Water Resources
Our Water Resources team renders comprehensive legal advice for industries and projects that depend on this critical resource, in each and every one of the jurisdictions where the Firm operates. With a special emphasis on Chile and Peru, our experience has allowed us to offer strategic support to local and international companies from various productive sectors, as well as to specialised government agencies.
Our team combines expertise in both the public and private sectors, which allows us to take part in complex and high-impact projects throughout the region, covering all stages of their development: strategic planning, asset acquisition, assessment, construction, operation, and closure, in every productive sector.
We work with multidisciplinary teams, addressing the most complex technical and regulatory aspects, in order to guarantee regulatory compliance and project sustainability. We also render advice on all sorts of conflicts pertaining to the use of water resources, having heralded the creation and implementation of alternative dispute resolution mechanisms. We provide legal counselling in the negotiation and execution of instruments that govern the management and shared use of water at the level of river basins, aquifers and water distribution systems.
Our advice in this area covers, among others, the following aspects:
Attainment and management of authorisations and permits regarding water resources
Processing before competent authorities, such as the General Waters Bureau (DGA, from the Spanish Dirección General de Aguas) in Chile or the National Water Authority (ANA, from the Spanish Autoridad Nacional del Agua) in Peru, as well as before other State instrumentalities in both countries.
Strategic planning and water resource management
Evaluation of water supply sources, asset purchase and sale processes, development of early warning plans, regulatory compliance audits and operating manuals.
Conflict resolution and alternative dispute resolution mechanisms
We render legal counselling in the negotiation and execution of instruments that govern the management and shared use of water at the river basins’, aquifers’, and water distribution systems’ levels.
Establishment and management of Water User Organisations
Unique experience in the establishment and management of Water User Organisations, such as Water Boards and Water Communities.
Defence in sanctioning procedures
We advise our clients in sanctioning procedures, both administrative and judicial. Given the risks and contingencies the latter entail, counselling covers early stages of diagnose, design of compliance strategies, and defence in inspection and sanctioning procedures.
Participation in legislative and regulatory bodies
We participate in the debate, discussion and/or advice for the elaboration of new legislative texts, bills of law, regulation, circular letters, and other acts, both at the governmental level and through the most important associations in each of the countries where we operate.
Regional integration and comparative analysis
Our water resources experts are in constant collaboration with and among the different jurisdictions where we operate, thus allowing us not only to anticipate local regulatory changes —following trends already consolidated in the region and sharing knowledge between different locations—, but also to achieve a deeper understanding of water regulation in Latin America. This experience enables us to explain, guide, and adapt local businesses, facilitating their expansion throughout the continent.
Advice on high-impact strategic projects
We offer comprehensive support to industries such as mining, power generation, agriculture, sanitation, desalination plants, fish farming, industrial plants and real estate developments. We get involved in every stage of each project, from strategic planning and design, through asset acquisition, assessment and construction, to operation and final closure.
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