Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 1 ____________________________________________________________________ DECREE No. 153 THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF EL SALVADOR, CONSIDERING I.- That the considerable increase in the national population, in contrast to a limited endowment of soil and water resources, imposes on the Government of the Republic, based on the provisions of articles 2, 135, 136, 137, 138, 147 and 220 of the Political Constitution, the urgent measure of increasing agricultural production through the use of such resources for economic and social development; II.- That there is an evident lack of appropriate legislation on Irrigation and Oatmeal, for the orderly, rational and optimal use of water and the progressive development of domestic agriculture and livestock; III.- That the State must carry out the works and works that, due to their magnitude, cannot be carried out by private initiative and that allow the development of irrigation, drainage, the ordering of hydrographic basins, the control of floods, all for the benefit of the most broad sectors of the national economy. SO, in use of its constitutional powers and at the initiative of the President of the Republic, through of the Ministry of Agriculture and Livestock, and having heard the opinion of the Supreme Court of Justice, DECREE the following: IRRIGATION AND DRAINAGE LAW CHAPTER I FUNDAMENTAL PROVISIONS Art. 1.- The purpose of this Law is to increase agricultural production and productivity through the rational use of soil and water resources, as well as the extension of the benefits derived from said increase, to the largest possible number of inhabitants of the country. For the achievement of such object, this Law regulates the conservation, use and distribution of the hydraulic resources of the national territory, for irrigation and drainage purposes, and the construction, conservation and administration of the pertinent works and works. Therefore, the execution of works and works for flood control, drainage, irrigation, drying of swamps and flooded lands are subject to its provisions. It also regulates the construction, conservation, and administration of the works and works necessary to ensure the stability of the basins and hydrographic basins and their springs, as well as the proper management of soils and their conservation in the Irrigation and Drainage Districts. , and the provision of technical services that the execution of said works and works require. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 2 ____________________________________________________________________ Art. 2.- For the purposes of this Law, the works and works that are carried out by the State, destined to irrigation, drainage, ordering of basins and hydrographic basins, flood control, drainage of swamps and wetlands; the same as the works and works for rehabilitation, conservation or defense of the soils in the Irrigation and Drainage Districts, and the maintenance of the aforementioned works. Art. 3.- Hydraulic resources are national assets. For the purposes of this Law, hydraulic resources shall be understood as surface waters and underground, whether current or stopped, including the corresponding alveos or channels. Rainwater captured in artificial reservoirs built by individuals is excepted. Art. 4.- The Executive Power in the Branches of Agriculture and Livestock, Economy, Public Works, and Public Health and Social Assistance, will assign priorities in the use of hydraulic resources. The conflicts that arise due to such priorities or uses will be resolved in the Council of Ministers. THE USE OF WATER FOR HUMAN CONSUMPTION WILL PREVAIL OVER ANY OTHERS. IF FOR ITS USE IT IS NECESSARY TO ESTABLISH EASEMENTS OF ANY NATURE, THESE BEING ESTABLISHED BY MINISTRY OF LAW, WITHOUT PREJUDICE TO THE INDEMNIFICATION THAT THE OWNERS OR POSSESSORS OF THE SERVING PROPERTIES, APPLY TO THEM BY LAW. THE INDEMNITY MAY NOT BE PRIOR AND WILL BE PAID BY THE INTERESTED PARTIES OR THE AQUEDUCT AND SEWAGE ADMINISTRATION, IF IT WERE ONE OF THE PROJECTS OF THIS. THE GENERAL REGULATION OF THE IRRIGATION AND DRAINAGE LAW WILL DETERMINE THE OTHER NORMS THAT WILL REGULATE THESE EASEMENTS. (two) Art. 5.- The same authorities indicated in the previous article, may declare exhausted the use of the hydraulic resources of a basin or hydrographic hole, or part of it, when any of the Ministers mentioned in said provision considers that they have reached used to its full capacity. Declared exhaustion, no more concessions or use permits will be granted for any reason. CHAPTER II OF THE COMPETENT AUTHORITY AND ITS ATTRIBUTIONS. Art. 6.- The Ministry of Agriculture and Livestock is the competent authority for the purposes of this Law, and will have the following powers: a) Prepare and carry out, in accordance with the National Planning and Coordination Council Economic, studies, investigations, projects, plans and programs for the use of hydraulic resources for agricultural purposes; b) Manage the assistance and technical cooperation necessary for the execution of the works and works referred to in the following article, as well as the financing that it deems convenient for the works that are of a public nature; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 3 ____________________________________________________________________ c) Celebrate the contracts for services, works and works that it deems necessary to carry out the studies, investigations, projects, plans and programs destined to the use of hydraulic resources for agricultural purposes; d) Maintain and operate the hydrometric service of national waters for the study, investigation and use of the same; and) Monitor and prevent works from being built and work carried out in the natural riverbeds or alveos of rivers without the respective authorization, as well as ordering their destruction when the works are carried out without authorization or in a manner other than that authorized, and which are derived or extract water in violation of this Law and its Regulations; f) Dictate the resolutions, orders, recommendations and any other measure that it deems convenient for the fulfillment of this Law and its Regulations; g) Punish offenders of this Law and its Regulations, following the pertinent procedures; h) The other functions and powers established by this law and its Regulations. Art. 7.- The works and works that this Law deals with that are projected and executed by the Ministry of Agriculture and Livestock for the benefit of individuals, must be done with self-financing criteria. Other public institutions or private persons, natural or legal, may carry out irrigation and drainage works and works, subject to this Law and its Regulations, and with the authorization and control of the Ministry of Agriculture and Livestock. Extensions, improvements or modifications of such works and works will be subject to the same requirements. Art. 8.- The structures that regulate and measure the flow of water may not be modified, replaced, or transferred without prior authorization from the competent authority. Art. 9.- For the fulfillment of this Law and its Regulations, officials and employees of the Ministry of Agriculture and Livestock, may visit and inspect any property, prior notice to the owner, possessor, holder or person in charge of the same, presenting the respective credential of charge, and proceed to examinations, investigations and measurements in said buildings. In such cases, officials and employees will act with the utmost diligence and care, will avoid causing inconvenience and damage to people and crops that are in the properties in question and will be liable for the damage caused by their fault. The State will indemnify the damages that are necessarily caused to individuals in their properties, due to the nature and circumstances of the works and works referred to in this Law and its Regulations, or that inevitably result from the technical activities carried out by said officials. and employees in the performance of their duties. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 4 ____________________________________________________________________ Threat III REGIME OF PERMITS AND CONCESSIONS Art. 10.- National waters may only be used for irrigation purposes, by means of a permit or concession granted by the Ministry of Agriculture and Livestock in accordance with this Law and its Regulations. Permission shall be understood as the authorization conferred by Resolution of said Ministry to use, temporarily, national waters for irrigation purposes, and by concession, the authorization conferred to use, permanently, said waters for the same purposes. The use of currents or deposits of bordering waters of an international nature, will be subject to the provisions of the respective international agreements. Art. 11.