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) › § 1115h - Permits and franchises

(a) The Secretary shall establish a system of permits for drilling wells and another system of franchises for the utilization of superficial waters or “surfaced” waters. The permits shall fix the specifications of the works and installations they authorize and the franchises shall establish, among other conditions, those relating to the quantity, the rhythm of extraction, the use and the fees to be paid for the volume of water whose utilization or “surfacing” they permit. The Secretary shall establish the standards he may deem useful and necessary for using artificial means to promote rainfall and for utilizing the atmospheric waters in any other form.
(b) The permits and franchises shall be granted on petition of the interested party. The Secretary shall ask the petitioner for such information and surveys as he may deem necessary for the permit and franchise system to operate in keeping with the purposes of this chapter.
(c) In the cases of petitions involving a volume of water in excess of a limit previously fixed by the Secretary, or which refer to certain specific bodies of water or to certain specific locations, areas, districts or regions, the Secretary shall not issue any permit without having first determined the impact that the proposed utilization might have on those existing. On the other hand, when the case deals with utilizations to satisfy the needs of domestic or agricultural consumption not involving a considerable or substantial volume of water, the Secretary may relieve the interested party from the administrative process required for the issuance of the permit or license, as well as from the corresponding payment. The Secretary shall prepare model plans of minor works for the collection of rainwater which may fall within the limits of a property, such as ponds, reservoirs and tanks, which would be devoted to domestic or agricultural use. The model plans shall be distributed, free of charge, to interested persons requesting them.
(d) The permits and franchises shall have the duration that the Secretary may establish by regulation, but they shall never be issued for periods over two (2) and ten (10) years, respectively. This limitation shall not be applicable to permits and franchises of government instrumentalities. Renewal thereof shall follow the procedure corresponding to their original issuance, except that when the renewal plus previous permits granted hereunder do not exceed the (10) years in all, the Secretary shall not be bound to follow said procedure.
(e) The Secretary may issue the permits and franchises prescribed herein, provided they are of public interest, the petitioners or applicants comply with the prevailing legal and regulatory requirements, the use for which the waters are requested be optimum, beneficial and reasonable, the resource be not wasted, its utilization be in conformance with the priorities established herein and do not impair vested rights under previous legislation.
(f) In the evaluation of the public interest attached to a use or utilization, the Secretary shall bear in mind, among others, the following factors:
(1) Its compatibility with the plan of use, conservation and development of the waters of Puerto Rico.
(2) Its impact on the economy of the Island.
(3) The use to which the water would be devoted.
(4) The volume of water that would be used.
(5) Its effect on potential uses or utilizations which could become effective within a reasonable limit of time if the waters were not committed under the permit or franchise sought.
(6) Its impact on other resources.
(7) Potential damages to persons and to the community.
(8) Its effect on the public health and safety.
(9) Possible impairment of existing rights, including the right of ownership over the tract where the waters are.
(10) Its impact on the integrity of the natural systems and, in general, on the ecosystem.
(g) Permits and franchises may be transferred by their holders only when the public interest warrants the transfer and the Secretary approves it. Every permit or license shall establish the conditions for its transfer. Transfers shall not entail any payment for the value represented by the permits or franchises, but only such payment as corresponds to the assessment of the structures and equipment used in the utilization or the “surfacing”. For the purposes of authorizing the transfer of a permit or franchise, the Secretary shall hold public hearings if he thinks there is controversy.
History —June 3, 1976, No. 136, p. 390, § 9.