remove any dam or reservoir; Provided, That the plans and specifications must be accompanied by the studies, investigations, analysis and design data that will allow the unit to make a determination as to their safety.
(e) To carry out periodic inspections during the construction, extension, abandonment or removal of a dam in order to ensure compliance with the plans and specifications it approved.
(f) To issue notifications, whenever necessary, requiring the owner or person in charge of the dam or reservoir to correct defects or hazardous conditions, to carry out the necessary conservation work, revise operational procedures or take any other necessary action.
(g) To approve and issue the corresponding certificate of approval and permit, after the construction, extension or modification of a dam or reservoir has been completed, if the plans and safety specifications have been complied with.
History —July 15, 1986, No. 133, p. 419, § 3.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 18 - Inspection and Regulation of Dams and Reservoirs (§§ 401 — 408) › § 404 - Program supervisory and evaluating committee—Creation and integration

A committee to supervise and evaluate the Program is hereby constituted by the Chairperson of the Planning Board, the Executive Director of the Electric Power Authority, Director of Operations of the Aqueduct and Sewer Authority, the Secretary of the Department of Natural and Environmental Resources, or their representatives in whom they have delegated the power to act on their behalf, and three (3) citizens representing the public interest, appointed by the Governor of the Commonwealth of Puerto Rico. The Executive Director of the Electric Power Authority or his/her representative authorized to act on his/her behalf shall be the Chairperson of the Committee. The first three (3) members representing the public interest shall be appointed, one (1) every three (3) years and two (2) for four (4) years. When each one’s term expires, subsequent appointments shall be made for four-year terms until their successors are appointed and take office. In the event of a vacancy among the members of the Committee members who represent the public interest, the Governor of the Commonwealth of Puerto Rico shall issue a new appointment for the remainder of the term of the member who caused the vacancy.
Five (5) members of the Committee shall constitute quorum.
History —July 15, 1986, No. 133, p. 419, § 4; Aug. 28, 2002, No. 207, § 1.
2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 18 - Inspection and Regulation of Dams and Reservoirs (§§ 401 — 408) › § 405 - Program supervisory and evaluating committee—Duties and powers

The Committee shall have the following duties and powers:
(a) To supervise the Program and activities carried out by the unit, including its working plans.
(b) To request any report from the unit it deems necessary to evaluate the conditions and situation of the country’s dams and reservoirs.
(c) To evaluate periodically the condition and state of the dams and reservoirs in order to determine their safety.
(d) To initiate, on its own, any inspection of a dam or reservoir when the circumstances justify it and order the measures that are necessary.
(e) To render an annual report to the Governor and to the Legislature on the state of the dams and reservoirs, the result of the inspections and the works that are being carried out to maintain and conserve the dams and reservoirs in a safe condition.
(f) To make use of the resources available at the agencies and public corporations that comprise it, such as the use of offices, personnel, equipment, materials and other facilities. Said agencies and public corporations are hereby authorized to offer them.
(g) To request and use the consulting and advisory services of the United States Corps of Engineers or of any other federal agency.
(h) To adopt the necessary regulations to carry out its functions, and to comply with the objectives and purposes of this chapter which shall take effect as soon as they are approved by the Commmittee.
History —July 15, 1986, No. 133, p. 419, § 5.