- Concessions will be granted by Agreement of the Executive Branch in the Agriculture and Livestock Branch, for a term not exceeding fifty years. The State will be responsible for the damages that occur to the concessionaire due to the lack or reduction of the flow expressed in the concession, except when said lack or reduction is due to natural causes or the action of third parties. Concessions may be renewed for successive equal periods. Art. 12.- The right to use water conferred by permit or concession is for the exclusive benefit of the property or properties to which the permit or concession refers. The distribution of water will be made in accordance with its availability, the petitioner's need for it and any other element or technical factor that needs to be considered. Art. 13.- For the granting of the permit or concession, the following will have preference: a) The buildings where the water is born; b) Riverside real estate; c) The others, following the order of proximity to the source or water course in question. When a permit or concession is requested, the Ministry of Agriculture and Livestock will hear within thirty days the owners, holders or holders of the real estate that may have preference in accordance with this provision and the National Administration of Aqueducts and Sewers (ANDA). If they express their intention to make use of their right, the Ministry may grant a period for this purpose, which may not be more than three years nor less than one, in its prudential opinion. The permits and concessions must be registered in the Water Registry that the Ministry of Agriculture and Livestock will keep for this purpose. The concessions, in addition, will be recorded in the Registry of Real Estate and Mortgages, apart from the corresponding registration of the property or properties to whom it benefits. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 5 ____________________________________________________________________ Art. 14.- The use of national waters for permit holders or concessionaires consists in the use of the same in the proportions or endowments, terms, modes and forms, terms and conditions established by this Law and its Regulations. The units of measure that will be used for the purposes of this Law, will be the hectare in relation to the surface, and the liters per second, in relation to the volumes. When excess irrigation can cause damage to the soil, the use of water can be limited. The permit or concession must express in its clauses, the construction regulations, exploitation and sanitary and soil protection. Art. 15.- All derivation or extraction of water must be carried out by means of devices or structures that allow its regulation and gauging, such as gates, spillways, frames, gauges or others. Once the water is made available to the users, the losses will be borne by them. Art. 16.- The use of permitted or granted water may only be suspended in the following cases: a) In the period set to carry out cleaning or repair work on the works and installations and their accessories; b) In those of force majeure or fortuitous event; c) When imposed by the competent authority as a sanction, in accordance with this Law and its Regulations. Art. 17.- The following are grounds for revocation of the concession: a) When it is necessary to use the waters for the supply of populations; Y b) When, in order to carry out a public project for the use of water, it is necessary to use, improve or eliminate a privately owned hydraulic work or system. The revocation will give rise to the corresponding compensation. Art. 18.- The following are grounds for expiration of the concession: a) The resignation of the interested party; b) When the granted waters are not taken advantage of within the term established in the concession; c) When the concession has been granted in violation of the provisions of this Law and its Regulations; d) If after exercising the right to use the waters, at any time, irrigation was suspended for three consecutive years; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 6 ____________________________________________________________________ and) Due to serious breach or violation of the obligations established by the concession, and by this Law and its Regulations. The right of use, in the cases in which the concession that grants it is declared expired, will revert to the State and the waters in question will remain available for other concessions. Art. 19.- The General Regulations of this Law will determine the form and procedures that will be followed to declare the suspension, revocation and expiration; It will also establish the other modalities and conditions to which the permits, concessions and their renewal will be subject. CHAPTER IV OF GROUNDWATER Art. 20.- The investigation, extraction, protection and use of groundwater for irrigation purposes, are subject to the provisions of this Law and its Regulations, without prejudice to the provisions of Art. 3, literal m), of the Law of the National Administration of Aqueducts and Sewers (ANDA). Art. 21.- For the delivery and use of groundwater, the following should preferably be taken into account: a) That they are not detrimental to other existing uses; b) That the aquifers are not put in danger of depletion; c) That the waters are suitable for the purposes set forth in this Law. Art. 22.- Any natural or legal person, to explore groundwater for agricultural purposes, must obtain permission from the Ministry of Agriculture and Livestock, and to dispose of and use them, the corresponding permit or concession. Art. 23.- The Executive Power in the Branches of Agriculture and Livestock, Economy, Public Works and Public Health and Social Assistance, will be the competent authority to decree closed areas, reserves and protection of groundwater. In case of conflict, it will be resolved as prescribed in article 4 of this Law. Art. 24.- Persons who carry out groundwater exploration work must inform the Ministry of Agriculture and Livestock about their development and results. Art. 25.- The Ministry of Agriculture and Livestock may prevent birthing works from being carried out or suspend those already started, ordering their destruction, when such works are carried out without authorization or in a manner other than that authorized. The resolution pronounced by said Ministry to that effect shall be dictated following the procedure established in article 97 of this Law. Art. 26.- If the affected party does not proceed to destroy the works, the aforementioned Ministry will do so at his expense, and the certification of the costs of such destruction issued by him will have executive force. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 7 ____________________________________________________________________ Before issuing the certification referred to in the preceding paragraph, the affected party must be heard within the third day, so that he can allege what he deems convenient. Art. 27.- Any person or company that is dedicated to the exploration of groundwater and the drilling of wells must register with the Ministry of Agriculture and Livestock, obtain an operating license from said Ministry, and will be responsible for infractions to this Law and its Regulations. Said persons or companies must provide the information required by the Ministry of Agriculture and Livestock. Art. 28.- The surging artesian wells must be equipped with mechanical devices or artifacts that allow their flow to be regulated and that prevent it during the time they are not operating. CHAPTER V OF THE IRRIGATION AND DRAINAGE DISTRICTS AND THE IRRIGATION ASSOCIATIONS First Section OF THE IRRIGATION AND DRAINAGE DISTRICTS Art. 29.- THE IRRIGATION AND DRAINAGE DISTRICTS AS TECHNICAL-ADMINISTRATIVE UNITS, DEPENDENT ON THE MINISTRY OF AGRICULTURE AND LIVESTOCK, WILL BE CREATED BY LEGISLATIVE DECREE IN THE AREAS OR REGIONS OF THE NATIONAL TERRITORY, WHERE THE EXECUTION, OPERATION AND MAINTENANCE OF WORKS AND WORKS INTENDED FOR THE USE OF HYDRAULIC RESOURCES FOR AGRICULTURAL PURPOSES, THE PUBLIC INVESTMENT FOR THE USE OF SUCH RESOURCES IS DEEMED INDISPENSABLE AND WILL BE REGULATED IN SIGNIFICANT AMOUNTS. AFTER THE TRANSFER OF THE ADMINISTRATION OF THE REFERRED DISTRICTS TO THE LEGALLY ESTABLISHED IRRIGATION ASSOCIATIONS AND THROUGH AN EXECUTIVE AGREEMENT IN THE AGRICULTURE AND LIVESTOCK BRANCH, THE TECHNICAL-ADMINISTRATIVE UNITS WILL STOP HAVING EFFECT IN TERMS OF THEIR DEPENDENCE ON THE MINISTRY OF AGRICULTURE AND LIVESTOCK . (1) Art. 30.- The lands in excess of the maximum area set for each district, as well as those that do not reach the minimum area set for it, may be expropriated by the State, and in such case the procedure established in Chapter VIII of this Law. The lands that do not reach the minimum area may only be expropriated if the State has the necessary lands to grant their owners or possessors, plots that have, at least, the minimum required by law, either through relocation or by the parcel integration procedure in the same District. Art. 31.