Special regulations for the determination of fees for the use and development of water resources

On December 28, 2022, the Special Regulation for the Determination of Fees for the Use and Exploitation of Water Resources entered into force.

The Regulation establishes the necessary procedures to apply the water use fee recognized in the General Water Resources Law (the "Law")

The Regulation establishes that all public or private persons who use water for purposes other than domestic use, whether or not they have authorization from the Salvadoran Water Authority ("ASA"), are subject to the collection of the corresponding fee. This fee will be established based on the volume of water used, and the formula established in the Law, for its part, the applicant must inform the flow and average period of time in which he intends to use the water.

The ASA will determine the fee, according to the use given to the water resource, taking into consideration the priority uses established by the Law in its article 63, which mentions that water for human consumption and domestic use is in the first order of priority within the list of seven uses, the fifth being industrial and commercial use.

According to the Regulation, the use of rainwater will not be subject to charge a fee as long as such water is not commercialized, does not cause damage to third parties, or significantly affect other sources of water.

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