The Power of attorney, through the Second Temporary Constitutional Court of Lima, declared unfounded the amparo lawsuit filed by 18 industrial companies that requested that the rate for monitoring and managing the use of groundwater be declared inapplicable.
The action was brought against the Ministry of Housing, Construction and Sanitation, the National Superintendence of Sanitation Services and Sedapal, alleging that it was “a covert tax”.
In this regard, the court assessed Sunass’s allegation that the rate for monitoring and managing the use of groundwater was established by Legislative Decree No. 1185, a regulation with the force of law that creates the special rate regime for that purpose. .
Likewise, regarding what was stated by the plaintiff companies that already pay an economic remuneration for the use of groundwater to the National Water Authority (ANA), the court reaffirmed that according to the Water Resources Law, users of groundwater for productive purposes are subject to various economic obligations, one of them is to pay the economic compensation for the use (consumption) of groundwater and another obligation other than this is to pay a fee for the service of monitoring and management of groundwater use.
The resources obtained from the fee for Monitoring and Management of the Use of Groundwater are intended for Sedapal to carry out activities to measure the quality and quantity of the groundwater reserves available to the city of Metropolitan Lima and Callao, recharge the Chillón-Rímac-Lurín aquifers, identify new sources of surface water that will allow less extraction of groundwater in the future, continue with actions to identify clandestine users and promote their formalization, among others.
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