- The Executive Power in the Branch of Agriculture and Livestock will be in charge of the execution of the respective technical studies and the planning of the Districts. Art. 32.- Once the studies and planning referred to in the previous article have been carried out, the Executive Power in the Agriculture and Livestock Branch will propose the corresponding Decree of Creation of each District, which essentially must determine: ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 8 ____________________________________________________________________ a) The territorial limits of the District; b) The hydraulic resources that correspond to it; c) The works and works that must be carried out in accordance with the respective project, preserve and manage; d) The areas of land to be expropriated, and that are necessary for the construction and conservation of works and works, in accordance with article 78 of this Law; and) The maximum and minimum adequate extensions of the estates of the District; f) Other aspects deemed necessary for the organization and operation from District. Art. 33.- The estates included within the District may not have larger extensions nor less than those set as maximum and minimum for each District, whatever the number and the title of their owners, possessors or holders without prejudice to the provisions of Art. 30, paragraph second of this Law. To determine the maximum area set for each District, it will be considered as a single estate, the lands that are within the territorial limits of the same and belong to or are owned by a single natural or legal person even if they do not form a single body. Art. 34.- Publication of the Decree for the Creation of the District in the Official Gazette, the Ministry of Agriculture and Livestock will disseminate it by the necessary means it deems appropriate and especially in one of the the newspapers with the largest circulation in the Republic. The owners, possessors or holders in any capacity, of the properties included within of the territorial limits of the District will certify their rights over such properties before the Ministry of Agriculture and Livestock, within ninety days following the publication of the respective Decree. Art. 35.- In each Irrigation and Drainage District there will be a Head thereof, appointed by the Ministry of Agriculture and Livestock. There will also be a Steering Committee, made up as follows: a) By the Head of the District, who will convene and preside over the sessions of the Committee; b) Two Representatives of the users of the District, elected by themselves in Assembly General; c) A representative of the Ministry of Agriculture and Livestock; Y d) A representative of the agricultural credit institutions in which it has participation the State, appointed by the Ministry of Agriculture and Livestock from the payroll proposed by these institutions. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 9 ____________________________________________________________________ Both the Head of the District and the Directive Committee of the same will participate in its operation and administration, in accordance with the provisions of the corresponding Legislative Decree for the Creation of the District in question, and its Internal Regulations. The Head of the District will have the casting vote in the event of a tie. Each of the aforementioned representatives will have an alternate. The Internal Regulations of each District will regulate what is related to the organization, operation of the Directive Committees and election of the User Representatives. The Directors of the District Committee will last three years in the exercise of their functions and must be replaced step by step. The alternates will be elected or appointed for the same period. The Head of the District must be Salvadoran by birth, of legal age, Agricultural Engineer the technician in hydraulics. Art. 36.- The powers of the Steering Committee of an Irrigation and Drainage District are the following: a) Collaborate with the Ministry of Agriculture and Livestock in the general development of the District; b) Approve or disapprove the Seasonal Irrigation Plan that is presented by the Head of the District; c) Ensure compliance with the duties and obligations of the users of the District, especially those related to the conservation of secondary irrigation and drainage systems; d) Propose to the Ministry of Agriculture and Livestock the measures and works that are deemed appropriate for the best use of water. and) Resolve problems and conflicts that arise between users or between them and the District Headquarters due to the application of this Law and its Regulations and the Internal Regulations of the District. In the latter case, the Head of the District will not have the right to vote and the representative of the Ministry of Agriculture and Livestock will preside and have the casting vote. f) Convene a General Assembly of Users to elect their Representatives before the Committee District Officer; g) Propose to the Ministry of Agriculture and Livestock, modifications or make the observations that it deems appropriate to the Internal Regulations of the District and other Ordinances on the distribution of irrigation waters and the operation and maintenance of the works; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 10 ____________________________________________________________________ h) Cooperate with the Head of the District in everything related to the best use of water and the development of agriculture within the District; i) Report to the Minister of Agriculture and Livestock the faults and abuses committed in the District, as well as to propose the change or dismissal of junior personnel for justified and duly verified; j) The others indicated in this Law and its Regulations. Art. 37.- Corresponds to the Irrigation and Drainage District Chiefs, the following functions: a) Chair the District Steering Committee and execute the resolutions approved by it; b) Responsible for the operation of hydraulic structures, canal systems and other irrigation and drainage works that the Districts have. c) Distribute irrigation water and deliver the corresponding volumes to users in accordance with the Seasonal Irrigation Plan that is executed in the District in question; d) Preserve and improve the set of works that make up the irrigation and drainage system and defense against floods in the respective District; and) Monitor and supervise compliance with this Law, its Regulations, the Internal Regulations of the District, and of the resolutions and measures dictated on distribution and use of the hydraulic resources of the respective District; f) Impose offenders of this Law, its Regulations and the Internal Regulations of the District, the sanctions established by them, following the pertinent procedures; g) Formulate and submit to the approval of the District Steering Committee, the Seasonal Plan of Irrigation; h) Keep and keep up to date the following records: 1.- General Registry of Users; 2.- Records of Irrigation Distribution Orders; i) The others indicated by this Law and its Regulations. Art. 38.- For the purposes of this Chapter, user shall be understood as any natural or legal person that under any title exploit land within the area of an Irrigation and Drainage District. Art. 39.- In the Irrigation and Drainage Districts, users will have the following rights: a) Receive at the mouth-intake of their plots, the water that corresponds to them in accordance with the Seasonal Irrigation Plan; ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 11 ____________________________________________________________________ b) Elect and be elected to represent users on the District Steering Committee; c) Complain before the Head of the District directly or through his Representatives in the District Steering Committee, for any act or measure that they consider prejudicial or drawback; d) Others indicated by this Law and its Regulations. Art. 40.- In the Irrigation and Drainage Districts, users will have the following obligations: a) Pay the contributions and fees established for the District in question; b) Make good use and application of the irrigation waters that are supplied to them, avoiding waste that causes damage to other users or to the structures and other works of the District; c) Maintain in a good state of conservation and cleanliness its channels, drains and other structures for the proper functioning of the irrigation and drainage systems; d) The others established by this Law and its Regulations. Art. 41.- Users are prohibited from: a) Use the waters supplied to your estate for purposes other than agricultural purposes, unless that they have express authorization to do so; b) Alter or modify existing works or build others that prevent the normal operation of the works of the District; Y, c) Prevent, obstruct or alter the course and distribution of water or affect the quality of themselves. Art. 42.- Notwithstanding the provisions of the second paragraph of Art. 30, whoever already owns or possession of one or more estates in a District, may not be subject to adjudication of land by of state entities in the same District or in a different one. Art. 43.- Any person who under any title grants or allows the use of their lands included in the territorial limits of an Irrigation and Drainage District, will be jointly and severally responsible for compliance with the obligations imposed on users by this Law and by Decree of District Creation. Art. 44.- No subdivision of land included in a District may be carried out, without the prior approval of the Ministry of Agriculture and Livestock. For the purposes of this article, It will be understood by subdivision the division of a property in order to sell it or lease it by lots. In cases of extrajudicial partition of real estate included in a District, the interested parties in carrying them out, they will attend to the technical recommendations made by the aforementioned Ministry. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 12 ____________________________________________________________________ In cases of judicial division, the party will previously consult the Ministry of Agriculture and Livestock with the same purpose expressed in the previous paragraph; and to approve it, the Judge must obtain the favorable opinion of the aforementioned Ministry, whom he will hear for a term of 15 days. In case of intestate or testamentary succession, the properties included in an Irrigation District will remain indivisible, until their partition or adjudication is carried out in accordance with this Law and its Regulations. The succession will be responsible for the payment of the quotas or rates and the fulfillment of the corresponding obligations in accordance with such provisions, and they may not be segregated or divided and distributed by partition, without prior authorization from the Ministry of Agriculture and Livestock, which it will not give it if it produces a parcel concentration that exceeds the maximum admissible area in the corresponding District or parcels inferior to the admissible minimum, penalty of nullity. Any heir may request that the property or properties referred to in this article be awarded preferentially, and in accordance with the above conditions, provided that they pay the others, or the succession, the equivalent in money of the respective rights, prior appraisal of they. Such adjudication will proceed if within the six months following the opening of the succession, the heirs do not agree to carry out a participation or adjudication in accordance with this Law and its Regulations. Art. 45.- The Registrars of Real Estate and Mortgages, in order to register the instruments evidencing a lien or alienation of real estate included in the Irrigation and Drainage Districts, will require that the certificates of solvency issued by the Ministry be attached to them. of Agriculture and Livestock that certify that the grantors do not owe any amount in concept of quotas and fees. Art. 46.- The Registrars of Real Estate and Mortgages, to register the instruments that contain purchase-sale contracts, donations, or judicial or extrajudicial partitions, of real estate included in a District, will require that the respective documentation fill out the requirements established in articles 44 and 45 of this Law. SECOND SECTION OF THE IRRIGATION ASSOCIATIONS Art. 47.- Users of national waters for agricultural purposes, which are not within the Irrigation and Drainage Districts, may establish Irrigation Associations, by means of a Public Deed, in order to better use and distribute water. . They will enjoy legal status, which will be recognized by agreement of the Executive Power in the Agriculture and Livestock Branch, within a period not exceeding sixty days from the date on which the application and the corresponding testimony have been submitted. In case of refusal, the reasons will be stated; which will admit the appeal for review before the Council of Ministers. MAY CONSTITUTE IRRIGATION ASSOCIATIONS: A) USERS OF NATIONAL WATERS FOR AGRICULTURAL PURPOSES OF THE SAME CURRENTS OR SOURCE OF SUPPLY; B) USERS OF NATIONAL WATERS FOR AGRICULTURAL PURPOSES WHO STILL WHEN THEY ARE NOT FROM THE SAME CURRENT OR SOURCE OF SUPPLY, THEIR PROPERTIES ARE ADJOINING, AND ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 13 ____________________________________________________________________ C) THE OWNERS, POSSESSORS OR HOLDERS TO ANY TITLE OF THE PROPERTIES INCLUDED WITHIN THE TERRITORIAL LIMITS OF THE IRRIGATION AND DRAINAGE DISTRICTS. IRRIGATION ASSOCIATIONS, LOCATED WITHIN THE REFERRED DISTRICTS OR OUTSIDE THEM, MAY ESTABLISH FEDERATIONS AND CONFEDERATIONS OF IRRIGATION ASSOCIATIONS THROUGH CONSTITUTIVE ACT. (1) Art. 48.- THE IRRIGATION ASSOCIATIONS ARE GOVERNED BY THE PROVISIONS OF THE PRESENT LAW AND ITS REGULATIONS, AS WELL AS BY THEIR OWN STATUTES, WHICH WILL PROVIDE FREELY ON THEIR CONSTITUTION, FORMS OF ORGANIZATION, FUNCTIONING, SERVICES, WORKS AND FACILITIES AND OTHERS ASPECTS THAT ARE OWN. (1) CHAPTER VI OF FEES, RATES AND FISCAL EXEMPTIONS First Section FEES AND RATES Art. 49.- THE AMORTIZATION FEES FOR THE COST OF THE WORKS AND WORKS EXECUTED BY THE STATE, WHETHER IN THE IRRIGATION AND DRAINAGE DISTRICTS OR IN ANY OTHER PROJECT OR IRRIGATION AREA, WILL BE FIXED BY A SPECIAL LAW PROPOSED BY THE ORGAN EXECUTIVE IN THE BRANCHES OF AGRICULTURE AND LIVESTOCK AND TREASURY. THE STATE WILL CONTRIBUTE AT LEAST 40% OF THE TOTAL COST OF THE WORKS AND WORKS OF EACH IRRIGATION AND DRAINAGE DISTRICT, THE REMAINING PERCENTAGE WILL BE CONTRIBUTED BY THE USERS OF SAID DISTRICT, WHETHER THEY ARE ORGANIZED OR NOT, IN IRRIGATION ASSOCIATIONS . THE SAME SHALL APPLY TO ANY OTHER IRRIGATION PROJECTS OR AREAS WHICH ARE NOT IRRIGATION AND DRAINAGE DISTRICTS AND WHICH ARE FUNDED TOTALLY OR IN PART BY THE STATE.(1) (2) To recover the rest of the investment including the value of the land used in said works and works, the Law will establish reasonable deadlines. The amount of the amortization installments will be determined, according to: a) The amount that results from apportioning the rest of the total investment of the works and works between beneficiary surface units, taking the hectare as the unit of surface; Y b) The conditions for obtaining the financing resources that are used in carrying out the corresponding works and works. THE EXECUTIVE BODY, IN THE BRANCHES MENTIONED ABOVE, MAY GRANT A PERIOD OF GRACE FOR UP TO FIVE YEARS, FOR THE PAYMENT OF AMORTIZATION INSTALLMENTS, BY OF THE USERS OF THE AGRICULTURAL IRRIGATION DURING WHICH YOU WILL ONLY PAY THE CORRESPONDING INTEREST. (two) ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 14 ____________________________________________________________________ Art. 50.- THE RATES FOR IRRIGATION WATER SERVICES, AS WELL AS DRAINAGE SERVICES IN THE DISTRICTS ADDRESSED BY THIS LAW, SHALL COVER THEIR OPERATION AND MAINTENANCE AND SHALL BE ESTABLISHED BY THE LEGISLATIVE ASSEMBLY AT THE PROPOSAL OF THE EXECUTIVE BODY IN THE BRANCHES OF AGRICULTURE AND LIVESTOCK AND ECONOMY; EVERY TIME THERE IS NO LEGAL TRANSFER OF THE DISTRICT ADMINISTRATION. FOR THE PROPOSAL OF THE RATES, THE EXECUTIVE BODY IN THE INDICATED BRANCHES, WILL ADOPT AS CRITERIA: THE VOLUME OF WATER DELIVERED, THE AREA IRRIGATED OR DRAINED, OR A COMBINATION OF THESE. CARRIED OUT THE TRANSFER OF THE ADMINISTRATION OF THE RESPECTIVE DISTRICT TO THE IRRIGATION ASSOCIATIONS, THE INCOME OF THE RATES REFERRED TO IN THIS ARTICLE, WILL ENTER AS A CONCEPT, TO THE FUNDS OF THE SAME ASSOCIATIONS, WHICH WILL BE CANCELED BY THE USERS OF IRRIGATION, WHETHER THEY BELONG OR NOT TO THE ASSOCIATIONS ALREADY MENTIONED. (1) Art. 51.- Concessionaires or holders of permits for the use of national waters for agricultural purposes that are not included in an Irrigation and Drainage District, will pay for the use of the waters the rights indicated by the rate determined by the Assembly. Legislative at the proposal of the Executive Power in the Branches of Agriculture and Livestock and Economy. Art. 52.- The certifications issued by the Ministry of Agriculture and Livestock for of amortization installments or fees that are owed will have executive force. Art. 53.- The Executive Power in the Branch of Agriculture and Livestock may set the provisional rates when so required by the immediate needs of irrigation or drainage, subject to subsequent approval by the Legislative Assembly. Art. 54.- For the purposes of the collection and the security of the perception of fees and rates, the corresponding owners or holders of the benefited lands will be obliged to notify the Ministry of Agriculture and Livestock of any division, sale, exchange and any another transferring legal act of ownership of the aforementioned land. In the event that the communication referred to in the preceding paragraph is not made, the collection may be made to the owner who appears in the respective Registries, having the latter the right to repeat against the true owner. SECOND SECTION TAX EXEMPTIONS Art. 55.- The fiscal exemptions that are specified in this chapter are aimed at promoting the channeling of resources for the construction of irrigation, drainage and flood control works, with the purpose of accelerating the development of the agricultural sector. Art. 56.- To achieve the proposed purpose, the following benefits are granted: a) Total exemption from customs duties and other related taxes, including consular fees, but not charges for specific services, for five years on ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 15 ____________________________________________________________________ the importation of machinery, equipment, tools, spare parts and accessories required for irrigation and drainage works on the farm, provided that adequate national or Central American substitutes are not available. b) Total exemption from customs duties and other related taxes, including consular fees, but not charges for specific services, for five years on the importation of construction materials exclusively for irrigation and drainage works, provided that national substitutes are not available or Central Americans; Y c) Exemption or reduction of fiscal and municipal taxes that fall on the capital invested in the irrigation and drainage system for ten years. Art. 57.- The Executive Branch, in the Branches of Agriculture and Livestock and the Treasury, shall have the legal power to grant the tax exemptions referred to in this Law, and they shall be conferred by means of an agreement. Persons interested in obtaining the exemptions granted by this Law must submit an application to the Ministry of Agriculture and Livestock and it shall contain at least the information detailed below: a) Name, address and nationality of the applicant and in the case of companies, name of the Legal Representative, type of company; b) Amount and composition of the capital, its origin, investment plans and projected production capacity; Y c) Location of the irrigation and drainage works and their description. The Ministry of Agriculture and Livestock will make an evaluation of the project that is the object of the request, and if, in its opinion, the request proceeds, it will hear the opinion of the Ministry of Finance on fiscal matters, which in turn will issue its opinion and, if favourable, it will dictate the respective agreement granting the benefits; Otherwise, the request will be denied. Said refusal shall admit an appeal for review before the President of the Republic. Art. 58.- In order for the exemptions referred to in subparagraphs a) and b) of article 56 to take effect, the authorization of the requests by the Ministries of Agriculture and Livestock and of the Treasury will be necessary. By means of such authorization, said Secretaries will control that the franchises do not harm the progressive integration or industrial complementation plans that regulate the production of those companies protected by Development Laws or the Central American Agreement on Fiscal Incentives for Industrial Development; that the products or merchandise that are intended to be imported are essential for the works referred to in this Law and that they are not produced in the country, or that they are produced in inadequate quantities or qualities; and that people comply with their obligations as beneficiaries, as well as with those originated by franchises. It corresponds to the interested party the proof of the circumstances contained in the previous paragraph. to lack of sufficient proof, in the opinion of the mentioned Secretaries, there will be no place for the license. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 16 ____________________________________________________________________ Art. 59.- The beneficiaries will be subject to the prohibition of selling the effects that they introduce with a franchise under this Law or of changing their destination, unless they do so with the formalities and requirements established by the legislation on franchises. customs CHAPTER VII OF EASEMENTS Art. 60.- FOR THE PERFORMANCE OF THE WORKS AND WORKS OF IRRIGATION, DRAINAGE, DRYING OF SWAMPS, FLOODY LANDS, ORGANIZATION OF BASINS AND FLOOD CONTROL, AND THE WORKS AND WORKS OF CONSERVATION OF SOILS NECESSARY FOR THE PROTECTION AND CONCERVATION OF THE PREVIOUS WORKS, THE FOLLOWING EASEMENTS MAY BE CONSTITUTED IN STATE ASSETS OR PRIVATE PROPERTY IN FAVOR OF THE BENEFITED PROPERTIES: (1) A) THOSE OF CHANNEL AND DITCH (1) B) THOSE OF DAM STIRRUP AND SPLITTER, (1) C) THOSE OF MOUTH-SWITCH, (1) D) THOSE OF SIFO AND BRIDGE-CHANNEL, (1) AND) THE PIPING FOR WATER DISCHARGE, (1) F) THOSE OF HYDROMETRICAL AND HYDROMETEOROLOGICAL STATIONS, (1) G) THOSE OF TRANSIT, WHENEVER THEY ARE NECESSARY FOR THE OBJECTIVES OF THIS LAW AND IN CASE OF THE STATE, FOR GENERAL WORKS PERFORMED BY THE MINISTRY OF AGRICULTURE AND LIVESTOCK, AND (1) H) THOSE OF THE ENERGY TRANSMISSION LINES OR DUCTS. (1) I) THOSE OF DIKES, BORDAS, WELLS AND NATURAL OR ARTIFICIAL DRAINAGE. (two) THE AFOREMENTIONED EASEMENTS GRANT THEIR OWNERS THE RIGHT TO LAY OUT, PLACE, INSTALL, BUILD AND EXECUTE THE WORKS AND WORKS AND AUXILIARY OR COMPLEMENTARY STRUCTURES IN THE SERVING PREMISES, TO USE THEM FOR THE SERVICE FOR WHICH THEY ARE INTENDED AND THE TO KEEP THEM. (1) WHEN IRRIGATION AND AVENAMITY WORKS ARE FULLY OR PARTIALLY FUNDED BY THE STATE, EASEMENTS ARE CONSTITUTED BY MINISTRY OF LAW. (1) (2) Art. 61.- FOR THE SOLE PURPOSE OF ESTABLISHING EASEMENT FOR IRRIGATION AND DRAINAGE PURPOSES WHEN THE INFRASTRUCTURE IS FINANCED WITH PUBLIC FUNDS OR WITH PUBLIC AND PRIVATE FUNDS, THE FOLLOWING IS PRESUMED BY LAW: ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 17 ____________________________________________________________________ A) WHAT IS SURFACE: IT IS THE SUPERIOR SPACE OF THE FLOOR, B) WHAT IS SOIL: IS THE SURFACE LAND OF 30 CMS., MAXIMUM THICKNESS, AT THE TIME WHEN THE INFRASTRUCTURE WORK IS BUILT OR INSTALLED. IF SAID THICKNESS CHANGE DUE TO ANY CIRCUMSTANCES THE OWNER(S) OF THE PROPERTY WHERE THE INFRASTRUCTURE WORKS ARE, SHALL ALWAYS BE OBLIGATED TO RESPECT THEM, C) WHAT IS THE SUBSOIL: THEY ARE THE LOWER LAYERS OF THE SOIL, D) WHAT IS A SERVING PROPERTY: IT IS THE PROPERTY OR PROPERTIES IN WHICH THEY HAVE BEEN BUILT OR THEY WILL BUILD THE NECESSARY INFRASTRUCTURE WORKS FOR IRRIGATION AGRICULTURAL OF THE ADJACENT PROPERTIES, AND AND) WHAT IS THE DOMINANT PROPERTY: IT IS THE PROPERTY OR PROPERTIES THAT BENEFIT FROM THE INFRASTRUCTURE FOR AGRICULTURAL IRRIGATION, BUILT OR TO BE BUILT ON THE SERVING PROPERTY(S). (1) Art. 62.- THE UNDERGROUND PIPING EASEMENTS FOR WATER INTAKE AND DISCHARGE, SHALL BE CONSIDERED TO BE BUILT BY THE MINISTRY OF LAW. THESE EASEMENTS WILL NOT BE INDEMNIFICABLE WHEN THE PIPE IS INSTALLED MORE THAN 30 CMS BELOW THE SURFACE, BECAUSE IT IS THE SUBSOIL OF THE STATE. FOR THE PERFORMANCE OF THE WORKS OF INFRASTRUCTURE WORKS, IT WILL BE ENOUGH THAT SUCH CIRCUMSTANCES BE NOTIFIED IN WRITING, BY ANY AUTHORITY TO THE OWNER(S), POSSESSORS, HOLDERS OR MANAGERS IN ANY TITLE OF THE SERVING PROPERTIES. IF WHEN LOOKING FOR ANY OF THE PERSONS MENTIONED IN THE PREVIOUS SUBSECTION, THEY ARE NOT FOUND AT THEIR HOME OR AT THE PLACE OF WORK, THEY WILL BE LEFT A NOTICE CONTAINING A BRIEF AND CLEAR EXTRACT OF THE ORDER OR RESOLUTION THAT MOTIVATES SUCH NOTIFICATION , WITH ANYONE IN YOUR HOME OR WORKPLACE. (1) Art. 63.- The works referred to in the previous Article will be carried out notwithstanding that the easement has not been registered in the competent Real Estate and Mortgage Registry. Art. 64.- THE REGISTRATION OF THE EASEMENT WILL BE DONE WITHOUT FURTHER PROCESSING, THAN THE PRESENTATION OF SAID REGISTRATION, OF A CERTIFICATE EXTENDED BY THE MINISTER OF AGRICULTURE AND LIVESTOCK, LETTING IT BE KNOWN THAT THE WORKS FOR AGRICULTURAL IRRIGATION OR DRAINAGE OR WITH LIVESTOCK WATERING PURPOSES, HAVE BEEN PARTIALLY OR TOTALLY FUNDED BY THE STATE, MAKING PARTICULAR MENTION OF THE DEPTH OF THE GROUND IN WHICH THE INFRASTRUCTURE IS LOCATED, SUCH REQUIREMENTS WILL SERVE IN THE CASE OF THE UNDERGROUND EASEMENT AND IN THE CASE OF THE SURFACE, A REQUEST SHALL BE SUBMITTED TO THE REGISTRAR OF REAL PROPERTY AND MORTGAGES FOR THE REGISTRATION OF THE EASEMENT IN THE MENTIONED REGISTRY, SIGNED BY THE OWNER(S), THE HEAD OF THE OFFICIAL INSTITUTION OWNER OR IN CHARGE OF THE EXECUTION OF THE PROJECT, PRESIDENTS OF THE ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 18 ____________________________________________________________________ IRRIGATION ASSOCIATIONS, AGRICULTURAL COOPERATIVE ASSOCIATIONS, ASSOCIATIONS PEASANT COMMUNITY AND MORE ORGANIZATIONS OF AGRICULTURAL ASSOCIATIONS, WITH LEGAL STATUS, AND THERE WILL BE A LIST OF THE DOMINANT PROPERTIES AND SERVANTS, THE DESCRIPTION OF THE STRIP OR SURFACE OF LAND OVER WHICH THE EASEMENT WILL BE EXERCISED, AS WELL AS THE NAME OR NAMES OF THE OWNERS OR POSSESSORS OF THE SERVING PROPERTY, CITATION OF THE ENTRY(S) IN THE REAL PROPERTY REGISTRY, IF ANY . (1) THE EASEMENTS REFERRED TO IN THIS LAW SHALL BE CONSTITUTED NOTWITHSTANDING THAT THE PROPERTIES OR SERVING PREMISES ARE IN SUCCESSION, ATTACHED, ENCUMBERED WITH THE LINK OF FAMILY PROPERTY, OR ANY OTHER ENCLOSURES. (two) Art. 65.- THE OWNER OR OWNER OF THE SERVANT PROPERTY WILL BE INDEMNIFIED BY THE OWNER OF THE DOMINANT PROPERTY PAYING THE PRICE OF THE AREA OCCUPIED BY THE EASEMENT. THE AMOUNT OF THE INDEMNITY SHALL BE THE AGREED ON BY THE OWNERS OF THE SERVANT PROPERTY AND OF THE DOMINANT PROPERTY; MOREOVER, IF THEY DO NOT REACH AN AGREEMENT, ANY OF THEM WILL APPEAR BEFORE THE JUDGE OF FIRST INSTANCE WHO HAS COMPETENCE IN CIVIL MATTERS WITHIN THE JURISDICTION WHERE THE PROPERTIES IN QUESTION ARE LOCATED, WHO WILL PROCEED IN A SUMMARY FORM, IN ORDER TO NAME EXPERTS THAT DECIDE THE PRICE OF THE AREA OCCUPIED BY THE EASEMENT. SAID REPORT WILL SERVE THE GUIDING JUDGE TO PROVIDE THE CORRESPONDING SENTENCE, WHICH WILL NOT ADMIT RESOURCES OTHER THAN THAT OF EXPLANATION. IN THE CASE OF PROJECTS PARTIALLY OR TOTALLY FINANCED BY THE STATE, IT WILL BE THROUGH THE MINISTRY OF AGRICULTURE AND LIVESTOCK, THE ONE OBLIGATED TO PAY THE INDEMNITY, ACCORDING TO THE EXPERT OPINION OF THE TECHNICIANS OF THE GENERAL DIRECTORATE OF THE BUDGET, AS IF IT WERE A SALE. SAID PAYMENT WILL BE MADE EFFECTIVE PRIOR TO THE AGREEMENT OF THE EXECUTIVE BODY, IN THE AGRICULTURE AND LIVESTOCK BRANCH, WITH THE APPROVAL OF THE COURT OF ACCOUNTS OF THE REPUBLIC. IF IN THE BUILDINGS THERE WOULD BE WORKERS OF THE OWNERS OF THESE LANDS WHO HAVE BUILT HOUSES WITH MATERIALS AND LABOR PAID BY THEM, THE VALUE OF THE EXPERTS OF THE GENERAL DIRECTORATE OF THE BUDGET AND THE ALLUDED AGREEMENT WILL BE ENOUGH TO MAKE THE PAYMENT EFFECTIVE. A COPY OR PHOTOCOPY OF SUCH APPROVED AGREEMENTS WILL BE SENT TO THE ATTORNEY GENERAL'S OFFICE OF THE REPUBLIC FOR ITS KNOWLEDGE. (1) (2) Art. 66.- IF THE ESTATE ESTATE HAS NOT BEEN REGISTERED IN THE REGISTRY OF REAL PROPERTY AND MORTGAGES, THE MUNICIPAL MAYORS OF THE ADMINISTRATIVE JURISDICTION WHERE THE PROPERTY IS SITUATED, ARE OBLIGATED TO KEEP A REGISTRATION BOOK OF EASEMENT REGISTRATION SO THAT WHEN THE SERVING PROPERTY IS TITLED, SUCH CIRCUMSTANCES ARE RECORDED IN THE PROPERTY TITLE AND WHEN THE TITLE IS REGISTERED IN SAID REGISTRY, IT IS REGISTERED WITH SAID LIABILITY. THIS WILL BE ENOUGH FOR THE EASEMENT TO BE CONSTITUTED AND REGISTERED WHEN THE TITLE IS REGISTERED IN THE PROPERTY REGISTRY. (1) Art. 67.- REPEALED (1) (2) ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 19 ____________________________________________________________________ Art. 68.- THE DONATIONS, PURCHASES AND EASEMENTS REFERRED TO IN THE IRRIGATION AND DRAINAGE LAW ARE EXEMPT FROM THE PAYMENT OF ALL KINDS OF TAXES, WHEN THEY ARE MADE IN FAVOR OF THE STATE. THE CORRESPONDING REGISTRIES OF REAL PROPERTY AND MORTGAGES TO REGISTER THE RESPECTIVE DOCUMENTS IN FAVOR OF THE STATE IN THE BRANCH OF AGRICULTURE AND LIVESTOCK, WILL REGISTER THEM EVEN WHEN THEY DO NOT MATCH THE BACKGROUND, AS LONG AS IT IS THE SAME PROPERTY AND THE SAME OWNER. (1) (2) Art. 69.- THE COMPENSATION WILL BE PAID IN CASH. IF THE OWNER, POSSESSOR, HOLDER OR IN CHARGE OF ANY TITLE OF THE SERVANT PROPERTIES DOES NOT APPEAR TO RECEIVE THE PAYMENT OF THE INDEMNITY, THE OWNER OF THE DOMINANT PROPERTY SHALL OPEN A SPECIAL ACCOUNT IN THE AGRICULTURAL DEVELOPMENT BANK FOR THE VALUE OF THE INDEMNITY AND THE PAYMENT SHALL BE CONSIDERED MADE. (1) Art. 70.- THE OWNERS, POSSESSORS, HOLDERS OR MANAGERS IN ANY TITLE OF THE SERVANT PREMISES ARE OBLIGATED: A) NOT TO HINDER THE FUNCTIONING OF FACILITIES, NETWORKS OR SYSTEMS OF IRRIGATION, DRAINAGE AND OTHER WORKS AND WORKS FORESEEN BY THIS LAW; B) NOT TO CAUSE DAMAGE TO THE WORKS AND WORKS OR FACILITIES FOR WHICH THE EASEMENTS ARE EXERCISED, NOR WORKS AND WORKS ARE PERFORMED IN THE FAJA OR SURFACE OF LAND ON WHICH THEY HAVE BEEN ESTABLISHED, AND C) NOT TO PREVENT, OBSTRUCT OR ALTER THE COURSE OR DISTRIBUTION OF WATER OR AFFECT THEIR QUALITY. (1) Art. 71.- TO COMPLY WITH THE ARTICLES OF THIS LAW, IF NECESSARY, PUBLIC FORCE WILL BE USED. (1) Art. 72.- THE OFFENDERS WILL BE SANCTIONED IN ACCORDANCE WITH ARTICLE 94 OF THIS LAW. (1) Art. 73.- IT IS PRESUMED BY FULL LAW THAT THE INFRINGER IS THE OWNER, POSSESSOR, HOLDER OR IN CHARGE OF ANY TITLE OF THE SERVING PROPERTY, EVEN WHEN THE VIOLATION OF THIS LAW IS DONE BY ONE OR VARIOUS OF ITS EMPLOYEES, ADMINISTRATORS OR IN CHARGE OF SURVEILLANCE OF THE PROPERTY. (1) Art. 74.- THE IRRIGATION ASSOCIATIONS, WITH LEGAL STATUS, FOR THE SOLE PURPOSE OF ESTABLISHING EASEMENTS, SHALL BE CONSIDERED AS IF THEY WERE OWNERS OF THE PROPERTIES OF THE ASSOCIATES AND AS IF THESE LANDS FORM ONE SINGLE BODY. (1) Art. 75.- SAID ASSOCIATIONS MAY REQUEST THE CONSTITUTION OF EASEMENT, EVEN WHEN THE INFRASTRUCTURE WAS NOT FINANCED AS PUBLIC FUNDS. (1) Art. 76.- OF THE CONSTITUTION OF EASEMENTS BY MINISTRY OF LAW, NO RESOURCE MAY BE FILED. (1) ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 20 ____________________________________________________________________ Art. 77.- THE PREVIOUS PROVISIONS HAVE A RETROACTIVE EFFECT AS THEY ARE OF ORDER PUBLIC. (1) CHAPTER VIII FROM THE EXPROPIACION Art. 78.- The following are declared of public utility: I.- The works and works necessary for irrigation, such as: a) Collection, storage, diversion, conduction and distribution of water; b) Delivery of groundwater; c) Channels and ditches; Y d) Pumping stations. II.- The works and works necessary for the drainage, such as: a) Derivation and retention works; b) Regularization of currents; c) Canals, ditches, gutters and drainage collectors; d) Dikes, borders, terraces; e) Pumping stations; Y f) Works to drain the swamp and eliminate stagnant water. III.- The communication channels necessary for the establishment and operation of the works and works of irrigation, drainage and drying of swamps and flooded lands, and flood control. IV.- All the accessory and complementary works and works of the works and works mentioned in the previous numbers. IN.- Field work and soil and subsoil explorations, surveys, studies, project formation and establishment of observation and experimentation stations that concur with any of the objectives of this Law. WE.- The lands that are necessary to carry out the works and works referred to in this article. Art. 79.- For the purposes of acquisition and adjudication by the State, a declaration of social interest for the surfaces in excess of the maximum limit established for each District of Riego and those that in the ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 21 ____________________________________________________________________ reach the minimum established for the District in question. Once the surfaces referred to in the preceding paragraph have been acquired, the State will transfer them to the Rural Colonization Institute. This will distribute them among the persons referred to in Art. 30 of this Law for the purposes indicated therein. In the event that there is surplus land, it will be awarded to new individual owners. Art. 80.- When the State could not voluntarily acquire the real estate, necessary to carry out the works and works that this Law deals with or for the purposes of the previous article, such assets will be expropriated in accordance with the procedure established in the following articles. Art. 81.- The competent authority to know in the expropriation lawsuits that this Law deals with, will be the Judge of First Instance that knows in the Civil Branch, of the Judicial District in which the property to be expropriated is located. If there are several competent Judges, they will know prevention. Art. 82.- For the purposes of expropriation, the Attorney General of the Republic, by himself or through his Auxiliary Agents, will occur before the Competent Judge, making a relationship in the demand for the property or properties of its portions that need to be expropriated. , the name or names of the owners or possessors and of any persons who have real or personal rights registered in their favor that must be respected, with an expression of their respective addresses; and will accompany the pertinent documentation, as well as copies of the plans corresponding to the property, properties or portions that are to be expropriated. If among the aforementioned persons there are absent or incapable, they must express the names and addresses of their attorneys and legal representatives if known. Art. 83.- The Judge, upon receipt of the claim and before any procedure, will order ex officio its preventive entry in the competent Real Estate Registry, any real or personal transfer or encumbrance subsequent to the entry date being null and void. Art. 84.- The Judge will summon the owners or possessors and other persons indicated in article 82 for a term of ten days. If there are absent or incapable persons who must be heard and lack representatives, the Judge will appoint them immediately, without any formalities, a special curator to represent them in the trial. The summons will be made by means of a notice that will be published only once in the Official Gazette and in two of the newspapers with the largest circulation in the Republic, and the ten days will be counted from the last of the dates on which it is made. the post. There will be no end of the distance. Art. 85.- Concluded the ten days of the summons, whether or not the defendants appear, the trial will be opened for evidence for eight non-extendable days, within which the opinion of two experts will be received. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 22 ____________________________________________________________________ that the Judge will appoint ex officio, on the need to acquire all or part of the property and on the value of the compensation that must be paid; evaluating separately, if applicable, compensation for registered rights constituted in favor of third parties. For the purposes of the appraisal of real estate that is totally or partially acquired, the following factors will be taken into account: a) The average annual production during the six years immediately prior to the time of acquisition or the date of the expropriation claim; b) The value of the declaration or official estimate made for tax purposes by virtue of laws on the matter, if they were presented; c) The purchase price of the property in the last transfers of ownership that have been made in the ten years preceding the time of the appraisal; d) The acquisition prices of similar properties in the region or area itself during the last five years prior to the date of the expropriation demand or the purchase proposal. The appraisal will include, in addition to the price of the land, that of the buildings, installations, annexes, fixtures, tools and existing improvements. For the determination of the price, only the real value of the property will be taken into account in the appraisal. property and that of the damages actually caused. The experts, in addition to meeting the requirements expressed in article 344 of the Code of Civil Procedures, may not be relatives within the fourth degree of consanguinity or second degree of affinity of the persons who have rights in the property or interests in the amount of compensation. , nor other owners or possessors subject to expropriation. The competent Judge will choose the experts from a list that must be sent by the General Directorate of the Budget. If the expropriation is partial and the owner or possessor of the property demands full compensation, the expert opinion must state whether, by partially expropriating the property, the owner or possessor would receive a loss of such a nature that it is not convenient for him to keep the rest. In the event that the opinion expresses that the property must be expropriated in its entirety, the Judge will resolve this in the final sentence. In case of disagreement between the experts, it will be resolved in accordance with the provisions of the Code of Civil Procedures. Art. 86.- Within the three days following the conclusion of the evidentiary term, the Judge will dictate the definitive sentence, decreeing the expropriation or declaring it without place; and in the first case, it will determine the value of the compensation with respect to each piece of land, as well as the form and conditions of payment. For the latter, the rights registered in favor of third parties will be taken into account. The sentence will be appealable in both effects before the Chamber of Second Instance that ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 23 ____________________________________________________________________ know of the Civil, the same day or within three business days following the respective notification, with notice of the parties. The Judge, without further ado, will send it to the respective Chamber. Upon receiving the trial, the Chamber will give a hearing within a third day to each of the parties who may present the pertinent evidence; and without further formality or diligence, it will conform, amend or revoke the appealed sentence. The judgment of the Chamber will not admit any appeal. Art. 87.- If the property that is to be expropriated is judicially seized, or during the course of the respective trial, the value of the indemnity will be deposited at the order of the Judge who hears the matter in which the seizure has been decreed, to that the former, in his case, make the payments to the creditors, conserving the latter their preferential rights over said value. If there is no embargo on the expropriated thing, but there are mortgage liens on it, in favor of one or more creditors, the value of the indemnity will be deposited in a bank, so that said creditors may prefer their credits over said value. Notwithstanding the provisions of the preceding paragraph, in any case in which there is no lien against the amount of compensation, the Judge who decreed the expropriation may order, at the request of any of the mortgagee or the debtor, the payment of their respective credits, respecting their preference. Art. 88.- The final judgment may include one or several pieces of land belonging to one or several owners or possessors who have been sued, and it shall establish the amount of compensation that must be paid to said owners or possessors and to third parties who have registered rights in their favour. Said judgment will admit only the appeal for review. Art. 89.- Once the sentence that decrees the expropriation has been executed, the property of the goods will be transferred in favor of the State and the executory of said sentence will be registered as title of ownership. The rights registered in favor of third parties that fall on part of the expropriated real estate or properties, will be totally or partially extinguished, as the case may be, and the Judge will order in the sentence the total or partial cancellation of their registration in the Registry. If after four days from the notification of the sentence, the State has not received, due to the reluctance of the owners, possessors or occupants, some of the expropriated land, the Judge of the case or a Justice of the Peace commissioned for this purpose, will grant material possession of the properties to the State, through the Attorney General of the Republic, with only the petition of the same, even when the corresponding inscriptions have not been made. Art. 90.- All actions will be carried out on simple paper and notifications and citations will be made by edicts that will be posted on the Court Board. The notification or citation will be deemed to have been made 48 hours after the edict is posted on the Board, except in the case of the location provided for in Art. 85. Art. 91.- The properties that the State acquires by expropriation in accordance with this Law, may ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 24 ____________________________________________________________________ register in their favor in the corresponding Property Registries, notwithstanding that the owners or possessors lack registered titles or have defective ones. Art. 92.- Both in the contractual acquisition deeds and in the expropriation sentence and in the inscriptions of the properties that are acquired, the descriptions and areas that appear in the records, if any, and those that result from the data provided by State Engineers, based on said background. Art. 93.- Pursuant to article 138 of the current Political Constitution, when dealing with the acquisition of the lands referred to in this Law and when the amount of compensation justifies them, in the respective expropriation sentences will determine the form and time of payment of the same. CHAPTER IX SANCTIONS AND PROCEDURES Art. 94.- WITHOUT PREJUDICE TO THE CORRESPONDING CRIMINAL AND CIVIL LIABILITY, FOR THE INFRINGEMENT OF THE PROVISIONS OF THIS LAW AND ITS REGULATIONS, A FINE OF FIFTY COLONES TO ONE HUNDRED THOUSAND COLONES WILL BE IMPOSED, ACCORDING TO THE SERIOUSNESS OF THE INFRINGEMENT, THE COMMISSION OF THE SAME AND THE ECONOMIC CAPACITY OF THE INFRACTOR. IF THE IMPOSED FINE IS NOT PAID, IT WILL BE EXCHANGED FOR ARREST WHICH CANNOT EXCEED FIFTEEN DAYS. IF THE OFFENDER IS A LEGAL PERSON, THE ARREST WILL BE EFFECTIVE ON THE PERSON WHO ORDERED THE INFRINGEMENT. IF IT IS NOT FIND OUT WHO ORDERED THE INFRINGEMENT, IT WILL BE PRESUMED THAT IT WAS THE LEGAL REPRESENTATIVE OF THE ENTITY. (1) Art. 95.- The Ministry of Agriculture and Livestock through the corresponding agency may order the suspension of the water supply to the user, in the following cases: a) Due to lack of payment of the fees and rates referred to in this Law; b) By obstructing or impeding the operation and maintenance of canals, drains, ditches and other irrigation works and facilities, fertilizing, etc. c) For not having prepared the user, for irrigation and drainage, its internal system of canals, ditches, ditches, etc.; d) Due to inappropriate or excessive use of water, or allocate it to uses not expressly authorized; and) For contravening the prohibition established in paragraph c) of article 41 of this Law. Art. 96.- The inspection records or reports that, in compliance with their obligations and functions, are drawn up or rendered by officials or employees of the Ministry of Agriculture and Livestock, in relation to the provisions of this Law and its Regulations, shall be presumed accurate and true. of the facts verified, as long as their inaccuracy, falsity or bias is not demonstrated. Art. 97.- To impose and enforce the sanctions referred to in this Chapter and to order ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 25 ____________________________________________________________________ the suspension referred to in article 95 and the removal or destruction of the works referred to in articles 6 letter e) and 25 of this Law, the following procedure shall be followed: The Official of the Ministry of Agriculture and Livestock indicated in the Regulation, upon learning of the infraction or of the respective facts, even by means of the record or report referred to in the previous article, will order an informative instruction and will give a hearing to the accused by within three days, counted from the day following the notification, delivering a copy of the respective minutes or report in the act of making the notification. AFTER THE TERM OF THE HEARING, WHETHER THE OFFENDER COMPROMISES OR NOT, THE INFORMATION WILL BE OPENED TO EVIDENCE FOR EIGHT DAYS. THE PROOF WILL CONSIST MAINLY OF THE PERSONAL INSPECTION AND THE OPINION OF THE EXPERTS, AND WILL EVEN BE PRACTICED OFFICIALLY. AT THE END OF THE PROBATIONARY TERM, THE AUTHORITY WILL ISSUE A RESOLUTION, OF WHICH IF IT IS UNFAVORABLE TO THE OFFENDER, AN APPEAL WILL BE ALLOWED BEFORE MR. MINISTER OF AGRICULTURE AND LIVESTOCK. THE APPEAL MAY BE FILED IN THE ACT OF THE NOTIFICATION OF SAID RESOLUTION OR WITHIN THE FOLLOWING THREE DAYS. (1) Once the appeal has been introduced, the Ministry of Agriculture and Livestock will indicate the day and time for the appellant to manifest his right and if he requests the opening of the test, it will be granted for a period of four days within which the appellant will receive the evidence. and those that, in his opinion, he considers pertinent. Once said term has concluded, if any, or the day of the hearing has elapsed, otherwise, a resolution will be issued confirming or revoking the one pronounced by the competent authority. From this last resolution there will be no other resource, except that of responsibility. Art. 98.- The officials or employees of the Ministry of Agriculture and Livestock referred to in this Chapter, may carry out the proceedings related to the procedures established by it, through a warrant or provision issued to the Municipal Mayors for their due compliance. CHAPTER X GENERAL AND TRANSITIONAL PROVISIONS Art. 99.- The General Regulations of this Law will provide the necessary measures in relation to the formation and use of ponds, backwaters and other artificial storage of water so that other uses are not prejudiced. For the purposes of this Law and the respective Regulations, banks shall be understood as the strips or lateral zones of the corresponding alveos or channels that are bathed by the waters in ordinary floods. Art. 100.- To discharge contaminated water, sewage waste or wastewater of any kind into natural or artificial channels, they must be previously treated or purified in the manner provided by this Law and its Regulations or to install in the lateral area, strips or areas of protection of the natural channels, aqueducts, canals, ditches or artificial storage of water, works or jobs that may infect or alter the waters, which circulate or are contained by them, the provisions of the regulations of this Law must be previously observed. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 26 ____________________________________________________________________ The treatment or purification that is previously carried out on the water and waste mentioned in the previous paragraph will be to the satisfaction of the Executive Power in the Branches of Agriculture and Livestock, and Public Health and Social Assistance, who will exercise the necessary surveillance and control, even in the manufacturing, mining or agricultural establishments that with their activity are capable of taking unusable water. Art. 101.- The Executive Power in the Branch of Agriculture and Livestock will dictate the necessary measures for: a) Prevent water contamination; b) Prevent the use of water that reduces soil fertility; c) Protect aquatic fauna and flora. Art. 102.- The technical terms and concepts used in this Law and in its Regulations shall be understood in the sense or meaning given to them by the corresponding Regulation in its respective glossary. Art. 103.- When the Executive Power in the Branch of Agriculture and Livestock decrees the commissioning of an Irrigation and Drainage District, or from the moment in which said Power in the said Branch takes charge of the administration of Irrigation and Drainage in other areas, or since the operation of an Irrigators' Association referred to in this Law is authorized, the irrigation taxes, rates, fees and registration fees that affect the corresponding jurisdictional waters will be repealed. When said Ministry adopts any of the provisions listed in the preceding paragraph, it will notify the affected Municipalities, which will be done through the Ministry of the Interior, and will be published in the Official Gazette. Art. 104.- The Executive Power in the Branch of Agriculture and Livestock will decree the commissioning of all irrigation and drainage systems. Art. 105.- In what is not provided for in this Law, the provisions of the Civil Code and the Code of Civil Procedures that are compatible with the nature of the matter in question shall apply. Where appropriate, the existing provisions in other Laws on roads or communication routes will be applied to the roads or communication and service routes of the Irrigation and Drainage Districts. Art. 106.- For the purposes of Art. 35 of this Law, Directors appointed or elected in accordance with subparagraphs b) and d) of said article, will last in office for one year and six months in the first period of their appointment or choice. Art. 107.- The Ministry of Agriculture and Livestock is obliged to issue the respective Regulation, within ninety days following the effective date of this Law. Art. 108.- The Drainage and Irrigation Law issued by the Civic-Military Directorate, by Decree No. 458 dated December 11, 1961, published in the Official Gazette No. 234, Volume 193, is hereby repealed. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 27 ____________________________________________________________________ dated the 20th of the same month and year, and ratified by the Constituent Assembly, by Decree No. 4 dated January 3, 1962, published in the Official Gazette No. 1, Volume 194, dated the 3rd of the same month and year. All the provisions contained in the Laws or Regulations in force in everything that opposes this Law are also repealed. Art. 109.- This Decree will enter into force fifteen days after its publication in the Official diary. GIVEN IN THE HALL OF SESSIONS OF THE LEGISLATIVE ASSEMBLY; NATIONAL PALACE: San Salvador, on the eleventh day of November, nineteen seventy. RUBEN ALFONSO RODRIGUEZ Acting President ROGELIO SANCHEZ Vice president JULIO FRANCISCO FLORES MENENDEZ, First secretary ARMANDO MOLINA, JORGE HERNANDEZ COLOCHO First secretary First secretary MANUEL LASALA GALLEGOS, JOSE FRANCISCO GUERRERO Second Secretary. Second Secretary. PRESIDENTIAL HOUSE: San Salvador, on the seventeenth day of November, nineteen seventy. PUBLIC. FIDEL SANCHEZ HERNANDEZ President of the Republic. ENRIQUE ALVAREZ CORDOVA Minister of Agriculture and Livestock. BE PUBLISHED IN THE OFFICIAL GAZETTE ENRIQUE MAYORGA RIVAS Secretary General of the Presidency of the Republic. ___________________________________________________________________ LEGISLATIVE INDEX Machine Translated by Google LEGISLATIVE ASSEMBLY, REPUBLIC OF EL SALVADOR 28 ____________________________________________________________________ DO No. 213 Volume No. 229 Date: November 23, 1970. RENOVATIONS: (1) DL Nº 232, APRIL 27, 1989; DO No. 82, T. 303, MAY 5, (2) DL Nº 603, OCTOBER 18, 1990; DO No. 251, T. 309, OCTOBER 30, PARTIALLY REPEALED BY: - DL Nº 385, NOVEMBER 30, 1989; DO Nº 227, T. 305, DECEMBER 7, 1989. NOTE: BY DL Nº 385, ISSUED ON NOVEMBER 30, 1989 AND PUBLISHED IN DO Nº 227, T. 305, OF DECEMBER 7, 1989, REPEALED THOSE LEGAL PROVISIONS WHICH CONTAINED EXEMPTIONS, FEES AND IMPORT TAXES. OALR / ngcl ___________________________________________________________________ LEGISLATIVE INDEX